Interactions Among Branches of Government: Chapters 10-13, Unit 2 Flashcards

1
Q

CHAPTER 10 - THE LEGISLATIVE BRANCHES ( congress) 1-48

A
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2
Q

senate (4)

A

-elections concerned about national issues
-6 year terms
-elections by state (popular vote)
-100 people (2pr state)

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3
Q

house of representatives

A

-elections concern local issues
-2 year terms
-elections by district
-435 people (based on population)

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4
Q

constituents

A

residents of a congressional district or state

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5
Q

reapportionment

A

assigning of congressional seats after each census

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6
Q

redistricting

A

redrawing of congressional and other legislative district lines following a census to keep districts equal/ fair

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7
Q

gerrymandering

A

diving districts to benifit a party, group or incumbent

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8
Q

safe seat

A

an electoral district in a legislative body which is regarded as fully secure, for either a certain political party, or the incumbent representative personally or a combination of both.

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9
Q

incumbent

A

the current holder of an elected office

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10
Q

earmarks

A

special spending projects that are set aside on behalf of individual members of Congress for their constituents

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11
Q

enumerated powers

A

powers explicitly given to congress in the constitution

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12
Q

enumerated powers of congress (5)

A

-borrow/ make money
-regulate commerce
-unify the country
-declare/fund war
-create the inferior federal courts

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13
Q

bicameralism

A

principle of a two-house legislature

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14
Q

Powers of Congress: House(2), Senate(2)

A

House:
-propose legislation
-raise revenue
Senate:
-confirm presidential appointees (by majority vote)
-ratify treaties (by 2/3 vote)

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15
Q

party caucus (in house)

A

held at the beginning of a congressional term to elect the Speaker, Majority Leader, Minority Leader, and whips

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16
Q

The Speaker of the Hosue

A

the leader of the house
-presides over each session and is largely responsible for assigning representatives to committees to party positions
-ONLY IN HOUSE

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17
Q

Majority Leader (of the house)

A

assists the speaker of the house in adding majority party members to committees and scheduling legislation

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18
Q

Minority Leader (of the house)

A

leads minority party in opposing agenda of the majority party and in choosing minority party members for committees

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19
Q

party whips

A

responsible for counting votes for proposed legislation, and working with members of their party to get enough votes
-in both house and senate and for both minority and majority parties

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20
Q

open rule

A

rule in the house that permits amendments and changes to be made to a bill

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21
Q

closed rule

A

opposite of open rule,
no changes can be made to a bill

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22
Q

who determines if a bill will be opened or closed rule?

A

speaker of the house

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23
Q

Who is the president of the senate

A

the vice president
-though it is more of a formal role than active (they don’t do much)
–ONLY FOR SENATE

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24
Q

Majority Leader (in senate)

A

manages the schedule of debate and rallies party voters for party legislation, or against minority party proposals

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25
Q

Minority Leader (in senate)

A

rallies the support of minority party around legislation and acts as the spokes person

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26
Q

president pro tempure

A

acts as chair in the absence of the vice president
-normally the person who has been in the senate the longest
-ONLY FOR SENATE

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27
Q

committees

A

responsible for researching, assessing, and revising the bills introduced to congress

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28
Q

legislative oversight

A

monitoring the federal agencies and the execution of law

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29
Q

fillibuster

A

practice ONLY IN SENATE, where a senator wants to prevent a vote from happening so they keep the debate going by saying unrelated stuff

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30
Q

cloture

A

the procedure of ending debates, especially fillibusters
-need 60 votes

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31
Q

quorm

A

the minimum number you need present to pass a bill (majority present)

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32
Q

standing committees

A

handle specific policy areas, such as agriculture or finance
- and each committee is often divided into subcommittees
-in both house and senate

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33
Q

joint committees

A

responsible for legislation that overlaps policy areas
-includes members of both branches of congress

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34
Q

special/ select committees

A

handle a specific issue, such as an investigation or impeachment
-normally temporary

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35
Q

conference committees

A

iron out the differences between house and senate versions of bills
- members for both branches

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36
Q

committee chairs

A

influence the agenda of committtees
-chair is always a member of the majority party

