Congress and courts Flashcards
House of Representatives
Lower Chamber of congress
How many in the House of representatives and how is that decided
435- Determined by the states population
Length of terms for House of Representative
2 years
Senate
Upper chamber of congress
How many in the senate and how its decided
two from each state, 100 total
Term length of senate
6 year terms, 1/3 runs for reelection every year
qualifications for US house
Must be 25 and a US citizen for at least 7 years
qualifications for US senate
Must be 30 and a US citizen for at least 9 years
Chief leadership position in the House of Representatives
The speaker of the house who can assign members to committees
Chief leadership position in the Senate
The majority leader who can decide if a bill goes on the floor
What are whips
They encourage people to vote with the party and count the votes
Cloture
A senate procedure through which a super majortiy of 60 senators can vote to limit the amount of time debating a bill
Committee of the whole
A committee of the House on which all representatives serve in order to consider the details of a proposal.
discharge petition
A petition signed by members of the House of Representatives to bring a bill out of committee and onto the floor for a vote.
filibuster
A tactic used by senators to block a bill by continuing to hold the floor and speak, adhering to the Senate rule of unlimited debate. The purpose of this tactic is to continue to speak for so long that the bill’s supporters eventually back down.
House Rules Committee
The committee responsible for scheduling and managing the flow of legislation on the floor of the House of Representatives in order to make the process more efficient and manageable. The committee can also make it easier or more difficult for a bill to pass depending on the rules they create.
logrolling
When two legislators agree to trade votes for each other’s benefit.
pork barrel legislation
The use of federal funding to finance localized projects, typically bringing money into a representative’s district in order to please constituents and boost the representative’s chances of winning reelection.
President of the Senate
The Vice President of the United States, who presides over the Senate’s daily proceedings.
Amicus Curiae
“Friend of the court”; a third party to a lawsuit who files a legal brief for the purpose of raising additional points of view in an attempt to influence a court’s decision.
Appellate Court
Court that generally reviews only findings of law made by lower courts.
Appellate Jurisdiction
The power vested in an appellate court to review and/or revise the decision of a lower court.
Dissenting opinion
An opinion written by a justice who disagrees with the majority opinion/ outcome of the case.
Inferior Federal Courts
Federal Courts made by Congress below the U.S. Supreme Court (District and Courts of Appeals)
Federalist 78
A limited Constitution requires an independent judiciary to check arbitrary and unconstitutional legislative acts. Courts have the duty “to declare all acts contrary to the manifest tenor of the Constitution void”.
Judicial activism
A philosophy of judicial decision making that argues judges should use their power broadly to further justice, especially in the area of equality and personal liberty. It is the courts’ appropriate role to correct injustices committed by the other branches of government. The courts need to protect oppressed minorities.
Judicial implentation
Refers to how and whether judicial decisions are translated into actual public policies that are enforced.
Judicial nomination process
Nominated by president. Confirmed by the Senate
Judicial restraint
A philosophy of judicial making that argues courts should allow the decisions of other branches of government to stand, even when they offend a judge’s own sense of principles. The federal courts are composed of unelected judges, and that makes it the least democratic branch of government. Therefore, the courts should usually defer to the political branches.
Judicial Review
Power of the courts to review acts of other branches of government and the states to decide if they are constitutional
Marbury v madison
Supreme Court case in which the Court first asserted the power of judicial review
Original jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial. Courts determine the facts of a case.
Precedent
Prior judicial decision that serves as a rule for settling subsequent cases of a similar nature.
Rule of four
At least four justices of the Supreme Court must vote to consider a case before it can be heard.
Stare Decisis
Let the decision stand. In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.
Writ of certiorari
A request by the Supreme Court to order up the records from a lower court to review the case.
Congressional modification of a court ruling
Although Congress can’t overturn a court decision, it can pass legislation that attempts to change the impact of the court’s decision
