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The district making up the area from which an official is elected |
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a legislative assembly composed of two chambers, or houses. |
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incumbency/INCUMBENCY ADVANTAGE |
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holding a political office for which one is running
incumbents win re-election at extremely high rates. why? the electoral connection. often do things with re-election in mind. |
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an effort by members of congress to gain the trust and support of constituents by providing personal service. one important type of casework consists of helping constituents obtain favorable treatment from the federal bureaucracy.
services or response to a request by a constituent. acting as a problem solver, its not political. |
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pork-barrel legislation/EARMARKS |
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the appropriations made by legislative bodies for local projects that often are not needed but are created so that local representatives can carry their home district in the next election
aka pork or earmarks. for the district. (like new bridges or roads, new convention center, etc.) helps to win constituency support |
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the chief presiding officer of the House of Representatives. the Speaker is elected at the beginning of every congress on a straight party vote. he or she is the most important party and house leader.
John Boehner (R-OH) leader of the majority party (chosen by party caucus) elected as speaker by full house (along party lines) roles and duties: preside over the house or delegates role to another member of party. refer legislation to committees involves in committee assignments o partys members involved in setting the agenda of house spokesperson for party |
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the elected leader of the party holding a majority of the seats in the House of Representatives or the senate. In the House, the majority leader is subordinate in the party hierarchy to the speaker.
spokesperson for their party and help set legislative agenda and strategy. majority--eric cantor (R-VA) |
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the elected leader of the party holding less than a majority of the seats in the house or senate
also spokespersons for their party and help set legislative agenda and strategy. Dem minority=Nancy Pelosi (D-CA) whip system=relay info both down (convey party goals) and up (vote counting) whip party members into line |
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by convention, most senior majority party member (in senate?) not like the speaker of the house Patrick Leahy (D-VT) |
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in the senate. constitutional president of the senate VP (biden) just shows up to break the votes |
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a permanent legislative committee that considers legislation within its designated subject area; the basis unit of deliberation in the House and Senate.
are a central part of the policy making process. introduced bill is referred to committee with pertinent jurisdiction. are the main type dealing with passing bills. are permanent, separate committee system for house and senate |
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temporary committees to deal with some new problem. Global warming, initially homeland security |
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house and senate. ex: on deficit reduciton. super congress that failed and led to "fiscal cliff" |
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the right and power to decide if a change in policy will be considered rules committee is final gate keeper in house. |
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The capacity to bring proposal before the full legislature. |
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a joint committee created to work out a compromise for House and Senate versions of a piece of legislation |
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the effort by Congress, through hearings, investigations, and other techniques, to exercise control over the activities of executive agencies |
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the priority or status ranking given to an individual on the basis of length of continuous service on a congressional committee |
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the difference between what a principal would like an agent to do and the agent's performance |
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the provision by the House Rules Committee that prohibits the introduction of amendments during debate |
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the provision by the House Rules Committee that permits floor debate and the addition of amendments to a bill |
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a tactic used by members of the Senate to prevent action on legislation they oppose by continuously holding the floor and speaking until the majority back down. Once given the floor, senators have unlimited time to speak, and it requires a cloture vote of 3/5ths of the senate to end a filibuster. |
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a rule allowing a supermajority of the members of a legislative body to set a time limit on debate over a given bill. |
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the tendency of congress to spread the benefits of a policy over a wide range of members districts |
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a roll call vote in the house or senate in which at least 50% of the members of one party take a particular position and are opposed by at least 50% of the members of the other party. party votes are less common today than they were in the 19th century |
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measure how much the party agrees. should be 50-50. high party unity score today cuz high partisianship. |
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votes in which each legislators yes or no vote is recorded |
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a communications network in each house of Congress. Whips poll the members to learn their intentions on specific legislative issues and assist the majority and minority leaders in various tasks |
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a legislative practice wherein reciprocal agreements are made between legislators, usually in voting for or against a bill. in contrast to bargaining, logrolling unites parties that have nothing in common but their desire to exchange support |
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the charging of a governmental official (prez or otherwise) with "treason bribery or other high crimes and misdemeanors" and bringing him or her before congress to determine guilt |
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CONDITIONAL PARTY GOVERNMENT |
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partisianship in congress influences legislative behavior the extent to which it does varies over time is conditional party govt parties are internally homogenous (lots of consensus w/in each party) parties are clearly different from each other (parties polarized from one another) |
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directly looking and lobbying for votes |
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BLACK'S MEDIAN VOTER THEOREM |
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policies in the middle defeat any other alternative. no matter how liberal or conservative, given the choice between the middle and the extreme the middle will always be chosen |
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the power of the president as commander of the national military and the state national guard units (when called into service) |
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a resolution of congress declaring that the president can send troops into action abroad only by authorization of congress or if us troops are already under attack or seriously threatened |
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an agreement between the president and another country that has the force of a treaty but does not require the senate's "advice and consent" |
