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Govt > Exam 3 > Flashcards

Exam 3 Flashcards

1
Q

What are formal powers (presidency)?

A

powers granted by the constitution

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2
Q

What are asserted powers (presidency)?

A

president can do it, but there may be pushback

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3
Q

What does it mean by head of state (presidency)?

A

imperial qualities (like a king)

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4
Q

What is the constitutional base of the president in the military? What’s the limit?

A

commander in chief and head of intelligence communications; only Congress can declare war

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5
Q

What is the constitutional base of the president judicially?

A

grant reprieves, pardons, amnesties to individuals and groups ( get out of jail card)

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6
Q

What is the constitutional base of the president diplomatically?

A

receive ambassadors = recognizing countries

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7
Q

Which cases expanded the powers of the president? (2)

A

Curtis Wright (1936)
US vs Pink (1942)

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8
Q

What was the ruling in Curtis Wright (1936)?

A

foreign policy powers can be delegated to the president that’s not accepted domestically

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9
Q

What came out of US vs. Pink (1942)?

A

executive agreements

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10
Q

What are executive agreements?

A

has weight of treaty without the approval of the senate

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11
Q

What limited the president’s “imperial power”?

A

War Powers Act (1973)

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12
Q

What was the War Powers Act (1973)?

A

after 60 days, need congressional approval of certain military activity

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13
Q

As head of government, what are the powers/ responsibilities of the president? (3)

A

ensure all laws are faithfully executed
appoint, remove, supervise executive officers
appointing judges

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14
Q

As head of government, what are the powers/ responsibilities of the president in the military? (3)

A

call national guard
declare state of emergency
provide emergency funding

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15
Q

As head of government, what are the powers/ responsibilities of the president in the legislative? (2)

A

agenda setting
veto a bill

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16
Q

Explain the legislative period (1800-1933). (3)

A

congress more powerful than president
president only in charge of expanding interstate commerce
president couldn’t communicate with citizens technologically

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17
Q

What changes happened during the legislative period? (3) What did the changes do?

A

nominating the president went from a caucus to convention (more democratic voting)
introduction of telegrams and radio helped build coalition
industrial revolution helped build coalition

applied pressure

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18
Q

What set off the pressures during the legislative period?

A

the depression

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19
Q

What are formal resources?

A

legal right

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20
Q

What are informal resources?

A

not stem from the law

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21
Q

What are the formal resources of the president? (5)

A

patronage
cabinet
white house staff
executive office
vice president

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22
Q

What is patronage? What are the ways of it? (presidency)

A

make political appointments; giving people jobs
pick people linked to constituency or advance agenda

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23
Q

What is the cabinet? (presidency) Who are the members?

A

subset of patronage; consist of heads of major departments
department of defense, treasury, etc.

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24
Q

Who are the white house staff?

A

specialized people who are with the president the longest; advisors

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25
Q

Who are the people in the executive office?

A

people who are at the white house permanently; office of management and budget; national security council

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26
Q

Who does the office management and budget consists of?

A

accountants

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27
Q

What is the national security council concerned over?

A

foreign policy

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28
Q

What are the two jobs of the vice president?

A

preside over the senate (part of the senate)
wait for the president to pass

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29
Q

What are the informal sources of the president? (6)

A

elections
initiative
access to media
president party
groups
mass popularity

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30
Q

How are elections an important informal resource for the president?

A

can be a big source of power if win big

31
Q

What is the importance of the initiative as an informal resource?

A

introduce legislation/policy; initiate action; office management and budget is apart of it - oversee national spending

32
Q

What happens to the president’s popularity over time? During a foreign crisis?

A

decreases; increases

33
Q

What can be said about congress?

A

1st among equals; independent/unique

34
Q

What was congress’s representation of citizen’s in 1850? After 1930s?

A

greater than president; less than the president

35
Q

What’s the social composition of congress? (3)

A

overly protestant
more minority rep., but proportionally less compared to society
consists of wealthy people (doctors, lawyers, etc.)

36
Q

What’s case work?

