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Midterm
political science midterm
131
Political Studies
Undergraduate 2
03/14/2012

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Term
articles of confederation
Definition
america's first written constitution. adopted by the continental congress in 1777, the articles of confederation and perpetual union was the formal basis for America's national government.
Term
virginia plan
Definition
a framework for the constitution introduced by edmund randolph which called for representation in the national legislature based on population of each state
Term
new jersey plan
Definition
a framework for the constitution, introduced by William Peterson, which alled for equal representation in the national legislature regardless of a state's population
Term
great compromise
Definition
agreement reached at the Constitutional convention of 1787 that gave each state an equal number of senators regardless of its population but linked representation in the house of representatives to the population
Term
three fifths compromise
Definition
agreement reached at the constitutional convention of 1787 that stipulated that fo purposes of appointment of congressional seats, every slave would be counted as three-fifths of a person
Term
bicameralism
Definition
division of a legislative body into two houses, chambers or branches
Term
expressed power
Definition
the notion that the constitution grants to the federal government only those powers specifically named in its text
Term
necessary and proper clause
Definition
article I, section 8 of the constitution which enumerates the powers of congress and provides congress with the authority to make all laws "necessary and proper" to carry them out; also referred to as the "elastic clause"
Term
judicial review
Definition
power of the courts to declare actions of the legislative and executie branches invalid or unconstitutional. The supreme court asserted this power in marbury v. madison
Term
supremacy clause
Definition
article VI of the constitution, which states that all laws passed by the national government and all treaties are the supreme laws of the land and superior to all laws adopted by any state or any subdivision.
Term
separation of powers
Definition
the division of governmental power among several institutions that must cooperate in decision making
Term
federalism
Definition
system of government in which power is divided by a constitution between a central government and regional governments.
Term
bill of rights
Definition
the first ten amendments to the US constitution. they ensure certain rights and liberties of the people
Term
checks and balances
Definition
mechanism through with each branch of government is able to participate in and influence the activities of the other branches Major examples include the presidential veto power over congressional legislation,the power of the senate to approve presidential appointments, and judicial review of congressional enactments.
Term
federalists
Definition
those who favored a strong national government and supported the constitution proposed at the american constitutional convention of 1787.
Term
antifederalists
Definition
those who favored strong state governments and a weak national government and who were opponents of the constitution proposed at the American constitutional convention of 1787.
Term
federalism
Definition
system of government in which power is divided by a constitution between a central government and regional government
Term
expressed powers (congress)
Definition
specific powers granted to the federal government under article I section 8 of the constitution
Term
implied powers
Definition
powers derived from the necessary and proper clause of article I section 8 of the constitution. such powers are not specifically expressed but are implied through the expansive interpretation of delegated powers
Term
necessary and proper clause
Definition
provides congress with the authority to make all laws "necessary and proper" to carry out its expressed powers
Term
reserved powers
Definition
powers that are not specifically delegated to the national government or denied to the states
Term
police power
Definition
power reserved to the state to regulate the health, safety and morals of its citizens
Term
concurrent powers
Definition
authority possessed by both state ad national governments, such as the power to levy taxes.
Term
ful faith and credit clause
Definition
each state must accord the same respect to the laws and judicial decisions of other states that it accords to its own
Term
priveleges and immunities clause
Definition
a state cannot discriminate against someone from another state or give its own residents special privileges
Term
home rule
Definition
power delegated by the state to a local unit of government to manage its own affairs
Term
dual federalism
Definition
the system of government that prevailed in the US from 1789 to 1927 in which most fundamental governmental powers were shared between the federal and state governments, with the states exercising the most important powers
Term
commerce clause
Definition
congress has power to regulate commerce with foreign nations, and among the states. ruled in favor of national power over economy
Term
cooperative federalism
Definition
a type of federalism existing since the new deal era in which grants in aid have been used strategically to encourage states and localities (without commanding them) to pursue nationally defined goals
Term
grant in aid
Definition
a general term for funds given by congress to state an local governments
Term
categorical grant in aid
Definition
a grant by congress to states and localities, given with the condition that expenditures be limited to a problem or group specified by the national government
Term
project grants
Definition
a grant program in which state and local governments submit proposals to federal agencies and for which funding is provided on a competitive basis
Term
formula grant
Definition
a grant in aid in which a formula is used to determine the amount of federal funds a state or local government will receive
Term
regulated federalism
Definition
a form of federalism in which congress imposes legislation on the states and localities requiring the to meet national standards
Term
unfunded mandates
Definition
regulations or conditions for receiving grants that impose costs or state and local governments for which they are not reimbursed by the federal government
Term
block grant
Definition
a federal grant in aid that allows states considerable discretion in how the funds should be spent
Term
devolution
Definition
a policy to remove a program from on level of government by delegating it or passing it down to a lower level of government, such as from the national government to the states.
