Exam 3 Flashcards
Having a legislative assembly composed of two chambers or houses, distinguished from unicameral
Bicameral legislature
Holding the political office for which one is running, has an advantage for name recognition, fundraising, political ads, campaign on public record
Incumbency advantage
When the incumbent does not seek reelection and there is a competitive race. More common in the house than the senate
Open seat
A representative who votes according to the preferences of his or her contingency
Delegate model of representation
A representative who votes based on what they think is best for their contingency
Trustee model of representation
Chief presiding officer of the House of Representatives
Speaker of the house
Elected reader of majority party in the senate
Senate majority leader
The redistribution of house seats to reflect population shifts after the census
Apportionment
When a party controls a chamber/branch and the opposition party controls the other chamber/branch
Divided government
Permanent committee with the power to propose and write legislation that covers a particular subject, drafts bills and proposals in both house and senate. Divided into subject matter and holds hearings, markup sessions, etc
Standing committees
Decides the funding for all federal agencies and funding, passes budget and is in charge of tax laws
Appropriation committees
Temporary committees set up to highlight an issue. No power of prosecution
Select committees
Joint committees created to work out a compromise. If a bill passes house and senate but not in identical language, this is formed to work out the differences in the two versions. Creates a conference bill if successful
Conference committee
Conduct annual evaluations or reviews of federal agencies to make sure they are using their funds as intended
Oversight committees
Proposed law sponsored by member of congress and submitted to clerk of house or senate. Can be sponsored by both democrats and republicans, needs 2 from each to be introduced and can only be by congress. Must pass both houses and signed by president.
Bill
Session in which a congressional committee rewrites legislation to incorporate changes discussed during hearings on a bill
Committee markup
Continuously holding the floor until majority backs down. Last resort attempt by the minority to keep a bill from passing.
Filibuster
Once a bill is sent to the president, he has the option of approving or denying a bill. Can be overridden with 2/3 vote in each house of congress
Presidential veto power
Formal charge by the house that a government official has committed treason, bribery, or other high crimes and misdemeanors. Clinton, Trump twice. Power over president
Impeachment
Specific powers granted by the constitution to congress and the president
Expressed powers
Not in constitution, given to federal agencies to carry out federal laws and programs. Clean air act. Power to interpret how to come about a problem
Delegated powers
Not in constitution, president tends to interpret these powers as giving them more flexibility in both domestic security issues and foreign policy security issues.
Inherited powers
Primary role of president to implement, execute, enforce laws and court decisions.
Chief executive
Once a bill is sent to the president, he has the option of approving or getting rid of a bill. Constitutional power to turn down acts of congress
Presidential veto power
Right to appoint cabinet secretaries, federal judges, Supreme Court justices. Directly listed in constitution
Appointment power
More prestigious in the past due to media dissection now, but an address to all branches of government of a wishlist for what the president wishes to do in a year. Constitutional
State of union address
Congress is the one that passes a budget, president officially submits it. Constitutional
Budget submission
Informally, his party will introduce his ideas as bills in congress. Main source of legislative agenda. can’t introduce a bill himself, but can get his party to. Domestic added on power
Chief legislator
Checks/balances of congress: president can’t make a law, but can issue executive order that becomes law without going to congress. Domestic
Executive order
Understanding the president is immune to prosecution while in office. Domestic
Executive immunity
Not required, but judged on basis of how well the economy is doing during their administration. Domestic
Good economic manager
Expected to have moral leadership, empathy, and be a good communicator during crisis. Domestic
Crisis manager
There has only been one single president, expectation that the president is married with pets. First Ladies have to be involved in a cause but not too involved. Domestic
First family
President is the only one who can officially represent other states. whatever he says is viewed as the official position of the United States. Constitutional foreign
Chief/head of state
Authorized to deploy troops, ultimate decision maker of the military. Constitutional foreign
Commander in chief
President is the only one who can organize foreign treaties with other countries. Constitutional foreign
Chief diplomat
Require 2/3 senate vote for approval. Constitutional foreign
Formal foreign treaties
Foreign treaties that bypass senate. Added on foreign
Executive agreement
Europe had to rebuild, so US and the president emerged as only standing western democracy and basically became world leader. Nobody wants to test US. Foreign added on
Post WW2 superpower status of US
Savior of democracy, presidents follow the mantra and can’t afford to be isolated. Congress doesn’t want to be the bad guy for stopping president. Foreign add on
De facto world leader
the circle of persuasion needed from the president. White House office, EOP, congress, public
Power of persuasion
Closest to the president, advisors. Make president look good to be reelected
White House office
14 executive departments with secretaries the president appoints. Policy advisors, needs senate confirmation. If they don’t like what the president is doing, they can not fund and wait for a new one.
Executive office of president
The fourteen secretaries of the EOP make this with the president. Policy advisors that go to meetings on the president’s order, want to be his favorite, kitchen cabinet=favorite
Cabinet
Branch of law that deals with disputes that do not involve criminal penalties.
Civil law
only one on the Supreme Court. Justice on the Supreme Court who presides over the court’s public session
Chief Justice
Branch of government that regulates the conduct of individuals, defines, crimes, and specifies punishments for proscribed conduct.
Criminal law
Parties involved in a lawsuit. Can be individuals, governments, businesses, etc
Litigants
Past decisions of the court. Do not change the direction of the court
Precedent
The court that first hears a case regardless of the nature of the case. Litigants must be present
Original jurisdiction
No litigants present, no new evidence, 1-9 panel of judges reviewing the original trial for errors.
Appeal court
Belief in a broader role for the court to address societal issues. can only do this if the case comes to them. Belief in a constitution changing with its country, willing to break precedent
Judicial activism
Belief in a narrow role for the court. The court should defer elected officials and not make priority. Belief in a stricter interpretation of the constitution and maintaining precedent
Judicial restraint
Having to prove that they were damaged in a situation to bring about a lawsuit. Plaintiff has to prove direct damages
Standing to sue/to have standing
For an appeal to be heard by the Supreme Court, it needs 4 out of 9 justices to want to hear the case
Rule of four
To let a decision stand. If an appeal court finds there were no errors in the original trial, they will let the decisions of the lower court stand.
Stare decisis
Retry the case in an appeal court if something is found to be wrong in the original case
Reverse decision
Lawyers in the case have half an hour to present the merits of the case to court. No new witnesses, evidence. Highlight the case. Justices have the opportunity to question the attorneys. If the government is involved, it still only has thirty minutes
Oral argument
Weekly private meeting of justices where they choose cases to be heard. Completely private. Vote on cases and chief justice assigns opinion writing
Conference
Legal justification of why justices voted the way they did. Can be 300 pages. Have to go back to the historical case/precedent of how the court ruled in the past
Opinion
Expresses the views of those in the majority. Only one writes on behalf of the group
Majority opinion
Expresses the views of those who voted against the majority. Usually writes for themselves. Can be very influential, shows the court was not unanimous and a well written opinion can open the door to a reversal in a future case
Dissenting opinion
President nominates justices, primary factor is party affiliations
Presidential nomination
Done by the senate judiciary committee, if an appointment is rejected it looks bad on president. Justice is trained on philosophy. Needs a full senate vote
Senate confirmation process/hearings
