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85 Cards in this Set

  • Front
  • Back
The authority to bring formal charges against a president for “Treason, Bribery, or other high Crimes and Misdemeanors”.
The Great Depression and World War II led to what?
Large expansion in the role of the national government and tremendous growth in presidential power.
Congress has how many members?
“Being a president is like riding a tiger. You have to stay on or get swallowed” was said by whom?
Harry Truman
What are the conditions to be eligible to hold the presidency?
-Must be a “natural-born citizen
-At least 35 years old
-Resided in the US for at least 14 years before taking office
Which amendment limits Presidents to 2 terms?
22nd Amendment
Which amendment is used for Presidents that may be mentally ill or incapable of carrying out duties?
25th Amendment.
Was used on James Garfield and Woodrow Wilson.
The head of government (President) is AKA as
Head of State.
The President’s informal power to gain support by dispensing favors and penalties and by using the prestige of the office
Power to Persuade
The situation when one political party controls the presidency and the other party controls one or both houses of Congress
Divided Government
A 1973 statute enacted by Congress to limit the president’s ability to commit troops to combat. Has 3 conditions
War Powers Resolution
-When Congress has declared War
-When Congress has given him specific authority
-When an attack on the US or its military creates national crisis
The custom of giving senators of the president’s party a virtual veto over appointments to jobs, including judicial appointments, in their states
Senatorial courtesy
Rules or regulations issued by the president that have the force of law; issued to implement constitutional provisions or statutes
Executive Orders
The authority of the president to withhold information from the courts and Congress
Executive Privilege.
A concept proposed by Theodore Lowi that holds that presidents since the 1930s have amassed tremendous personal power directly from the people and, in return, are expected to make sure the people get what they want from the government.
Personal Presidency
Term used to describe presidents who are mostly seen by the public as actors in public spectacles, stage-managed photo ops, featuring the president in a dramatically staged event or setting.
Spectacle Presidency
A government publication describing bureaucratic actions and detailing regulations proposed by government agencies
Federal Register
Legislation passed in 1946 that provides for public participation in the rule-making process.
Administrative Procedure Act (APA)
The Freedom of Information Act, passed in 1966 and amended in 1974, lets any member of the public apply to an agency for access to unclassified documents in its archives
Adopted in 1977, this act requires that most government meetings be conducted in public and that notice of such meetings must be posted in advance.
Sunshine Act
Government bureaus that are not parts of departments. Their heads are appointed by and responsible to the President
Independent Agencies.
The process by which by which bureaucrats convert laws into rules and activities that have an actual impact on people and things
Policy Implementation
The actions of regulatory agencies in establishing standards or guidelines conferring benefits or imposing restrictions on business conduct
The power to draft, as well as execute, specific policies; granted by Congress to agencies when a problem requires technical expertise
Delegated Legislative Authority
A system in which elected officials appoint their supporters to administrative jobs; used by political machines to maintain themselves in power
An agency established by the Pendleton Act of 1883 to curb patronage in the federal bureaucracy and replace it with a merit system
Civil Service Commission
The concept that bureaucrats should be uninvolved or neutral in policymaking and should be chosen only for their expertise—not their political affiliation
Neutral competence
A statute enacted in 1939 that limits the political activities of federal employees in partisan campaigns
Hatch Act
The president’s control over the bureaucracy in his capacity as chief executive; achieved through budgeting, appointments, administrative reform, lobbying, and mobilizing public opinion
Executive Leadership
The authority of the courts to declare laws or actions of government officials unconstitutional
Judicial Review
The 1803 case in which the U.S. Supreme Court enunciated the doctrine of judicial review.
Marbury v. Madison
President Franklin D. Roosevelt’s attempt to expand the size of the U.S. Supreme Court in an effort to obtain a Court more likely to uphold his New Deal legislation
Court-packing plan
The U.S. Supreme Court under Chief Justice Earl Warren (1953-1969); an activist Court that expanded the rights of criminal defendants and racial and religious minorities
The Warren Court
The U.S. Supreme Court under Chief Justice Warren burger (1969-1986). Issued important rulings on abortion and sexual discrimination.
The Burger Court
The U.S. Supreme Court under Chief Justice William Rehnquist (1986-)l a conservative Court, but still has no overturned most previous rulings
Rehnquist Court
The trial courts (lower level courts) in the federal system
District Courts
Intermediate courts between trial courts and the Supreme Court
Courts of Appeals
The authority of a court to hear and decide cases
Latin for “have ye the body.” A writ of habeas corpus is a means for criminal defendants who have exhausted appeals in state courts to appeal to a federal district court
Habeas Corpus
Cases in which governments prosecute persons for violating laws
Criminal Cases
Cases in which persons sue others for denying their rights and causing them harm
Civil Cases
An order issued by a higher court to a lower court to send up the record of a case for review; granting the writ is the usual means by which the U.S. Supreme Court agrees to hear a case
Writ of certiorari
Passed to protect those with disabilities from discrimination in employment and public accommodations, such as stores, restaurants, hotels, and health care facilities
Americans with Disabilities Act
Judges who are reluctant to overrule the other branches of government by declaring laws or actions of government officials unconstitutional
Restrained Judges
Judges who are not reluctant to overrule the other branches of government by declaring laws or actions of government officials unconstitutional.
