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51 Cards in this Set
- Front
- Back
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Federalism
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the division of power between a central government and regional government
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Federalist 46
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The federal and state governments are in fact but different agents and trustees of the people constituted with different powers and designed for different purposes
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Dual Federalism ("Layer Cake")
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-national government exercises only its enumerated powers
-national government exists for constitutional purposes only -state and national government are sovereign within their jurisdictions -relationship between state and national government is oppositional -states rights |
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Cooperative Federalism ("Marble-Cake")
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-present day
-national and state government share power -national and state departments and agencies perform functions jointly -power within the arrangement is fragmented -supremacy clause -necessary and proper clause -commerce clause |
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McCulloch v. Maryland (1819)
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-can congress charter bank (yes)
-=does Maryland have the authority to tax the bank of the U.S? -supremacy law -"power to tax, is the power to destroy" |
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Gibbons v. Ogden (1824)
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-what was the scope of congressional authority under the commerce clause
-congress' power to regulate interstate commerce extended to all commercial activity, not strictly trade -the only limits on congress authority to do so were those set by the constitution |
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House of Representatives
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-"Lower House" of the congress
-directly elected by the people -435 members elected to serve 2 year terms -specific duties include originating revenue bills and impeachment -Andrew Johnson and Bill Clinton are the only two to be impeached |
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Speaker of the House of Represntatives
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Nancy Pelosi (D-CA)
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Majority/Minority Leaders of the House of Representatives
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Steny Hoyer (D-MD)/John Buehner (R-OH)
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Majority/Minority Whips of the House of Representatives
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James Clyburn (D-SC)/ROy Blunt (R-MO)
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Senate
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-Less political than house of representatives
-"Upper House" of congress -elected by the people -100 members elected to serve a staggered 6 years term -specific duties include advise and consent, ratification of treaties, and trying impeachment cases -must be 25 |
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President/President pro tempore of the Senate
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Dick Cheney/Robert Byrd (D-WV)
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Majority/Minority Leader of the senate
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Harry Reid (D-NV)/Mitch McConnell (R-KY)
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Assistant Majority Leader (D)/Assistant Minority Leader (R) of the senate
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Dick Durbin (D-IL)/John Kyl (R-AZ)
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Standing Committee
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perminate committees with define policy commitments
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Joint Committee
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Members from both house and senate
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Select Committee
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temporary committees address particular interest of problem, temporary
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Cabinet
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-includes the secretaries of the 15 executive departments, vice, president and other cabinet rank members designated by the president
-nominated by the president; subject to senate confirmation -1 year-18 months -line of succession for president is the secretary of state |
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Executive Office of the President
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-the president's executive aides, advisor's, their respected staffs (chief of staff, press secretary, communications director, counsel etc)
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District Court
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-federal criminal cases
-civil cases alleging violation of federal laws -civil cases against the federal government -civil cases between citizens of separate states for amounts exceeding $75,000 -94 districts |
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Courts of Appeal
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-exercise appellate jurisdiction over federal district courts and federal administrative law
-considers errors of law, not fact -13 circuits |
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Supreme Court
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-9 justices sitting on the supreme court
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Supreme Court Members
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1. John Roberts
2. Samuel Alito 3. John Paul Stevens 4. Antonin Scalia 5. Anthony Kennedy 6. Cleverence Thomas 7. David Suder 8. Ruth Ginsburg 9. Stephen Bryer |
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Senatorial Courtesy
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senate offers "advise and consent" confirms or rejects
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Judicial Review
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-the power to invalidate laws of Congress and Executive Orders
-the supremacy of national laws and treaties -the supreme court as the final authority on interpreting the Constitution and the Constitutionality of Laws |
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Appellate Jurisdiction
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is the power of a court to review decisions and change outcomes of decisions of lower courts
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Bully Pulpit
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This term stems from President Theodore Roosevelt's reference to the White House as a "bully pulpit," meaning a terrific platform from which to persuasively advocate an agenda. Roosevelt often used the word "bully" as an adjective meaning superb/wonderful. Roosevelt also had political affiliation with the Progressive Party, nicknamed the "Bull Moose" party. It got the moniker when Roosevelt ran for President as its candidate in 1912, after declaring himself as "fit as a bull moose."
