Ch. 2 Study Guide Terms Flashcards
Article I
creates a Congress consisting of a Senate and a House of Representatives.
Enumerated powers
the powers granted to the Federal government, and specifically Congress, which are mostly listed in Article I, Section 8 of the U.S. Constitution.
Implied Powers
political powers granted to the United States government that aren’t explicitly stated in the Constitution.
House of Representatives
The United States House of Representatives is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together, they comprise the national bicameral legislature of the United States. United States House of Representatives.
Speaker of the House
The speaker is the political and parliamentary leader of the House and is simultaneously its presiding officer, de facto leader of the body’s majority party, and the institution’s administrative head. Speakers also perform various other administrative and procedural functions.
US Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
Senate Majority Leader
the person who has the most power in the Senate and is the head of the party with the most seats
Constituency
a body of voters in a specified area who elect a representative to a legislative body.
Bicameralism
a system of government in which the legislature comprises two houses.
Legislative Committees
groups of Members appointed to investigate, debate, and report on legislation.
Party Whips
ensures unity and party discipline
Essentially threatens members of their own party to get hwat they want
Filibuster
talkinggg and talkinggg
Hold
An informal practice by which a senator informs Senate leadership that he or she does not wish a particular measure or nomination to reach the floor for consideration.
Mandatory Spending
REQUIRED BY LAW to pay for entitlement programs
Social security, medicare (old people) , and medicaid (at or below the poverty line)
Third rail - you cant come for it without getting unelected
Because old people love voting !!
Discretionary Spending
Approved annually for defense, education, infrastructure, erc.
Can fluctuate based on economic and tax conditions
Pork Barrell Spending
politicians spending taxpayer money on their constituents primarily to generate political support
Legislative Logrolling
combine multiple bills into one to get more votes
You COMBINE so that more people will be like yeahhhh
Reapportionment
The change in the # of reps that each state has based on population
Gerrymandering
the intentional use of redistricting to benefit a specific interest or group of voters (ex - Group A)
Eldridge Gerry made it and the federalists were like ayyy that looks like a salamander. And thus gerrymandering was born
Baker v. Carr
districts didn’t have even populations - supreme court made them fix it
held that federal courts could hear cases alleging that a state’s drawing of electoral boundaries, i.e. redistricting, violates the Equal Protection Clause of the Fourteenth Amendment of the Constitution.
In Tennessee, more people moved to Shelby county. Though the state was supposed to redistrict after the census, they didn’t. Charles Baker argued that this was a violation of the 14th amendment because his vote was counting less then the people’s votes in a rural county.
The Supreme Court has the authority to review state redistricting plans, and the equal protection clause requires legislative district boundaries to be drawn to have roughly the same number of constituents under the principle of “one man, one vote”
Shaw v. Reno
A case in which the Court held that the redistricting of North Carolina was evidence of an attempt to separate voters based on race
Using the Shaw v. Reno decision, the justices decided that using racial reasons for redistricting is unconstitutional. Since Georgia’s General Assembly used “race for its own sake and not other districting principles,” their actions were rendered unconstitutional.
The Supreme Court overturned the race-conscious drawing of a strangely shaped legislative district.
Trustee Model
Emphasizes the experience and wisdom of the representative
Willing to ignore “passions” of constituents and do “what’s right”
JFK wrote a book on this
Fienstien video - “I’m wise, you should just listen to me”
Delegate Model
Emphasizes the beliefs and desires of constituents
Will compromise personal beliefs to match those tey represent
the idea that the main duty of a membrr of Congress is to carry out constituent’s wishes.
Politico Model
Primarily focused on voting with their political party
Combines both of the other models
representation where membrrs of Congress balance their choices with the interests of their constituents and parties in making decisions
Article II
describes the executive branch / lists its enumerated powers. (things like state of the union, etc)
Veto
YOINK a bill because youre the president, babey!
Pocket Veto
an informal veto caused by when the [resident chooses not to sign a bill within ten days, during a tie when Congress has adjourned at the end of a session.
Treaties
a formally concluded and ratified agreement between countries.
Executive Order
policy directives issued by presidents that do not require congressional approval
Directive for executive agencies
Implied by power to manage federal government
Executive Privilege
a right claimed by presidents to keep certain conversations, records, and transcripts confidential from outside scrutiny, especially that of Congress
Signing Statement
written comments issues by presidents while signing a bill into law that usually consist of political steatements or reasons for signing the bill but that may also include a president’s interpretation of the law itself
War Powers Resolution (‘74)
a law passed over President Nixon’s veto that restricts the power of the president to maintain troops in combat far more than sixty days withpout congressional authorization
AP TIP - The War Powers Resolution is important because it was an attempt by Congress to limit the power of the [resident as commander in chief. It might appear on the AP exam
Check on President during Nixon
Only respond to attack on US territory or US soil (Notify in 48 houurs)
Must get congressional approval after 60 days
Because of Nixon - vietnam was considered a police thing or a special military action
Considered a bit useless .. ?
Executive Cabinet
The Cabinet is an advisory body made up of the heads of the 15 executive departments. Appointed by the President and confirmed by the Senate, the members of the Cabinet are often the President’s closest confidants.
White House staff / Executive Office of the President (EOP)
a collection of offices within the White House organization designed to mainly provide information to the president
Communicates presidential message
Advises president on economic, security, or policy issues
Presidential Appointment Powers
The Appointments Clause of the United States Constitution empowers the President of the United States to nominate and, with the advice and consent (confirmation) of the United States Senate, appoint public officials.
