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70 Cards in this Set
- Front
- Back
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What are Inherent powers?
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Powers not specified in the constitution but necessary to carry out the specific responsibilities of the president as set forth in the constitution.
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What are the six roles of the president?
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Chief Executive - enforces laws, federal court decisions, and treaties
Commander in chief - power to deploy armed forces Chief of state - engages in symbolic/ ceremonial activities. Chief Diplomat - directs the foreign policy of the United States. Chief Legislator - Recommends legislative measures Chief lawmaker - enforces the laws of the nation |
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What is executive privilege?
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The right of executive officials to refuse to appear before, or to withhold information from a legislative committee
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Who can officially declare war and what was the last war to be officially declared?
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Congress, WW2
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What are the provisions of the War Powers Resolution?
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Requires the president to consult with congress 48 hours after sending in troops. If congress doesn’t authorize a longer period, the troops must be withdrawn between 60 to 90 days (Congressional breaks)
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What is an executive agreement?
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Pacts between president and other heads of state that do not require Senate approval, but they have the same legal status as treaties
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What is an executive order?
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A rule or regulation issued by the president that has the effect of law. This is the presidents legislative authority
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What is the state of the union address?
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President has a state of the union address (dictated by the constitution) which outlines legislative agenda.
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What is a line item veto and does the current president have this power?
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Vetoing a line of legislation without vetoing the whole thing. No (unconstitutional)
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What is the president’s powers concerning pardons?
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Can pardon anyone except in cases of impeachment
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According lecture who were the best and the worst presidents?
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Best: FDR, Lincoln, Washington
Worst: Buccanon and Harding |
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What is the presidential establishment?
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in 1804 12th amendment allowed president candidate to select VP. Prior number 2 vote getter = VP.
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What were the three offices or positions for the cabinet, Executive Office of the President, and The White House Staff?
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The Executive Office of President
Council of Economic Advisers Office of Management and Budget National Security Council White House Staff; President’s most influential advisors include Chief of Staff National Economic Council Deputy white house Chief of staff. |
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How does the electoral college work?
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1.) Each State Choses its electors based on States total representation in congress
2.) 48 states and D.C. have adopted a winer take all popular vote where the candidate that wins the most votes in the state wins the support of all that states electors |
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What are the three proposed reforms to the electoral college.
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1.) Proportional plan - divides a states electoral votes in proportion to the division of popular votes
2.) District plan - each district gets one vote, plus 2 state wide votes for the candidates who win statewide 3.) Direct popular vote - whoever gets the most votes wins |
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What are the qualifications to become president?
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35 years old, natural born US citizen, born on American soil or military bases, 14 years as a resident (doesn’t need to be consecutive)
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What is the spoil system?
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Awarding government jobs to political supporters and friends
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What were Presidents Andrew Jackson and Garfield famous for?
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Jackson created spoil system/ first sitting president to have an assassination attempt
Garfield was assassinated by office seekers who didn’t get a job |
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What did the Civil Service Act (Pendleton Act) in 1883 do?
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Created a merit system and the Civil service commission
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What is the merit system?
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Selection, Retention, and promotion of government employees on the basis of competitive exams
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What did the Civil Service Act of 1978 do?
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Abolished the civil service commission and created the
1.) Office of personal Management 2.) The merit systems protection board - |
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What does The Office of Personal Management (OPM) do?
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Recruits, interviews, and tests potential government workers
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What does the Merit Systems Protection Board (MSPB) do?
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Evaluates charges of wrongdoing, and can order action against agencies and employees
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What is the General Schedule (GS) ?
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How bureaucracy are paid 1 - 15 based on experience, qualifications, and expertise
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What is rulemaking?
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Most important “political” aspect of bureaucracy
Making and judging policy |
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What is a rule?
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Statement by a federal agency that interprets a law and prescribes an action to implement the law
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What is the Federal Administration Procedures Act?
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Governor of rule making: Requires at a minimum that the agencies must give public notice of the rules, allow interested parties input, and have them published in the Federal Register
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What is the Federal Register?
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Publicly announces rules
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What is Adjudication?
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Process to establish if a rule has been broken
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What is the difference between the following agencies and what types of agencies are associated with the following (you only need to know the three Agencies listed during lecture):
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Independent executive agencies - A federal agency not part of a cabinet department but reports directly to the president; they have a single function
Independent Regulatory agencies - Their function is to regulate private activity and protect the public interest in a particular sector of the economy Government corporations - Like private corporations in that they provide a service that could be handled by the private service that charge for their services |
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What are Government Judicial Agencies?
