Block 2: Formal Actors (Key Terms) Flashcards
subjective vs. objective
(control of the military)?
Subjective - Military is intertwined in civilian affairs and civilan groups attempt to dominate it by aligning it with civilian group interest
Objective - The military is given strict autonomy in its professional sphere while remaining nonpartisan and subordinate to cvilian leadership (Civilans set policy -> Military provide options and execute)
political vs. partisan?
Political - The military is inherently political in its role of providing strategic and ensuring national security.
Partisan - The military should avoid aliging with party ideals or fixations to maintain professionalism and uphold objective civilian control.
expertise (civ control?)
Management of violence, knowledge, and strategic decision-making
corporateness (civ control?)
Military sense of identy and instituionality differentiates it from society:
(1) Self-police
(2) Rank Structure
(3) Shared Unity
responsibility (civ control?)
The military has a ‘special social responsibility’ to execute lawful orders and advise policymakers.
bicameral legislature?
A two-chamber leg comprising of the Senate and the House of Representatives.
impeachment?
The House can charge federal officials with misconduct. From there, the Senate decides if they shall be removed.
filibuster?
A Senate procedure that allows a minority of senators to delay or block legislation by extending debate indefinitely.
cloture?
The procudure to end a filibuster and force a vote in the Senate (requires a supermajority) - 60 votes in Senate
veto?
The president’s power to reject a bill passed by Congress
elastic clause?
Article I, Section 8: Congress has the power to make all laws ‘necessary and proper’ for exeucting its enumerated powers
commerce clause?
Article I, Section 8: Congress has the power to regulate interstate and international commerce.
incumbency advantage?
The idea that current officeholders have in elections, making it easuer for them to be re-elected.
pork-barrel spending?
Government spending directed toward a specific local project to benefit a legislator’s district, often to gain political support.
gerrymandering?
The practice of drawing congressional district boundaries to favor one politicla party over another.
advertising?
Efforts by politicians to increase their name recognition and positive public perception without focusing on policy positions.
credit claiming?
When legislators take responsibility for policies or government actions that benefit their consitituents, even if they only played a minor role.
position taking?
Publicly stating a stance on a issue to appeal to voters, often through speeches, press releases , or votes on symbolic legislation.
standing commitee?
A committe that handles legislation and oversight in a specific policy area
mark up?
The process by which congressional comitees review, amend, and finalize a bill before it moves to the full chamber
conference commitee?
A temporary, bipartisan comitte made up of members from both the House and Senate that reconciles differences between different versions of a bill
(After subcomitees and commitees this happens).
oversight?
The authority of Congress to monitor and investigate the executive branch and federal agencies to ensure laws are properly implemented.
unitary executive theory?
The idea that the presidents has broad, unilateral contorl over the executive branch, with minmal interference from Congress.
executive agreement?
An agreement between the president and another foreign leader that does not require Senate approval (diff from a treaty)
executive order?
A directive issued by the president that has the force of law but does not require congressional approval.
limited presidency theory?
The belief that the president’s power is strictly limited to what is explicity granted by the Constitution.
executive privilege?
THe president’s power to withhold certain communications from Congress, usualy for national security reasons.
stewardship theory?
The idea that the president can take any action not explicitly prohibited by the Consitution, allowing for expanse of power.
Executive Office of the President?
A group of agencies and avisors that help the president manage the executive branch and implement policies.
cabinet?
A group of president-selected advisors, who assist in policy decisions. (Sec Def, Sec State, etc.)
bully pulpit?
The president’s ability to use their platform to influence public opinion and push their agenda.
permanent campaign?
The concept that modern presidents are constantly campaigning for public support, even while in office.
Formal vs. Informal Powers
Formal - Explicitly granted in the Constitution (i.e veto, commander in chief)
Informal - Powers not explicilty stated but devloped over time (i.e executive orders, nataional security directives, power of persuasion)
Unilateral Action
When the president takes independent action without Congressional approval or the courts
Rhetorical Presidency?
The shifts of presidents using direct apeals to gain public support instead of through Congressional backing.
Marbury v Madison?
Allowed the courts to strike down unconstitutional laws (judical review)
Original Jurisdiction?
The authority of a court to hear a case first, before any other court. The Supreme Court has original jurisdction in cases involving disputes between states or foreign diplomats
Appellate Jurisdiction?
The authority of a court to review decisions made by lower courts.
District Courts?
The lowest level of the federal court system where trails are held and cases are first heard
Courts of Appeals?
Intermediate federal court that reviews decisions made by district courts. Does not hold trails but determine whether legal errors were made
Writ of Certiorari?
A formal request for the Supreme Court to hear a case. The court grants certiorari when at least 4 justices agree ot hear it.
Majority Opinion?
The official ruling of the Supreme Court, written by a justice in majority, explaining legeal reasoning behind the decision.
Concurring Opinon?
A seperate opinion written by a jsutice who agrees with majority opinon but for different reasons
Dissenting Opinion
An opinon written by a justice who disagrees with the majority decision
Sources of Law that Constrain the Federal Judiciary
- U.S Constitution
- Statutory Law
- Regulatory Law
- Case Law (Precedents from judicial decisions)
Precedent?
A legal principle established in previous cases that courts follow in fture cases.
Judicial Restraint?
The belief that courts should derfer to the decisions of the legislative and executive branches and avoid overturning laws unless absolutely necessary.
Judicial Activism?
The belief that courts should play an active role in shaping policy by striking down unjust laws and expanding rights
Statutory Law?
Laws made during legislative sessions
Regulatory Laws?
Laws made by Govt. agencies
