American Govt. Test 2

Front 1

Which branch did Hamilton believe would be the weakest of the three in 1787?

Back 1

Judiciary

Front 2

Judicial Review

Back 2

Power of the courts to review acts of other branches of government and the states.

Front 3

Judiciary Act of 1789

Back 3

Legislative act that established the basic three-tiered structure of the federal court system.

Front 4

Three levels of the court system

Back 4

1. Federal district courts
2. Circuit courts (appellate)
3. Supreme Court

Front 5

First Chief Justice

Back 5

John Jay, appointed by George Washington

Front 6

Marbury v. Madison

Back 6

Case in which the Supreme Court first asserted the power of judicial review by finding that the congressional statute extending the Court's original jurisdiction was unconstitutional.

Front 7

Trial Court

Back 7

Court of original jurisdiction where cases begin.

Front 8

Appellate Court

Back 8

Court that generally reviews only findings of law made by lower courts.

Front 9

Jurisdiction

Back 9

Authority vested in a particular court to hear and decide the issues in a particular case.

Front 10

Original Jurisdiction

Back 10

The jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of a case.

Front 11

Appellate Jurisdiction

Back 11

The power vested in particular courts to review and/or revise the decision of a lower court.

Front 12

Criminal Law

Back 12

Codes of behavior related to the protection of property and individual safety.

Front 13

Civil Law

Back 13

Codes of behavior related to the conduct and relationships between individuals and groups.

Front 14

Case names

Back 14

Cases are known first by the name of the petitioner, the one who brings charges against a defendant.

Front 15

Constitutional Courts

Back 15

Federal couts specifically created by the US Constitution or by Congress pursuant to its authority in Article III.

Front 16

Legislative Courts

Back 16

Courts established by Congress for specialized purposes, such as the Court of Appeals for Veterans Claims.

Front 17

District Courts

Back 17

1. They involve the federal govt. as a party.
2. They present a federal question based on a claim under the US Constitution, a treaty with another nation, or a federal statute. This is called federal question jurisdiction and it can involve criminal or civil law.
3. They involve civil suits in which citizens are from different states, and the amount of money at issue is more than $75,000.
- Each district has a US attorney nominated by president and confirmed by Senate.
- The attorney is that district's chief law enforcement officer.

Front 18

Courts of Appeals

Back 18

1. Appeals from criminal and civil cases from the district courts.
2. Appeals from administrative agencies.
- Supervised by a chief judge.
- Try to correct errors of law and procedure that have occurred in lower courts or administrative agencies.

Front 19

Brief

Back 19

A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial.

Front 20

Precedent

Back 20

A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature.

Front 21

Stare Decisis ("Let the decision stand")

Back 21

In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.

Front 22

Supreme Court

Back 22

- 8 associate justices
- 1 chief justice (nominated by president)
It ensures uniformity in interpretation of national laws and the Constitution, resolves conflicts among the states, and maintains the supremacy of national law in the federal system.

Front 23

Senatorial Courtesy

Back 23

Process by which presidents generally defer selection of district court judges to the choice of senators of their own party who represent the state where the vacancy occurs.

Front 24

Judiciary Nominee Criteria

Back 24

1. Competence
2. Ideology or policy preferences
3. Rewards
4. Pursuit of political support
5. Religion
6. Race and gender

Front 25

Writ of Certiorari ("to be informed")

Back 25

A request for the Supreme Court to order up the records from a lower court to review the case.

Front 26

Rule of Four

Back 26

At least four justices of the Supreme Court must vote to consider a case before it can be heard.

Front 27

Cases the Court Accepts

Back 27

- The federal govt. is the party asking for review.
- The case involves conflict among the courts of appeals.
- The case presents a civil rights or civil liberties question.
- The case involves the ideological or policy preferences of the justices.
- The case has significant social or political interest, as evidenced by the presence of interest group amicus curiae (friend of the court) briefs.

Front 28

Solicitor General

Back 28

The fourth-ranking member of the Department of Justice, responsible for handling nearly all appeals on behalf of the US govt. to the Supreme Court.
- "Ninth and a half member" of the Supreme Court

Front 29

Amicus Curiae

Back 29

"Friend of the court" - amici may file briefs or even appear to argue their interests orally before the court.

Front 30

Judicial Restraint

Back 30

A philosophy of judicial decision making that posits courts should allow the decisions of other branches of govt. to stand, even when they offend a judge's own principles.

Front 31

Judicial Activism

Back 31

A philosophy of judicial decision making that posits judges should use their power broadly to further justice.

Front 32

Strict Constructionist

Back 32

An approach to constitutional interpretation that emphasizes interpreting the Constitution as it was written and intended by the Framers.

Front 33

Judicial Implementation

Back 33

How and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit.

Front 34

Requirements for Implementation of a Judicial Decision

Back 34

1. The members of the implementing population must act to show that they understand the original decision.
2. The implementing population must actually follow Court policy.
3. The consumer population must be aware of the rights that a decision grants or denies them.

