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main representative constitution |
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strongest of the 3 branches |
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the 4 ways that make our congress unique |
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1. possibility of divided government between parties
2. frequent elections
3. powerful congress
4. upper house has a lot of power (senate) |
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house of rep elections happen every |
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Madison's view on the house and senate |
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house- larger, less refined than senate, more representative of the people, heavily partisan
senate- smaller and more majestic, less partisan, senate checks the house |
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senate elections are held every |
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why was madison's idea of the house and senate different from what we see today? |
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the 17th amendment
direct election of senators |
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how representative is congress? |
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1. Do they look like us (descriptive)- yes in religion, but smarter, richer, older than average amercan
(paine)
2. Do they do a good job?- who is best suited for the job
(madison) |
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delegate model of representation |
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representatives should solely represent the ideas of the people, regardless of his own views
in stride with Paine's ideals |
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elect representatives and once in office trust these representatives to decide what is best
(less concerned with what the people think, more concerned with what they think is best) |
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case work
personal request that people call upon you for help |
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social security check doesn't come in in time
so you tell your rep
they go and hunt down where the money is |
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percentage of time reps and their staff spend on constituencies |
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when a rep's party and district are on different sides of an argument
the party releases the rep from having to vote for the party side, so they can get re-elected by their district |
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wealthy people give money torwards a rep's campaign in exchange that they do a service for them (ex- fix potholes) |
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what is the typical approval rate of congress? |
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below 50%
ie they don't trust congress very much |
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why do people mistrust congress? |
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they don't understand how congress works, it's very complex |
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other leaders of the senate |
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pro-tempore
(temporary president)
longest serving senator, mostly ceremonial |
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when is the VP in the senate? |
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leadership in house vs leadership in senate |
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house = political
senate = ceremonial |
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the majority party has an extra office of leadership that is... |
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who always wins the speaker of the house? |
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where does congress do most of it's research? |
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made up of people from the house or made up of people from the senate (all house or all senate committees)
The true LAW-MAKING committees
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members from both houses
very few- on policies
ex- committee on taxation |
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consolidate a house and senate bill into one bill |
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very temporary don't last long at all
ex- watergate investigation |
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perecent of bills that don't make it past committee |
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where either a committee or sub-committee goes through a bill line by line and marks up the bill/revises it
(this is open to the public) |
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only in the house
decides what rules the bill will hit the floor with
it decides the amount of debate and the amending process for the bill on the house floor |
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can have lots of debate on the house floor
people pushing for the bill are not very happy about this ruling
and the amendments don't have to be relavent to the topic of the bill (non-germane amendments) |
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amendments to a bill that don't really have anything to do with the topic of the bill
reps just trying to get their ideas passed |
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limited debate on the house floor
must be germane amendments (on topic) |
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rules committee is overseen by |
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when a senator talks a bill to death |
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24 hs 15 mins
Strong thurmond |
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how to stop a filibuster
need 60 votes for this |
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president and civil service jobs |
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staff is hired based on merit (pres doesn't pick them)
head of departments are picked by the pres |
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President's informal resources |
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1. Perception of pres (does he seem powerful, respected?)
2. president's political assests (does his party like him)
3. personal skills (good at negotiating? can connect with people?) |
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1. head of state- symbolic/ceremonial role
2. head of gov- more domestic role, daily activities as pres |
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1. military power- commander and chief of armed forces
2. Judicial powers- can pardon and reprieve
3. diplomatic power- pres has power to recieve ambassadors and other foreign ministers (used to acknowledge countries) AND can sign executive agreements |
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head of government powers |
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1. executive power
2. military power
3. legislative power |
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executive power
of the head of government |
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has power to make sure laws are faithfully executed (appoints executive officers and federal judges)
the cabinet and department heads
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military power
of the head of government |
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military power- has power to protect every state against invasion and internal/domestic violence (chooses wether to send troops into a state if a state requests them)
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legislative power
of the head of government |
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1) state of the union
2) veto power- president can veto or pocket bills |
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Washington's contribution to the presidency |
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-presidential cabinet
-legislative leader
-cooperative relationship with congress
-foreign policy |
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-wanted to limit power of national gov
-louisiana purchase (all his doing)
-successful as a party leader
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andrew jackson as president |
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-representative of the people
-wanted all the power, wanted to take power from congress
-created the democratic party of the democratic republican party |
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-expansion of presidential power
-was more free with money, didn't really get permission from congress
-suspends habeous corpus
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examples of how lincoln expanded |
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suspended habeas corpus
closes the mail to treasonous mail
went over congress
(did this to save the union)
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Teddy Roosevelt presidency |
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-uses emerging tech to gain support
-bully pulpit
-uses nat gov to regulate economy
-uses every tool that constitution allows him |
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-bold,activist president
-brings back the state of the union as a speach
- |
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-1930
-emphasis is that the executive branch is dominant
-institutionalized presidency
-Executive office of the president EOP
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EOP
executive office of the president
definition |
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came about from the brown low report during the new deal
the president needed help
it centralized the presidents power of the executive branch |
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when pres gets up and lays it all out and says how everything is going to work
(his attempt to show that he is a true leader) |
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where you find the white house staff/office
hundreds in it
depicted as a wagon wheel |
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Johnson and Nixon
want to be very powerful, but doesn't work out that way |
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Ford and Carter
non anything
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when a president is elected and other members of his party are put in congress because the president has public support
(those put in office are called coattails) |
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when your opinion of the president increase when there is a rallyng event
-best rally= 911
more likely to approve a president during a rally effect |
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when supreme court had to go around to the distict courts |
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when did SC job become a better one |
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1890- a SC chief justice was almost killed in a small court
Courts of Appeal is created |
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congress creates it
