3 branches Flashcards
1
Q
what part of congress is more formal
A
house, has more rules due to more people
2
Q
key parts of house election
A
directly elected by people from the start, 2 years unlimited terms, winner take all
3
Q
qualifications of house
A
25 yo, 7 year citz, resident of state
4
Q
how many house people are ther
A
435 members
5
Q
how are house seats delegated
A
districts in each state, each state is given one minimum.
6
Q
how many non voting seats are in house
A
6
7
Q
what is a marginal vs safe seat
A
marginal is more competitive and safe is always one person
8
Q
election of senate parts
A
6 year unlimited terms, 17th amendement changes to direct election
9
Q
qualification of senator
A
30 yo, 9 year citizen, resident of state
10
Q
how are seats of senate delegated
A
2 per state
11
Q
how powerful is congress
A
seen to be the most powerful branch of governemnt
12
Q
when do senators get reelected
A
every 6 years, staggard for reasons for experience
13
Q
3 roles of legislation
A
law making, budgeting, oversight
14
Q
what is omb
A
office of managing budjeting
15
Q
what is cbo
A
cost benifit analysist for the projected budget, agency of congress
16
Q
What is Gao
A
Government accountability office looks after money being apporpriated
17
Q
What is GAO
A
Government accountability office, checks to see if money appropiated is being spent wisely
18
Q
what decides if some program is cut/ person is fired
A
GAO
19
Q
What power of congress holds hearing and grants immunity
A
oversight
20
Q
What checks on the president does congress have
A
Power of money, consent of nomination, consent for treaties, impeachment, override veto, oversight, propose amendments
21
Q
what checks on supreme court does congress have
A
set number of seates, creates inferior courts
22
Q
checks on congress
A
Veto from pres, judicial review
23
Q
What did aportionment act of 1842 do
A
reguired all districts to be represented by a single member in house
24
Q
what did appotionment act of 1911 do
A
capped it at 435 memebers
25
what is the order of things to redistrict
census, reapportion, redistrict
26
Who reapportions 435 seats
beuaro of census
27
What is mal apportionment
form of jerrymandering where there is a different number of people in each district
28
what is a majority minority line
most people are minority, gives representation in government
29
What are the advantages of the incumebncy on getting election
Name recognition, free mail, greater access to media, more experience, staff to help credit for money grants
30
What are the non legsislative powers of government
Propose amendment, advice and consent (senate only) investigations, impeachment, confirming vice president, choosing president by house, choose vp by senate
31
what is the day to day of congress determinded by
party leaders and comittee systems
32
House minority
zero power
33
senate minority
little power
34
what does the speaker of the house do
administrative role, second in line for president, committee assignments, enforce rules, represents party on floor
35
what does the majority whip doe in the house
assisit leadership, push party legislative programs, lets speaker know if it is time to bring bill to floor
36
minority whip do in the house
keeps party orginized
37
what are the consitutionally mandated officers in the senate
vice president is pres of senate, pres pro tempore presides when vp is not present and is the senior member of majority party
38
Majority leader in senate
does what speaker of house does with less power
39
majority whip in senate
same as house assisit leadership, push party legislative programs, lets speaker know if it is time to bring bill to floor
40
minority leader senate
has power to fillibuster
41
Standing committee
works on bills, permannat, subcommittes, 20ish in each chamber
42
select committe
only in one chamber, investigative purposes only, no lawmaking
43
confrence committee
makes 2 bills from both chambers one bill
44
joint comitee
same as select but both chambers
45
how are committes orginized
chair is usually a long serving member of majority party, make of committe represents the make up of congress, chair is speaker for comittee, ranking member is minority party leader for committee
46
staff types
personal staff, legislative aid, case worker (works from home), committe staff only for committee
47
who pays for staff
taxpayer
48
4 supporting offices of congress
CBO, GAO, Library of congress, priniting office
49
where do revenue bills start
house
50
how does a bill become a law through the house
Hopper, HR #, sent to proper committe and sub, passed by comittee, put on calander, rules committe gets it and sets rules, floor to vote
51
types of calandars for house
union calander (money) House calander (public bills) discharge (petition to get out of committe) private (private) consent (unanioumous vote)
52
how bill become a law through senate
IF new bill starts in senate then read on floor and given S#, sent to committe and sub, voted on by full, put on calander, floor....
