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211 Cards in this Set
- Front
- Back
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Habeas corpus |
The legal doctrine that a person who is arrested must have a timely hearing before a judge |
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What is a statement about the powers of the presidency under the constitution? |
The language of the constitution is quite vague about the powers the president has and does not have and allows for the expansion of presidential power without constitutional amendment |
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What event prompted president George w. Bush to embark on a massive expansion of presidential power? |
The 9/11 terrorist attacks |
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What is an action that would most likely conform to the founders expectations about the proper role of the president? |
The president executing policy passed by Congress without the use of signing statements or without raising questions about the laws constitutionality |
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When did the era of largely "dormant" presidencies end? |
During the early 1900s when the United States started to take a more active role in foreign-policy |
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When did the most significant expansion of presidential function occur? |
Under franklin Delano Roosevelts new deal and during mobilization of the country for World War II |
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State of the union |
Annual report to the nation by the president, now delivered before joint session of Congress, on the state of the nation and his legislative proposals for addressing national problems |
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Executive orders |
An agreement with another country signed by the president that has the force of law, like a treaty; does not require Senate approval |
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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 federal bureaucracy personnel and units without interference from the other federal branches |
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Treaties |
A formal international agreement between two or more countries; in the United States, requires the "advice and consent "of the state |
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Executive agreements |
In agreement with another country signed by the president that has the force of law, like a treaty; does not require Senate approval |
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What position is the chief executive in the United States |
President |
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What is the main function of the chief of state? |
Performing ceremonial duties like attending funerals of important people |
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The requirement for the president submit an annual federal government budget to Congress worth consideration is authorized by ____ |
Budget act of 1921 |
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The annual report to Congress and the nation by the president is known as ____ |
State of the union |
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The annual report to Congress and the nation by the president is known as ____ |
State of the union |
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Who has the power to declare war? |
Congress |
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Institutional presidency |
The permanent bureaucracy associated with the presidency, designed to help the incumbent of the office carry out his responsibilities |
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Institutional presidency |
The permanent bureaucracy associated with the presidency, designed to help the incumbent of the office carry out his responsibilities |
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Chief of staff |
A top adviser to the president who also manages the White House staff |
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Institutional presidency |
The permanent bureaucracy associated with the presidency, designed to help the incumbent of the office carry out his responsibilities |
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Chief of staff |
A top adviser to the president who also manages the White House staff |
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National security adviser |
A top foreign policy and defense adviser to the president who heads the national security council (keeps the president updated on threats and such in the us and offers advice) |
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Executive office of the president EOP |
A group of organizations that advise the president on a wide range of issues |
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Executive office of the president EOP |
A group of organizations that advise the president on a wide range of issues |
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Office of management and budget OMB |
An organization within the executive office of the president that advises on the federal budget, domestic legislation, and regulations |
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Council of economic advisers CEA |
An organization in the executive office of the president made up of a small group of economists who advise on economic policy |
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National security council NSC |
An organization in the executive office of the president made up of officials from the state and defense departments, the CIA, and the military, who advise on foreign and security affairs |
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Intelligence advisory board |
An organization in the executive office of the president that provides information And assessments to the presidents director of national intelligence and to the president directly |
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The term for the permanent bureaucracy associated with the presidency is _____ |
Institutional presidency |
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The term for the permanent bureaucracy associated with the presidency is _____ |
Institutional presidency |
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The top adviser to the president is ____ |
The chief of staff |
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Which organization advises the president on how much the administration should propose to spend for each government program and where the money will come from? |
Office of management and budget |
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Which organization advises the president on how much the administration should propose to spend for each government program and where the money will come from? |
Office of management and budget |
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This amendment fixed the problem with the original constitution whereby the person with the second most electoral votes would become Vice President |
12 amendment |
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What is a statement about the president cabinet that is false? |
The president must, constitutionally, appoint a cabinet but not need take their advice or meet with the cabinet members |
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Divided government |
Control of the executive and legislative branches by different political parties |
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Constitutionally, the US government is set up such that ____ |
All constitutional powers are shared |
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Constitutionally, the US government is set up such that ____ |
