Ch.5, 12,13,15 Flashcards

1
Q

Affirmative Action

A

Compensatory action to overcome consequences of past discrimination

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2
Q

Bakke v. University of California (1978)

A
  • He was denied admission
  • School had reserved 16/100 available slots for minority students
  • Can’t have separate application slots
  • Supreme Court ordered the school to admit Bakke
  • Upheld affirmative action
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3
Q

Hopwood v. Texas Law School (1996)

A
  • Declared that race can NEVER be used as a factor in admission even if it is to promote diversity
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4
Q

Patronage

A
  • The resources ( $ & Support) available to higher officials
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5
Q

Veto

A
  • Presidents constitutional power to turn down acts of congress
  • Veto can be overridden by 2/3 votes of each house of congress
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6
Q

Pocket Veto

A

The Constitution grants the president 10 days to review a measure passed by the Congress. If the president has not signed the bill after 10 days, it becomes law without his signature, only when congress is in session. If congress is out of session the bill is vetoed.

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7
Q

Oversight

A

The effort of congress, through hearings, investigations to exercise control over the activities of executive agencies

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8
Q

Appropriations

A

the amount of money approved by congress in bills that each unit or agency of gov. can spend

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9
Q

Mandate

A

if a government or official has a mandate to make important decisions, they have the authority to make the decisions because they have been elected by the people to do so

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10
Q

Rallying Effect

A

This usually happens in a time of crisis where the people are in favor of the decisions of the president/gov.
Ex: 9/11, Bag checks in the train station

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11
Q

White House Staff

A
  • Analyst and advisers to the president
  • Broader advice, more political
  • Usually have a longer and closer relationship with the president
  • the # of white house staff have grown since the New Deal due to more executive power
  • Presidents increasingly relying on them
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12
Q

Cabinet

A
  • 15 cabinet positions (ex. department of justice, defense, state, homeland security, health and human services)
  • not a collective, don’t give advice
  • called secretaries
  • have to be appointed & confirmed & are usually experts in the field
  • Purpose: to build support, support government policies, carryout legislation
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13
Q

Executive agreement

A

an agreement, made between the president and another country, that has the force of treaty and does not require the senate’s, “advice and consent”

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14
Q

Sociological representation

A
  • Reflects their community
  • same racial, gender, ethic, religious, or educational backgrounds
  • We do not have sociological representation
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15
Q

Agency representation

A
  • The type of representation in which a representative is held accountable to a constituency (voters) if he or she fails to represent the constituent properly
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16
Q

Incumbency

A

Currently in office & is gonna run again

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17
Q

Conference committee

A

joint committees created to work out a compromise on house and senate versions of legislations

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18
Q

Filibuster

A
  • tactic used by members of the senate to prevent action on legislation they oppose by continuously holding the floor, senators have unlimited time to speak
  • requires 3/5th’s of the senate to end a filibuster
  • recent examples: rand paul march 2013
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19
Q

Cloture

A

rule allowing a majority of 3/5th votes or 2/3rds of a legislative body to set a time limit on debate over the bill. *must agree in order to impose such limit

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20
Q

Closed rule

A
  • supporters prefer a closed rule

- puts severe limits on on floor debates & amendments

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21
Q

Open rule

A
  • Opponents prefer an open rule
  • easier to add amendments
  • can cripple or weaken its chances for passage
22
Q

Public Law

A
  • Issues of government power and individual issues

- 1% of cases get to the supreme court

23
Q

Writ of certiorari

A
  • most common way cases get to the supreme court
  • 4/9 justices decide they want to hear the case
  • has to be a case of controversy (needs to be settled), ex: abortion
  • Standing (that people have been affected, hurt by the controversy)
24
Q

Solicitor general

A
  • the top government lawyer in all cases before the supreme court where the government is a party
  • David B. Verrilli, Jr.
25
Q

opinion writing

A
  • Majority opinion
  • Concurring decision
  • Dissenting
26
Q

Majority Opinion

A

5 or more justices can write why they made the decision

27
Q

Concurring decision

A
  • voted on the majority side, but for different reasons
28
Q

Dissenting decision

A
  • Voice your agreement/disagreement
  • why those kinds of cases should keep coming in
  • possibility of court coming to a different decision
29
Q

