Pols Exam #3

Front 1

Expressed Powers

Back 1

Powers in the given to the President written in the Constitution

Front 2

Delegated Powers

Back 2

Powers given to the President by Congress

Front 3

Inherent Powers

Back 3

Powers granted in times of crisis

Front 4

Unitary Executive Theory

Back 4

Constitutions puts President in charge of executing the law

Front 5

Presidential Powers

Back 5

Commander in Chief(Can't declare war)

Top Diplomat

Negotiates treaties w/ other countries that Congress must approve of by 2/3 vote

Front 6

Legislative Influence

Back 6

Can Recommend Legislation

State of the Union

Veto

Congress can override w/ 2/3 vote

Signing Statements

Declaration of Pres when signing a bill

Picks Appointees to Run Executive Branch Agencies (Top level must be approved by the Senate)

Front 7

Executive Order

Back 7

Can only be issued by the President; must be backed up by a law.

Issued by a President to clarify how a law should be implemented.

Front 8

Council of Economic Advisors

Back 8

Advise President on what to do to improve the economy

Front 9

Presidential Powers Cont.

Back 9

Head of State

Party Leader

Bully Pulpit(Theodore Rooselvelt)

-Build public support

-Only works if you build public support

Front 10

Presidential Power

Back 10

Tied directly to popularity

-Determined by polls

-Personal favoribility

-Preferred if you want to pass legislation

Front 11

President is weaker than the Prime Minister

Back 11

Because powers are divided amongst branches

Front 12

Cabinet Members

Back 12

Cannot be members of Congress

President can be from a different party than current Congressional authority

Front 13

Divided Government

Back 13

Occurs when Congress and Presidency are controlled by different parties.

-Most often division of Gov't

Front 14

Unified Gov't

Back 14

Congress and Presidency controlled by same party

-Rare occurrence

Front 15

Gridlock

Back 15

Inability of gov't to act because rival parties control different parts of the gov't

Can occur if same party controls those parts

Front 16

Electoral College

Back 16

People chosen to cast each state's vote in a presidential election

-Each state can cast one vote for each member of congress

-Washington D.C. has three votes and is not a state

Front 17

If no candidate wins a Majority of the Popular Vote

Back 17

House of Representatives decides

Front 18

Small States could wield considerate influence together

Back 18

Plurality of Vote required

Front 19

22nd Amendment

Back 19

President can only serve two-terms

Front 20

Pres. can be removed from office for High Crimes and Misdemeanors

Back 20

Through Impeachment and Conviction by Congress

Front 21

President Grants Pardons And Reprieves

Back 21

Pardon - forgived of error or offense (wipes slate clean)

Reprieve- cancel or postpone punishment

Front 22

Executive Office of the President

Back 22

Agencies in the Executive Office: Helps president manage daily activities

Front 23

Office of Management and Budget (OMB)

Back 23

Fund Agencies; can shut them down

Most important

Budges Preparation

Requires Financial Impact statements from agencies

Front 24

Director of National Intelligence (DNI)

Back 24

Co-ordinates national intelligence to work together

Front 25

Council of Economic Advisors (CEA)

Back 25

Advise the President on how to better the economy

Front 26

Office of Personnel Management (OPM)

Back 26

Highly political - lets higher offices run own website to hire personnel

Front 27

Office of the U.S. Trade Representative

Back 27

Stuff you create cannot be stolen from someone outside of the country

Front 28

The Cabinet

Back 28

Heads of 15 Executive Branch Departments

Front 29

Veto Power

Back 29

When Congress passes legislation it is sent to the President

can sign it or veto it

must veto w/in 10 days or it is passed

Front 30

Pocket Veto

Back 30

President does not sign w/in 10 days and Congress is not in session

Front 31

Executive Privilege

Back 31

Confidential Communications between President and Advisers

One branch cannot inquire about the internal workings of another

No public scrutiny

Challenged in Watergate and Clinton Cases

Front 32

Policy Philosophy

Back 32

Respond to Everything

Concentrate on two or three items (most effective)

Front 33

Marbury v. Madison

Back 33

Judicial Review

Front 34

McCulloch V. Maryland

Back 34

National Sumpremacy (of law)

Front 35

Dartmouth College v. Woodward

Back 35

Court extended contract rights to private corporations, foundation for free enterprise.

Front 36

Dred Scott v. Sanford

Back 36

Slaves were property and could not gain their freedom

Front 37

Santa Clara Co. v. Southern Pacific Railroad

Back 37

Corporations became legal entities.

Front 38

Plessy v. Ferguson

Back 38

Legalized Segregation

Front 39

Lochner v. New York

Back 39

Gov't could not interfere w/ private right to contract by introducing worker protections.

-No minimum wage

-Lochner Era

-Bakeshop Act

Front 40

Muller v. Oregon

Back 40

"Brandeis Brief" defended the law of limiting women work hours

Front 41

Schenck v. United States

Back 41

Words presenting a "clear and present danger" were legitimate subjects of legislative prohibitions.

Front 42

National Labor Relations Board v. Jones and Laughlin Steel Co.

Back 42

Permitted legislatures to regulate relations between business and workers.

Front 43

Korematsu v. United States

Back 43

Used strict scrutiny that allowed the treatment of Korematsu due to wartime.

Front 44

Brown v. Board of Education

Back 44

Segregated schools are unequal. Under the equal protection clause of the 14th Amendment.

