Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
163 Cards in this Set
- Front
- Back
|
Enumerated Powers |
Federal government powers specifically mentioned in the constitution - Article 1 section 8 |
|
|
Elastic Clause |
Article 1 section 8 (necessary and proper clause) gives congress the authority to make whatever laws are necessary and proper to carry out enumerated powers. |
|
|
Bicameral |
Applied to the legislative body to prevent congress from being too strong, consisting of two houses or chambers. Bicameralism and representation are the most important things in the constitutional design of Congress that make the chambers different from one another. |
|
|
Styles of Representation |
How closely the members of congress match the demographics of the population in general, and the electoral process are all aspects to consider whether legislative representatives are representing democratically. |
|
|
Delegate |
someone who acts in perfect accord with the wishes of his or her constituents. According to Edmund Burke. |
|
|
Trustee |
An elected representative who believes that his or her own best judgement, rather than instructions from constituents, should be used in making legislative decisions. Burke prefers this system. |
|
|
Descriptive Representative |
aka - statistical representation The degree to which the composition of a representative body reflects the demographic composition of the population as a whole. |
|
|
Constituency |
The district of the legislator |
|
|
Constituent |
A citizen who lives in the district of an elected official. |
|
|
Reapportionment |
The reallocation of House seats among the states, to ensure that seats are held by the states in proportion to the size of their population -every 10 years |
|
|
Redistricting |
The redrawing of congressional district lines within a state to ensure roughly equal populations within each district |
|
|
Partisan |
A committed member of a party; also seeing issues from the point of view of the interests of a single party |
|
|
Gerrymandering |
Redrawing electoral district lines in an extreme and unlikely manner to give an advantage to a particular party or candidate. |
|
|
Crack |
The act of dividing of a district where the opposing party has a large majority, rendering it a minority in both parts of the redrawn districts. |
|
|
Pack |
The process of concentrating voters for the other party into fewer districts in order to weaken them elsewhere. |
|
|
Majority-minority districts |
districts drawn to ensure that a racial minority makes up the majority of voters. |
|
|
Open-seat election |
When there is no incumbent officeholder in the election. |
|
|
Incumbents |
Nearly always get reelected due to: the redistricting process, the advantage of attracting and spending more money, and free media coverage to advertise their accomplishments |
|
|
Franking Privilege |
Public subsidization of mail from the members of congress to their constituents |
|
|
Casework |
Services performed by members of congress for constituents - helping constituents cut through the red tape of the federal bureaucracy, whether it be by speeding up the arrival of a late social security check or expediting the issuance of a permit for grazing on public land. |
|
|
Pork |
Also called Pork Barrel Federally funded projects designed to bring to the constituency jobs and public money for which the members of congress can claim credit |
|
|
Party Conference |
An organization of the members of a political party in the House or Senate |
|
|
Caucus |
A regional, ethnic, racial, or economic subgroup within the house or senate. Also used to describe the party in the House and Senate, as in Republican caucus. |
|
|
Rise in partisanship |
On the rise due to changing regional bases of the parties partisan conflict has been on the rise nationally |
|
|
Leader of House |
Speaker of House
stands second in line for succession of presidency Most important powers: ability to allow certain bills to be reported out of committee and to control the schedule |
|
|
Whip |
Political party member in Congress charged with keeping members informed of the plans of the party leadership, counting votes before action on important issues, and rounding up party members for votes on bills. |
|
|
Leader of Senate |
Has the power to propose his or her amendment first |
|
|
Congress Committee |
allow congress to process the huge flow of business that comes before it. They're also islands of specialization - develop expertise to handle complex issues and meet on equal terms |
|
|
Standing committees |
Relatively permanent congressional committees that address specific areas of legislation -foreign relations -commerce, science, transport -education and workforce -agriculture -homeland security |
|
|
Hearings |
The taking of testimony by a congressional committee or subcommittee |
|
|
Markup |
The process of revising a bill in committee |
|
|
Conference Committee |
Ad hoc committees, made up of members of both the senate and the House of Rep's Set up to reconcile differences in the provisions of bills |
|
|
Seniority |
The principle that one attains a position on the basis of length of service |
|
|
Joint committee |
congressional committees with members from both the House and the Senate -taxing -aging -printing |
|
|
Select committee |
Temporary committees in Congress created to conduct studies or investigations; they have no power to report bills. -watergate -assassinations |
|
|
Ranking minority member |