53
2 types of calandar for senate
executive(treaties and nominations) general orders(Bills)
54
What is a filibuster and what is a Clothier
Filibuster is when they prohibit the ability to vote on a bill by talking for long ammounts of time on the floor, a Cloture is a vote to end that filibuster, requiring 3/5 of congress to do so
55
What are the 4 different outcomes that could happen once the bill gets through both houses of senate
1. sign it2. veto it3. sits on it and goes back to the standing congress and it becomes a law4. sits on it and it goes back to adjoiurned congress and it is vetoed
56
what happens if a bill is vetoed
sent back to original house of congress, if both houses get 2/3 vote, it is overturned
57
what happens if the 2 houses of congress pass 2 different bills
committee of confrence comes together to put it into one.
58
What is a resolution
Unsual or temporary actions by congress
59
Three types of Resolution
Simple, Joint, Concurent
60
What is a simple resolution
One chamber, non lawmaking, deals of some sort
61
What is a joint resolution
Mostly law making except propose amendment, temporary with both houses
62
what is concurent resolution
Not law making, agreement between both chambers, forming joint committee
63
What is a rider
some part of a bill that would not go in on its own, but it is taked onto a bill that will pass
64
what are the types of rider
non germain and germain, non means not related to the bill at all
65
what is it called when the bill is full of riders
ominibus bill
66
what is a mark up
all the changes that the committees do to billls
67
what is a Quorm
218 voters being neccesary to be there to vote on something
68
what does house do if there is a quorm but they want to work
Committee of the whole, everyone agrees to do buisness but not vote
69
what is a hold in the senate
where one person can express their opinion to investigate a promotion and hold the promotion
70
who is the traffic cop, what they do
the rules committee tells who can come and talk and stop them when time
71
How does congress take back monetary power over the president
1974 Budget impoundment control act, executive branch has to get congress approval before stopping the funding of certain programs
72
How does congress get power back in forgien power
the Wars Power Act of 1973, if the president is going to take action in war, he has to notify congress within 48 hr of the attack, He has 60 days to have troops w/o congress approval, after 60 days, congress decides to either take them back (he has 30 days to take back) or let them stay
73
What module of representing constituents is listening to individuals
Delegate module
74
What module of representing constituents is doing what they think is best
Trusty module
75
What module of representing constituents is balancing partisian and voters
Politico modult
76
What module of representing constituents is listeing to the party
Partisian mod
77
Power in Const. 1
Execute law
78
Power in Const. 2 power
commander and chief of army and navy
79
Power in Const. 3 dep
Executive department heads to answer to him in order to execute laws
80
Power in Const. 4 par
Power to pardon except impeachement and only federal offenses
81
Power in Const. 5 tre
power to make treaties that senate approves
82
Power in Const. 6 nom
nominates heads of departments, judicial heads, and foriegn heads
83
Power in Const. 7 state
must call state of union to let people know of his agenda
84
Power in Const. 8 adj
To call special session and adjourn congress
85
Power in Const. 9 amb
recieves ambassadors forigen power to diplomatic powers
86
Power in Const. 10 v
power to veto
87
Power in Const. 11 leg
power to recomend legislation through someone
88
Power in Const. 12 co
confirming forigen policy powers
89
Power informal 1 leg
bargin for legislation passing
90
Power informal 2 ex
excetutive orders to carry out laws
91
Power informal 3 ss
signing statements to explain laws
92
Power informal 4 ag
executive agreement, faster treaty
93
Power formal last p
pocket veto
94
Power informal 5 ep
executive privlage, classify documents
95
what is a bully pullpit
using a large platform
96
qualifications
35 yo natural born, 4 year terms, 2 term limit due to 22nd amendment
97
12th amendment
changed the electoral college system to everyone having 2 votes, 1 for president, 1 for vice presidemt
98
how many electoral votes
538
99
states that split votes
maine and nebraska
100
when is the inaguaration
january 20th, 20th amendment
101
what is the amendment that decided the succession line
25th amendment
102
vice presidents informal role
balance ticket
103
EOP
Executive office of president
104
Who is part of the buerocracy