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Chief Justice
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-is the head of the judicial branch of the government of the United States, and presides over the U.S. Supreme Court. The highest judicial officer in the country, the Chief Justice leads the business of the Supreme Court and presides over the Senate during impeachment trials of the President
-John Roberts |
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Cloture
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The only procedure by which the Senate can vote to place a time limit on consideration of a bill or other matter, and thereby overcome a filibuster. Under the cloture rule (Rule XXII), the Senate may limit consideration of a pending matter to 30 additional hours, but only by vote of three-fifths of the full Senate, normally 60 votes.
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Common Law
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are laws that have been developed through court decisions rather than through statutes.
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Conference Committee
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A temporary, ad hoc panel composed of House and Senate conferees which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
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Criminal Law
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refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply
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Executive Privilege
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is the power (reserve power) claimed by the President of the United States and other members of the executive branch to resist certain search warrants and other interventions by the legislative and judicial branches of government.
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Filibuster
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is a form of obstruction in a legislature or other decision-making body. An attempt is made to infinitely extend debate upon a proposal in order to delay the progress or completely prevent a vote on the proposal taking place.
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Gerrymandering
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is a form of redistricting in which electoral district or constituency boundaries are manipulated for an electoral advantage.
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House Rules Committee
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Rather than being responsible for a specific area of policy, as most other committees are, it is in charge of determining under what rule other bills will come to the floor. As such, it is one of the most powerful committees, and often described as "an arm of the leadership" and as the "traffic cop" of Congress.
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Impeachment
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is the first of two stages in a specific process for a legislative body to remove a government official without that official's agreement
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Inherent Powers
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are powers which a government has ("inherits") simply because it is a government. Some of these powers include, but are not limited to, the powers to acquire territory, to deport illegal aliens, to grant diplomatic recognition to other states, to protect the nation against rebellion or other attempts to overthrow the government by violence or force, and to restrict immigration.
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Judiciary Act of 1789
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was a landmark statute adopted on September 24, 1789 in the first session of the First United States Congress establishing the U.S. federal judiciary
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Marbury v. Madison (1803)
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Section 13 of the Judiciary Act of 1789 is unconstitutional to the extent it purports to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution. Congress cannot pass laws that are contrary to the Constitution, and it is the role of the Federal courts to interpret what the Constitution permits.
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Necessary and Proper Clause
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refers to the provision in Article One of the United States Constitution, section 8, clause 18, that "The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
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Original Jurisdiction
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The original jurisdiction of a court is the right to hear a case for the first time as opposed to appellate jurisdiction when a court has the right to review the decision of a previous, lower-level court.
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Pocket Veto
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is a legislative maneuver in American federal lawmaking that allows the President to indirectly veto a bill. The U.S. Constitution requires the President to sign or veto any legislation placed on his desk within ten days (not including Sundays) while the United States Congress is in session
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Pocket Veto
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is a legislative maneuver in American federal lawmaking that allows the President to indirectly veto a bill. The U.S. Constitution requires the President to sign or veto any legislation placed on his desk within ten days (not including Sundays) while the United States Congress is in session
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Power to Persuade
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legislative maneuver in American federal lawmaking that allows the President to indirectly veto a bill. The U.S. Constitution requires the President to sign or veto any legislation placed on his desk within ten days (not including Sundays) while the United States Congress is in session.
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Reapportionment
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is the process of allocating political power among a set of principles (or defined constituencies). In most representative governments, political power has most recently been apportioned among constituencies based on population
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Senate Majority Leader
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who are elected by the party conferences that hold the majority and the minority respectively. These leaders serve as the chief Senate spokesmen for their parties and manage and schedule the legislative and executive business of the Senate. By custom, the Presiding Officer gives the Majority Leader priority in obtaining recognition to speak on the floor of the Senate.
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Signing Statements
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is a written pronouncement issued by the President of the United States upon the signing of a bill into law
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Veto
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is used to denote that a certain party has the right to stop unilaterally a certain piece of legislation. In practice, the veto can be absolute (as in the U.N. Security Council, whose permanent members can block any resolution) or limited (as in the legislative process of the United States, where a two thirds vote in both the House and Senate may override a Presidential veto of legislation.)
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Veto Override
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In politics, a vice president is a politician whose primary job is to replace the president on the event of his or her death or resignation. Vice presidents are either elected jointly with the president as his or her running mate, elected separately, or appointed independently after the president's election.
-Dick Chenney |
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War Powers Act
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also referred to as the War Powers Resolution, is a resolution of Congress that the President can send troops into action abroad only by authorization of Congress or if American troops are already under attack or serious threat
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