Midterm 2 Flashcards
(195 cards)
0
Q
Type of representative
Legislators simply reflect the views of their constituents
A
Delegate
1
Q
A draft of a proposed law
A
Bill
2
Q
A delegate does what constituents want regardless of what?
A
Regardless of the legislators own beliefs about what policies would best serve our country
3
Q
Resident of the district or state represented by a member of the house or senate.
A
Constituent
4
Q
Type of representation
Legislators that exercise judgements independent of their constituents’ views
A
Trustees
5
Q
Bicameral Legislature
A
2 separate chambers
House of Reps & The Senate
6
Q
How many senators does each state have?
A
2 senators
7
Q
Each state gets a certain amount of House members according to what?
A
State population measured by the US Census
8
Q
Currently, how many members of the house are there? & Each member represents about how many people?
A
435.
Each member represents 700,000 ppl
9
Q
The Constitution gives the House Of Reps what one special lawmaking power?
A
Only it can originate bills for raising revenue
10
Q
House of Representatives
“Sole Power of Impeachment”
A
A majority of the house may charge any executive or judicial officer with an offense serious enough to merit removal from office.
11
Q
Senate
“Sole Power to Try all Impeachments”
A
If it convicts an individual by 2/3 vote, the person is immediately removed from office.
12
Q
Members if The House & Senate are not subject to removal by the Impeachment process because?
A
They are not considered “officers of the United States”
13
Q
To remove a House or Senate member…
A
Called “Expelling a member” and 2/3rds vote is necessary
14
Q
The constitution gives The Senate 2 important responsibilities denied to the House
A
Senate can approve treaties (by 2/3 vote)
Confirm presidential nominations to the judiciary and high executive offices (by majority vote)
15
Q
Checks & Balances
Legislative over Executive
A
Must confirm all presidential nominations
Controls the budget
Can impeach president
16
Q
Checks & Balances
Executive over Legislative
A
President can veto congressional legislation
17
Q
Checks & Balances
Legislative over Judicial
A
Senate must confirm presidential nominations of federal judge
Congress can impeach judges and remove them from office
18
Q
Checks & Balances
Judicial over Legislative
A
The Court can declare laws unconstitutional
19
Q
Checks & Balances
Judicial over Executive
A
The Court can declare presidential acts unconstitutional
20
Q
Checks & Balances
Executive over Judicial
A
The president nominates judges
21
Q
When at least one house of Congress does not have the majority from the president’s party
A
Divided government
22
Q
The chief officer of the House of Reoresentatives
A
Speaker of the House
23
Q
Majority Leader in the Senate
A
Highest ranking member of the majority, right under the Speaker.
Runs the chamber’s day to day business
24
Minority Leader
| In the Senate & the House
Speaks for the minority in public forums
25
Parliamentarian
A staff expert on the rules in the House & the Senate
26
President pro tempore
Honorary position that goes to the longest serving member of the majority party
27
When senators keep speaking or debating to prevent final action on a bill
Filibuster
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Party leader whose job is to:
Count likely votes on measures
Maintain communication between party leaders and members
Gather support for party positions on the floor
Whip
29
Groups of legislators in the House & Senate that deliberate on bills or other measures & make recommendations to the full body
Committees
30
Permanent bodies that evaluate legislative proposals within their jurisdictions
Standing committee
31
Standing committees often divide their work among ????????????