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the claim that confidential communications between the president and the president's close advisers should not be revealed without the consent of the president |
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the president's constitutional power to turn down acts of congress within 10 days of their passage while congress is in session. a presidential veto may be overridden by a 2/3rds vote of each house of congress |
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a veto that is effected when congress adjourns during the time a president has to approve a bill and the president takes no action of it. |
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the power of the executive to veto specific provisions (lines) of a bill passed by the legislature |
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the presidents inherent power to bring a legislative agenda before congress |
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the rule or regulation issued by the president that have the effect and formal status of legislation |
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the secretaries, or chief administrators, of the major departments of the federal govt. cabinet secretaries are appointed by the president with the consent of the senate |
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national security council |
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(NSC) a presidential foreign policy advisory council composed of the president, the vice president, the secretaries of state, defense, and the treasury, the attorney general, and other officials invited by the president. |
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the analysts and advisers to the president, often given the title "special assistant" |
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an informal group of advisers to whom the president turns for counsel and guidance. members of the official cabinet may or may not also be members of the kitchen cabinet |
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executive office of the president |
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(EOP) the permanent agencies that perform defined management tasks for the president. created in 1939, the EOP includes the Office of Management and Budget, the Council of Economic Advisers, the National Security Council, and other agencies |
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announcement made by the president when a bill is signed into law. |
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the complex structure of offices, tasks, rules, and principles of organization that are employed by all large scale institutions to coordinate the works of their personnel. |
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the efforts of departments and agencies to translate laws into specific bureaucratic routines. |
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a quasi-legislative administrative process that produces regulations by govt agencies |
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administrative adjudication |
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the application of rules and precedents to specific cases to settle disputes with regulated parties |
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a department, bureau, or independent agency whose primary mission is to eliminate or restrict certain behaviors defined as negative in themselves or negative in their consequences |
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administrative legislation |
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rules made by regulatory agencie and commissions |
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(the Fed) consisting of 12 federal reserve districts, the fed facilitates exchanges of cash, checks, and credit, it regulates member banks; and it deploys monetary policies to fight inflation and deflation |
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the oft-observed phenomenon of bureaucratic implementation that produces policy more to the liking of the bureaucracy than faithful to the original intention of the legislation that created it, but without triggering a political reaction from elected officials. |
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the effort by congress through hearings, investigations, and other techniques to exercise control over the activities of executive agencies. |
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"POLICE PATROL" MONITORING |
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congress can actively monitor (oversight) through hearings and investigations by committees. but its time consuming and takes up resources |
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rather than constantly spend resources actively monitoring agencies, congress can wait until someone pulls a fire alarm. those directly affected by agency's actions, like interest groups pull the fire alarm. its more efficient and easy way for congress to keep control |
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the branch of law that deals with disputes or actions involving criminal penalties (as opposed to civil law)
individual violating a statue (law) like tax evasion, breaking environmental law |
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a system of jurisprudence, including private law and governmental actions, for settling disputes that do not involve criminal penalties
disputes between individuals or between individuals and government without violating a statute. ex: not fulfilling a contract |
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prior cases whose principles are used by judges as the bases for their decisions in present cases go off of past cases to make the decisions |
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literally "let the decision stand" the doctrine whereby a previous decision by a court applies as a precedent in similar cases until that decision is overruled
this case can have precedent and can influence future rulings. legal principles set in previous cases should determine court rulings. |
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type of civil law. case involves actions/powers of govt. like constitutional law and administrative law.
cases involving the action of public agencies or officials |
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the first court to hear a criminal or civil case |
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court of appeals/appellate court |
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a court that hears the appeals of trial court decisions |
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the highest court in a particular state or in the US. this court primarily serves an appellate function |
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the domain over which an institution or member of an institution has authority. |
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proceeding according to law and with adequate protection for individual rights |
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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 |
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the justice on the supreme court who presides over the court's public sessions |
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the practice whereby the president, before formally nominating a person for a federal judgeship, finds out whether the senators from the candidate's state support the nomination |
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the 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 in 1803 |
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a clause of Article VI of the constitution that states that all laws passed by the national govt and all treaties are the supreme laws of the land and superior to all laws adopted by any state or any subdivision |
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the right of an individual or an organization to initiate a court case |
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a criterion used by courts to avoid hearing cases that no longer require resolution |
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a formal request by an appellant to have the supreme court review a decisoin of a lower court. certiorari is form a latin word meaning "to make more certain"
"cert" petition to make them hear it. vote on the cert petition. need 4 out of 9 to hear it. if not, just go with the rule of lower court. |