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37
Q

majority party v. minority party

A

majority party: the party that is the same as the president
minoirty party: the party that isn’t
Ex. right now, democrats are majority and republicans are minority party

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38
Q

House Rules Committee

A

-revies all bulls before they go to the house floor
-assigns their slots on the calender
-allocates time for debates
-decides whether the bill maybe amended or not

most powerful committee

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39
Q

House Ways & Means Committee

A

-writes bulls concerning tac and other public revenue, which are subjected to approval from both houses

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40
Q

Senate Finance Committee

A

-works in conjunction with the Hosue Ways & Means Committee to write bills on tax and revenue

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41
Q

Appropriations Committee

A

-decides how money will be appointed to federal agencies
- in each branch
-largest committee in both branches

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42
Q

How a bill becomes a law

A

1) gets introduced
2)goes to the subcommittee of the appropriate standing committee
3) subcommittee conducts research, makes edits, etc
4) approved bill goes to the standing committee, which decides whether to pass it or kill it
5) bill is introduced for debate
6) If the bill is passed in both houses, it goes to the president who approves it or vetos it

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43
Q

discharge petition

A

a petition that if signed by a majority of members in the house, will be brought to the floor for consideration
-ONLY IN HOUSE

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44
Q

rider

A

a provision attached to a bill, which may or may not be related
-bill attached to another bill
- ONLY IN SENATE

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45
Q

pocket veto

A

only happens during the 10 day term when Congress isn’t in session,
when a president doesn’t do anything about a bill until congress is on recess so there’s no possibility for an override

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46
Q

override

A

reverse veto, takes 2.3 majority for house and senate

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47
Q

logrolling

A

a mutual aid and vote trading among legislatures
-“ I’ll vote for your bill if you vote for mine”

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48
Q

attentive public

A

one who follows public affairs closley

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49
Q

apportionment

A

Distribution among the states based on the population of each of the states.

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50
Q

incumbency effect

A

is the tendency of those already holding office to win reelection

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51
Q

seniority system

A

with the majority party member having the longest length of committee service chosen as chairperson.
-no longer used

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52
Q

CHAPTER 11 - THE EXECUTIVE BRANCH (president) (53- 87)

A
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53
Q

parliamentary system

A

gov in which legislature selects prime minister/ president

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54
Q

presidental ticket

A

a joint listing of the presidential and vice presidential candidates on the same ballot
-required by the 12th amendment

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55
Q

Commander and Cheif

A

president is in charge of military

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56
Q

Diplomat in chief/ Chief Diplomat

A

president is in charge of negotiations with foreign governments and leader

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57
Q

Administration in chief

A

president is the head of the executive branch

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58
Q

Cheif of state

A

president represnts out country

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59
Q

vesting clause

A

the presidents constitutional authority to control most executive functions

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60
Q

Executive powers (formal):
negotiations and treaties

A

a pubic agreement between US president and other nation leaders
- approved by 2/3 of senate

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61
Q

executive agreement

A

a formal agreement between US president and leaders of other nations that does NOT require senate approval

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62
Q

congressional-executive agreement

A

a formal agreement between US president and another nations leader that requires approval from BOTH houses of congress

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63
Q

Executive powers (formal):
The appointment power

A

president can appoint people into power

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64
Q

recess appointment

A

a presidential appointment made without senate approval during congresses recess

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65
Q

Executive powers (formal):
The pardon power

A

presidents power to pardon someone from a jail sentence

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66
Q

Executive powers (formal):
The veto power

A

the presidents power to veto (reject a bill from congress)

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67
Q

Executive powers (formal):
The take care power

A

follows take care clause… (next card)

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68
Q

take care clause

A

constitutional requirement that the president take care that the laws are carefully executed, even if they disagree with them

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69
Q

Executive powers (formal):
The power to inform and convene congress

A

presidents power to adjourn/ discontinue or bring together congress in certain circumstances

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70
Q

Executive powers (informal?):
executive orders

A

a formal order issued by the president to direct action to manage the federal government
-does not need approval from congress

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71
Q

formal power

A

given to president in the constitution (?)

