Exam 2 Flashcards

1
Q

Bicameral

A

having a legislative assembly composed of two chambers or houses, distinguished from unicameral

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2
Q

Jurisdiction

A

The sphere of a court’s power and authority

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3
Q

enumerated powers

A

Specific powers granted to Congress as outlined in Article 1, Section 8 of the United States Constitution. Origin U.S. Constitution, Article 1, Section 8

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4
Q

Art. 1 sec. 8

A

The power goes to Congress

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5
Q

bureaucracy/bureaucrats

A

A bureaucracy is an organization, whether publicly or privately owned, made up of several policymaking departments or units. People who work in bureaucracies are informally known as bureaucrats.

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6
Q

Apportionment

A

the process, occurring after every decennial census, that allocates congressional seats among the 50 states

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7
Q

divided govt

A

One party controls the White House, and other controls one or both houses of Congress

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8
Q

judicial review

A

The power of the courts to review, and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional; the Supreme Court asserted this power in Marbury v. Madison.

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9
Q

Pendleton Act

A

1883 -Banned Federal candidates from requiring that federal employees work on their campaigns or make financial contributions. -Extended the about rule to all federal civil service workers-Previously, government workers were expected to make campaign contributions to keep their jobs.

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10
Q

Precedent or Stare Decisis

A

Prior cases whose principles are used by judges as the basis for their decisions in present cases or literally, “let the decision stand”; the doctrine that a previous decision by a court applies as a precedent in similar cases until that decision is overruled.

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11
Q

writ of certiorari

A

A decision of at least four of the nine Supreme Court justices to review a decision of a lower court; certiorari is Latin, meaning “to make more certain.”

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12
Q

amicus brief

A

Literally, “friend of the court”; individuals or groups who are not parties to a lawsuit but who seek to assist the Supreme Court in real decisions presenting additional briefs.

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13
Q

Brief

A

written documents in which attorneys explain, using case precedents, why the court should find in favor of their client

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14
Q

Rule of Four

A

The rule of four is a US Supreme Court practice that permits four of the nine justices to grant a writ of certiorari. It has the specific purpose to prevent a majority of the Court’s members from controlling their docket. The rule of four is not required by the US Constitution, any law, or even the Court’s own published rules.

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15
Q

senatorial courtesy

A

the ranking is given to an individual based on length of continuous service on a committee in Congress

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16
Q

How is congress structured

A

The Constitution created a bicameral, or two-house, the legislature in which one house, the House of Representatives, would be based on population, and the other chamber, the Senate, would be based on state representation.

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17
Q

What are the terms and qualifications for Congress members:

A

Senators serve 6-year terms, and there are no term limits. * Senators must be 30 years old when they take office and have been a citizen for 9 years. They must reside in the state they represent. Each House term is 2 years; there are no term limits in Congress. * Members must be at least 25 years old and have been citizens for at least 7 years.

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18
Q

Which Constitutional Article deals with Congress

A

Article 1

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19
Q

The President

A

Article 2

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20
Q

The Courts

A

Article 3

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21
Q

What is the size of each house of Congress

A

House has 435 members whereas the senate has 100

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22
Q

What are revenue bills and where do they start

A

Proposals that deal w/taxation or gov spending. Bills aim to generate revenue for gov or allocate funds for specific programs. Originate in the House of Reps.

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23
Q

How is Congress organized

A

The two chambers have evolved to meet the demands of law making* Both are organized by party affiliation * The need to organize large numbers of people to make decisions led to the party leadership structure * Both are more important in the House* Senate is small enough to operate by informal coordination and negotiation * The need to divide the labor created the committee system - specialized policy areas. Typically, the entire membership relies on the decisions made in the committee

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24
Q

How do the two houses differ

A

The House of Representatives has: Larger (435 members), a Shorter electoral cycle (2-year term), a Narrow constituency (congressional districts), is less prestigious, and originates all revenue bills.
The Senate: Smaller (100 members), longer electoral cycle (6-year term), Broas constituency (states), More prestigious, and ratifies treaties; confirms presidential nominees

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25
Q

What is the role of parties

A

Party Caucus- All Democratic members of the House or Senate. Members in the caucus elect the party leaders, ratify the choice of committee leaders, and debate party positions on issues* Party Conference- What Republicans call their party caucus Members also caucus by interest and state, regardless of party

26
Q

What does the constitution say concerning the leadership of each house?

A
27
Q

Who is powerful and why?

A
28
Q

Why committees

A

Committees represent a significant role in the legislative process by helping to coordinate the most important assignment of the Congress

29
Q

Are they alike?

A
30
Q

Which Constitutional Article deals with the judiciary?

A

Article 3

31
Q

Why the “least dangerous branch

A

explains that the judicial branch is the “least dangerous” out of all the branches because it only has the power to judge but not to act, unlike the legislative and executive branches. If the judicial branch does come to a ruling in the court, it must go through the other branches before it can actually get carried out.