They handle very specific areas of policy and legislation
Subcommittees
32
Select (or Special) Committee
Permanent or temporary
Set up to mount an investigation or handle a particular issue
33
Joint committees
With members from both the House & the Senate
Carry out studies or administrative tasks
34
Conference Committee
Temporary joint committee that settles differences between Senate & House versions of a bill
35
Refers to continuous service in either the House or the Senate on a committee
Seniority
36
Legislative Hearings
Address specific measures before the committee
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Oversight Hearings
Focus on how executives agencies are carrying out programs
identify problems that may require further legislation
38
Investigative Hearings
Often look into Scandals and disaster
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Confirmation Hearings
Enable Senate committees to check out the president's nominees for key posts
40
Any session of Congress that occurs after a national election & before the new congress has convened
Lame Duck Session
41
Companion Bill
A measure in one house that is similar or identical to a bill in the other
42
A resolution passed by both the house and senate. Similar to a bill but if wins 2/3 votes it skips president & goes directly to States
Joint Resolutions
43
Concurrent Resolution
Resolution passed by both the House & the Senate that expresses the sentiment of congress
44
Simple resolution
Resolution passed by either House OR Senate that usually address a matter only affecting one house
45
The practice where the parliamentarian of the House or Senate sends a bill to a committee for consideration
Referral
46
When one bill is sent to 2 or more committees for consideration
Multiple referral
47
Markup Session
Where members go through the bill line by line & propose amendments or changes
48
Open Rules
Rule governing debate in house of Reps that allow any amendments to be considered
49
Closed Rules
Rule of governing debate in House of Reps that prohibits/forbids all amendments
50
An informal practice in the senate that allows a member to request the leader to hold up action
A Hold
51
An agreement negotiated in the Senate before floor debate begins, to specify terms of debate
Unanimous Consent Agreement
52
Cloture
Procedure used by the Senate to place a debate time limit on a bill to overcome filibusters.
Requires approval from 3/5 of the full senate (60 votes)
53
How can congress override a veto?
By 2/3 vote of both houses
54
What is a rider?
Legislative measure attached to a bill that often has little substantive relation to it
55
When a president refuses to sign a bill within 10 days of congress passing it
Cannot be overridden
Pocket Veto
56
Roll Call Votes
The recorded votes on major amendments or final passage of bills (electronically in the House, by voice in the Senate)
57
Congressional review of the activities of federal agencies and programs
Oversight
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A speech that members of House of Reps can give before or after each days formal session to call attention to some matter
Special Order Speech
59
Efforts undertaken by members of congress to assist constituents, such as intervening with the bureaucracy and bringing home federal projects
Constituency Service
60
Casework
Assistance to constituents in their dealings with federal agencies
61
When two or more legislators trade votes for each other's proposal or exchange other legislative favors
Logrolling
62
Derogatory term for projects that benefit specific localities without serving the national interest
Pork Barrel
63
Earmark
Provision of a spending bill setting aside funds for a specific purpose/projects in a district or state
64
Allows members of Congress to send mail to their constituents without paying for the postage
Franking Privilege
65
Congressional Research Service (CRS)
Supplies nonpartisan analysis on legislative issues.
66
Congressional Budget Office
Produces cost estimates and budget & economic projections that inform decisions about spending and taxes
67
Government Accountabilty Office
Congress's investigative agency.
Evaluates federal programs, audits federal expenditures, & issues legal opinions
68
Under the Constitution, who chose House members & who chose Senators?
Voters chose House members, state legislatures chose senators
69
To promote independence from congress, the framers denied the legislature what?
Denied them any part in selecting the president & prohibited them from altering the president's salary
70
The name given to the violent resistance of farmers in western Pennsylvania in 1792 to a new federal tax on distilled spirits
Whiskey Rebellion
71
Executive Prerogative
The doctrine that an executive (president) may sometimes have to violate the law to preserve the nation
72
President known as "man of the people"
Attacked national banks
Andrew Jackson
73
Andrew Jackson was the first president to do what?
Use official messages to speak directly to the people over the heads of congress
Labeled himself as "the direct representative of the American ppl"
74
In 1832, which state almost started a civil war by nullifying a federal law & almost seceding?
South Carolina
75
How many states had already seceded by the time Lincoln took oath of office in 1861?
7
76
How did Theodore Roosevelt become president?
President William McKinley was assassinated in 1901 so Roosevelt (VP) at the time moved up in ranking
77
What did Roosevelt do as a president? (3 things)
Attacked power of large corporations
Promoted federal regulation of the railroad industry
Set aside large tracts
78
Dangerous popular leader who appeals to base emotions of the people or flatters them to gain power
Demagogue
79
An address delivered by the president to a joint session of congress each January
State of the Union Address
80
Bully Pulpit
Roosevelt's phrase to describe the rhetorical dimensions of the presidential office
81
The only president to earn a PHD (professor & president at Princeton)
Woodrow Wilson
82
Wilson worked to make the presidential office.......