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72
Q

informal/ inherent powers

A

powers that grow out of the existence of the government

73
Q

Executive powers (informal):
executive privilege

A

the right to keep executive communication confidential
-unless when investigating a crime/ something to do with national security

74
Q

Executive powers (informal):
signing statements

A

a document that explains why a president is signing a bill
- statements could contain objections and promises to implement key sections (?)

75
Q

Impoundment of funds

A

a decision by the president to not spend the money appropriated to them by congress
–NO LONGER ALLOWED
Budegest Reform Act of 1974, limited this, then later federal courts got rid of it
the president must spend the money appropriated from congress without delay

76
Q

Line-item veto

A

the power to remove specific things from a spending bill without vetoing the whole thing
-NOW UNCONSTITUTIONAL

77
Q

state of the union adress

A

presidents annual statement to congress and the nation

78
Q

chief of staff

A

-gate keeper to president
-gives president advice
-appointed/ fired by president ( senate has no say in this appointment)
- has the most influence on the president

79
Q

The white house staff

A

-highest level/ most loyal to president
-chief of staff is the head of the white house office
-the president appoints the members (without senate approval)

80
Q

Executive Office of the President

A

a cluster of the presidential staff agencies that help the president carry out their responsibilities
-ex. includes: omb, cea, etc

81
Q

Office of Management & Budget (OMB)

A

a presidential staff agency that serves as a clearing house for budgetary requests and management improvements for gov agencies
-helps president with budget

82
Q

the cabinet

A

the advisory council for the president
-heads of the executive departments and a few other appointed people by the present (who are confirmed by congress)

83
Q

Executive Powers (informal):
power of persuasion

A

-use public approval to lobby Congress for action

84
Q

presidential support score

A

the percentage of times a president wins on key votes in congress

85
Q

rally point/ tallying event

A

a rise in public approval of the president following a crisis
- ex. after 9/11

86
Q

Fed 70.

A

Alexander Hamilton argues the need for a strong executive leader

87
Q

War Powers Act of 1973

A

president can only declare war when..
-congress approves
-or an emergency (but they must get approval within 60 days)

88
Q

CHAPTER 12 - THE BUREAUCRACY (89-124)

A
89
Q

The federal bureaucracy

A

the some total of all executive agencies and personal

90
Q

Bureaucracy

A

a form of organization that operates through personal uniform riles and procedures

91
Q

bureaucrat

A

a career government employ
-they arnt elected
-impersonal

92
Q

red tape

A

strict rules and regulations so that a procedure takes longer than necessary
… this is the case for firing bureaucrats

93
Q

Department (cabnits)

A

-largest organization with largest missions
-highest ranking in federal hierarchy

94
Q

Independent executive agencies

A

a government entity that is independent of the executive branch and departments

95
Q

Independent regulatory commission

A

a government agency with regulatory power whose dependence is protected by congress
-ex. fec, fcc

96
Q

government corporations

A

government agencies that operate a business corporation
-ex. US postal service

97
Q

presidential appointee

A

are appointed by the president, some with senate approval, some without

98
Q

senior executive service

A

a flexible mobile care of senior career executives who worked closely with president appointees to manage the gov(?)

99
Q

the civil service

A

federal employees who work for gov through a competitive not political selection process (?)

100
Q

senior executives

A

members of the civil service (?)

101
Q

The spoils system

A

a system using political favoritism, that gave jobs to the bureaucracy based on the applicants loyalty to the political party in power

102
Q

patronage

A

practice where political parties that win reward their campaign workers and supporter with government positions

103
Q

Merit System

A

-replaced spoils system
bureaucrats hired based on qualifications, not patronage

104
Q

Pendleton Act of 1883

A
  • jobs given without favoritism
    -all people in the federal gov need to complete the civil service exam
105
Q

Office of Personal Management (OMP)

A

an agency that administers civil service rules and regulations

106
Q

Merit System Protection Board

A

independent agency that oversees and protects merit in the federal government personal system

107
Q

The Hatch Act

A

a federal statute barring federal employes from active participation in certain kinds of politics and protecting them from being fired on partisan grounds
-bureaucrats have to be non-partisan (not in cleat support of one party over the other)

108
Q

Freedom of Information Act (FOIA)

A

provides public access to all federal agency records..
..except the records protected by the 9 exemptions of 3 exclusions (don’t know what those are tho)

109
Q

Privacy Act

A

protects records about indeviduals retrieved by personal identification

110
Q

implementation

A

the process of putting laws into practice through bureaucratic rules or spending

111
Q

administrative discretion

A

the authority given by congress to federal bureaucracy to use reasonable judgment when implementing laws

112
Q

rule

A

precise statement on how law is implemented

113
Q

“Federal Register”

A

the official daily publication of the federal bureaucracy
includes: proposed rules, executive orders, etc.