All constitutional powers are shared |
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Divided government requires___ |
The presidency to be controlled by one political party and at least one house of Congress to be controlled by the opposing party |
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What federal government officials will be on the ballot every two years? |
All members of the House of representatives and one third of the senators |
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The most important factor in determining the success or failure of a presidential legislative agenda is ___ |
If the presidents party controls both chambers of Congress |
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What is a false statement about vetoes? |
Recent presidents like Clinton, Bush, and Obama have issued more vetoes than all other presidents combined |
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Presidential job approval |
The percentage of Americans who believe the president is doing a good job |
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Which of the following best describes what the founders thought about the relationship between the president and the people? |
The president should be relatively distant from the people, interacting with Congress often but with the people only rarely |
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with few exceptions, most presidents tend to ___ |
Lose popularity as time passes |
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The term used to describe the percentage of Americans who believe the president is doing a good job is ____ |
Presidential job approval |
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Identify the many roles presidents play |
Chief of state, chief executive, domestic policymaking leader, foreign-policy and military leader, and head of their political party |
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Assess how democratic the presidency is and whether presidents respond to the public |
The presidency has become a far more democratic office than the framers envisioned: the people play a more important role in the election of the president, and research shows that presidents listen to public opinion and respond to it most of the time |
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Federal bureaucracy |
The totality of the departments and agencies of the executive branch of the national government |
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Federal bureaucracy |
The totality of the departments and agencies of the executive branch of the national government |
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Civil servants |
Government workers emplo under the merit system; not political appointees |
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Federal bureaucracy |
The totality of the departments and agencies of the executive branch of the national government |
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Civil servants |
Government workers emplo under the merit system; not political appointees |
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Civil-service |
Federal government job employees, excluding political appointees |
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The federal bureaucracy is associated with which branch or branches of government? |
Executive |
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The federal bureaucracy is associated with which branch or branches of government? |
Executive |
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What is a key characteristic of an ideal bureaucracy? |
There is a clear chain of command and a set of formal rules to guide behavior |
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The federal bureaucracy is associated with which branch or branches of government? |
Executive |
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What is a key characteristic of an ideal bureaucracy? |
There is a clear chain of command and a set of formal rules to guide behavior |
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Unlike most bureaucracies in other democracies, the American federal bureaucracy ____ |
Has two bosses: the president and Congress |
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Departments |
Generally the largest units in the executive branch, each headed by a cabinet secretary |
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Bureaus |
Generally a subunit of a cabinet department |
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Agencies |
General name used for a subunit of a cabinet department |
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Independent regulatory commissions |
And 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 |
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Independent regulatory commissions |
And 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 |
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Independent executive agencies |
A unit of the executive branch outside the control of executive departments |
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Government corporations |
A unit in the executive branch that operates like a private business but provides some public service |
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Quasi governmental organizations |
An organization that has governmental powers and responsibilities but has substantial private sector control over its activities |
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Quasi governmental organizations |
An organization that has governmental powers and responsibilities but has substantial private sector control over its activities |
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Foundations |
And entity of the executive branch that supports the arts or science is and is designed to be somewhat insulated from political interference |
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Cabinet level secretaries are appointed by the _____ and approved by the _____ |
President; senate |
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The most recent executive branch department to be created is the department of ____ |
Homeland security |
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The most recent executive branch department to be created is the department of ____ |
Homeland security |
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Subdivisions within departments are called _____ |
Bureaus and agencies |
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What is the key difference between an independent regulatory commission and an independent executive agency? |
Independent regulatory commissions are protected against direct presidential or congressional control while independent executive agencies have to report directly to the president |
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The Federal Reserve Board is an example of an |
Quasi governmental organization |
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Bureaucrats |
A person who works in a bureaucratic organization |
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Cost-benefit analysis |
A method of evaluating rules and regulations by weighing their potential costs against their potential benefits to society |
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What best describes what bureaucrats do? |
The exercise great discretion in the implementation of laws, often writing specific rules and creating policy |
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What is a statement about the relationship between Congress and the bureaucracy that is most accurate? |
Congress retains control over the federal bureaucracy but delegates much lawmaking power |
