Chapter 2 - The Organization of Government Flashcards

1
Q

Congress (The Legislative Branch)

A

H of R and the Senate

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2
Q

The Senate

A
  • 30 yrs old
  • 9 yrs a citizen
  • 100 senators (2 from each state)
  • Term of 6 yrs.
  • President = Vice President of US
  • Majority leader = leader of controlling party
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3
Q

Senate Committees

A
  • Appropriations
  • Armed Services
  • Budget
  • Finance
  • Foreign Relations
  • Homeland Security/Gov’t Affairs
  • Veterans’ Affairs
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4
Q

Filibuster

A

Senators keep talking to discourage voting on the bill.

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5
Q

Cloture

A

3/5ths of other senators tell the person to sit down (60 votes).

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6
Q

House of Representatives

A
  • 25 yrs old
  • 7 yrs a citizen
  • According to population
  • Term of 2 yrs.
  • Leader = speaker of the house
  • Inhabitant of state chosen
  • Have a time limit when speaking
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7
Q

H of R Committees

A
  • Appropriations
  • Armed Services
  • Budget
  • Education and Labor
  • Foreign Affairs
  • Homeland Security
  • Transportation and Infrastructure
  • Ways and Means
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8
Q

Legislative Process

A
  1. A bill is introduced to H of R and sent to subcommittees.
  2. Committees have hearings and vote.
  3. Moves from committees to floor of the H of R or Senate.
  4. If passes at one, goes to the other.
  5. The other usually changes it.
  6. Goes to conference committee to reconcile differences.
  7. Once an identical bill passes, goes to the President (10 days to sign).
  8. If President doesn’t sign in 10 days, it becomes a law or if he vetos it, Congress can override the veto by 2/3rds vote.
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9
Q

Executive Branch

A
  • President
  • 4 yr. term
  • 35 yrs. old
  • Has a cabinet and agencies
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10
Q

Cabinet

A
  • 15 departments

- All secretaries except for Department of Justice = Attorney General

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11
Q

Agencies

A
  • Specialize in a particular area of law

- Can make regulations/policies w/o going through process of making a law.

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12
Q

Judicial Branch - Supreme Court

A
  • Chief Justice is leader.
  • 9 justices
  • If I lose at appeal level, I come here, but they don’t have to accept the case.
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13
Q

Judicial Branch - District Courts

A
  • Initial level for a lawsuit/trial court

- at least one in each state

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14
Q

Judicial Branch - Circuit Courts of Appeal

A
  • 11 courts

- Come here if I lost at district court

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15
Q

Writ of Certiorari

A
  • Means the S.C. will hear my case.
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16
Q

Personal Jurisdiction

A
  • The court must have this over the defendant.

- Has this if the defendant has some level of minimum contacts with the particular state in which the court sits.

17
Q

Subject Matter Jurisdiction

A
  • A court must have this.

- Can only hear specific cases dealing with the subject.

18
Q

Venue

A

If more than one court has jurisdiction over a case, then the issue becomes a question of venue. Can move case to another area.

19
Q

To have a case heard in federal courts, it must…

A
  1. Involve a federal question/law

2. Diversity of Citizenship - defendants from different states than every plantiff and amount over $75000.00.

20
Q

Common Law and Precedent (stare decisis)

A
  • The evolution of law through court decisions.
  • Precedent = earlier court decisions have this.
  • US uses this law system like England.
21
Q

Civil Law

A

The countries that give little or no weight to prior judicial decisions have adopted this.

22
Q

State vs. City

A

State Laws = statute

City Laws = Ordinances