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133 Cards in this Set
- Front
- Back
Framers of the constitution intended for ___________ to play a key role in governing the nation
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Congress
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Expressed powers are sometimes called___________________
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Enumerated Powers
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________________Implies that Congress has powers beyond those expressed in the first 17 clauses
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Necessary and proper clause
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__________________have allowed Congress to expand its role to meet the needs of a growing nation
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Implied Powers
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Often called the elastic clause__________________
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necessary and proper
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First major conflict involving the supreme court
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Conflict was between those who believed in a strict interpretation and those belived in a loose interpretation
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teller at Second Bank
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James McCulloch
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Chief Justice who ruled in favor Maryland in Maryland vs McCulloch
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John Marshall
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Chief Justice John Marshall ruled in favor of________________________
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Loose constructionists
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One important limit on Congressional power is _______________________
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The Bill of Rights
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Congress may not suspend_________________,
pass_________________ or pass _________________ |
writ of habeas corpus,
bills of attainder, ex post facto laws |
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a court order to realease a person accused of a crime to court to determine whether he or she has been legally detained
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writ of habeas corpus
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laws that establish guilt and punish people without allowing them a trail
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bills of attainder
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laws that make crimes of acts that were legal when they wre committed.
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ex post facto laws
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Congress had both _____________and _______________ powers
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Legislative and non legislative
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__________________ include the power to confirm or deny presidential appointments.
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Nonlegislative
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the power to pass laws
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Legislative power
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Most significant expansion of congressional legislative power is its ______________
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control over the economy, taxing, spending, and regulating commerce
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Sometines called "the power of the purse" ___________________
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the power to levy taxes and provide for the general welfare of the United States.
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among the most important powers of Congress_________________
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"the power of the purse"
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No government agency can _______________ without congressional authorization
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spend money
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Congress may use ________ for many purposes. For example, taxes on narcotics are meant to _____________ public health
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taxes, protect
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All bills for raising revenue shall originate in the ______________________
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House of Representatives
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Laws for raising money___________________
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Revenue Bills
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Revenue Bills start in the ___________ and go to the ___________
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House, Senate
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proposed laws to authorize spending money
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appropriations bills
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has been developed through usage
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appropriations bills
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Spending requests generally come from the ____________-branch
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executive
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Most spending request are presented to Congress in the __________________
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President's annual budget proposal
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Congress has used its_______________________ to expand its regulatory powers
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taxing and spending authority
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Congress uses its________ to regulate the economy
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money powers
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Congress can cut individual income taxes to _________ the economy
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stimulate
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The most common way Congress borrows money to pay for the cost of govenment is_______________
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sale of gov't bonds or notes
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People can buy ___________, _________________,or _______________ to lend the government money.
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savings bonds, treasury bills, or treasury noted
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the total amount of money the governemtn owes at any given time
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national debt
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Is there a limit on government borrowing?
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No
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Congress gives the ______________ branch the power to coin money and to regulate its value
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legislative
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All currency the fedreal government issues is _________________
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Legal tender
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people who print postage stamps, paper money, or governement securities illegally_________________
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counterfeiters
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legal proceedings to administer the assets of a person or business that cannot pay its debts_______________
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bankruptcy
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almost all bankruptcy cases are heard in__________________
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federal courts
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commerce among the states
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interstate commerce
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the __________________clause of the constitution authorizes Congress to regulate foreign commerce and interstate commerce
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commerce
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Opened up trade between New York and New Jersey
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Gibbons V Ogden
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Congress requires that businesses engaged in interstate commerce pay their employess a ____________________
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Minimum wage
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Civil Rights Case in 1964 making a law that prohibited discrimination in places of public accomodations such as restaurants, hotels, and motels. It also prohibited job discrimination.
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Heart of Atlanta Motel V. United States (1964)
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__________________ has even supported fedreal ciminal laws aimed at racketeering and arson.
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commerce power
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Congress shares _____________ and national defense responsibilities with the _________________.
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foreign policy , president
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Congress had declared war only _________ times
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5
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commander in chief__________________
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President
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two most siginificant uses of force without declaring war______________________
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Korean War and Vietnam War
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________________can approve treaties, declare war, create and maintain an army and navy, make rules governing land and naval forces, and regulate foreign commerce
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Congress
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forbids the president to committ American forces to combat for more than 60 days without congressional notification within 48 hours_________________
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War Powers Act
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Every President has protested the _______________
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War Powers Act
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process by which immigrants to the United States become citizens________________
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naturalization
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US territories _____, ___________, and __________________
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Guam, Virgin Islands, Wake Island
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exclusive right to publish and sell literary, musical, or artistic work for a specifc period of time______________
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copyright
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Copyright time period is ________________
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life of the creator plus 50 years
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the exclusive right of an inventor to manufacture, use, and sell his or her invention for a specific period _________________
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patent
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current length of patent________
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17 years
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Congress can use its postal power to combat___________
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criminal activity
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using mail for any illegal act is a _________________
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federal crime
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basic tasks of the _____________ and ________ include considering, amending, and voting on bills.
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House, Senate
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If no candidate for president has a majority of the electoral votes, the ____________chooses the president from the the 3 candidates with the most electoral votes, the __________ chooses the vice president if this happens
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House, Senate
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Is it possible for the Vice President to be froma different party than the president
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yes
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when the office of vice president becomes vacant to his death or othe incapicatity the ___________ appoints a replacement, but must be confirmed by both houses of Congress.