Front 45

Mapp v. Ohio

Back 45

Exclusionary Rule - evidence secured through illegal means cannot be used against accused

Front 46

Gideon v. Wainwright

Back 46

Right to an attorney and one must be provided if unable to afford one.

Front 47

Lemon v. Kurtzman

Back 47

Lemon test - three prong test to determine if gov't has violated the 1st Amendment by establishing a religion.

Front 48

Roe v. Wade

Back 48

Abortion legal - and expanded privacy.

Front 49

United States v. Nixon

Back 49

No executive privilege in criminal investigations.

Front 50

Bush v. Gore

Back 50

No recount because it would be physically impossible. Bush won.

Front 51

National Federation of Independent Business v. Sebelius

Back 51

Obamacare could require people to buy health insurance as a tax but could not make states expand Medicaid.

Front 52

Imperial Presidency

Back 52

Presidency demonstrates imperial traits

Front 53

Override

Back 53

Congress can overcome a presidential veto w/ a 2/3 vote in both chambers.

Front 54

Political Appointees

Back 54

President picks to run Executive Branch Agencies

Many must be approved by the Senate

Front 55

Civil Servants

Back 55

Members of the permanent Executive branch bureaucracy who are employed on the basis of competitive exams.

Front 56

Going Public

Back 56

Directly addressing the public to win support for oneself or one's ideas; building relationship

Front 57

Political Order

Back 57

A set of ideas, institutions, and coalitions that dominate an era.

Front 58

Central Clearance

Back 58

The OMB's authority to review and clear anything a member of the administration says or does in public.

Front 59

Chief of Staff

Back 59

the senior staff officer of a service or command: managing the president's office

Front 60

Appellate Courts

Back 60

Hear Appeals of existing cases from lower courts

Decide whether to uphold, modify, or to oveturn a pre-existing decision

Include Supreme Court and lower level fed appellate courts

Front 61

Litigation

Back 61

A lawsuit (damages)

Front 62

Mediation

Back 62

Dispute resolution outside court

Front 63

District Courts

Back 63

Federal Trial Courts

Front 64

Circuit Courts

Back 64

Federal Appellate Courts below the Supreme Courts

Front 65

Judicial Review

Back 65

Authority of the Federal Courts to strike down acts of Congress as Unconstitutional

Marbury v. Madison

Front 66

Judicial Activism

Back 66

Active approach to reviewing the other branches of gov't.

Front 67

Judicial Restraint

Back 67

Reluctance to interfere w/ elected branches, only doing so as a last resort.

Front 68

Common Law

Back 68

A system of law developed by judges in deciding cases over the centuries.

Front 69

Precedent

Back 69

Judicial Decisions that offer a guide to similar cases in the future.

Front 70

Civil Law

Back 70

Cases that involve disputes between two parties.

Front 71

Criminal law

Back 71

Cases in which someone is charged w/ breaking the law.

Front 72

Plaintiff

Back 72

The party that brings the action in a lawsuit.

Front 73

Defendant

Back 73

The party that is sued in a court case.

Front 74

Amicus Curiae

Back 74

A brief submitted by a person or group that is not a direct party to the case.

Front 75

Rule of Four

Back 75

The requirement that at least four Supreme Court judges must agree to hear a case.

Front 76

Majority Opinion

Back 76

Opinion of the Court

Front 77

Concurrent Opinion

Back 77

signed opinion agreeing w/ the majority but for different reasons

Front 78

Dissent

Back 78

Signed opinion disagreeing w/ the majority.

Front 79

Stare Decisis

Back 79

Deciding cases on the basis of previous rulings or precedents

Front 80

Spoils System

Back 80

Gov't jobs given out as political favors.

Front 81

Universalistic Politics

Back 81

Gov't by universal rules, impartially applied.

Front 82

Pendleton Act

Back 82

Created Civil Service: Gov't jobs given by merit

Front 83

Bureaucratic Pathologies

Back 83

Problems develop in bureaucratic systems

Front 84

Proposed Rule

Back 84

A draft of administrative regulations published in the federal register for comments.

Front 85

Final Rule

Back 85

The program that will specify how a program will actually operate.

Front 86

Regulatory Capture

Back 86

The theory that industries dominate the agencies that regulate them.

Front 87

Central Service Agencies

Back 87

The organizations that supply and staff the federal government.

Front 88

Private Contractors

Back 88

Private companies that contract to provide goods and services to the government.

Front 89

Overhead Democracy

Back 89

System where people elect president and who's political appointees control the bureaucracy from the top.

Front 90

Principal Agent Theory

Back 90

How policy makers (principals) can control agents but have far more info.

Front 91

Whistle-Blower

Back 91

A federal worker who reports corruption or fraud.

Front 92

Street Level Bureaucrat

Back 92

Gov't officials who deal directly w/ the public.

Front 93

Freedom of Information Act

Back 93

Facilitates full or partial disclosure of government information and documents.

Front 94

Confederation

Back 94

Group of states that yield some of their power to national gov't; retains a degree of sovereign authority.

Front 95

Diffusion

Back 95

Spreading of policy ideas from one city or state to others.

Front 96

Necessary and Proper Clause

Back 96

Allows Congress to carry out its designated functions.

Front 97

Supremacy Clause

Back 97

National Gov'ts authority prevails.

Front 98

Full Faith and Credit Clause

Back 98

Each state upholds laws created in other states.