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47 Cards in this Set
- Front
- Back
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Presidential term/term limits?
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4 years per term, 2 terms total 22ND (XXII) AMENDMENT, TEDDY ROOSEVELT |
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Congressional (house/senate) term/term limits?
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HOUSE OF REP - 2 years per term
SENATE - 6 years per term |
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California term/term limits? Assembly/senate?
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Assembly - 2 years Limits: 12 years combined in either. |
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How many seats are in CA legislature?
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Assembly 80
Senate 40 |
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How does CA legislature differ from Congress?
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Different number of seats/members and their districts.
Can serve in both Senate/Assembly in CA. Legislators are term limited. Line item veto by GOVERNOR. Leadership of assembly speaker has much more power and responsibility. |
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Proposition 11
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2008, power originally held to draw legislative districts by Senate and assembly committees. A citizens led redistricting commission to redraw state and congressional districts (handed the mapmaking power over to the people). Every aspect of the process open to the full scrutiny of the press. |
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CA Plural Executive
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8 EXECUTIVES, plus 12 member board of equalization.
Governor, Lieutenant Governor, Attorney General, Secretary of State, Controller, Treasurer, Superintendent of Public Instruction, Insurance Commissioner, Board of Equalization (4-5 members are elected) FOUR YEAR TERMS 2 TERMS (THEN LIFETIME BAN)** PROP 140 Jerry Brown, our governor has serve more than 2 because he served before prop 140 was intiated. |
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How does LEGISLATIVE check JUD and EXEC?
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SENATE CAN OVERRIDE A VETO IMPEACH/REMOVE FEDERAL JUDGES ***PACKAGING ITEMS IN A BILL THAT THE PRESIDENT WANTS PASSED BUT SO DOES CONGRESS*** |
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How does JUDICIAL check LEG and EXEC?
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RULE LAWS and EXECUTIVE ACTIONS UNCONSTITUTIONAL (JUDICIAL REVIEW)
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How does EXECUTIVE check LEG and JUD?
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Can VETO bills before they become law.
Can appoint judges to ensure LEG cannot hold power. Has own cabinet and congressional oversight. |
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How did FDR influence the power of the presidency?
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The Executive Office of the President to maintain control over differentspecialties of government. Congressional oversight of the budget, and potential regulations made by agencies of the government must be approved by Office of Management and Budget (OMB). Council of Econ Advisors in order to help the president predict where the economy is going. Pres. responsible for economy and to alleviate the suffering of citizens. |
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25th Amendment
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FEB 10 1967
Sets forth should the PRES be removed, death or resign, the Vice Pres shall take become Pres. IF there is a vacancy as the VICE PRES, the Pres shall nominate and will become VICE PRES if both houses of congress agree majority. When pres. transmits to Pro Tempore of Senate and headOF THE HOUSE his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration of the contrary, the duties shall be discharged by the VICE PRES as Acting President. |
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HEAD OF THE SENATE, HEAD OF THE HOUSE
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PRESIDENT PRO TEMPORE OF SENATE
SPEAKER OF THE HOUSE |
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SECTION 4 of 25th AMENDMENT
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If the vice pres and a majority of either the principal officers of the executive deparments or of such other body as congress may by law provide, transmit to the head of the senate and house their written declaration that the president is unable to discharge the powers and duties of his office, the VP takes over. |
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CABINET OF THE PRESIDENT, WHAT ARE THEY |
The president's advisory group made up of the VP, the heads of the federal executive departments and other high officials to whom the president elects to give cabinet status.
Secretaries of State, Defense, the Treasury, Interior, Agriculture, Commerce, Labor, Health/Human Services, Housing and Urban Development,Transportation, Energy, Education, Veterans Affairs, Homeland Security and the Attorney General |
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THE NEW DEAL by FDR. No president has had such a profound impact on how Americans live their lives today.
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AMERICANs now LOOK to the PRES and the GOVT to regulate the economy, solve SOCIAL problems and provide POLITICAL INSPIRATION.
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PRESIDENT'S 7 ROLES
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Remember the gap between public expectations and the reality of what the president can do. Chief Administrator Chief Economist Chief Legislator |
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Head of Government/Head of State
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Head of Government the political role of the president as a leader of his party and chief arbiter of who gets what resources.
Head of State - the apolitical, unifying role of the president as symbolic representative of the whole country. Gives awards, ceremonies. (These are two different people in England, whereas the Head of State is a figurehead (the queen) and Head of Gov't is the Prime Minister. |
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Chief Administrator/EXECUTIVE
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The president's executive role as the head of the federal agencies and the person responsible for the implementation of national policy.
