Term
| Identify the three functions of courts in the United States |
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Definition
1. Resolve Civil disputes
(In civil cases of less than $7500, judge tries case. No jury of peers)
2. Arena for judgements on crimes
(Judge is the referee)
3. Policy making institutions
(Judges can make rulings ending in policy) |
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Term
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Definition
| Permits judges to invalidate actions by other governmental actors, including striking down statutes enacted by Congreess, by declaring that those actions violate the Constitution. Judges can also invalidate actions by the president or other executive branch officials by declaring that those actions violate the Constitution. |
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Term
| What need is there for judicial review? |
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Definition
| To prevent Congress from enacting legislation that violates the Constitution. |
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Term
| What are the potential dangers of judicial review? |
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Definition
| One potential problem with judicial review is the possibility of elevating the judicial branch above the other branches thereby distupting the balance of powers. |
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Term
| Why did Hamilton believe the judiciary would be the least dangerous branch? |
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Definition
| It lacked the power of the purse or sword that the other branches could due to shape policy and spur people to follow their decisions. |
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Term
| Hamilton's assertion that the judiciary would be the least dangerous branch right or wrong? |
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Definition
| He merely failed to foresee how the Supreme Court and other courts would assert their power and gain acceptance as legitimate policymaking institutions |
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Term
| Identify the three questions that form the lemon test covering the controversies over the first amendment clause dealing with the establishment of religion> |
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Definition
1. Does the law or practice have a secular (nonreligious) purpose?
2. Does the primary intent or effect of the law either advance or inhibit religion?
3. Does the law or practice create an excessive entanglement of government and religion? |
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Term
| What are the various approaches to representation and which one seems to be in favor today? |
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Definition
1. Delegate Model
2. Politico model
3. Conscience model
4. Trustee model
Modern legislators tend to adhere more to the Delegate Model |
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Term
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Definition
| The legislator should consider the will of the people but then should do what he or she thinks is best for the nation as a whole and in the long term. |
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Term
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Definition
| The legislator should be a trustee and vote how he sees fit until the public gets involved at which point he should return to the delegate model |
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Term
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Definition
The legislator is a delegate most of the time but if an issue keeps her head off the pillow at night she turns into trustee
(pillow test) |
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Term
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Definition
Legisltors must act in the same manner as a whole body would act where they present.
(The job of the legislator is to stick to the will of the people)
(Thomas Paine) |
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Term
| What informal powers does the President have to shape the legislative process? |
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Definition
chief of state
chief legislator (responsible for implementing the will of the legislative branch)
1. veto power
2. recommend measures (such as jobs bills)
3. state of the union.
Appoints \ receives ambassadors. Treaties. Executive agreements. Fast track trade authority. Meet with foreign leaders to forge ties and make formal alliances.
Commander in chief of armed forces, but Congress is charged with declaring wars.
The president is in many ways the chief admininstrator and head beaurocrat:
*1. Appoints leaders of important agencies
2*. Issues executive orders \ proclamations
*3. National Security directives
4. *Presidential decision directives.
The power to persuade
Bully pulpit
Fireside chats
Going public
Great Communicator
620358 \ 51:00 |
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Term
| What formal powers does the Presient have to shape the legislative process. |
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Definition
1. Influence the judiciary by appointing judges to the bench
2. Have a modest say in legislation
3. Conduct foreign policy
4. Commander in Chief |
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Term
| What are the factors that make it difficult to pass a budget in California? |
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Definition
2/3 are necessary to pass State budget
2010 simple majority
Proposition 140 term limits on legislators
If unpopular measures are to be taken legislators prefer to have a supermajority in favor of budget to avoid finger pointing and blame.
Third house - lobbyists
Jan 10 - June 15 |
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Term
| What is a progressive tax? |
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Definition
A tax structured such that higher income individuals pay a larger percentage of their income in taxes.
(example: the federal income tax is a progressive tax) |
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Term
What is a regressive tax?
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Definition
A tax structured such that higher income individuals pay a lower percentage of their income in taxes.
(example Social Security tax is a regressive tax) |
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Term
| What are the three main areas of revenue for the United States Government? |
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Definition
1. Individual income
2. Payroll tax
3. Corporate tax |
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Term
What are the three main areas of expenditures for the United States Government?
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Definition
1. Social Security
2. Defense
3. Income security |
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