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Federal bureaucracy's ability to conduct quasi-judicial hearings to resolve disputes is known as ____ |
Adjudicating |
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Spoils systems |
Practice of distributing government offices and contracts to the supporters of the winning party; also called patronage |
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Spoils systems |
Practice of distributing government offices and contracts to the supporters of the winning party; also called patronage |
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Patronage |
The practice of distributing government offices and contracts to the supporters of the winning party; also called the spoils system |
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Recess appointments |
Presidential action to temporarily fill executive branch positions without the consent of senate; done when Congress is adjourned |
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From the election of Andrew Jackson in 1828 until the late 19th century, the executive branch was staffed through what is commonly called the ____ |
Spoils system |
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What is patronage in the context of the bureaucracy? |
A system of appointment based on loyalty to the presidents party |
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What was the catalyst for changing the spoil system to merit based system? |
The assassination of President James Garfield |
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The highest policy making positions in the federal bureaucracy enter government service by ____ |
Political appointment |
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The president has the power to bypass the senate to fill executive branch positions when ____ |
Congress officially adjourns |
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Unitary executive |
Constitutional doctrine that proposes that the executive branch the under the direct control of the president, who has authority necessary to control the actions of federal bureaucracy personnel and units without interference from the other federal branches |
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Appropriation |
Legal Authority for a federal agency to spend money from the US treasury |
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Why are presidents often frustrated with bureaucracy? |
Because the bureaucracy is so large and complex that it is hard to get all agencies to obey presidential directives |
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Presidents have a number of ways to encourage bureaucratic compliance. What is not a way? |
The president can hire and fire all noncomplying bureaucrats |
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Congress has a number of ways to encourage bureaucratic compliance. what is not a way? |
Congress can appointments own agency heads, overruling a presidential appointment by two thirds vote of the senate |
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A ___ bill is needed for an agency to be able to legally spend money from the US treasury |
Appropriation |
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What is the purpose of inspectors general? |
They report to Congress about whether or not an agency is wasteful or abusing power |
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Privatization |
Turning over certain government functions to the private sector |
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Red tape |
Overbearing bureaucratic rules and procedures |
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Whistle blowers |
People who bring official misconduct in their agencies to public attention |
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Which of the following statements about the number of federal and state/local government employees is true? |
While the number of federal employees has declined, the number of state and local government employees has risen |
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What term is used for turning over certain government functions to the private sector? |
Privatizing |
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Which of the following is a solution to excessive red tape and is the motivation behind "reinventing government"? |
Making government more businesslike |
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What is a whistle blower? |
A person who reports corruption or abuses of power |
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Judicial review |
The power of the Supreme Court to declare actions of the other branches and levels of government unconstitutional. |
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Original jurisdiction |
The authority of a court to be the first to hear a particular kind of case |
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Where in the constitution are the powers and responsibilities of the judicial branch explained? |
Article 3 |
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The language of the constitution is ____ with respect to the judiciary |
Vague |
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Where in the constitution is the power of judicial review listed? |
It is not explicitly mentioned in the constitution |
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What is the power of judicial review? |
The power of the court to declare state and federal laws and actions Null and void when they conflict with the Constitution |
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Power of judicial review was established in ___ |
Marbury versus Madison (1803) |
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Constitutional courts |
Federal courts created by Congress under the authority of article 3 of the constitution |
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Constitutional courts |
Federal courts created by Congress under the authority of article 3 of the constitution |
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Legislative courts |
Highly specialized federal courts created by Congress under the authority of article 1 of the Constitution |
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Grand juries |
Groups of citizens to decide whether there is sufficient evidence to bring an indictment against the accused persons |
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Petit (trial) juries |
Juries that here evidence and sit in judgment on charges brought in civil or criminal cases |
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Circuit courts |
The 12 geographical jurisdictions and one special court that hear appeals it from the federal district courts |
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Appellate courts |
Courts that hear cases on appeal from other courts |
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Briefs |
Documents setting out the arguments in legal cases, prepared by attorneys and presented to courts |
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Opinion |
The explanation of the majorities and the minorities reasoning that accompanies a court decision |
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Opinion |
The explanation of the majorities and the minorities reasoning that accompanies a court decision |
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Precedents |
Past rulings by courts that guide judicial reasoning in subsequent cases |
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Stare decisis |
The legal doctrine that says precedent should guide judicial decision-making |
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How many court systems are there in the United States? |
51 |