Activist Judges
Latin for “stand by what has been decided.” The rule that judges should follow precedents established in previous cases by their court or higher court.
Stare Decisis
The first Amendment guarantee of a right of free expression
Freedom of Speech
Speech that encourages rebellion against the government
Seditious Speech
Methods of combating communism characterized by irresponsible accusations made on the basis of little or no evidence; named after Senator Joseph McCarthy of Wisconsin who used such tactics in the 1950s
A public place such as a street, sidewalk, or park where people have a First Amendment right to express their views on public issues
Public Forum
Speech without any conduct (besides the speech itself).
Pure Speech
Speech combined with conduct that is intended to convey ideas; e.g., a sit-in (conduct) where the protesters chant slogans (speech)
Speech plus conduct
The use of symbols, rather than words, to convey ideas; e.g., wearing black armbands or burning the U.S. flag to protest government policy
Symbolic Speech
Guarantees the right of an individual to join with others to speak, assemble, and petition the government for a redress of grievances. This right allows a minority to pursue interests without being prevented from doing so by the majority
Freedom of Association
Censorship by restraining an action before it has actually occurred; e.g., forbidding publication rather than punishing the publisher after publication has occurred
Prior Restraint
Printed or broadcast statements that are false and tarnish someone’s reputation.
Sexual material that is patently offensive to the average person in the community and that lacks any serious literary, artistic, or scientific value.
Legal concept where government institutions are kept separate from religious ones
Separation of Church and State
The First Amendment clause that guarantees individuals the right to practice their religion without government intervention
Free Exercise Clause
The First Amendment clause that prohibits the establishment of a church officially supported by government
Establishment Clause
The guarantee that the government will follow fair and just procedures when prosecuting a criminal defendant
Due process
A rule that prevents evidence obtained in violation of the Fourth Amendment from being used in court against the defendant
Exclusionary Rule
A means of protecting a criminal suspect’s rights against self-incrimination during police interrogation
Miranda Rights
-Right to remain silent
-Anything said can be used against you
-Right to an attorney
-If can’t afford attorney, will be provided one
The Sixth Amendment’s guarantee of the right of a criminal defendant to have an attorney in any felony or misdemeanor case that might result in incarceration
Right to Counsel
Torture or any punishment that is grossly disproportionate to the offense
Cruel and Unusual Punishment
An agreement between the prosecutor, defense attorney, and defendant in which the prosecutor agrees to reduce the charge or sentence in exchange for the defendant’s guilty plea
Plea Bargain
A right to autonomy—to be left alone
Right to Privacy
U.S. Supreme Court ruling in Roe v. Wade established that women have a right to terminate a pregnancy during the first six months
Right to Abortion
Rehnquist court decision where individuals can refuse medical treatment, including food and water, even if this means they will die
Right to Die
An 1857 case in which the U.S. Supreme Court held that blacks, whether slave or free, were not citizens and that Congress had no power to restrict slavery in the territories
Dred Scott Case
The Fourteenth Amendment clause that is the Constitution’s primary guarantee that the government will treat everyone equally
Equal protection Clause
Laws enacted in the southern states that segregated schools, public accommodations, and almost all other aspects of life
Jim Crow Laws
The 1896 case in which the U.S. Supreme Court upheld segregation by enunciating the separate-but-equal doctrine.
Plessy v. Ferguson
The principal, enunciated by the U.S. Supreme Court in Plessy v. Ferguson in 1896, that allowed separate facilities for blacks and whites as long as the facilities were equal.
Separate-but equal doctrine
An organization founded in 1909 to fight for black rights; its attorneys challenged segregation in the courts and won many important cases
NAACP (National Association for the Advancement of Colored People)
Segregation imposed by law; outlawed by Brown v. Board of Education and subsequent court cases
De jure segregation
Segregation that is based on residential patterns and is not imposed by law; because it cannot be eliminated by striking down a law, it is more intractable than de jure segregation
De facto segregation
Agreements among neighbors in white residential areas not to sell their houses to blacks
Restrictive covenants
The practice in which realtors promoted segregation by showing black houses in black neighborhoods and white houses in white neighborhoods
The practice in which realtors would frighten whites in a neighborhood where a black family had moved by telling the whites that their houses would decline in value.
The practice in which bankers and other lenders refused to lend money to persons who wanted to buy a house in a racially changing neighborhood
Civil Right legislation that prohibits discrimination in the sale or rental of housing on the basis of race, color, religion, or national origin
Civil Right Act of 1968
A proposed amendment to the Constitution that would prohibit government from denying equal rights on the basis of sex
Equal Rights Amendment (ERA)
Equal Opportunity in Education Act that forbids discrimination on the bassis of sex in schools and colleges that receive federal aid
Title IX
A policy in job hiring or university admissions that gives special consideration to members of traditionally disadvantaged groups.
Affirmative Action