A

politician helps with a citizen’s problems

37
Q

What are 2 types of direct patronage? (congress)

A

wasteful program helps district but not country
intervention with federal agencies

38
Q

What’s the difference between representation of the house and senate?

A

House: smaller than senate; focus more on local issues
Senate: bigger than house; focus more on national issues

39
Q

In the house political party, who selects the minority leader?

A

majority speaker

40
Q

In the senate political party, who selects the minority leader?

A

majority leader

41
Q

What’s a distinct political party characteristic?

A

less discipline; more individuality

42
Q

What are the 5 tools of party discipline?

A
  1. access to floor (leadership controls)
  2. whip system (enforcer)
  3. committee assignments
  4. logrolling (vote for each other’s bills
  5. presidency
43
Q

In the committee system, how are the bills assigned to them?

A

by subject matter

44
Q

What are 5 characteristics of the committee system?

A
  1. has own membership, staff, jurisdiction
  2. jurisdiction= subject matter
  3. committees mirror executive level departments
  4. subject matter jurisdiction; with leadership descreption
  5. each committee unique, not representative of all congress
45
Q

Who are apart of the staff system in congress? (3)

A

personal
committee
agencies

46
Q

Who are apart of the agencies in congress staff system? (3)

A

congressional research service
government accountability office - oversee investigations
congressional budget office - give insight on spending effects

47
Q

What’s the percentage of bills that die in committee?

A

95%

48
Q

What other congressional powers does congress have? (2)

A

oversight - hold hearing about people, agencies, etc
advice and consent - approve treaties by 2/3 vote; approval for top appointments

49
Q

What does it mean by open rule?

A

anything can be added

50
Q

What does it mean by close rule? Why is it important?

A

only stick with the bill; required for bills to pass

51
Q

What does it mean by filibuster?

A

talk a bill to death

52
Q

What is cloture? How many votes are needed?

A

override filibuster; 3/5

53
Q

What are the 2 types of laws?

A

statutory and common

54
Q

What’s common law?

A

judge-made law

55
Q

What’s statutory law?

A

law passes by legislature

56
Q

Who is the plantiff in civil and criminal cases?

A

civil - individual is plantiff
criminal - state is plantiff

57
Q

What are the 2 types of courts?

A

original jurisdiction and appelate court

58
Q

Describe an original jurisdiction court.

A

decide the facts; have juries

59
Q

Describe an appelate court.

A

decide issues of law; no jury

60
Q

What 3 things have to happen in order for something to be called a dispute in court?

A
  1. need to be a case of controversy
  2. show injury to self
  3. issue can’t be mute (already solved)
61
Q

True or False. Most cases happen in state courts.

A

true

62
Q

Describe a district court (federal jurisdiction)

A

trial level; have juries; decide facts

63
Q

Describe a circuit court (federal jurisdiction)

A

appealate court; 3-15 judges; appointed by president

64
Q

Describe the supreme court (federal jurisdiction)

A

9 justices; has to agree to hear case

65
Q

What’s judicial review?

A

supreme court can review lower court decisions and acts of congress

66
Q

What’s state action?

A

supreme court can review state actions due to supremecy clause

67
Q

How often does original jurisdiction happen in the supreme court? What does it usually involve?

A

less often; cases between states, foreign ambassadors

68
Q

What are the 2 ways that cases can go to the supreme court?

A
  1. writ of certiorari (cert)
  2. writ of habeas corpus
69
Q

Describe writ of certiorari

A

most cases come by this; usually circuit disputes; 4/9 agree to hear case

70
Q

Describe writ of habeas corpus

A

criminal appeal; “show me the body”

71
Q

What’s opinion writing?

A

writing the law

72
Q

What are the 2 ways to determine who writes the opinion writing?

A
  1. majority chief justice chooses
  2. majority senior member chooses
73
Q

What’s the dissenting opinion?

A

not in majority; roadmap for lawyers to overturn laws

74
Q

Who’s the solicitor general? What does that person do?

A

3rd in command in dept of justice; determines the cases of which supreme court review will be sought by the govt

Govt (3 decks)

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