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President
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Congress has this power to remove any federal official from office for misconduct________________
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Impeachemnt
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The _______ of the __________ vtes to impeach a public official
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majority, House
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The __________conducts the impeachment trial.
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Senate
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___________ vote of the senate is required for conviction and removal (impeachment)
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2/3
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When impeachment proceedings involve a president, the _______________ of the United States presides
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Chief Justice
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President can be impeached for these reasons:____________, _____________, __________________
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Treason, Bribery, or other high crimes and misdemeanors
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The ______________ has confirmation power to approve appointments of federal officials by the president
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Senate
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The Senate has rejected about _____ percent of Court nonimations
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20
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This power is one of the key ways in which Congress helps shape foreign policy_________________
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Ratification Power
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__________________ do not require Senate approval, agreements with other heads of state
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Executive agreements
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____________ must be approved by 2/3 vote of both houses or by a convention called byt he legislatures of 2/3 of the states
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Amendments
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Supporters of Prohibition____________
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Drys
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repealed the 18th amendment on prohibition
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21st amendment
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A ________________ may conduct investigations. It can last for several days or months
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standing committee or select committee
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____________ may have a variety of consequences. Sometimes they damage the reputation of innocent people
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Investigations
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Congressional committees have the power to ___________witnesses
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subpoena
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legal order that a person appear or produce requested documents______
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subpoena
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Witnesses who do not tell the truth under oath are committing __________________
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Perjury
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Refusing to testify in court _____________
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contempt
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Person who are in contempt of court can be _____________
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arrested and jailed
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Supreme Court ruled that Congress must respect witnesses' constitutional rights just as a court does
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Watkins V. United States
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freedom from prosections
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immunity
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the ______________ states that people cannot be forced to testify against themselves
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5th amendment
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Exercising its _________________, congressional committees keep watch over the agencies of the executive branch
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Oversight power
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____________________ is a good example of of the Constitutional principle of checks and balances
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Legislative oversight
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Congress ______ the laws. The job of the executive branch is to ___________.
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makes, carry them out
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Through its power of _____________________, Congress can check on how the executive branch is adminstering the law.
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Legislative oversight
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_______________ usually occurs in bits and pieces
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Legislative oversight
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Lawmakers do not have enough ___________, ____________ and _____________ to keep track of everything going on in the executive branch.
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staff, time and money
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__________________ monitors the finances of fedearl agencies to make sure public money has spent , appropriately and legally, also called a second oversight technique
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General Accounting Office
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The power of Congress to __________________ money provides another means of oversight
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approrpriate
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Another name for Special Prosecutor
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independent counsel
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can cancel actions of the executive agencies carrying out certain laws
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Legislative veto
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_________________ Act tried to ensure allegations of wrong doing by high government officials would receive fair investigation
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Ethics in Government Act
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All bills Congress passes require the __________________signature before they become law.
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President's
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Overriding a presidential veto requires a _______ in each house
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2/3 majority
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System of checks and balances that can result in a government shutdown or ________________
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stalemate
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The best relations exist between the 2 branches when the president makes ______ demands on Congress
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few
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______________ and _________________ elect members of Congress
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Individual states and congressional districts
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Political Historian who argued that checks and balances result in the ___________________
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"President Versus Congress
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The system of checks and balances gives Congress and the president the power to ___________ each other
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counteract
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_____________ ___________ _____________ can affect the relationship between the president and Congress
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Partisan political differences
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________________ occurs when the president and Congress cannot agree on legislature
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Gridlock
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_______________can be used to block action on legislation
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Rules of procedure
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______________ in governemnt occurs when a president wants a major proposal approved and a committee tries to delay, revise, or defeat it.
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Conflict
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______________may use their positions to influence bills
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Committee chairpersons
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the committee system may be a ________________ against the president
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weapon
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Conflicts may occur because the president and Congress have different political_______________
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timetables
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For most of the first 150 years of the Republic, ___________ dminated policy making
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Congress
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The ____________________- makes it likely the president and Congress will always compete for power
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system of checks and balances
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President's have ______________ in time of crisis
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emergency powers
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Ex of Presidential Emergency Powers_____________
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martial law, seized property, controlled transportation and communication and sent armed forces overseas
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During the great depression President _____________- closed the nation's ____________
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Franklin D Roosevelt
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President Nixon ________ wages and _________- to combat economic probelms stemming from the Vietnam War
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froze, prices
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ended the 35 years state of emergency________________
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National Emergency Act
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Presidents must now notify ________ when they intend to declare a national emergency.
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Congress
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A state of emergency cannot be more than _______, unless the president repeats the process
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one year
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When can Congress end a state of emergency?
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At any time by passing legislation
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yearly financial plan for the Nat' l gov't_________
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national budget
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limited the president's ability to impound funds _________________________
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The Congressional Budget and Impoundment Control Act
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the president's refusal to spend money Congress has voted to fund a program________________
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Impoundment
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requires that appropriated funds be spent unless the president request both houses of Congress agree that the monies not be spent___________________
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The Budget and Impoundment Control Act
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effective check on the executive branch___________
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legislative veto
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Presidents have called the legislative veto a ________________ to their authority
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challenge
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abiltiy to veto only certain lines or items of a bill___________________
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line - item veto
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authorized the president to veto spending items abd certain limited tax breaks________________
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Line Item Veto Act (Recission bill)
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First president to use the Line Item Veto Act
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Clinton
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