114
Q

uncontrollable spending

A

portion of federal budget spent on preciously enacted programs
ex. social security

115
Q

entitlement programs

A

programs that provide benefits to eligible citizens

116
Q

oversight

A

legislative or executive review of a particular government program or organization
-can be a response to a crisis to just part of routine review

117
Q

central clearance

A

OMB’s review of all executive branch testimony reports and draft legislation

118
Q

Distributive policy

A

provides benefits to ALL grouos

119
Q

Redistributive policy

A

provides benefits to ONE group, but at the expense of another

120
Q

Reverse distributive policy

A

eliminates benefits to all groups

121
Q

iron triangles

A

Alliances that develop between bureaucratic agencies, interest groups, and congressional committees or subcommittees. Because of a common goal, these alliances may work to help each other achieve their goals, with Congress and the president often deferring to their influence.

122
Q

22nd amendment

A

president only has a max of two terms

123
Q

25th amendemnt

A

in case of presidents resignation or death, vice president become president

124
Q

issue networks

A

an alliance of various interest groups and individuals who unite to regularly discuss and advocate public policies.
Unlike iron triangles, issue networks continually form and disband according to the policy issues.

125
Q

Examples of Executive Departments:
Transportation

A

Promotes mass transit programs and programs for highways, railroads, and air traffic; enforces maritime law.

126
Q

Examples of Executive Departments:
Education

A

Administers federal aid programs to schools; engages in educational research.

127
Q

Examples of Executive Departments:
Veterans Affairs

A

Promotes the welfare of veterans of the armed forces.

128
Q

Examples of Executive Departments:
Homeland Security

A

Prevents terrorist attacks within the United States, reduces America’s susceptibility to terrorism, and minimizes damage and helps recovery from attacks that do occur

129
Q

CHAPTER 13 - THE JUDICIARY BRANCH (128-

A
130
Q

judicial review

A

the power of a court to refuse to enforce a law/ government regulation because they belive it is unconstitutional

131
Q

criminal law

A

law that defines crimes against public order
-if you break the law

132
Q

Qualities of Criminal Law (3)

A

-in trial, a person’s liberty is at stake
-criminal defendants are provided an attorney by the government
–generally have the right to a trial

133
Q

civil law

A

a branch of law that regulates the non-criminal rights, duties of a person, and equal legal relations between private individuals
-things like suing someone

134
Q

Qualities of Civil Law (3)

A

-penalties are mainly monetary (money/ fines)
-no right to a government-provided attorney
-no constitutional right to a jury

135
Q

defendant

A

person/ party accused of the offense

136
Q

plantiff

A

person who brings up the case against someone else (prosecutor)
- only in civil cases

137
Q

prosecutor

A

person who brings up the case against someone else
-only in criminal cases

138
Q

plea bargain

A

an agreement between the prosecutor and defendant, where the defendant will plead guilty to a lesser offense to avoid having to stay in the trail and gave a worse punishment

139
Q

impartial

A

doesn’t have an opinion on something

140
Q

Advisory System

A

judicial system where the court is neutral and where two parties argue their differences
-U.S courts

141
Q

justiciable dispute

A

a dispute involving a real issue that can be settled by a court

142
Q

jurisdiction

A

having authority over something

143
Q

Three LEvels of Federal Courts:
1) District Courts

A

hear the original trials
-94 district courts
-have original jurisdiction
-US attorney in each state serves as the governments lawyer when needed
(only goes to the next court if someone appeals the courts decision)

