Chapter 2 - The Organization of Government Flashcards
Congress (The Legislative Branch)
H of R and the Senate
The Senate
- 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
Senate Committees
- Appropriations
- Armed Services
- Budget
- Finance
- Foreign Relations
- Homeland Security/Gov’t Affairs
- Veterans’ Affairs
Filibuster
Senators keep talking to discourage voting on the bill.
Cloture
3/5ths of other senators tell the person to sit down (60 votes).
House of Representatives
- 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
H of R Committees
- Appropriations
- Armed Services
- Budget
- Education and Labor
- Foreign Affairs
- Homeland Security
- Transportation and Infrastructure
- Ways and Means
Legislative Process
- A bill is introduced to H of R and sent to subcommittees.
- Committees have hearings and vote.
- Moves from committees to floor of the H of R or Senate.
- If passes at one, goes to the other.
- The other usually changes it.
- Goes to conference committee to reconcile differences.
- Once an identical bill passes, goes to the President (10 days to sign).
- 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.
Executive Branch
- President
- 4 yr. term
- 35 yrs. old
- Has a cabinet and agencies
Cabinet
- 15 departments
- All secretaries except for Department of Justice = Attorney General
Agencies
- Specialize in a particular area of law
- Can make regulations/policies w/o going through process of making a law.
Judicial Branch - Supreme Court
- Chief Justice is leader.
- 9 justices
- If I lose at appeal level, I come here, but they don’t have to accept the case.
Judicial Branch - District Courts
- Initial level for a lawsuit/trial court
- at least one in each state
Judicial Branch - Circuit Courts of Appeal
- 11 courts
- Come here if I lost at district court
Writ of Certiorari
- Means the S.C. will hear my case.
Personal Jurisdiction
- 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.
Subject Matter Jurisdiction
- A court must have this.
- Can only hear specific cases dealing with the subject.
Venue
If more than one court has jurisdiction over a case, then the issue becomes a question of venue. Can move case to another area.
To have a case heard in federal courts, it must…
- Involve a federal question/law
2. Diversity of Citizenship - defendants from different states than every plantiff and amount over $75000.00.
Common Law and Precedent (stare decisis)
- The evolution of law through court decisions.
- Precedent = earlier court decisions have this.
- US uses this law system like England.
Civil Law
The countries that give little or no weight to prior judicial decisions have adopted this.
State vs. City
State Laws = statute
City Laws = Ordinances