no elected officials, everyone in the government that works for them
105
pros of buerocracy
orginization for tasks through rules to be effecient
106
federal civil servants
people not in millitary who worl for government
107
civil service reform act
aka pendelton act, have to take a test to get a government job
108
what replaces the civil service reform
OPM
109
What does the OPM do
creates standardized rules for how a job can be given in the government
110
types of government jobs and prerequisites
general service, excepted service , senior executive service
111
What type of government jobs require a testq
general service
112
Hatch act
buerocrates cannot promote poltics on the job
113
main functions of buerocracy
Promote the public welfare, Provide services, provide national security, maintain strong economy, revenue agency, economic development
114
Policy making steps
define problem, put on policy agenda, hope to get to congress, implempt through executive agency
115
Bureaucratic Adjudication
ability to act as judge to make the correct fines or penalties if not carried out
116
What is the EOP over
President, White house office, Agencys that help the president, Vice president; The Executive Office of the President (EOP) consists of the immediate staff to the President, along with entities such as the Office of Management and Budget and the Office of the United States Trade Representative.
117
What is one step removed from EOP
Cabinet departments, 14 secutaries, 1 attorney general dep of labor
118
How does heads of Cabinets happen
appointed by pres, approved by congress, pres can fire whenever
119
what is 2 steps removed from EOP
Independent executive agencies ex. NASA, sS FDIC
120
How do heads of independent executive agencys happen
president appoints and can fire
121
what is 3 steps from president
Independent regulatory agency SEC
122
How do heads of independent regulatory agencys happen
president appoints and can fire, but only fire based off preformance
123
reprieve
he temporary suspension of a prison sentence to release an offender under conditions which, if violated, permit his re-imprisonment.
124
22nd amendment
No person shall be elected to the office of the President more than twice
125
OMB
assists the President in overseeing the preparation of the Federal budget and evaluates the effectiveness of agency programs, policies, and procedures
126
Council of economic advisors
advises the President of the United States on economic policy.
127
CIA
independent executive agency that helps with counterterrism
128
coattail effect
the tendency for a popular political party leader to attract votes for other candidates of the same party
129
Line item veto
the power of an executive authority to nullify or cancel specific provisions of a bill, usually a budget appropriations bill, without vetoing the entire legislative package.
130
Imperial presidency
term used to describe a president as an emperor who acts without consulting Congress or acts in secrecy to evade or deceive congress.
131
Impoundment
where the president stops funds
132
Clinton v Jones
a case that answered Is a serving President entitled to absolute immunity from civil litigation arising out of events which transpired prior to his taking office? with no
133
Us vs nixon
lessened the suprememecy of the president
134
lame duck
time between presidents succesor election and the inaguaration 20th amendement
135
Clinton v NYC
Did the President's ability to selectively cancel individual portions of bills, under the Line Item Veto Act, violate the Presentment Clause of Article I? Yes.
136
What does the Office of Personnel Management do?
manages the civil service of the federal government, coordinates recruiting of new government employees, and manages their health insurance and retirement benefits programs
137
Whistleblower Protection Act
established to ensure that employees who engage in protected disclosure are free from fear of reprisal for their disclosures.
138
Issue networks
an alliance of various interest groups and individuals who unite in order to promote a common cause or agenda in a way that influences government policy
139
Iron triangle
used to describe the conspiratorial relationship between bureaucracies, congressional committees, and interest groups
140
Appropriation
A law of Congress that provides an agency with budget authority
141
INS v. Chadha
Did the Immigration and Nationality Act, which allowed a one-House veto of executive actions, violate the separation of powers doctrine? The Court held that the particular section of the Act in question did violate the Constitution
142
Gramm–Rudman–Hollings Balanced Budget Act
The Acts aimed to cut the United States federal budget deficit.