the highest ranking member of the minority party on a congressional committee |
|
|
Reciprocity |
Deferral by members of congress to the judgement of subject-matter specialists, mainly on minor technical bills. |
|
|
Unanimous consent |
legislative action taken "without objection" as a way to expedite business; used to conduct much of the business of the senate |
|
|
Hold |
A tactic by which a single senator can prevent action on a bill or nomination; based on an implied threat of refusing to agree to unanimous consent on other senate matters or willingness to filibuster the bill or nomination |
|
|
Filibuster |
A parliamentary device used in the senate to prevent a bill from coming to a vote by "talking it to death", made possible by the norm of unlimited debate. |
|
|
Cloture |
A vote to end a filibuster; requires the votes of 3/5 of the membership of the senate |
|
|
Discharge petition |
A petition signed by 218 house members to force a bill that has been before a committee for at least 30 days while the house is in session out of the committee and onto the floor for consideration |
|
|
Veto |
President disapproval of a bill that has been passed by both houses of congress A veto can be overridden by 2/3 vote in each house. |
|
|
Pocket veto |
rejection of a bill if president takes no action on it for 10 days and congress has adjourned during that time |
|
|
Oversight |
Congressional responsibility for monitoring the actions of executive branch agencies and personnel to ensure conformity to federal statutes and congressional intent. |
|
|
Impeachment |
House action brining formal charges against a member of the executive branch or the federal judiciary that may or may not lead to removal from office by the senate |
|
|
Power committees |
Appropriations committee is the most powerful (revenue) Rules committee - favors majority so minority party can't assail powers |
|
|
Habeas Corpus |
The legal doctrine that a person who is arrested must have a timely hearing before a judge -Abe Lincoln suspended this in order to win the Civil War |
|
|
Chief of State |
responsible for executive branch performs ceremonial duties (funerals, holidays etc) |
|
|
Domestic Policy leader |
Legislative leader (state of the union: annual report to the nation by the president, now delivered before a joint session of congress, on the state of the nation and his legislative proposals for addressing national problems |
|
|
Chief Executive |
Ensure that laws are efficiently and effectively carried out. Exercise influence through executive orders (a rule or regulation issued by the president that has the force of law - based on either the constitutional powers of the presidency as chief exec. or commander in chief or on congressional statues. -unitary executive |
|
|
Foreign Policy and military leader |
foreign policy leader - pres has power to appoint and receive ambassadors and to make treaties (formal international agreement between 2 or more countries; in the U.S., requires the "advice and consent" of the senate. |
|
|
Executive Agreement |
an agreement with another country signed by the president that has the force of the law, like a treaty; does not require senate approval; originally used for minor technical matters, now an important tool of president powers in foreign affairs. |
|
|
Commander in Chief |
President in charge of troops after congress declared war |
|
|
Head of political party |
seeking partisan advantage as well as the public good |
|
|
President support system |
White house staff, the executive office of the president, the vice president, and the cabinet |
|
|
Institutional presidency |
permanent bureaucracy associated with the presidency, designed to help the incumbent of the office to carry out his responsibilities |
|
|
Chief of Staff |
Top advisor to the president who also manages the White House staff |
|
|
National security adviser |
top foreign policy and defense adviser to the pres. who heads the National Security Council |
|
|
Executive Office of the President (EOP) |
A group of organizations that advise the president on a wide range of issues; includes, among others, the office of management and budget, the national security council, and the council of economic advisers. |
|
|
Office of Management and Budget (OMB) |
Most important organization within the EOP that advises on the federal budget, domestic legislation, and regulation |
|
|
Council of Economic Advisers (CEA) |
Organization within EOP made up of officials from the state and defense departments, the CIA, and the military, who advise on foreign and security affairs. |
|
|
Intelligence Advisory Board |
Organization in EOP that provides information and assessments to the presidents director of national intelligence and to the president directly. |
|
|
Shared Powers between President & Congress |
Difficult to agree when there is a divided government (control of exec and legislative branches by different parties) |
|
|
What makes a president successful with congress? |
Party & Ideology - when president party control both houses of congress he'll find it easier Foreign policy + national security issues - U.S wants to appear united when dealing with other countries Vetoes - president is likely to prevail Popularity - effectiveness with congress links with president popularity with american public |
|
|
President and the people |