The center of national policy making
83
This president called for US entry into WW1
Also, he traveled to France to negotiate the treaty of Versailles
Woodrow Wilson
84
Ran for presidency 4 times
Led the nation through the Great Depression & WW2
Franklin D. Roosevelt
85
The New Deal (FDR)
New federal initiatives that expanded federal authority over the economy & made federal govt directly responsible for the well being of Americans
86
Who conducted the long controversial Vietnam war? (1960's)
Lyndon B. Johnson & Richard Nixon
87
What event led to the resignation of Nixon?
The watergate scandal
88
Which president promised to launch "an era of national renewal" by returning power to the states and localities?
Ronald Reagan
89
Many referred to Reagan as what due to his rhetorical leadership
The Great Communicator
90
EOP- formal staff structure of the White House
Executive Office of the President
91
Chief of Staff
President's highest ranking aide.
Supervises White House employes, oversees president's schedule
92
Collective name for the presidents' formal advisors including VP & the heads of the 15 executive departments
Cabinet
93
Title given to the heads of executive departments
Secretary
94
Agency within the EOP that reviews budget requests, legislative initiatives, & proposed rules and regulations
Office of Management & Budget (OMB)
95
National Security Council (NSC)
Forum for deliberating about national security & foreign policy
96
The tendency for members of policy making groups to go along with the prevailing view & mute their own misgivings
Groupthink
97
Institutional Loyalty
Officials want their own branch to have the upper hand
98
Partisanship
Politicians tend to back presidents of their own party
99
A formal statement issued by the president to the nation; often to declare ceremonial occasions
Proclamation
100
Official documents having the force of law, through which the president directs federal officials to take certain actions
Executive Orders
101
Which president introduced the term "affirmative action"?
Kennedy
102
Presidents may also make policies through what documents?
Directives, memoranda, or determinations
103
Signing statement
When a president is signing a bill, explaining their own interpretation of the measure & telling officials how to carry it out
104
A power possessed by many American governors to veto a particular item of a bill rather than vetoing the entire bill
Line-item Veto
105
Recess Appointment
A temporary appointment that a president can make when the senate is in recess.
Can last up to 2 years
106
Impoundment
Presidential refusal to spend funds that congress has appropriated
Limited by congress in 1974
107
Executive Agreement
An agreement reach between the president of the US & a foreign nation on matters that do not require treaties
108
When presidents make on their own authority & do not bind congress or future presidents
Sole-executive agreements
109
Approved by both the president & congress and deal with matters typically decided by congress such as international trade
Congressional-executive agreements
110
Joint resolution passed by congress in 1964 that authorized president Lyndon Johnson to use armed forces to assist south Vietnam
Gulf of Tonkin Resolution
111
Agreement between the warring parties to end the fighting in Vietnam in 1973
Paris Peace Accords
112
How was the Paris Peace Accords violated?
North Vietnam invaded the south with its regular army early in 1975
113
Passed over president Nixon's veto, it prohibited the executive branch from aiding anti-communist forces in Angola & Nicaragua
War Powers Resolution (war powers act)
114
What were the key provisions of the War Powers Resolution? (4)
Definition of the president's powers
Consultation with congress
Reporting to congress
Withdrawing troops
115
Joint resolution passed by congress in September 2001 that authorized the president to use all necessary & appropriate force against those responsible for the attacks of September 11th.