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What court records are mentioned in the original constitution? |
Only the Supreme Court |
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How many Federal courts of appeal are there? |
13 |
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What are legislative courts? |
Courts created by Congress to adjudicate cases in highly specialized areas of concern, like taxes |
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Once appellate decisions are published, they become ____ that guide the decisions of other judges in the same circuit |
Precedents |
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Senatorial courtesy |
The tradition that a judicial nomination for a federal district court seat 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 |
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Senatorial courtesy |
The tradition that a judicial nomination for a federal district court seat 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 |
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Standing |
Authority to bring legal action because one is directly affected by the issues at hand |
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Senatorial courtesy |
The tradition that a judicial nomination for a federal district court seat 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 |
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Standing |
Authority to bring legal action because one is directly affected by the issues at hand |
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Executive privilege |
A presidential claim that certain communications with subordinates may be withheld from congress and the courts |
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What minimum qualifications must a federal judge have, according to Article III of the constitution? |
There are no constitutional qualifications to be a federal judge |
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How many women are on the current U.S. Supreme Court? |
3 |
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What is involved with "senatorial courtesy"? |
The president allows senior senators from his or her party to approve nominees to district courts |
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As of 2013 and in relation to presidential appointments, the filibuster can be used for ____ |
Only Supreme Court nominations |
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In order for someone to bring legal action, a person must have authority to do so because they are directly affected by the issues at hand. This term is called ___ |
Standing |
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Separate but equal doctrine |
The principle articulated in Plessy versus Ferguson (1896) that laws prescribing separate public facilities and services for non-white Americans are permissible if the facilities and services are equal to those provided for whites |
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Superprecedents |
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 |
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Plaintiffs |
One who bring suit in a court |
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In forma pauperis |
Describing the process by which indigents may file a suit with the Supreme Court free of charge |
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Writ of certiorari |
An announcement that the Supreme Court will hear a case on appeal from a lower court, its issuance requires the vote of four of the nine justices |
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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 before it will hear the case |
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Amicus curiae |
Latin for "a friend of the court"; describes a brief in which individuals not party to a suit may have their views heard |
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Amicus curiae |
Latin for "a friend of the court"; describes a brief in which individuals not party to a suit may have their views heard |
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Opinion of the court |
Written opinion of the majority |
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Concurring opinion |
The opinion of a justice who supports The majority decision but has different legal reasons for doing so |
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Concurring opinion |
The opinion of a justice who supports The majority decision but has different legal reasons for doing so |
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Dissenting opinion |
Presents the reasoning of the minority |
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When does the Supreme Court's term begin? |
The first Monday in October |
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This Supreme Court case created the separate but equal doctrine |
Plessy versus Ferguson (1896) |
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The Supreme Court is not allowed to issue a ruling in which of the following circumstances? |
Hypothetical cases |
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______ established that all defendants have a right to a lawyer in a criminal trial |
Gideon versus Wainwright (1963) |
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The "rule of four" is a principle that involves _____ |
Granting writs of certiorari |
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Lassiez fair |
Political economic doctrine that holds that government ought not interfere with the operations of the free market |
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Lassiez fair |
Political economic doctrine that holds that government ought not interfere with the operations of the free market |
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Judicial activism |
Actions by the courts that purportedly go beyond the role of the judiciary as interpreter the law and educator of disputes |
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Lassiez fair |
Political economic doctrine that holds that government ought not interfere with the operations of the free market |
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Judicial activism |
Actions by the courts that purportedly go beyond the role of the judiciary as interpreter the law and educator of disputes |
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Remedy |
An action that a court determines must be taken to rectify a wrong done by government |
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Lassiez fair |
Political economic doctrine that holds that government ought not interfere with the operations of the free market |
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Judicial activism |
Actions by the courts that purportedly go beyond the role of the judiciary as interpreter the law and educator of disputes |
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Remedy |
An action that a court determines must be taken to rectify a wrong done by government |
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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 |
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Strict construction |
The Doctrine that the provisions of the Constitution have a clear meaning and that judges must stick closely to this meaning when when rendering decisions |
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The first period in the history of constitutional interpretation focused on ____ |
National power property rights |
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Which justice led the charge for individual rights and liberties? |
Earl warren |
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The most criticized aspect of judicial activism is the tendency for federal judges to determine what must be done to rectify a wrong. What term is being described? |