Getting closer to the people - presidents speak directly to the public Leading public opinion - when a popular president takes a stand on a policy, the publics support tends to rise Responding to the public - share the publics's policy preferences Presidential popularity - pres. job approval (the % of Americans who believe the president is doing a good job) |
|
|
Federalist #70 |
Hamilton argues that a president should be strong and energetic. National defense, sound administration of the law, and protection of property rights all depend on vitality of presidency. Argues for the unitary executive. |
|
|
Barber: The Presidential Character |
Positive + Active = results Negative + Active = Power Positive + Passive = Love Negative + Passive = Duty active positives tend to be democrats |
|
|
Federal Bureaucracy |
The totality of the departments and agencies of the executive branch of the national governement |
|
|
Bureaucracy |
A large, complex organization characterized by a hierarchical set of offices, each with a specific task, controlled through a clear chain of command, and where appointments and advancement of personnel is based on merit |
|
|
Civil servants |
government workers employed under the merit system; not political appointees |
|
|
Civil service |
federal government jobs held by civilian employees, excluding political appointees. |
|
|
Departments |
Generally the largest unit of the executive branch, each headed by a cabinet secretary - carry out most essential gov. functions - war, state, and treasury. |
|
|
Bureaus and Agencies |
subdivisions within cabinet departments |
|
|
Independent regulatory commission |
An entity in the executive branch that is outside the immediate control of the president and congress that issues rules and regulations to protect the public. |
|
|
Independent executive agency |
unit of executive branch outside the control of executive departments |
|
|
Government corporation |
Unit in the executive branch that operates like a private business but provides some public services |
|
|
Quasi-governmental organizations |
An organization that has governmental powers and responsibilities but has substantial private sector control over its activities |
|
|
Foundation |
An entity of the executive branch that supports the arts or sciences and is designed to be somewhat insulated from political interference. |
|
|
What do bureaucracy's do? |
Execute programs and policies regulate adjudicate discretion and democracy |
|
|
Cost-benefit analysis |
A method of evaluating rules and regulations by weighing their potential costs against their potential benefits to society. introduced by Ronald Reagan |
|
|
Discretion |
Bureaucrats don't just follow a set of orders from congress - but exercise their own judgement |
|
|
Merit Services |
choose employees on the basis of examinations, educational credentials, and demonstrable skills |
|
|
Spoils System |
The practice of distributing government offices and contracts to the supporters of the winning party; also called patronage |
|
|
Agency Merit services |
personnel with particular kinds of training and experience appropriate to their special missions |
|
|
Excepted Services |
Variations on how civil servants are hired Schedule system determines specific requirements for filling each job. |
|
|
Senior executive service |
Top civil service posts - requiring high level skills and education |
|
|
Recess Appointments |
presidential action to temporarily fill executive branch positions without the consent of the senate; done when congress is adjourned. |
|
|
Influence through the people |
People influence the president, congress, and the courts indirectly through: public opinion, elections, social movements, and interest groups. People influence federal departments and agencies directly through: public opinion, elections, and social movements only occasionally |
|
|
Unitary executive |
Constitutional doctrine that proposes that the executive branch is under the direct control of the president who has all authority necessary to control the actions of the federal bureaucracy personnel and units without interference from other federal branches |
|
|
Congress influence over federal bureaucracy |
Legislating agency organization and mission Confirming presidential appointments Controlling the agency budget Holding oversight hearings Using inspectors general |
|
|
Appropriation |
Legal authority for a federal agency to spend money from the U.S. Treasury |
|
|
Privatizing |
A strategy for scaling back the fed bureaucracy by turning over certain government functions to the private sector. Based on two beliefs: -competitive pressure from the private sector will force government agencies to be more efficient |
|
|
Red Tape |
overbearing bureaucratic rules and procedures |
|
|
Whistle-Blowers |
people who bring official misconduct in their agencies to public attention to protect against bureaucratic abuses of power. |
|
|
The Federal hierarchy |
Constitution --> Federal statutory law --> executive order --> agency administrative rules and regulations |
|
|
Iron Triangles |
Congress, bureaucracy, interest groups relationships founded upon self-interest (symbiotic) Congress -> bureaucracy: funding, political support bureaucracy -> interests: low regulation, special favors Interest groups -> congress: electoral support bureaucracy -> congress: policy choices and execution interests -> bureaucracy: congressional support via lobby congress -> interests: friendly legislation and oversight |
|
|
Clientelism |