Authorization for use of Military Force
116
Doctrine stating that the president may sometimes legitimately refuse to provide executive branch information to congress
Executive Privilege
117
The most major executive privilege ruling
US v. Nixon
118
Impeachment
Formal accusation by the House of Reps that an officer of the US has committed treason, bribery, or other high crimes. Needs 2/3 vote
119
Phenomenon that often occurs during crises when Americans tend to rally around the commander in chief
Rally Effect
120
Arthur Schlesinger
Schlesinger Survey
Liberal scholars rank the presidents
Tended to prefer democratic presidents
121
ISI survey
Intercollegiate Studies Institute
Group of college students & faculty devoted to promoting values of a free society
Polled a more conservative group
122
The power if courts to strike down laws that they judge to be in violation of the federal or state constitutions
Judicial review
123
Dred Scott v. Sandford
Congress could not prohibit slavery in the federal territories
124
Brown v. Board of Education
Segregated public schools violate the Equal Protection Clause of the 14th amendment
125
Roe v. Wade
Overturning of state abortion restrictions in 1973
126
The charge that under the guise of interpreting the constitution, external judges read their own policy preferences into the fundamental law
Judicial activism
127
Method of interpreting the constitution that claims to follow closely the actual words as originally written
Strict Constitution
128
Doctrine that judges should interpret the constitution based on the original intent of those who wrote & ratified it
Original Intent
129
Doctrine that judges should interpret the constitution based on how it was understood by those who wrote & ratified it.
Original meaning
130
The notion that the meaning of the constitution changes, or evolves, over time to meet changing circumstances or norms
Evolving (Living) Constitution
131
Article 2 stipulates what?
That the president will appoint all federal judges "by & with the Advice and Consent of the Senate"
132
Original jurisdiction
The parties can go directly to the Supreme Court
| Cases affecting ambassadors & other public ministers
133
Appellate jurisdiction
The parties must first go to a lower court to review a decision.
134
Judiciary Act of 1789
The law passed by the First congress that created a three-tiered federal court structure
135
United States District Courts
Bottom of the 3-tiered structure
The basic trial courts (civil & criminal)
1 federal judge in each state except for Mass. & Virg. who had 2
136
United States Courts of Appeal (Circuit Court)
The federal courts intermediary between the district courts & the Supreme Court.
1 for each of 12 regions of the country
1 for the federal circuit which handles specialized cases
137
District courts had jurisdiction over what?
Minor federal crimes & many civil matters (conflict between private parties)
138
Circuit courts handled what?
More serious crimes than district courts.
Could review decisions by the district courts
139
State courts controlled what?
Would hear "federal question" suits in which the constitution, federal law, or treaties were at issue
140
Appointments to the federal judiciary that president john Adams & the lame duck federalist congress made in the final months & weeks of Adams 1 term as president
Midnight Appointments
141
Who was nominated to serve as a justice of the peace in the District of Columbia
William Marbury
142
A judicial command to a public official mandating them to do his or her duty
Writ of Mandamus
143
Marshall v. Marbury outcome
Marbury had a right to his office but the court had no authority to order Secretary of State Madison to deliver the commission
144
First landmark decision of the Marshall Court
Marbury v. Madison case
145
Headed the Supreme Court from 1801-1835 & became known as "The Great Chief Justice"
John Marshall
146
What case reignited the debate over the supreme courts authority?
The dred-Scott case (Lincoln-Douglas debates)
147
Civil cases
One individual sues another person or an organization because of some alleged harm, such as violation of contracts or libel
148
Criminal Cases
The government prosecutes an individual for violating a criminal statutes such as law against violence, theft, corporate fraud, or drug trafficking
149
United States Attorney
The chief federal prosecutor in each of the 94 judicial districts, nominated by the president & confirmed by the senate
150
The person sued in a civil case or charged with a crime in a criminal case
Defendant
151
The person who initiates a civil case by suing another individual, organization, or the government
Plaintiff
152
The plaintiff must prove his or her case by a what?
Preponderance of the Evidence; meaning that the weight of the evidence supports the plaintiff's case
153
In criminal cases, they must prove the defendant is what?
Guilty "Beyond a Reasonable Doubt"
154
Appellant
Party who appeals a case from a lower court seeking reversal of the decision
155
A document written for an appellate court that gives legal arguments for overturning or sustaining a court decision
Brief
156
Appellee
The party who won in the trial court, must file a brief in response defending the decision of the court
157
Arguments made in person before an appellate court panel of 3.