Term
states' rights
Definition
the principle that states should oppose increasing the authority of the national government. this view was most popular before the civil war.
Term
state sovereign immunity
Definition
a legal doctrine that holds that states cannot be sued for violating an act of Congress
Term
separataion of powers
Definition
the division of governmental powers among several institutions that must cooperate in decision making
Term
checks and balances
Definition
mechanisms through which each branch of government is able to participate in and influence the activities of the other branches. Major examples include the presidential veto power over congressional legislation, the power of the Senate to approve presidential appointments, and judicial review of congressional enactments.
Term
legislative supremacy
Definition
the preeminence of congress among the three branches of government as established by the constitution
Term
divided government
Definition
the condition in american government wherein one party controls the presidency while the opposing party controls one or both houses of congress
Term
executive privilege
Definition
the claim that confidential communications between a president and close advisers should not be revealed without the consent of the president
Term
bicameralism
Definition
division of a legislative body into two houses, chambers or branches
Term
constituency
Definition
members of the district from which an official is elected
Term
delegate
Definition
a representative who votes according to the preferences of his or her constituency
Term
trustee
Definition
a representative who votes based on what he or she thinks is best for his or her constituency
Term
agency representation
Definition
the type of representation by which representatives are held accountable to their constituents if they fail to represent them properly
Term
incumbency
Definition
holding a political office for which one is running
Term
casework
Definition
an effort by members of congress to gain the trust and support of constituents by providing them with personal service. one important type of casework consist of helping constituents obtain favorable treatment from the federal bureaucracy
Term
patronage
Definition
the resources available to higher officials, usually opportunities to make partisan appointments to offices and to confer grants, licenses, or special favors to supporters
Term
pork-barrel legislation
Definition
appropriations made by legislative bodies for local projects that are often not needed but that are created so that local representatives can win reelection in their home district
Term
gerrymandering
Definition
apportionment of voters in districts in such a way as to give unfair advantage to one political party
Term
party caucus or party conference
Definition
a normally closed meeting of a political or legislative group to select candidates, plan strategy, or make decisions regarding legislative matters
Term
speaker of the house
Definition
the chief presiding officer of the house of representatives. the speaker is elected at the beginning of every congress on a straight party vote. the speaker is the most important party and house leader, and can influence the legislative agenda, the fate of individual pieces of legislation, and the members' positions within the house.
Term
majority leader
Definition
the elected leader of the party holding a majority in the house of representatives or in the senate. IN the House, the majority leader is subordinate in the party hierarchy to the speaker.
Term
minority leader
Definition
the elected leader of the party holding less than a majority of the seats in the house or senate.
Term
standing committee
Definition
permanent committee with the power to propose and write legislation that covers a particular subject , such as finance or appropriations
Term
seniority
Definition
priority or status ranking given to an individual on the basis of length of continuous service in a committee in congress
Term
closed rule
Definition
provision by the house rules committee limiting or prohibiting the introduction of amendments during debate
Term
open rule
Definition
provision by the house rules committee that permits floor debate and the addition of amendments to a bill
Term
filibuster
Definition
a tactict used by members of the senate to prevent action on legislation they oppose by continuously holding the floor and speaking until the majority backs down. once given the floor, senators have unlimited time to speak and it requires sixty votes to end the filibuster
Term
cloture
Definition
rule allowing a supermajority of the members in a legislative body to set a time limit on debate over a given bill
Term
conference committee
Definition
a joint committee created to work out a compromise on House and Senate versions of a piece of legislation
Term
veto
Definition
the president's constitutional power to turn down acts of congress. a presidential veto may be overridden by a two thirds vote of each house of congress.