Bureaucracy <--> interest groups minority interests pressure political agents and institutions for selective benefits, often at the expense of the public. Relies on rent-seeking (the use of a minority's interests resources to realize material gains from political institutions without material reciprocation) -most successful when organized interest groups are opposed by unorganized or loosely organized opposition groups |
|
|
Capture theory |
regulatory agencies are eventually dominated, or composed of agents from the industries and institutions they are regulating. Recall: the revolving door SEC: security and exchange committee |
|
|
Judicial Review |
The power of the Supreme Court to declare actions of the other branches and levels of gov. unconstitutional |
|
|
Marbury v. Madison |
John Marshall claimed power of judicial review in 1803 over the issue of the midnight appointments. Decision ruled that Marbury was entitled to his commission and Madison had broken the law trying to deliver it. |
|
|
Original Jurisdiction |
The authority of the court to be the first to hear a particular kind of case |
|
|
Rehnquist Court |
Much more inclined to review and overturn congressional actions |
|
|
Constitutional Courts |
Article III 94 US Federal district courts 13 Courts of appeal 1 Supreme court |
|
|
Legislative Courts |
Highly specialized federal courts created by congress under Article I of the Constitution. Areas on concern, such as taxes, patents, and maritime law. |
|
|
Jurisdiction of the federal judiciary |
Disputes about the constitution, federal statues, ambassadors and diplomats, treaties, admiralty and maritime issues, in which the U.S. gov is a party, between states, between a state and a citizen of another state, and between a state and a foreign state or citizen. |
|
|
Grand Juries |
Groups of citizens who decide whether there is sufficient evidence to bring an indictment against accused persons. |
|
|
Petit (trial) juries |
Juries that hear evidence and sit in judgement on charges brought in civil or criminal cases |
|
|
Circuit Courts |
The 12 geographical jurisdictions and one special court that hear appeals from the federal district courts. |
|
|
Briefs |
Documents setting out the arguments in legal cases, prepared by attorneys and presented to courts. |
|
|
Stare Decisis |
The legal doctrine that says precedent should guide judicial decision making |
|
|
Supreme Court |
Serves as an appellate court for the federal appeals court and for the highest courts of each state. The court takes both constitutional and statutory cases. Currently made up of 3 Jews, 6 Catholics, 1 African American, 1 Hispanic, and 3 women |
|
|
Senetorial Courtesy |
Tradition that a judicial nomination for a federal district court seats be approved by the senior senator of the presidents party from the state where a district court is located before the nominee is considered by the senate judiciary committee |
|
|
Holds |
The informal practice in which a member of the majority party can inform the majority party can inform the majority leader that he or she wishes to keep a judicial nomination from coming to the floor for a vote. |
|
|
Blue slip |
Informal senate practice in which the judiciary committee solicits opinions on the nominee from the two senators from the state where the nominee resides |
|
|
Standing |
Authority to bring legal action because one is directly affected by the issues at hand. |
|
|
Executive Privilege |
A presidential claim that certain communications with subordinates may be withheld from congress and the courts |
|
|
Secrecy |
Keeps the conflicts between justices out of the public eye and elevates the stature of the court as an institution |
|
|
Seniority |
Determines the assignment of office space, seating arrangements in open courts, and the order of speaking in conference |
|
|
Separate but Equal Doctrine |
Principle argued in Plessy v. Furguson (1896) that laws prescribing separate public facilities and services are equal to those provided for whites. -reversed in Brown v. Board (1954) |
|
|
Superprecedent |
Landmark rulings that have been reaffirmed by the court over the course of many years and whose reasoning has become part of the fabric of American law |
|
|
Plaintiff |
A person who brings suit in a court |
|
|
In Forma Pauperis |
Describing a process by which indigents may file a suit with the supreme court free of charge |
|
|
Writ of Centiorari |
An announcement that the supreme court will hear a case on appeal from a lower court; its issuance requires the vote of four of its nine justices. |
|
|
Rule of Four |
An unwritten practice that requires at least four justices of the Supreme Court to agree that a case warrants review by the court by the court before it will hear the case. |
|
|
Amicus Curae |
"Friend of the court" - describes a brief in which individuals not party to a suit may have their views heard. |
|
|
Concurring Opinion |
The opinion of one or more judges who votes with the majority on a case but wish to set out different reasons for their decisions |
|
|
Dissenting Opinion |
The opinion of the judge or judges who are in the minority on a particular case before the supreme court |
|
|
Period 1: 1800-Civil War |
National power and property rights. Significant growth and change. Marshall believed in strong national government. |
|
|
Period 2: Civil War - Great Depression |
Government and the economy. supreme court took position that corporation was to be protected against regulation, then shifted to expansion of gov regulation and management during Great Depression. |
|
|
Laissez-Faire |
