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28 Cards in this Set
- Front
- Back
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Executive Branch |
-part of government that is responsible for enforcing or carrying out the laws
- President |
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powers of federal executivebranch
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executes law of the land
- prepares annual budget for congressional action - appoints cabinet officers, ambassadors, and federal judges - administers federal bureaucracy - enforce federal regulations - Presidential power has grown in the years since the Constitution was ratified. |
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state of the union address
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annual presidential speech to Congress
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Cabinet |
President’s official group of advisers, includes the heads of major departments.
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Veto |
president rejects a bill passed by Congress so it doesn’t become law
- can be overturned by 2/3 vote by Congress |
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Ways the executive branchinfluences policymaking
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Proposing legislation in an annual speech to Congress (State of the Union Address)
-Appealing directly to the people -Approving or vetoing legislation - Appointing officials who carry out the laws - Cabinet departments, agencies, and regulatory groups interpret and execute the laws. |
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The President exercisespower as
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Chief of State: Ceremonial head of the government
- Chief Executive: Head of the executive branch of government - Chief Legislator: Proposer of the legislative agenda - Commander-in-Chief: Head of the nation’s armed forces - Chief Diplomat: Architect of American foreign policy - Chief of Party: Leader of the political party that controls the executive branch - Chief Citizen: Representative of all of the people |
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Executive checks Judicial |
appoints judges
- grants amnesty, pardon, reprieve |
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Executive checks Legislative |
approves or vetoes acts of Congress (bills)
- calls Congress into special session |
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Judicial Branch |
part of government that is responsible for interpreting laws
- courts |
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original jurisdiction
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authority to hear a case for the first time
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appellate jurisdiction
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authority to review cases from lower district courts or from regulatory agencies
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arraignment
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hearing in which a suspect is charged and enters a plea (guilty or not guilty)
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Civil case |
involves a disagreement between two parties
- person wants compensation from someone who he feels has wronged him |
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procedure for civil cases
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plaintiff files a complaint to recover damages or receive compensation
- case can be decided by judge or jury - verdict can be appealed |
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Criminal law |
deals with misdemeanors and felonies
- someone is accused of breaking a law |
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procedure in criminal cases
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arrest assuming probable cause
- preliminary hearing: jailed or released on bail - indictment: formally charged with a crime - arraignment: case is reviewed, the defendant may be appointed an attorney, and plea is entered - trial - verdict - may appeal |
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subpoena
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deals with misdemeanors and felonies
- someone is accused of breaking a law |
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Appeal |
request to a higher court to rehear a case if the losing side feels injustice
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U. S. Supreme Court
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8 associate justices & 1 chief justice
- no jury - hears cases dealing with constitutional issues - typically hears cases on appeal, but has also has limited original jurisdiction - The Supreme Court is the highest court in the land |
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U. S. Court of Appeals
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justices, no jury
- appellate jurisdiction - can uphold, overturn, or remand a verdict from a lower court |
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U. S. District Court
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judge and jury
- original jurisdiction - determines guilt or innocence, “trial court” |
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Due process of law
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constitutional protection against unfair governmental actions and laws
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Due process protections
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- 5th Amendment—Prohibits the national government from acting in an unfair manner
- 14th Amendment—Prohibits state and local governments from acting in an unfair manner - The Supreme Court has extended the due process clauses to protect the guarantees of the Bill of Rights. |
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Marbury v. Madison
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Chief Justice Marshall found that the Judiciary Act conflicted with the Constitution; the Supreme Court therefore overruled the act of Congress since the Constitution is always supreme
- established the principle of Judicial Review |
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judicial review
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Supreme Court determines laws/actions of the executive/legislative are constitutional
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judicial checks executive
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declares executive acts unconstitutional
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judicial checks legislative
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declares laws unconstitutional
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