Remedy |
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What is "original intent"? |
A Philosophy whose advocates believe the constitution should be guided by what the framers thought about a particular controversy |
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Based on its ruling's from 1864 to early 1930s the Supreme Court would most likely uphold of the following laws? |
Law that prevents the government from invalidating contract even if illegally secured |
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Test case |
A case brought to force a ruling on the constitutionality of some law or executive action |
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Class action suit |
A suit brought on behalf of a group of people who are in a situation similar to that of the plaintiffs |
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The Supreme Court cannot ____ |
Force others to obey its decisions |
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When an individual brings a case before the court on behalf of a group of people in a similar situation it is called a ____ |
Class action suit |
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Who files amicus curiae briefs? |
Interest groups |
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Civil liberties |
Freedoms found primarily in the bill of rights, the employment of which are protected from government interference |
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Bills of attainder |
A governmental decree that a person is guilty of a crime that carries the death penalty, rendered without benefit of a trial |
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Ex post facto laws |
A law that retroactively declares some action illegal |
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Prohibitions against bills of attainder, suspension of habeas corpus, and ex post facto laws can be found where? |
In the original constitution |
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Civil liberties are best defined as what? |
Freedoms enjoyed by citizens that are protected from government interference |
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Why was the Bill of Rights originally passed? |
Many citizens thought the original constitution did not grant enough liberties |
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Economic liberty |
The right to own and use property free from unreasonable government interference |
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Full faith and credit |
The provision in article IV, section 1 of the constitution which provides that states must respect the public acts, laws, and judicial rulings of other states |
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Contract clause |
The portion of article I, section 10 of the constitution that prohibits states from passing any law "impairing the obligations of contracts" |
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Due process clause |
The section of the 14th amendment the prohibits states from depriving anyone of life, liberty, or property "without due process of law", a guarantee against arbitrary or unfair government action |
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How did the Supreme Court shape economic liberty's during the 1800s? |
It generally granted many rights to individuals and corporations to conduct business free from government interference |
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What does the "full faith and credit" clause require? |
It requires states to recognize the acts, rulings, and contracts of other states |
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Why did the taney courts ruling in Dred Scott help bring on the Civil War? |
It declared that Congress could not regulate slavery in anyway, voiding national compromises made to avert a Civil War |
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Selective incorporation |
The gradual And piecemeal spread of the protections of the Bill of Rights to the states by the US Supreme Court |
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Privileges and immunities clause |
The portion of article IV, section 2 of the constitution that says that citizens from out of state have the same legal rights as local citizens in any state |
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Equal protection clause |
The section of the fourteenth amendment requiring states to provide equal treatment to all people within their boundaries |
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Nationalizing |
The process by which provisions of the Bill of Rights become incorporated. see incorporation |
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Incorporating |
The process by which the Supreme Court has made most of the provisions of the Bill of Rights binding on the states |
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Ordinary scrutiny |
The assumption that the actions of elected bodies and officials are legal under the constitution |
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Strict scrutiny |
The assumption that actions by elected bodies or officials violate the Constitution |
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Prior restraint |
The government's power to prevent publication, as opposed to punishment afterward |
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Obscenity |
As defined by the Supreme Court, the representation of sexually explicit material in a manner that violates community standards and is without redeeming social importance or value |
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Free exercise clause |
That portion of the first amendment to the constitution that prohibits Congress from impeding religious observance or impinging upon religious beliefs |
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Establishment clause |
The part of the First Amendment the constitution that prohibits Congress from Establishing an official religion; the basis for the doctrine of separation of church and state |
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Exclusionary rule |
A standard promulgated by the Supreme Court that prevents police and prosecutors from using evidence against a defendant that was obtained in an illegal search |
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Probable cause |
Legal doctrine that refers to a reasonable belief that a crime has been committed |
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Capital crime |
Any crime for which death is a possible penalty |
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Incorporation of the Bill of Rights refers to ____ |
The process of the Supreme Court ruling that state laws and practices must respect provisions in the Bill of Rights |
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Which of the following is not a standard a law must meet in order to pass the lemon test? |
the law must be a state law, rather than a national law |
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A capital crime is a crime ____ |
In which the accused is eligible for the death penalty |
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Barack Obama ______ of the anti-terrorism policies that civil liberties advocates had criticized the Bush administration for |
Continued many |
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National security letters are requests from the government requesting ____ |
Information on Americans telephone or financial records from private institutions |
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The Supreme Court ruled that people detained as "enemy combatants" ______ |
Have a right to a hearing to contest the basis of their detention |