The political-economic doctrine that holds that the gov ought not interfere with the operations of the free market. |
|
|
Period 3: WWII - 1980s |
Individual Rights and liberties Three issues to constitution law: -the role of the gov in the management of the economy The courts expanded protections for free expression and association, religious expression, fair trials, and civil rights for minorities |
|
|
Period 4: 1991 - present |
Conservative Retrenchment. The court curtailed national authority in favor of the states, overturning several federal statutes that were based on an overly expansive reading by congress of its power under the interstate commerce clause. |
|
|
Judicial Activism |
Actions by the court that purportedly go beyond the role of the judiciary as interpreter of the law and adjudicator of disputes. |
|
|
Remedy |
An action that a court determines what must be taken to rectify a wrong done by gov. |
|
|
Original Intent |
The doctrine that the courts must interpret the constitution in ways consistent with the intentions of the framers rather than in light of contemporary conditions and needs. |
|
|
Strict Construction |
The doctrine that the provisions of the constitution have a clear meaning and that judges must stick closely to this meaning which rendering decisions. |
|
|
Test Case |
A case brought to force a ruling on the constitutionality of some law or executive action |
|
|
Class-Action Suit |
A suit brought on behalf of a group of people who are in a situation similar to that of the plaintiffs. |
|
|
Is the court anti-majoritarian? |
Robert Dahl asks... he says no because: to overturn law - must be consensus among justices. Appointment by president, approved by senate. Can be impeached by congress for bad behavior. Act as a check on simple majoritarianism. |
|
|
Civil Rights |
Guarantees of equal treatment by government officials regarding political rights, the judicial system, and public programs. |
|
|
Civil Rights Amendments |
13th (1865) - outlawed slavery 14th (1868) - reversed Dred Scott decision granting citizenship 15th (1870) - Voting rights |
|
|
Privileges and Immunities Clause |
Portion of Article IV Section 2 of Constitution: states which citizens from out of state have the same legal rights as locals in any state; also in 14th amendment assuring national citizenship. |
|
|
Due Process Clause |
Section of 14th Amendment that prohibits states from depriving anyone of life, liberty, or property "without due process of law". A guarantee against arbitrary or unfair gov action |
|
|
Equal Protection Clause |
14th Amendment, requiring states to provide equal treatment to all people within their boundaries. |
|
|
Slaughterhouse Cases |
1873 Rendered the privileges and immunity clause virtually meaningless |
|
|
Jim Crow |
Term for state-sanctioned racial segregation that existed in American South until the middle of 20th Century. |
|
|
Literacy Tests |
A device used by the southern states to prevents african americans from voting before the passage of the Voting Rights Act of 1965, which banned its use; usually involved interpretation of a section of a state's constitution. |
|
|
Grandfather Clause |
A device that allowed whites who failed the literacy test to vote anyway by extending the franchise to anyone whose ancestors had votes prior to 1867. |
|
|
White Primaries |
Primary elections open only to whites in the one-party system where the only elections that mattered were the Dem. Party's primaries; this effectively disenfranchised blacks. |
|
|
Minor v. Happersett (1874) |
Court held that women's suffrage was not a right inherent in the national citizenship guarantees of the 14th amendment |
|
|
19th Amendment |
1920 Women's suffrage |
|
|
Strict Scrutiny |
The assumptions that actions by elected bodies or officials violate the constitution |
|
|
Suspect Classification |
The invidious, arbitrary, or irrational designation of a group for special treatment by government, whether positive or negative; historically, a discriminated against, visible minority without the power to protect itself. |
|
|
Smith v. Allwright |
1944 Court declared that the practice of excluding non-whites from political party primaries was unconstitutional |
|
|
De Jure Discrimination |
Unequal treatment based on gov laws and regulations separation based on law |
|
|
Loving v. Virginia |
1967 Court rules that Virginia's law against interracial marriage served no compelling gov purpose that would justify unequal treatment of the racism Invalidated laws prohibiting interracial marriage. |
|
|
De Facto Discrimination |
Unequal treatment of racial or ethnic minority groups based on practices rather than on statutes and regulations mandating discrimination. |
|
|
Affirmative Action |
Programs of private and public institutions favoring minorities and women in hiring and in admissions to colleges and universities, in an attempt to create more diversity. |
|
|
Philadelphia Plan |
Richard Nixon required construction companies to hire enough blacks and minorities to achieve "racial balance" |
|
|
Intermediate scrutiny |
A legal test falling between ordinary and strict scrutiny relevant to issues of gender; under this test, the supreme court will allow gender classifications in laws if they are substantially related to an important gov objective. |
|
|
Title IX |
Prohibits discrimination against women at federally funded institutions |
|
|
Civil Union |
A legal status in which same-sex couples have the same rights, benefits, and protections as married couples. |