Term
pocket veto
Definition
a presidential veto of legislation wherein the president takes no formal action on a bill. if congress adjourns within ten days of passing a bill and the president does not sign it, the bill is considered to be vetoed.
Term
party vote
Definition
a roll call vote in the house or senate in which at least 50 percent of the members of one party take a particular position and are opposed by at least 50 percent of the members of the other party. party votes are rare today, although they were fairly common in the nineteenth century.
Term
role call vote
Definition
a vote in which each legislator's yes or no vote is recorded as the clerk calls the names of the members alphabetically
Term
whip system
Definition
primarily a communications network in each house of congress, whips take polls of membership in order to learn their intentions on specific legislative issues and to assist the majority and minority leaders in various tasks.
Term
logrolling
Definition
a legislative practice whereby reciprocal agreements are made between legislators usually in voting for or against a bill. in contrast to bargaining, parties to logrolling have nothing in common but their desire to exchange support.
Term
oversight
Definition
the effort by congress through hearings, investigations, and other techniques to exercise control over the activities of executive agencies
Term
appropriations
Definition
in statutes the amounts of money approved by congress that each unit or agency of government can spend
Term
executive agreement
Definition
agreement between he president and another country, which has the force of a treaty but does not require the senate's "advice and consent"
Term
impeachment
Definition
charging of a government official with treason, bribery or other high crimes and misdemeanors and bringing him or her before congress to determine guilt.
Term
distributive tendency
Definition
the tendency of congress to spread the benefits of a bill over a wide range of members' districts
Term
expressed powers of the president
Definition
specific powers granted to the president under article II section 2 and 3 of the constitution
Term
delegated powers
Definition
constitutional powers that are assigned to one governmental agency but that are exercised by another agency with the express permission of the first
Term
inherent powers
Definition
powers claimed by a president that are not expressed in the constitution, but are inferred from it
Term
commander in chief
Definition
the position of the president as the commander of the national military and the state national guard units
Term
war powers resolution
Definition
a resolution of congress that the president can send troops into action only by authorization of congress or if american troops are already under attack or serious threat
Term
executive agreement
Definition
an agreement between the president and another country, which has the force of a treaty but does not require the senate's "advice and consent."
Term
executive privilege
Definition
the claim that confidential communications between a president and close advisers should not be revealed without the consent of the president
Term
pocket veto
Definition
a presidential veto of legislation wherein the president takes not formal action on a bill. if congress adjourns within ten days of passing a bill, and the president does not sign it, the bill is considered to be vetoed.
Term
line-item veto
Definition
power that allows a governor or the president to strike out specific provisions of bills that legislature passes. without the line item veto the governor must accept or reject an entire bill. the line item veto is no longer in effect for the president
Term
legislative initiative
Definition
the president's inherent power to bring a legislative agenda before congress
Term
executive order
Definition
a rule or regulation issued by the president that has the effect and formal status of legislation
Term
cabinets
Definition
the secretaries, or chief administrators, of the major departments of the federal government. cabinet secretaries are appointed by the president with the consent of the senate
Term
national security council
Definition
a presidential foreign policy advisory council composed of the president, the vice president, the secretary of state, the secretary of defense, and other officials invited by the president. the NSC has a staff of foreign policy specialists.
Term
permanent campaign
Definition
description of presidential politics in which all presidential actions are taken with reelection in mind
Term
signing statement
Definition
an announcement made by the president when signing bills into law, often presenting the president's interpretation of the law.
Term
bureaucracy
Definition
the complex structure of offices, tasks, rules, and principles of organization that are employed by all large-scale institutions to coordinate the work of their personell
Term
implementation
Definition
the efforts of departements and agencies to translate laws into specific bureaucratic routines
Term
clientele agency
Definition
department or bureau of government whose mission is to promote, serve or represent a particular interest
Term
regulatory agency
Definition
a department, bureau, or independent agency whose primary mission is to impose limits, restrictions, or other obligations on the conduct of individuals or companies in the private sector
Term
administrative legislation
Definition
rules made by regulatory agencies and commissions
Term
federal reserve system
Definition
consisting of twelve federal reserve banks, an agency that facilitates exchanges of cash, checks and credit; it regulates member banks and is uses monetary policies to fight inflation and deflation
Term
bureaucratic drift
Definition
the oft-observed phenomenon of bureaucratic implementation that produces policy more to the liking of the bureaucracy than to the original intention of the legislation that created it, but without triggering a political reaction from elected officials.