allows cases to go to appeals courts and then to supreme court |
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what power does congress have over the judicial branch? |
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it creates the lower courts |
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congress creates the federal district courts
makes a distinction between pellet and original jurisdiction |
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has to go through lower courts and appeals courts before going to the supreme court |
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how long are federal justice's terms? |
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lifetime tenure
forever on it unless impeached by congress |
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fed 78 by (blank) is most famous fed paper on (blank) |
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hamilton on judicial branch |
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if a lesser law conflicts with the constitution, the constitution always wins and prevails |
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judicial review is used the most on what level |
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how to get a case to the federal court |
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- have to have broken a civil or criminal federal law
-or if you decide to sue the federal gov
-a case between 2 people from different states (involving $75000+) |
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how to get to the supreme court |
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-has to be a federal issue
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SC power over it's docate |
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1975
rule of 4- 4 SC justices have to agree to hear it |
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SC normally choose (blank %) of cases that come its way |
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1%
typically only pick cases that the lower courts can't decide on |
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the lawyer for the federal gov/US in case someone sues the federal gov
3rd ranking guy in the justice system |
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a document that the solicitor gneral writes up on how the fed gov stands on the particular issue |
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2 types of interpretation by courts |
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1) statutory interpretation- when the court decides what the bills/laws mean. look into history of law
2) constitutional interpretation- judicial review, the court decides what the constitution is saying |
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1. no self start in SC- have to wait until a case comes to them
2. must be a controversy- no hypothetical cases
3. issue must be right and not moot (cases have a time limit)
4. must be justicable- has to be a legal issue, no political issues |
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restraints on what court can hear based on |
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1) starting sticisas- means let the decision stand. court tends to build on precedent don't like to overturn itself
2) has limited remedies- can only approve or disapprove of a situation can't really inforce it
3) affected by the pres and congress |
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how SC is affected/dependent on the pres and congress |
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-has to have pres and congress enforce their decisions
-pres enforces (sends in troops (BrownvBoard))
-pres power to choose justices
-congress- can change law |
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what makes it hard for pres to get agenda passed? |
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why is article one so detailed? |
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founders thought it would be the most important branch
legislative branch |
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US gov elections are (blank) |
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staggered- so that only one part of the gov is rotated out every election |
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who decides how you get on a committee? |
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loser of the speaker of the house run becomes the |
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organization
count up the votes before a big bill
help to figure out if a bill is in favor or not etc etc |
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where does most law-making happen |
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each party has one and they decide who goes on each committee |
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if you want a bill to pass you want a (blank) rule if you want it to fail you want a (blank) rule |
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closed- support bill
open- don't support bill |
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who initiates impeachments? |
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(blank) of the (blank) must vote against the impeached official to remove them from office |
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assisting people in their district with problems |
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3 reasons why members of congress disagree with each other |
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1. party
2.region
3. socioeconomic background |
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senators usually sit on (blank) committees congressmen sit on (blank) |
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party leadership is chosen by |
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party caucus or conference |
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reduction in funding for elections |
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party polarization has (blank) in past 30 yrs |
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directly sends funds to constituents/states/pet projects |
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3 types of appropriations |
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regular
continuing
supplemental |
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pres highly involved in leg affairs, louisianna purchase without congressional approval |
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known for lots of vetos and establishing veto as pres power |
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know for vigorously expanding pres authority |
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established the presidency as a diplomatic position and pioneered direct communication to public |
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idea that executive branch officials need to be able to advise the pres in private without any publicity |
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an agreement with a foreign country that deosn't require a change in US law, nor need congressional approval |
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2 presidents that have been impeached |
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presidential directives with the force of law |
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pres has (blank) authority over foreign policy compared to domestic affairs |
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first tier of federal courts |
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who decides minor cases and helps the district court judges |
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second tier of federal courts |
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appellate courts
responsible for reviewing decisions rendered by 1st tier courts |
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formal acceptance by the supreme court to review a lower court's decision |
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right of a court to hear a case first, rather than simply review a lower court's decision |
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documents that contain legal arguments of a dispute |
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when supreme court justices gather and discuss cases, then cast preliminary votes |
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opinion that detail alternative rationales for the way the court voted |
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opinion that detail disagreement with the court's dicesion |
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these cases deal with violation of statutes intended to protect health, safety, order, and morality |
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these cases concern violation of the legal righs and/or obligations of one individual to another |
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suits where the plaintiff is a group of individuals with a common injury |
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the requirement that a plaintiff must have suffered an injury to bring a case to court is |
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the (blank) doctrine states that courts should only accept cases where actual harm has already taken place |
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majority of criminal cases are resolved process of |
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law when no legislation is currently on the topic |
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concists of laws enacted by presidents of congress, and define the relationships between individuals and the state |
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the power of the judiciary to interpret and overturn the actions taken by the legislative and executive branches |
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the priniciple that judges must carefully weight the decisissions of predecessors in similar cases, and come to the same decision if the basic elements of the case before them are the same |
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the practice where judges avoid overturning prior decisions unless they are clearly unconstitutional |
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the tendency of judges to give themselves leeway in the adherence to rpior court decisions, and to consider possible outcomes, public opinion, and their own preferences |
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a majority of political scientists adhere to the (blank) model to analyze judicial decisions claim that judges decide issues beacuse of their policy preference |
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some politxal scientists prefer (blank) model to analyze judicial decisions, because it considers policy preferences AND possible actions of various gov branches |
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the a brief written by someone who isn't a part of a case, but wants to submit and argument or info to the court |
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make more information available
create transperancy |
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