Judicial activism

A
  • Going beyond the constitution, to apply to society how it works today
30
Q

Judicial Restraint

A
  • Interpreting it exactly as stated in the constitution
31
Q

Judicial review

A
  • power of the court to review
  • declare actions constitutional or unconstitutional
  • marbury v. madison (1803) established judicial review
32
Q

Amicus Curaie

A
  • friend of the court
  • someone who doesn’t have standing in the case (directly involved)
  • give info to help justices make a decision to hear the case
33
Q

how does the Executive Branch’s role today differ from the executive branch’s before?

A
  • Presidents role today: more involved
  • Chief clerk (before) following, chief executive (now) now (ex.patriot act)
  • framers did not want to want president directly accountable to the ppl.
  • voted by electoral college (270+ votes to win)
34
Q

what are the executive branch’s domestic powers?

A

A. Executive

  • Execute laws
  • Hiring & firing staff

B. Military

  • protect from invasion & domestic violence
  • usually during time of emergency
  • FEMA (federal emergency management agency) (ex: hurricane katrina, sandy)

C. Legislative

  • veto
  • addressing the country (state of the union)
  • executive order (ex. establishing minimum wage for contractors $10.10, Changing the Name of the National Security Staff to the National Security Council Staff)
35
Q

National security Council

A

The National Security Council (NSC) is the President’s principal forum for considering national security and foreign policy matters with his senior national security advisors and cabinet officials.

36
Q

How was FDR important in expanding the role of the president?

A
  • Hoovervilles helped people who were homeless, helping people get back up from the great depression
  • the new deal: federal programs in response to great depression, economic recovery (stabilized banks), investment in public works, job creation
37
Q

How do cases get to the supreme court?

A
  • A case goes to the Supreme Court only after going through all lower levels of courts and appeals courts. A motion is filed for the Supreme Court to hear a case and the SC justice responsible for the area of the country where the case is from decides if the court will hear the case
  • To get to the SC the following courts must be gone through:
  • Local Level: Local trial courts, State Appeals Court, the individual states highest Court of Appeals, Supreme Court
  • Federal Level: Federal District Courts, US Federal Courts of Appeals, US Supreme Court
38
Q

Jurisdiction refers to..

A

A courts area of authority

39
Q

The U.S. Supreme Court is made up of one chief justice and ____________ associate justices.

A

8 Associate justicies

40
Q

U.S. circuit court decisions are made by

A

3 Judges

41
Q

Congress may change all of the following except

A

The supreme courts original jurisdiction

42
Q

The country is divided into ____________ regional judicial circuits, each of which has a U.S. Court of Appeals.

A

12

43
Q

In a civil case, the party who brings a case against a defendant is referred to as the

A

Plaintiff

44
Q

The powers of the presidency are outlined in ____________ of the U.S. Constitution.

A

Article II

45
Q

A group of senators or representatives who join together because they share certain opinions, interests, or social characteristics is the definition of

A

Congressional Caucuses

46
Q

In general, the purpose of the congressional whip system is

A

Communications

47
Q

Which type of legislation specifies a project or other authorizations to be funded, as well as the location of the project within a particular district?

A

Pork Barrel

48
Q

distinguish civil rights from civil liberties

A

Unlike civil liberties, civil rights place positive obligations on the government to take action.

49
Q

Universalization of Civil Rights

A

The protections won by the African American civil rights movement that spilled over to protect other groups as well

50
Q

How a bill becomes a bill

A
  1. Submitted
  2. Committee/sub-comitee deliberation (deal w/ the issues)
  3. Reported out
  4. Debate
  5. Conference committee
  6. Presidential Action
51
Q

The name of the justices

A
  1. Sonia Sotomayor
  2. Stephan Breyer
  3. Samuel Alito
  4. Elena Kagan
  5. Clarence Thomas
  6. Antonin Scalia
  7. John Roberts
  8. Anthony Kennedy
  9. Ruth Bader Ginsburg