144
Q

Three Levels of Federal Courts:
2) Circut Courts or Court of Appeals

A

only can review the process that district courts used to make their decision (don’t have the facts but can evaluate the decision)
-13 courts of appeals
-reviews the cases appealed from district courts
-have appellate jurisdiction

145
Q

The Levels of Federal Courts:
3) Supreme Court

A

makes the final decision
- selects which cases to hear
-has both original and appellate jurisdiction
Original: in cases between two states, federal gov and a state or state and a foreign country
Appellate: mainly has this jurisdiction, ans its determined by congress

146
Q

solicitor general

A

third-ranking member of the Department of Justice and represents the US in cases before the supreme court

147
Q

public defender system

A

people accused of crimes have the right to an attorney if they cant afford one
- from Gideon v. Wainwright

148
Q

Original Jurisdiction

A

authority of the court to be the first to hear a case

149
Q

Appellate Jurisdiction

A

the authority to review decisions made in the lower courts

150
Q

court of appeals

A

court with appellate jurisdiction

151
Q

precedent

A

decided a case that it is a base for determining future laws concerning a same/ similar issue

152
Q

litigant

A

person involve in the lawsuit (civil?)

153
Q

How do judges get hired*?

A

appointed by presidents, approved by the senate

154
Q

What is the main factor presidents look at when appointing judges?

A

if they would rule the way the president wants them to
-same party/ ideology as the president

155
Q

senatorial courtesy

A

senators in the states in a district have a significant influence on appointing judges
-what the confirmation of district judges is based on

156
Q

Judicial Philosophies:
1) Judicial Restraint

A

stay out of as many political issues as possible
-opposite of judicial activism

157
Q

Judicial Philosophies:
2) Judicial Activism

A

use their power as much as possible
-opposite of judicial restraint

158
Q

Judicial Philosophies:
3) Loose Construction

A

interpretation by underlying meanings/ principals in the constitution
-opposite of strict construction

159
Q

Judicial Philosophies:
4) Strict Construction

A

interpretation from exact words in the constitution
-opposite of loose construction

160
Q

Judicial Philosophies:
5) Originalism

A

interpret the Constitution as it was originally made
-based on the framer’s intent
-opposite of living constitution

161
Q

Judicial Philosophies:
6) Living Constitution

A

the constitution should evolve and change with society
-opposite of Originalism

162
Q

writ of certiorari

A

used to bring a case before the supreme court

163
Q

rule of four

A

requires 4 judges to hear a case

164
Q

“in forma paupers”

A

a petition that allows a party to file “ as a pauper” to avoid paying court fees

165
Q

docket

A

a list of potentioal cases for the Supreme court to hear

166
Q

“amicus curiae”

A
  • literally means “friend of the court”
    brief filed by an individual or organization outside of the court to present arguments in addition to the parties
167
Q

opinion of the court

A

the final decision/ ruling
-majority opinion

168
Q

dissenting opinion

A

disagrees with a ruling
-minority opinion

169
Q

concurring opinion

A

agrees with the ruling of the supreme court, but disagrees with the reasoning

170
Q

Who writes the majority opinion?

A

if the majority wins: chief justice gets to pick who writes the majority opinion
if the minority wins: the most senior member gets to pick who writes the opinion

171
Q

How the president checks/ limits the court

A
  • chooses and appoints judges
    -chooses whether or not to enforce the courts rulinmg
172
Q

How congress checks/ limits the court

A

-confirms judges (senate)
- impeaches/ removes supreme court justices
-can change the number of judges “packing the court”

173
Q

How the public checks/ limits the court

A

-fear of losing legitimacy
if legitimacy is lost, other branches will ignore the courts and they will lose their power
-opinion in realigning eras may energize courts
-Interest groups can check by lobbying, funding, or using the media

174
Q

legitimacy

A

credibility (kinda)

175
Q

Supreme court decisions can be undone by.. (4)

A
  • revising legislation
    -amending the constitution
    -altering jurisdiction
    -restricting court rulings
176
Q

“stare decisis”

A

-literally means “let the decision stand”
-judges are obligated to respect precedents established by prior decisions

177
Q

Formal powers of the president

A
178
Q

Informal powers of the president

A