Term
oversight
Definition
the effort by congress through hearings, investigations, and other techniques to exercise control over the activities of executive agencies
Term
deregulation
Definition
a policy of reducing or eliminating regulatory restraints in the conduct of individual or private institutions
Term
devolution
Definition
a policy to remove a program from one level of government by delegating it or passing it down to a lower level of government such as from the national government to the states.
Term
privatization
Definition
removing all or part of a program from the public sector to the private sector
Term
criminal law
Definition
the branch of law that deals with disputes or actions involving criminal penalties. it regulates the conduct of individuals, defines crimes, and provides punishment for criminal acts
Term
plaintiff
Definition
the individual or organization that brings a complaint to court
Term
defendant
Definition
the individual of organization against which a complaint is brought in criminal or civil cases
Term
civil law
Definition
a system of jurisprudence, including private law and governmental actions, to settle disputes that do not involve criminal penalties
Term
precedent
Definition
a prior case whose principles are used by judges as the bases for their decisions in a present case
Term
stare decisis
Definition
literally "let the decision stand." a previous decision by a court applies as a precedent in similar cases until that decision is overruled.
Term
public law
Definition
cases in private law, civil law, or criminal law in which one party to the dispute argues that a license is unfair, a law is inequitable or unconstitutional, or an agency has acted unfairly violated a procedure or gone beyond its jurisdiction
Term
trial court
Definition
the frist court to hear a criminal or civil case
Term
court of appeals
Definition
a court that hears the appeals of trial court decisions
Term
supreme court
Definition
the highest court in a particular state or in the US. this court primarily serves an appellate function
Term
jurisdiction
Definition
the authority of a court to consider a case initially. distinguished rom appellate jurisdiction, which is the authority to hear appeals from a lower court's decision
Term
due process
Definition
to proceed according to law and with adequate protection for individual rights
Term
habeus corpus
Definition
a court order demanding that an individual in custody be brought into court and shown the cause for detention. Habeas corpus is guaranteed by the constitution and can be suspended only in cases of rebellion or invasion
Term
chief justice
Definition
justice on the supreme court who presides over the court's public sessions
Term
senatorial courtesy
Definition
the practice whereby the president, before formally nominating a person for a federal judgeship, will seek approval of the nomination from the senators who represent the candidate's own state
Term
judicial review
Definition
power of the courts to declare actions of the legislative and executive branches invalid or unconstitutional. the supreme court asserted this power in marbury v madison
Term
supremacy clause
Definition
article VI , states that laws passed by the national government and all treaties are the supreme laws of the land and superior to all laws adopted by any tate or subdivision
Term
standing
Definition
the right of an individual or organization to initiate a court case
Term
mootness
Definition
a criterion used by courts to screen cases that no longer require resolution
Term
writ of certiorari
Definition
a decision of at least four of the nine supreme court justices to review a decision of a lower court; from the latin "to make more certain."
Term
solicitor general
Definition
the top government lawyer in all cases before the appellate courts to which the government is a party
Term
amicus curiae
Definition
literally "friend of the court"; individuals or groups who are not parties to a lawsuit but who seek to assist the court in reaching a decision by presenting additional briefs
Term
brief
Definition
a written document in which attorneys explain why a court should rule in favor of their client.
Term
oral argument
Definition
oral presentations toa court made by attorneys for both sides in a dispute
Term
opinion
Definition
the written explanation of the supreme court's decision in a particular case
Term
dissenting opinion
Definition
decision written by a justice in the minority in a particular case in which the justice wishes to express his or her reasoning in the case
Term
judicial restraint
Definition
judicial deference to the views of legislature and adherence to strict jurisdictional standards
Term
judicial activism
Definition
proclivity of a court to select cases because of their importance to society rather than adhering to strict legal standards of jurisdiction
Term
class action suit
Definition
a lawsuit in which large numbers of persons with common interests join together under a representative party to bring or defend a lawsuit, such as hundreds of workers together suing a company
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