Exam 3 Review Flashcards
How many Senators serve in the Senate?
100 members
How many members are in the House of Representatives?
435 members
Who are our current leaders in the Senate?
Ted Cruz and John Cornyn
Who is our House of Representatives leader?
Pete Sessions
In Federalist 78, when can there be no liberty?
If the power of judging is not separated from legislative and executive powers.
What is the Sunshine Law?
All agencies headed by a committee must regularly hold their meetings in public session.
What is the significance of the Judiciary Act of 1869?
It set the number of judges to 9.
What is the weakest and least dangerous branch of government?
The Judiciary Branch.
What are the four types of opinions made by the U.S. Supreme Court?
Unanimous, Majority, Concurring, Dissenting
How does the Supreme Court check themselves?
- Will not hear hypothetical or political questions.
- Respect the decisions of the lower courts
- stare decisis
How does the legislative branch check the judicial branch?
- Constitutional amendments
- Revision of laws
- Withholding funds necessary to carry out the courts’ rulings
How does the executive branch check the judicial branch?
- Refuse to enforce Courts’ decision
- Power of appointment
What level of Federal Courts serves as the primary stepping-stones for Supreme Court justices?
Federal Courts of Appeal
What is the “rhetorical presidency”?
The president going directly to the people to support policy hoping that the public’s support will move Congress to support the policy (FDR was the first, Clinton was the best)
Where is the “Necessary and Proper Clause” found in the Constitution?
Article 1, Section 8, Elastic clause
What are the basic goals of the Federal Bureaucracy?
To perform duties efficiently to save taxpayer dollars
How does Congress control bureaucratic agencies?
Congress controls the purse (money) and through investigations, hearings, and reviews
What is Common law?
is judge. Made law based initially on the prevailing custom and eventually on legal precedent
What do advocates of judicial activism believe?
The doctrine rests on the conviction that the federal judiciary should take an active role by using its powers to check the activities of the other branches
What was the outcome of the United States v. Nixon (1974) decision?
It limited executive privilege, which is the right of the president to withhold information from or refuse to appear before a legislative committee
What are the responsibilities of the President as Chief Executive?
- Has to enforce the acts of Congress, the judgements of the federal courts, and treaties signed by the United States
- Authority of appointment and removal
What are the responsibilities of the President as Commander in Chief?
- He will by ultimate decision maker in military matters
- Wartime Powers
What is the significance of the War Powers Resolution?
Congress has 48 hours to make a decision of war is the president thinks there will be war
What is “emphatically the province and duty of the judiciary?” (Marbury v Madison)
To say what law is. Thomas Jefferson
Who is the current Chief Justice of the Supreme Court?
John Roberts
Who is uniformly acknowledged to have been the most important Chief Justice in U.S. history?
John Marshall
Why did Marbury sue Secretary of State Madison?
For delivery of commission
What are the key constraints of the public bureaucracy noted by James Q. Wilson? (3)
- One cannot lawfully retain and devote to the private benefit of their members the earnings of the organization
- Cannot allocate the factors of production in accordance with the preferences of the organizations administrators
- Must serve goals not of the organization’s own choosing
Who are the current members of the legislature that represent you?
Senators - Ted Cruz, John Cornyn
Representative - Pete Sessions
What are the Constitutional qualifications to serve in the House of Representatives?
- Two year term
- At least 25 years old
- U.S citizen for at least 7 years
What are the Constitutional qualifications to serve in the Senate?
- Six year term
- At least 30 years old
- U.S citizen for at least 9 years
What are the Constitutional qualifications to serve as president?
- Natural born citizen
- 14 year resident of the U.S
- At least 35 years of age
How many petitions for review are submitted to the Supreme Court every year?
7000-9000
What is the “rule of four”?
A minimum of 4 judges must agree that the case should be heard by the supreme court
What do advocates of the philosophy of judicial restraint believe?
The doctrine rests on the assumption that the courts’ should defer to the decisions made by the legislative and executive branches because they are represented by the people, whereas members of the federal judiciary or not, so respect them more.
What is a writ of certiorari?
An order issued by a higher court to a lower court to send up the record of the case for review
What is an amicus curiae brief?
It is filed by a 3rd party with an interest in the outcome
What is Judicial Review?
The power of the courts to determine whether a law or actions by the other branches is constitutional
What are the three sources of American law?
- Constitutions (State and federal)
- Statutes and Administrative Regulations
- Case law (prior cases)
What are the four major types of structures in the federal bureaucracy?
- Cabinet Department
- Independent Executive Agencies
- Independent Regulatory Agencies
- Government Corporations
How many departments make up the President’s cabinet?
15
How and what cases have the federal courts have ruled about creating legislative districts based on race and partisanship?
Unconstitutional, but based on politics is okay
What is stare decisis?
To stand on decided cases; follow precedent
Where are the enumerated powers of Congress found?
Article 1, Section 8, Clauses 1-17
What is the purpose of a congressional conference committee?
Temporary Committees created to work out differences between the House and Senate versions of a bill
What are three characteristics of a bureaucracy listed by Max Weber?
- Hierarchical
- Specialization
- Standard Operating Procedure (SOP)
What are the three tiers of the American federal court system and the number of courts on each tier?
- Supreme Court
- Court of Appeal - 13 circuit courts
- District Court - 94
What is the significance of the Judiciary Act of 1789?
Establish federal court system separate from state courts
What is a writ of mandamus?
Forcing someone to do something
According to the Constitution, what are the roles of the House of Representatives and the Senate in the impeachment process?
House has sole power of impeachment, if majority votes to impeach, Senate will conduct a trial (needs ⅔ vote from senate)
What are the conditions that increase a case’s chance of being heard by the Supreme Court?
- When 2 lower courts are in disagreement
- When a case has broad significance
- When a state court has decided a substantial federal question
- When the solicitor general is pressuring the court to hear a case
According to Stewart, what was the desire of the Founders regarding the activity level of SCOTUS?
That level of inactivity
According to Marshall, what was the sole province of the court?
The interpretation of the laws
What becomes of statutes and acts that violate the Constitution?
To adhere the latter and disregard the former
What is Bicameralism?
A legislative body made up of two chambers
What did the Supreme Court rule regarding the line-item veto?
It is unconstitutional
Where are “money bills” introduced?
The House
Do the members of Congress typically compare well to the general public?
Yes
What is the Vice-President responsibility in the Senate?
To break a tie in the Senate
What is habeas corpus?
The requirement that someone must go on trial
What are the three powers the President uses to direct foreign policy?
- Executive agreements
- Proposal of treaties
- Diplomatic recognition
According to Hamilton in Federalist 78, what do force, will, and judgment have to do with the judiciary?
The Judicial branch must of neither force nor will, but only judgement
Where in the Constitution is the procedure for Presidential succession found?
The 25th Amendment
What did Justice Brennan believe was the most important law in the Supreme Court?
The Law of 5
What is the function of the Majority and Minority Leader?
They serve as a spokesperson for their party’s positions on issues
Who are the “Midnight Judges” and what was their purpose?
Federalist judges appointed by John Adams at the last second retain control of the judiciary Branch with federalist ideas
What was the ruling of the Court in the Marbury case regarding what Congress had done in the Judiciary Act of 1789?
Null and Void
What did Marshall say about any law passed by the Congress and signed by the President that was in violation of the Constitution?
A law deemed unconstitutional Is void
What was the name and date of the second case in which SCOTUS found a legislative act to be unconstitutional?
Marbury v Madison (1803)
Why has congress allowed for a fluctuation in the number of Supreme Court Justices?
To protect judges from partisan misleadings and to ensure judges keep “good behavior”