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"friend of the court" an individual or group who is not party to a lawsuit but seeks to assist the court in reaching a decision by presenting an additional brief
other interest groups that can put their say in a case. |
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a written document in which an attorney explains--using case precedents--why the court should rule in favor of his or her client
written by both sides presenting their arguments |
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the stage in supreme court proceedings in which attorneys for both sides appear before the court to present their positions and answer questions posed by the justices
only half an hour for each side |
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the written explanation of the supreme courts decision in a particular case
opinion writing explaining their votes |
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a decision written by a justice who voted with the minority opinion in a particular case, in which the justice fully explains the reasoning behind his or her opinion. |
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the judicial philosophy whose adherents refuse to go beyond the test of the constitution in interpreting its meaning |
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the judicial philosophy that posits that the court should see beyond the text of the constitution or a statute to consider broader societal implications for its decisions |
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the rule that certiorari will be granted only if four justices vote in favor of the petition. |
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a lawsuit in which a large number of persons with common interests join together under a representative party to bring or defend a lawsuit, as when hundreds of workers join together to sue a company |
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lots of conflict on it. president appoints subject to confirmation by senate appointed for life its important cuz of stare decisis |
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why do incumbents in Congress get re-elected at such high rates? That is, what are they doing while in office that contributes to the incumbency advantage? |
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cuz of what they do for the constituents. roll call votes keeping in mind what constituents want claim credit through pork barreling=bringing federal $$ to home district just to claim credit for it get on the right committees for the constituents casework aka favors for constituents |
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how has the amount of partisanship in Congress varied over the 20th century (and through today)? What explains this variation? |
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50s and 60s weak partisanship/"textbook congress" era of week parties and strong committee chairman. 70s and 90s=strong party government why the change? cuz of conditional govt. need to satisfy two things to have a strong party govt 1) homogenous within each party/lots of agreement 2)parties are polarized. in the 50s and 60s these 2 points werent satisfied.
also rewards and punishments more in strong party govt
weak=power in committee chairman and seniority strong=power in party and party loyalty for committee assignments |
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besides using veto power, in what ways can the president influence public policy? |
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executive orders and signing statements
exec orders act as law. telling exec branch to do something that congress may not have passed on its own. Ex: Obama and Guantanamo bay signing statements=sign a bill and attach a statement that says how they will actually implement it |
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explain how the threat of filibusters and vetoes can influence legislation. that is, how can the threat of a filibuster, for instance, influence what policy the Senate passes, even if a filibuster does not actually occur? |
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filibuster needs a cloture to avoid it which is 60 votes. so for senate to pass something controversial they have to invoke cloture and a super majority which both enforce bipartisanship.
vetoes make them change what the bill says so as to avoid a veto and get the bill signed. republican majority will try and appease a democratic president in order to get a bill signed instead of vetoed and starting the process over again. |
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how does a bill become a law? |
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only MCs can introduce legislation. then referred to committees by senate presiding officer or house speaker also go into subcommittees in committees they do mark ups/decide on final version of bill. report out of committee (most bills die in committee) House=get on the calendar/determined by speaker rules committee=final gatekeeper in house. determines open or closed rule then debate and roll call vote
senate=intro, referral all the same as house but not rules committee but UCA (unanimous consent agreement) if not then can filibuster/cloture/then debate and vote for supermajority
must be passed by both chambers till bill is the same then sometimes conference committees (both house and senate) finally to prez to sign or veto |
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what are the differences in the legislative process between the house and senate? |
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senate is more individualistic organization matters less in senate speaker stronger than senate leaders each individual senator has lots of power. house members get power from their position (e.g. which committee they are on or whether they are a committee chair) |
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how do we elect the President? That is, how does the electoral college work? |
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electoral votes for state=# of senators (2) + # of House seats and winner take all for each state but need to win majority of 270 electoral votes out of 538 indirect democracy system and gives clear majority to winner rather than a close popular vote ppl vote for ppl that represent them in voting for in electoral college for the prez. |
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what are the ways the President and congress separately try exert control over the bureaucracy? in what ways are they competing over control of the bureaucracy? |
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like a principal agent relationship. congress (principal)/or prez. delegating to the bureaucracy (agent)
"police patrol" monitoring. congress can actively monitor (oversight) through hearings and investigations by committees "fire alarm" monitoring. congress only steps in when interest groups etc pull the "fire alarm"
President as chief executive. can use signing statements. also appointments being subject to senate is a complication. red tape=rules and regulations that determine actions of lower level bureaucrats to help efficiency and make it routinized |
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why are appointments to the federal judiciary (either supreme court or lower federal courts) oftentimes so conflictual between congress and the president? |
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because of precedent. the court cases they decide on have stare decisis or implications for later cases and laws. determine if constitutional for years to come. |
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how does a case get to the supreme court? |
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starts in district courts (89 of them) if appealed then to court of appeals (11) then appeal to SCOTUS (supreme court of the US) also appellate court
need to vote on writ of certiorari or cert (rule of 4) to be heard in SCOTUS |
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what are some examples of the supreme court acting as a referee between 1) federal vs. state govts 2) congress vs. president |
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can rule on constitutionality of state laws. ex: segregation laws. limit provisions in 23 states. line item veto denied by supreme court cuz it allowed prez to veto certain parts of bill |
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