Senate confirmation
Whenever a U.S. president nominates someone to fill a position in an administration — whether it’s just after the election or another time during the president’s term in office — that nominee’s appointment must be confirmed by the U.S. Senate. Somewhere between 1,200 and 1,400 government positions require confirmation.F
Judicial Life Tenure
provides that federal judges may serve in their offices during good behavior without limit.
Chief Executive / head of government
Enforce all federal laws (lead executive agencies)
Commander in Chief
Commands and controls armed forces (can’t declare war)
Chief Diplomat
Receives diplomats and is leader for foreign policy
Chief of Party
Represents the political parties ideas and values
Chief Legislator
Recommends legislation & veto (pocket veto) bills
Federalist 70
Hamilton argues that an energetic single executive will protect against foreign attacks, provide for the administration of laws, and protect liberty and property. He also argues that a single executive can be held more accountable by the public.
22nd Amendment
Limits president to two terms
25th Amendment
Established line of succession (Pres - VP - Speaker - etc.)
Step-in person can appoint VP - with majority vote from Congress
Can voluntarily and temporarily step down
Can be removed by VP and majority of cabinet members (VP and majority removed president and the VP takes over)
Formal (or Enumerated) Powers
those given to the president explicitly in the Constitution.
Informal Powers
though not laid out in the text, are necessary to carry out expressed powers / presidential duties.
Bully Pulpit
A bully pulpit is a conspicuous position that provides an opportunity to speak out and be listened to. This term was coined by United States President Theodore Roosevelt, who referred to his office as a “bully pulpit”, by which he meant a terrific platform from which to advocate an agenda.
Article III
establishes the federal judiciary.
the weakest of the branches
Federalist 78
argument by Alexander Hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties but would serve as a check on the other two branches. (assured sketpic anti-federalists)
Hamilton argues taht the judiciary will act impartially and is insulated from politics. He also argues that the judiciary is the weakest branch.
Alexander Hamilton argued that an independent judiciary was essential for preserving liberty and upholding the checks and balances of the constitution
In order to u[jold thism argued that federal judges should be appointed for life, and their salaries protected. Practice still stands today.
Marbury v. Madison (1803)
the Supreme Court decision that established judicial review over federal laws
Madison’s refusal to deliver the commission to Marbury
unanimous 4–0 decision against Marbury
Judicial Review
the authority of the Supreme Court to strike down a law or executive action if it conflicts with the Constitution
Judicial Independence
judges are not subject to pressure and influence and are free to make impartial decisions based solely on fact and law. An independent judge can assure that your case will be decided according to the law and the facts and not a shifting political climate.
Judicial Precedent
court decision that is considered as authority for deciding subsequent cases involving identical or similar facts, or similar legal issues.
Original Jurisdiction
Rules first on issues involving multi-state suits, “ambassadors, or other public ministers”.
Appellate Jurisdiction
Authority to hear and review decisions of lower courts on issues of federal law or constitution
Writ of Certiorari
SCOTUS agrees to hear case (150/7000)
Judicial restraint
a philosophy of constitutional interpretation that justices should be cautious in overturning laws
Judicial activism
a philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies.
Judicial originalism
a theory of interpreting legal texts holding that a text in law, especially the U.S. Constitution, should be interpreted as it was understood at the time of its adoption.
Judicial textualism
asserts that a statute should be interpreted according to its plain meaning and not according to the intent of the legislature, the statutory purpose, or the legislative history.
Living constitution
the belief that the Constitution of the United States has relevant meaning beyond the original text and is an evolving document that changes over time.
Executive departments / Executive Cabinet and Agencies
State - Foreign affairs and international relations
Labor - Wage disputes, workpalace safety, workers rights, and unions
Homeland Securiry - Border security, terrorism, cyber security
Treasury - currency, tax collection, economic policy
Transportation - Highways and infrastructure, regulate air and rail travel
Defense - National security and armed forces
Transportation - Highways and infrastructure, etc etc etc
Defense -
Agriculture -
Energy -
Government corporations
government agency that is established by Congress to provide a market-oriented public service and to produce revenues that meet or approximate its expenditures.
Issue Network
webs of influence between interest groups, policy makers, and policy advocates
Iron Triangles
Bureaucracy, Congress, and interest groups ally on specific issue // all around ONE KEY ISSUE
Interest Groups: donate to congress and provide research to Bureaucracy
Congress: Passes laws and gives funding to agencies to enforce policy
Bureaucracy: Implement favorable regulations for that policy perspective
Political Patronage
filling of admiistrative positions as a reward for support, rather than merit.
Ironically did this to make it more impartial / neutral
Jackson and his supporters laid the foundation for the model federal bureaucracy
jacksonian era
Civil Service Merit System
- a system of hiring and promotion based on competitive testing results, education, and other qualifications rather than politics and personal connections.
Members of the civil service are supposed to behave neutrally
Discretionary (Rule Making) Authority
The power given to an agency to make decisions about the implementation of existing laws, using its discretion and judgment.
Security Exchange Commission
The Securities and Exchange Commission oversees securities exchanges, securities brokers and dealers, investment advisors, and mutual funds in an effort to promote fair dealing, the disclosure of important market information, and to prevent fraud.
Congressional Oversight
Congressional oversight hearings: investigate activity and publicie issues
Legislative check
Power of the Purse
The power of the purse is the ability of one group to control the actions of another group by withholding funding, or putting stipulations on the use of funds.