32
Q

Who was John Marshall and why was he so important

A

John Marshall was the fourth chief justice of the U.S. Supreme Court (1801-35). In Marbury v. Madison (1803) and other landmark cases, Marshall asserted the Supreme Court’s authority to determine the constitutionality of the nation’s laws—a principle known as judicial review—and shaped the judicial branch into a powerful force in the U.S. government

33
Q

Why was Marbury v. Madison so important

A

it established the principle of judicial review—the power of the Court to rule acts of Congress unconstitutional. As Supreme Court Chief Justice John Marshall wrote, a “Law repugnant to the Constitution is void.”

34
Q

How is the court system structured

A

The federal court system has three main levels: district courts (the trial court), circuit courts which are the first level of appeal, and the Supreme Court of the United States, the final level of appeal in the federal system. There are 94 district courts, 13 circuit courts, and one Supreme Court throughout the country.

35
Q

What act decided how the court system is structured

A

Judiciary Act of 1789

36
Q

Why does the constitution give life tenure to judges

A

Independence from Politics Without question, life tenure for federal judges serves an extraordinarily important purpose: It shields judges from the political pressure that comes with periodic accountability to an electorate.

37
Q

Who selects judges, and how are they approved:

A

The president appoints all federal judges. legislative branch must approve appointments that the president makes; the Senate must approve treaties that the president makes, and the legislative branch may investigate the executive branch.

38
Q

How large is the U.S. Supreme Court

A

Only has 9 justices one Chief Justice and eight Associate Justices.

39
Q

What is the difference between trial and appellate courts?

A

Yet one of the most powerful differences between trial and appellate courts involves the latter’s ability to make binding decisions beyond the case being heard. While trial judges’ decisions apply only to the case at hand, appellate courts decide on legal issues that include whether laws are constitutionally binding.

40
Q

Who writes Amicus briefs and why

A

An amicus brief is a legal brief filed in appeals cased to aid the court by providing extra relevant information or arguments. Amicus briefs are filed by amicus curiae, or “friend of the court,” a third party who has a special interest or expertise in the case and wants to influence the court’s decisions in a particular way.

41
Q

Does Congress have term limits

A

No, they do not have turns

42
Q

Does the president

A

Yes, the president can only serve 2 terms

43
Q

When and why were they established?

A

The Twenty-Second Amendment to the Constitution, proposed by Congress in 1947 and ratified by the states in 1951, confines any president to two elected terms. Proponents argued that the amendment was needed to ratify a sacred American tradition, begun by George Washington, that a president should step away from his duties after filling eight years.

44
Q

What are the qualifications for President

A

President must be a natural-born U.S. citizen, at least 35 years old, a resident of the U.S. for at least 14 years

45
Q

What qualifies as “natural-born” and why does it matter:

A
46
Q

How does the Veto process work

A

this occurs when Congress has adjourned, and the President waits 10 days before signing a bill. The bill dies automatically

47
Q

What are some of the powers of the President:

A
48
Q

President’s Roles

A

Head of the Executive Branch (responsible for enforcing laws through the Justice Dept. and other executive agencies) Commander in chief means he is responsible for military actions- as well as military losses. Chief of state - both symbolically and in a formal sense. Politically he is also the leader of his party. The power to inform and persuade: the State of the Union address, as well as through his speeches. Shaper of domestic policy- both ideologically and in practice: this makes him a powerful yet restrained player in the legislative process.

49
Q

How does patronage work:

A

Spoils system, also the called patronage system, practice in which the political party winning an election rewards its campaign workers and other active supporters by appointment to government posts and with favorsavours. The spoils system involves political activity by public employees in support of their party and the employees’ removal from office if their party loses the election.

50
Q

Why

A

Patronage strengthens party discipline and combats political fragmentation, thereby protecting elected government from small, cohesive interest groups. Patronage thickens the ranks of party activists and allows them to rely more on people-intensive and less on money-intensive campaigning.

51
Q

What is civil service and why is it important

A

the civil service is there to provide public services and help the government of the day implements its policies. Unsurprisingly, civil servants are the people that work in the civil service. They are also often called public servants, and to be honest, this name makes more sense as they serve the public.

52
Q

How is the Executive branch organized?

A
53
Q

What is the Cabinet

A

cabinet, in political systems, is a body of advisers to a head of state who also serve as the heads of government departments.

54
Q

What purpose do agencies serve?

A
55
Q

Why does the government seem to struggle with efficiency?

A
56
Q

Why is presidential appointment power so important to him?

A
57
Q

What purposes does it serve?

A
58
Q

Partisan vs. Non-Partisan Elections

A
59
Q

Does Congress have term limits

A
60
Q
A