Front 35

Forces That Shape Judicial Decision Making

Back 35

1. Behavioral Characteristics
2. The Attitudinal Model
3. The Strategic Model

Front 36

House Member Requirements

Back 36

- 25 years old
- Citizens of the US for 7 years
- Legal resident of the state in which they are elected
- 2-year terms
(435 total)

Front 37

Senate Member Requirements

Back 37

- 35 years old
- Citizens of the US for 9 years
- Legal resident of the state in which they are elected
- 6-year terms
(100 - 2 per state)

Front 38

Apportionment

Back 38

The process of allotting congressional seats to each state following the decennial census according to their proportion of the population.

Front 39

Impeachment

Back 39

The power delegated to the House of Representatives in the Constitution to charge the president, vice president, or other "civil officers," including federal judges, with "Treason, Bribery, or other high Crimes and Misdemeanors." This is the first step in the constitutional process of removing govt. officials from office.

Front 40

Incumbency

Back 40

Already holding an office

Front 41

Redistricting

Back 41

The process of redrawing congressional districts to reflect increases or decreases in seats allotted to the states, as well as population shifts within a state.

Front 42

Gerrymandering

Back 42

The drawing of congressional districts to produce a particular electoral outcome without regard to the shape of the district.

Front 43

Party Caucus or Conference

Back 43

A formal gathering of all party members

Front 44

House of Representative Members

Back 44

- Speaker - John Boehner
- Majority Leader - Eric Cantor
- Majority Whip - Kevin McCarthy
- Minority Leader - Nancy Pelosi
- Minority Whip - Steny Hoyer

Front 45

Senate Members

Back 45

- President Pro Tempore - Daniel Inouye
- Majority Leader - Harry Reid
- Majority Whip - Richard Durbin
- Minority Leader - Mitch McConnell
- Minority Whip - Jon Kyl

Front 46

Whip

Back 46

Party leader who keeps close contact with all members of his or her party, takes vote counts on key legislation, prepares summaries of bills, and acts as a communications link within a party.

Front 47

Types of Committees

Back 47

1. Standing Committees
2. Joint Committees
3. Conference Committees
4. Select (or special) Committees

Front 48

Standing Committee

Back 48

The committees to which bills are referred for consideration; they are so called because they continue from one Congress to the next.

Front 49

Joint Committee

Back 49

Standing committee that includes members from both houses of Congress set up to conduct investigations or special studies.

Front 50

Conference Committee

Back 50

Special joint committee created to reconcile differences in bills passed by the House and Senate.

Front 51

Select (or special) Committee

Back 51

Temporary committee appointed for a specific purpose.

Front 52

Discharge Petition

Back 52

Petition that gives a majority of the House of Reps the authority to bring an issue to the floor in the face of committee inaction.

Front 53

Markup

Back 53

A session in which committee members offer changes to a bill before it goes to the floor.

Front 54

Hold

Back 54

A tactic by which a senator asks to be informed before a particular bill or nomination is brought to the floor. This request signals leadership that a member may have objections to the bill (or nomination) and should be consulted before further action is taken.

Front 55

Filibuster

Back 55

A formal way of halting Senate action on a bill by means of long speeches or unlimited debate.

Front 56

Cloture

Back 56

Mechanism requiring 60 senators to vote to cut off debate.

Front 57

Pocket Veto

Back 57

If Congress adjourns during the 10 days the president has to consider a bill passed by both houses of Congress, the bill is considered vetoed without the president's signature.

Front 58

Congressional Budget Act of 1974

Back 58

Act that established the congressional budget process by laying out a plan for congressional action on the annual budget resolution, appropriations, reconciliation, and any other revenue bills.

Front 59

Reconciliation

Back 59

A procedure that allows consideration of controversial issues affecting the budget by limiting debate to 20 hours, thereby ending threat of a filibuster.

Front 60

Pork

Back 60

Legislation that allows representatives to bring money and jobs to their districts in the form of public works programs, military bases, or other programs.

Front 61

War Powers Act

Back 61

Passed by Congress in 1973; the president is limited in the deployment of troops overseas to a 60-day period in peacetime (which can be extended for an extra 30 days to permit withdrawal) unless Congress explicitly gives its approval for a longer period.

Front 62

Congressional Review

Back 62

A process whereby Congress can nullify agency regulations by a joint resolution of legislative disapproval.

Front 63

Trustee

Back 63

Role played by an elected representative who listens to constituents' opinions and then uses his or her best judgment to make a final decision.

Front 64

Delegate

Back 64

Role played by an elected representative who votes the way his or her constituents would want him or her to, regardless of his or her own opinions.

Front 65

Politico

Back 65

Role played by an elected representative who acts as a trustee or as a delegate, depending on the issue.

Front 66

Logrolling

Back 66

Vote trading; voting to support a colleague's bill in return for a promise of future support.