Last stage in court decision if reached
Oral Arguments
158
How many members does the Supreme Court have?
9 members
159
Chief Justice
The head of the US Supreme Court & administrative head of the US court system
160
Request by the losing side of a case decided by a federal appeals court or state Supreme Court to have them review and overturn the decision
Writ of Certiorari
161
The practice of the Supreme Court that it will hear a case if at least four justices agree to do so
Rule of Four
162
Amicus Cuirae Brief
Latin for "friend of the court" brief submitted by an individual or organization that has an interest in the outcome of the case
163
The official in he Department of Justice who represents the federal government in all matters before the Supreme Court
Solicitor General
164
In a Supreme Court case, the opinion that explains & justifies the holding of the majority
Opinion of the Court
165
An opinion written by a Justice in the minority explaining why he or she disagrees with the majority
Dissenting opinion
166
Opinion written by a Justice who agrees with the holding of the majority
Concurring opinion
167
Law clerks
Usually a recent top graduate of a prestigious law school who works for a year assisting a justice with legal research
168
When a majority of justices cannot agree on a single opinion
Plurality Opinion
169
Prior court decisions on similar matters
Precedents
170
Case Law
The body of authoritative prior court decisions
171
An opinion by a court giving it's advice or interpretation on a legal matter outside of a specific case or controversy
Advisory Opinion
172
The part must have suffered a real injury to sue
Standing
173
The doctrine that courts will not hear cases brought prematurely; before the dispute is well developed and ready
Ripeness
174
The doctrine that the courts will not decide a case if the dispute has been resolved or rendered irrelevant by subsequent events
Mootness
175
The doctrine that the courts should not decide issues the constitution has given over the discretion if the congress or the president
Political questions
176
Dartmouth College v. Woodward
The court prevented the New Hampshire state legislature from changing the charter issued by king George III that created Dartmouth
177
United States v. Cruikshank
Court ruled that the federal government had no authority to prosecute several white men in NOLA for contributing to the massacre of over 100 blacks
178
The Slaughterhouse cases
1873, 14th amendment
179
Civil rights cases of 1883
The court reaffirmed that the guarantees of the 14th amendment did not apply to private discrimination
180
Plessy v. Ferguson
The court endorsed the doctrine of "separate but equal" by ruling that the 14th amendment did not prohibit states from segregating the races
181
Lochner v. New York
NY could not prevent certain employers from requiring more than 60 hours of work per week
182
The period from 1905-1937 when the Supreme Court overturned many state & federal laws for interfering with the free market economy
The Lochner era
183
The common name for president Franklin Roosevelt's proposal to increase the size of the supreme by up to 6 additional members
Court-packing plan
184
Marshall Court
Supreme Court under the leadership of Chief Justice John Marshall from 1801-1835.
185
Warren Court
The Supreme Court under the leadership of Chief Justice Earl Warren from 1953-1969.
Famous for its rulings expanding rights
186
Refers to the power of courts to issue injunctions or decrees to achieve a just outcome in a particular case
Equity Power
187
A lawsuit in which one or a few individuals are certified by the court as representing many others in a similar situation & in which the resulting remedies apply to the entire class
Class Action
188
Bush v. Gore
Resulted in Texas governor George bush winning Florida's 25 electoral votes and the presidency
189
Who published 7 essays on the dangers of the new federal judiciary under the pseudonym "Brutus"
New York judge, Robert Yates
190
The theory that in interpreting the constitution judges should look to how it was understood by this who wrote & ratified it
Originalism
191
One of the court's fiercest critics of the originalist approach
Associate Justice William J. Brennan
192
The court's foremost proponent of interpreting the constitution as it was understood by those who wrote it
Associate Justice Antonin Scalia
193
The doctrine that judges should exercise restraint in the kinds of cases they decide, deferring to the political branches on most matters
Judicial self restraint
194
Stare Decisis
Latin for "let the decision stand"
Calls for judges to look to past precedents as a guide whenever possible
