Final Flashcards
Expressed Powers (enumerated powers)
constitutional or statutory powers that are expressly provided for by the U.S. constitution; also called enumerated powers
implied powers
the powers of federal government that are implied by the expressed powers in the constitution, particularly in Article 1 section 8
necessary and proper clause
Article 1, section 8, clause 18, of the constitution, which gives Congress the power to make all laws “necessary and proper” for the federal government to carry out its responsibilities; also called the elastic clause.
bureaucrat,
Someone who is in the background of the government
government corporation
created government agencies where they can sell a service if okayed by the government. Examples: Postal service, FDIC, Amtrack
independent executive agency,
agencies that are government owns but independent because they have sensitive information in them. Example: NASA, CIA, SSA
independent regulatory agency,
a federal organization that is responsible for creating and implementing rules that regulate private activity and protect the public interest in a particular sector of the economy. Examples: EPA, Fed, FCC
issue networks
groups of individuals or organizations which consist of legislators and legislative staff members, interest groups leaders, bureaucrats, the media, scholars, and other experts, that support particular policy positions on a given issue.
rule making
the process of undertaken by an administrative agency when formally proposing, evaluating, and adopting, a new regulation.
What is the main job of the bureaucracy?
The main job of the bureaucracy is to do their jobs, Everyone in a bureaucracy reports to one person expect for the head of the bureaucracy. the Presidental bureaucracy is to make sure the president looks good.
What are executive departments and agencies?
They are departments that are part of the president’s executive branch, they are appointed by the president and are supposed to do follow the presidental polices.
conference
in regard to the Supreme court, a private meeting of the justices in which they present their arguments concerning a case under consideration
dissenting opinion
A statement written by a judge or justice who disagrees with the majority opinion
federal question
A question pertaining to the U.S. constitution, Acts of Congress, or treaties. A federal question provides a basis for federal court jurisdiction
precedent
a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts and legal issues
senatorial courtesy
a practice that allows a senator of the president’s party to veto the president’s nominee to a federal court judgeship within the senator’s state.
What is judicial independence? From whom is the judiciary independent from?
independence of branches as well as a voter.
What is judicial review?
The power to declare something unconsituitional and of the actions of the executive branch.
How does judicial independence affect the Supreme Court’s use of judicial review?
They can say what different things mean. Judicial independence is consititutional Judicial review is not.
Which courts are the trial courts in the federal judicial system?
State courts
What kind of cases does the Supreme Court review?
final decision makers on laws, treaties, constitution, Federal question, Federal and State court decisions.
What are formal powers?
They are stated in the consitution. Powers of the president, sign or veto legislation; pardon power; Commander-in-Chief; appointment power (don’t need to know everyone he can appoint); Chief Executive (power to carry out the laws); negotiate treaties
Who are the constitutional heads of the U.S. House and U.S. Senate?
U.S. house- Speaker of the house U.S. Senate- Majority Leader
chief diplomat
the role of the president of the United States is recognizing and interacting with foreign government
conference committee,
a temporary committee that is formed when two chambers of congress pass differing versions of the same bill. the conference committee consists of members from the House and the Senate who work out a compromise bill
Defense Dept.;
executive agencies Duties: manage the armed forces; operates military bases.
State Dept;
executive agencies Duties: negotiates treaties, develops our foreign policy, protects citizens abroad Subagencies: bureau of consular affairs, passports
Treasury Dept;
executive agencies Duties: Pays all federal bills, borrows money, collects federal taxes, mints coins and prints paper currency, supervises national banks. Subagencies: internal revenue service, U.S. Mint
Dept. of Justice;
executive agencies Duties: Furnishes legal advice to the president, enforces federal criminal laws, supervises the federal corrections system. Subagencies: FBI, DEA, Bureau of prisons, U.S. Marshals service
Dept. of Homeland Security;
executive agencies Duties: works to prevent terrorist attacks within the United States, control America’s boarders and minimize the damage from potential attacks and natural disasters subagencies: U.S. Customs and Border protection, U.S. Bureau of Citizenship and immigration services, U.S. Coast Guard, secret service, federal emergency, Management Agency
What are independent executive agencies?