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Agencies that deal with Judicial issues?
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What did the Hatch Act of 1939 do?
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Prohibited federal employees from actively participating in politics
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What did the 1993 Federal Employees Political Activities Act do?
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Weakened the Hatch Act. Federal employees can run in nonpartisan elections, participate in voter registration drives, make political contributions
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What is a whistle blower and what did the Whistle-Blower Protection Act establish
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Someone who draws attention to gross government inefficiency or illegal action
Established an independent agency to investigate complaints brought by government workers |
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What did the Government in the Sunshine Act (1976) establish?
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Agencies must hold meetings in public sessions
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What is Sunset Legislation?
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Agencies are not permanent, must be reauthorized by congress or it will terminate
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Who has authority to create a court system?
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congress
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What did the Judiciary Act of 1789 do?
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Supreme Court will consist of one chief justice and 5 associate justices
Set up federal court system Made federal law superior to state law |
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What does a dual court system mean?
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Citizens are subject to jurisdiction of both the national and state courts.
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What is jurisdiction?
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The authority of a court to hear a case
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What is the difference between original and appellate jurisdiction?
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1. Original Jurisdiction are trial courts that hear a case for the first time, try it and set forth a judgement on the law and facts
2. Appellate Jurisdiction review the decision of lower courts that are appealed |
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What are the characteristics of the federal district court?
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Trial courts with original jurisdiction
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What type of cases does the district court deal with?
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Hear cases that deal with federal law and cases involving disputes from people from more than one state (and involving more than $75,000)
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What are the characteristics of the federal appeals court in terms of what they do?
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Hear appeals from the district courts and from federal administrative agencies. Typically, cases are decided by a panel of 3 judges.
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In what type of cases does the Supreme Court have original jurisdiction?
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Foreign diplomats and when a state is a party.
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What are courts of limited jurisdiction?
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Only hear certain types of cases
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What is common law?
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Where judges settle disputes similar to ones that have been decided before
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What is case law?
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The collection of decisions or the body of law that is rendered
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What did Marbury v. Madison (1803) establish?
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1. Gave the courts power of judicial review.
The authority to review lower courts decisions declare laws and actions of public officials unconstitutional |
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What is the difference between civil and criminal cases?
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Civil - Involves disputes between private parties over such matters such as contracts, personal injuries, family law and the selling and buying of property
Criminal - Acts that are prohibited by the government |
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What is the difference between being a defendant and a plaintiff in a case?
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Plaintiff - Person who brings charges against someone
Defendant - Person who charges are brought against |
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In criminal cases who is the plaintiff?
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The Government
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What is a writ of certiorari, or “cert”
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An order that the Supreme Court issues to a lower court requesting the latter to send the record of the cases in question
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What is the rule of four?
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Four justices must approve a cert
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What is a supreme court conference?
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When justices render a decision
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What do the following opinions mean?
Unanimous Opinion - Majority opinion - Concurring opinions - dissenting opinions - |
all justices agree
5 - 8 justices agree all opinion that agrees with the opinion but not with the stated reason disagree with the opinion |
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How long are federal judges appointed for?
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Life
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What are the qualifications for a federal judgeship?
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No formal qualifications
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What is the difference between judicial activism and judicial restraint?
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Judicial activism - Taking a more forceful role in determining public policy through broad constitutional interpretation
Judicial Restraint - The Courts should defer to the decisions of the other branches, because members of Congress and the president are elected by the people |
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Which court was the most activist?
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Warren Courts
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What did Jimi Hendrix’s smashing and burning of his guitar represent?
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The destruction of the old social culture
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Did Huey Newton go to Law school?
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yes
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By 1968 how many soldiers had died in Vietnam?
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15,000
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What was Walter Cronkite’s contribution to the Vietnam War?
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He informed the public via national news that the US probobably could not win the war in Vietnam
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Which athletes protested the 1968 Olympics?
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Carlos and Smith
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What was the nickname for the traveling press corp?
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Bubble
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What was on Bush’s belt buckle?
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Seal of Texas
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After Bush won the nomination which group was added to the press corp?
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Secret Service
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What type of beer was Bush drinking?
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Bucklers
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What was the squirrel eating?
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donuts and nuts
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