143
16th amendments
income tax
144
Federal Reserve System
The Federal Reserve System is the central banking system of the United States
145
EPA
The Environmental Protection Agency is an independent agency of the United States government tasked with environmental protection matters.
146
what are the supreme court judges named+ what are all the others named
Justice, judge
147
What do federal courts deal with
federal law, constitutional issues, treaties
148
what happens if a state is named in a court case
goes straight to supreme court
149
Common law
legal presented established by the court
150
regulatory ruling
looking at if a regulatory agency is legal or not
151
statutory ruling
looking through bills passed by congress to see if they are legal
152
What comes out of Marbury v madison
Judicial review
153
What does the Judiciary act of 1789 do
sets up a 3 court system
154
What types do district courts hear
Trial court, civil or criminal
155
what types do circut courts hear
only appealate civl or ciminal cases
156
what types do sup court hear
both original jurisdiction and appealate cases
157
how would a case be original jurisdiction in sup court
state or ambassador is in the case
158
ruling of the marbury v madison case
Marbury won, but it said that clause 13 of the judiciary act of 1789 was unconstitutional since it purported to extend the Court's original jurisdiction beyond that which Article III, Section 2, established. definition in the constitution. the ruling did not mean that Marbury got his postion though, just that it should not have been in the sc.
159
litigates in civil cases, who has burden of proof
plantiff (has burden of proof) the sue person, defendant was the person being sued
160
litigates in criminals cases
prosecution (burden of proof) is the government, defendant person in question
161
justiciablity
Justiciable refers to a matter which is capable of being decided by a court
162
amendment 6
fair speedy criminal trial
163
amendment 5
grand jury and due process
164
district criminal courts judges and juries
2 or more judges, 2 juries, Grand jury for indictment (see enough evidence for charge), pedit jury determines guilt
165
what are the 2 types of courts in district courts
regular, bankruptcy
166
district civil jury and judges
just pedit jury to determine guilt, maidtrate judges
167
what is a magistrate judge
appointed, fixed term, hearing pretrial motions only, in a district court
168
who has a US attorney
every district has one, there are many assistant attorneys workling with them
169
how does US attorney get office and what they do
appointed, aprv by congress, works with DOJ and rep gov if in case, prosecutes victims
170
what happens if you dont have an attorney
public defenders office provides you with one
171
how do circut courts get trials
they have to take all appeals
172
what happens if a criminals case is decided in district court
there can only be an appeal from the party if they assume a sentencing errors, the serious error of law, abuse of discretion, ineffective counsel, improper jury conduct, and prosecutorial misconduct. The federal government cannot appeal criminal cases
173
what are circut court trials about
legal, constitutional, not about guilt or innocence
174
how does circut come to agreement
3 jusge panel and its majority rules.
175
what courts are binding
supreme court, basically circut but not actually
176
what is remand back
in circut court when they are told to hear the trial again from previous courts
177
When is a Supreme court case chosen
if there is a big constitutional disagreement, if there is a discresion between circut and og jurisdiction and other og jurisdiction cases like treaties, states and forigen gov
178
what in congress sets number of seats
senate judiciary comitee
179
when does supreme court start
first monday of october- april
180
how is an appeal voted on to go to supreme court
the justices vote on petition and if 4 agree to take the case, there is a writ of certorar to send case up
181
what is the first thing that happens in a supreme court case
anyone can submit briefs by issuing amicus curide
182
what is the supreme court calander
docette
183
what happens after brief in sc+ what are both sides named
petetioner vs respondent, both get to talk for 30 min
184
what does the cheif justice do
presides over court, control budget, creates opinion on case and sets presendent on case
185
who represent the US in SC case
the solicitor general represents governemt and is appointed by the president
186
what is neccesary for the SC to vote on ruling
6 have to be there, 5 have to vote
187
what are the different types of opinion
majority, concuring (voted w maj for diff reason), decenting (minority voting)
188
when can an opinion be issued
only on fully heard cases
189
what is an unsigned opinion
pqrceium opinion where they go through briefs and issue opinion
190
what are non chief members of supreme court named
associate justices
191
what is judicial implementation
where they call on executive branch to implement the policy
192
what is judical restraint
trying to let legistaltion do their job
193
what is judicial activism
legislation from bench
194
senatorial coirtesy
president speaks with senators from state of appointed district court and make sure they are respectable.