A federal agency that is not located within a cabinet department
CIA;
Independent executive agency duties: gathers and analyzes political and military information about foreign countries, conducts covert operations outside the United States.
NASA;
Independent agency executive duties: is responsible for the U.S. space program, including building, testing,and operating space vehicles
Social Security Administration (SSA)
Independent agency executive duties:: manages the government’s Social security programs, including retirement and survivors insurance, disability insurance and supplemental security income.
What are independent regulatory agencies?
A federal organization that is responsible for creating and implementing rules that regulate private activity and protect the public interest in a particular sector of the economy.
EPA;
independent regulatory agencies, undertakes programs aimed at reducing air and water pollution, works with state and local agencies to fight environmental hazards.
Federal Reserve and Federal Communications Commission (FCC)
independent regulatory agencies, regulates interstate and international communications by radio, television, wire, satellite and cable
What are the government corporations?
an agency of the government that is run as a business enterprise. Such agencies engage primarily in commercial activities, produce revenues, and require greater flexibility than most government agencies have
Postal Service;
government corporation: delivers mail throughout the United States and its territories. Is the largest government corporation
Amtrak;
government corporation: provides a national and intercity rail passenger service networks
Federal Deposit Insurance Corporation (FDIC)
government corporation: insures individuals bank deposits up to $250,000 and oversees the business activities of banks
What is patronage?
the practice by which elected officials give government jobs to individuals who helped them gain office. Changes when someone else is elected.
What problems are caused by having a bureaucracy filled with people chosen under patronage?
It has to change when someone new gains office, new training,
What is the civil service?
non military government employees, hires almost all buarecrats based upon a merit system in which each job candidate must be qualified for the job and cannot be fired for lack of political loyalty, Problems: effiencey, treating each other the same, to hard to fire.
How does the Supreme Court decide whether or not to take a case?
The case must have federal question.
What is the Rule of 4?
4 out of the 9 judges to say it can be discussed.
What is oral argument?
A spoken argument presented to a judge in person by an attorney on behalf of her or his client
What influences judicial decisions?
Personal ideology, other rulings, how to interpret laws, evidence from the case, fellow justices.
What is judicial activism?
Judicial activism is the view that judges and justices should use the powers of the courts to correct the mistakes of the other 2 branches or past judicial decisions.
What is judicial restraint?
view that judges and justices should use powers to correct mistakes when nessassary. over legal or constitutional mistakes.
What influences the president’s decision on who to choose as a Supreme Court justice?
Partisanship is tied to political ideology which will affect how a justice interprets laws and the Constitution. Therefore, the president is extremely likely to choose someone from his own party to be a Supreme Court justice. The partisan makeup of the Senate also affects who is chosen. The president must consider who can successfully get through the Senate if the opposing party is the majority.
What are inherent powers?
the powers of the national government that although not always expressly granted by the consititution are neccessary to ensure the nation’s integrity and survival as a political unit. Presidental: executive privilege; executive agreement; executive order; make war
executive agreement
a binging international agreement or pact that is made between the president and another head of state and that does not require senate approval
executive order;
a presidential order to carry out a policy or policies described in a law passed by congress
What is executive privilege?
an inherent executive power claimed by presidents to withhold infomation from or to refuse to appear before, Congress or the courts. The president can also accord the privilege to other executive officials.
What is the job of the whips?
a whip is a member of Congress who assists the majority or minority leader in the House of the Senate in managing the party’s legislative program.
What influences how a member of Congress votes on a bill?
What party they favor
When do members of Congress consider re-election concerns when choosing how to vote on a bill?
When someone is not being loyal to the party that they said they would vote for.
Who can introduce a bill to the House? to the Senate?
Only members of the groups and sometimes the president.
What is an authorization bill?
A part of the congressional budgeting process the creation of the legal basis for government programs. First part of the two part process. Congress passe them to outline the rules governing the expenditure of funds/
What is an appropriations bill?
A part of the congressional budgeting process the determination of how many dollars will be spent in a given year on a particular government activity. Congress determines how many dollars.
Why do policies need both authorization and appropriations?
Because the government needs to know why they are going to spend the money and how much they are going to spend on a certain one.
