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44 Cards in this Set
- Front
- Back
What is the most important factor in influencing a president's popularity
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the economy
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What happened in McColluch v Maryland
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the nation overruled the state because national law is supreme over state law
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What are some advantages for incumbents
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they are local celebrities, everyone already knows their names so they automatically get press time.
Constituent services |
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what is a constituent service
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doing little favors for the folks back home
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how is Congress able to create a bank
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through the Necessary and Proper Clause
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what are sunset laws
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laws that expire at a set date
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what is judicial restraint
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~defer from elected branches
~general unwillingness to exercise judicial review ~tendency to follow precedents |
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what is judicial activism
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~less differential from elected branches
~general willingness to exercise judicial review ~tendency to defer from precedents when needed to |
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what is the War Powers Act
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~Congressional attempt in 1973 to regain military affairs after Vietnam
~passed over Nixon's veto ~set rules for the president and Congress when U.S. forces are used by *limiting the time forces can be used *consultation with Congress *empowering Congress can bring home troops at any time |
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what is a conference committee
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joint committee who reconciles different bills
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what is Stewardship Theory
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~strong presidential leadership with people expect
~the president can take any action as long as it is not specifically denied in the Constitution |
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what is the Whig Theory
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~prevailing view in the 18th century
~the president is limited to what's allowed in the Constitution ~primarily administrative |
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what are precedents
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legal authority that governs the decisions in other cases
*lower courts must follow supreme court precedent |
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what is stare decisis
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principle that courts must follow precedents
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what is the principle of the bureaucratic organization
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to serve the public interest as defined by elected officials
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what is amicus curiae
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"friend of the court"
they are not directly involved in the litigation but feel that their interests are affected *must have written consent of all parties to be filed |
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how many senators does the U.S. have
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100
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what is the Rule of Four
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four justices must vote to hear a case in order for it to be heard
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what kind of jurisdiction does the Supreme Court have
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trial and appellate
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how many House of Reps does the U.S. have
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435
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what is the honeymoon period
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the press, public, and Congress supports the president at the beginning of the term
*EX: FDR and the Hundred Days |
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who elects the president if no one wins the majority vote
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House of Reps
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why does Marybury v Madison matter
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established judicial review
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what is jurisdiction
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the power of the courts to hear cases
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the judicial branch was created by __ in the Constitution
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article 3
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the executive branch was created by __ in the Constitution
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article 2
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what is the major function of Congress?
Where do most of these functions occur? |
to pass laws
in committees |
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bureaucracy
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a system of organization and control based on:
*Hierarchial authority *job specialization *formalized rules |
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how does impeachment work
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the House of Reps investigates and the Senate tries the case
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what is OMB
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Office of Management and Budget
*it's a presidential agency that coordinates bureaucratic actions |
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what are the writs of certiorari
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formalized mechanism asking the courts to review a case
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Congress is created by __ in the Constitution
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article 1, section 1
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why would the Supreme Court grant a writ of certiorari
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they only grant a writ if they wish to hear a case
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why is a rule passed by the EPA treated just like a law
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Congress creates regulatory agencies-so by creating a law they create an agency
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what are some pitfalls for incumbents
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~1994 backlash against the Democrats
~members fear a string of bad votes |
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what are the powers of the powers of the Senate Majority Leader
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they are similar to the Speaker of the House
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what are the power of the Speaker of the House
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~controls floor debates
~chooses chair and majority party member of the rules committee ~assigns bills to the appropriate committee |
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what is the Pendleton Act
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~passed in 1883 to create a merit (for civil service) system for federal employees based on neutral competence
~still exists today ~competition is based on qualification, experience, test scores |
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what are the different types of bureaucratic agencies?
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independent, regulatory, independent regulatory
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independent agencies
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similar to Cabinet departments but with greater specialization; heads report directly to the president
*EX: CIA, NASA |
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regulatory agencies
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created by Congress
*EX: EPA, ATF (Alcohol, Tobacco, Firearms) |
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Independent regulatory agencies
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a special subset of regulatory agencies; headed by commissions with fixed office; intended to be free of political interference-does not report to the president
*EX: ICC, SEC |
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Max Weber
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Task: How can we create fair and efficient organizations that allow all qualified people to compete for positions?
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what is the judiciary act of 1789
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~the first act on Congress that filled the gaps in article 2
~created a basic structure of federal courts that still exist today ~federal district courts (one for each state) ~federal circuit courts (at least 2 states were grouped into a circuit) |