195
Writ of Certiorari
court process to seek judicial review of a decision of a lower court to the supreme court
196
Writ of Mandamus
order from a court to an inferior government official ordering the government official to properly fulfill their official duties
197
Stare decisis
the legal principle of determining points in litigation according to precedent. AKA precedent
198
majority opinion
A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision
199
dissenting opinion
A dissenting opinion is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment.
200
appellate jurisdiction
the Court has the authority to review the decisions of lower courts
201
Original jurisdiction
Original jurisdiction means that the Supreme Court is the first, and only, Court to hear a case. The Constitution limits original jurisdiction cases to those involving disputes between the states or disputes arising among ambassadors and other high-ranking ministers.
202
Political Question doctrine
rule that Federal courts will refuse to hear a case if they find that it presents a political question.
203
Standing to sue
Standing to sue refers to having the right to file a lawsuit. The plaintiff must provide sufficient evidence to convince the jury that the defendant's conduct directly resulted in the plaintiff's injuries and damages.
204
Legislative courts
Courts that hear only certain types of cases such as bankrupcy
205
constitutional courts vs legislative courts
Constitutional courts exercise the judicial power described in Art. III of the Constitution; legislative courts do not and cannot
206
What is the original intent?
the notion that the judiciary should interpret the Constitution (including its amendments) in accordance with the understanding of its framers
207
Class action
one of the parties is a group of people who are represented collectively by a member or members of that group.
208
amicus curiae
An amicus curiae is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case.
209
Concurring opinion
an appellate opinion of one or more justices or judges which supports the result reached in a case for reasons not stated in the majority opinion.
210
dual court system
state and federal matters are handled separately.
211
litmus test
a litmus test is a question asked of a potential candidate for high office, the answer to which would determine whether the nominating official would proceed with the appointment or nomination.
212
adversary system
adversary system resolves disputes by presenting conflicting views of fact and law to an impartial and relatively passive arbiter, who decides which side wins what
213
Grand Jury
The purpose of the Grand Jury is to hear testimony from witnesses and review the State's evidence to determine if there is probable cause to issue an indictment against a suspect
214
Plea Bargin
A defendant agrees to admit they are guilty of a criminal offense, rather than making the prosecutor prove their guilt beyond a reasonable doubt.
215
warren court
The Warren Court was the period in the history of the Supreme Court of the United States during which Earl Warren served as the chief justice.
216
Burger court
1969 to 1986, when Warren Burger served as Chief Justice
217
Marshall court
1801 to 1835, when John Marshall served as the fourth Chief Justice
218
Rehnquist court
William Rehnquist served as Chief Justice
219
due process
due process, a course of legal proceedings according to rules and principles that have been established in a system of jurisprudence for the enforcement and protection of private rights
220
Equal protection clause
clause of the 14th amendement that restricts states: nor shall any State deprive any person of life, liberty, or property,
221
Exclusionary rule
a law that prohibits the use of illegally obtained evidence in a criminal trial.
222
Incorporation
The incorporation doctrine is a constitutional doctrine through which parts of the first ten amendments of the United States Constitution (known as the Bill of Rights) are made applicable to the states through the Due Process clause of the Fourteenth Amendment. Incorporation applies both substantively and procedurally.
223
Prior restraint
judicial suppression of material that would be published or broadcast, on the grounds that it is libelous or harmful. In US law, the First Amendment severely limits the ability of the government to do this.
224
Symbolic speech
Symbolic speech consists of nonverbal, nonwritten forms of communication, such as flag burning, wearing arm bands, and burning of draft cards