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Commander-in-Chief
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ROLE as TOP OFFICER of the country's MILITARY establishment. Pres has practical ability to wage war, whereas congress has the power to declare war. (REMEMBER WAR POWERS ACT 1973)
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WAR POWERS ACT of 1973
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Limits the power of the President to send troops to war overseas without Congressional approval. Congress usually declines to challenge popular Presidential action in this sense. 30 Day Rule to bring back troops if Congress disagrees. Can be extended 30 days up to 90.
VIETNAM WAR, NEVER OFFICIALLY DECLARED BY CONGRESS. CAUSE OF THIS ACT. MORE POWERFUL ON PAPER THAN REALITY. |
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Chief Foreign Policy Maker/DIPLOMAT
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ROLE AS THE PRIMARY SHAPER OF RELATIONS WITH OTHER NATIONS. TREATIES with approval of 2/3 of Senate. Pres appoints AMBASSADORS. Essentially amounts to what nations the US will recognize as legit.
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Chief Economist
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Appoints the OMB Office of Management and Budget. Seen as responsible for the economy and attempt to bring about healthy economic conditions.
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Chief Legislator
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Policy reccomendations to Congress for signing a bill into law. Veto. Making sure the laws are administrated.
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Pardoning Power
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EXPRESSED power of the President. A presidents authority to release or excuse a person from the legal penalties of a crime.
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EXPRESSED POWERS OF THE PRES. (exec)
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Expressed - Executive/Legislative/Judicial |
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Executive Agreements
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IMPLIED POWER OF PRES: A presidential arrangement with another country that creates foreign policy without the need for Senate approval. Used much more frequently than treaties. Congress may refuse the funds needed to put into the agreement.
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EXPRESSED POWERS OF THE PRES (legislative/judicial)
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"Shall from time to time give to the Congress information of the state of the union and recommend to their consideration such measures as he shall judge necessary and expedient."
Nominal power to convene congress and when there is a dispute about when to disband, to adjourn it. Presidential VETO, to send a bill back to Congress indicating his reasons. Pardoning powers. |
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IMPLIED POWERS OF THE PRESIDENT
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The power of Executive Agreements, to make foreign policy without Congress.
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LINE ITEM VETO
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CA GOVERNOR CAN STRIKE out and remove dollar amounts in bills and the budget. Blue pencil authority.
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Divided Government
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Political rule split between two parties one controlling the white house and the other controlling one or both houses of congress. President is less successful in getting his programs passed.
Passing a bill is seen as giving a victory to the president. Members of different parties stand for different approaches and solutions to the nation's problems. |
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Signing Statements
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Source of tension between the two branches (exec, legislative). Statements recorded along with signed legislation clarifying the President's understanding of the constitutionality of the bill. Or what he believes the bill means or how it's intended to be enforced. G.W. Bush used one to state he could withhold info from congress for national security reasons. Patriot Act. |
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Unitary Executive
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Theory that all power should be placed in a single executive office in order to effectively accomplish legislation. Federalists were greatly against it.
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What is the significance of dissenting opinions in the Supreme Court?
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Justices opinions in written documents disagree with decision and logic of a majority ruling in a case. HAVE A LASTING IMPACT especially if the court changes its mind. The reasons for the about-face are in the dissent or concurrence.
Completely disagree with logic and outcome. Majority - most agree, Concurring - Agree with the with the general decision but for reasons other than stated. |
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What are the significance of Writing Opinions in Supreme Court Decisions.
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Living legacy of the case. VITALLY important for what the nation underderstands what the decision means. |
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Stare Decisis
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LET THE DECISION STAND
Precedent, previous cases ruled on the same. |
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KINDS OF LAW
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Substantive Criminal |
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Substantive Laws
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the content or substance defines what we can or cannot do.
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Procedural Laws
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Establish the procedures used to conduct the law, how the law is used or applied and enforced.
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Procedural Due Process Laws
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Procedural Laws that protect the rights of individuals who must deal with the legal system. (guarantees of procedural due process)
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Criminal Laws
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prohibit specific behaviors that the government (state/fed/both) has determined are not conductive to the public peace. Murder to apple pie theft.
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Civil Laws
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Regulate interactions between individuals. Violation is called TORTS. Not to prosecute a harm to society but to provide individuals with a forum in which they can resolve their differences.
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Constitutional Law
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Law stated in the constitution or in the body of judicial decisions about the meaning of the Constitution handed down in the courts.
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Statutory Law
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Laws passed by a state or the federal legislature. States reflect the will of the bodies elected to represent the people and hey can address virtually any behavior.
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Administrative Law
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Give to bureaucratic agency to establish on behalf of congress.
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Executive Orders
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Clarifications of congressional policy issued by the president and having the full force of law. The succeeding president can overturn them. Congress does not participate. |
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