Final exam Flashcards
Specific powers granted to the president under Article II, sections 2 and 3, of the Constitution
Expressed powers of the president
Constitutional powers that are assigned to one governmental agency but that are exercised by another agency with the expressed permission of the first.
Delegated powers
Powers claimed by a president that are not expressed in the Constitution but are inferred from it.
Inherent powers
The position of the president as commander of the national military and the state National Guard units (when they are called into service).
Commander in Chief
A resolution of Congress that the president can send troops into action only by authorization of Congress, or if American troops are already under attack or serious threat.
War Powers Resolution
An agreement between the president and another country, which has the force of a treaty but does not require the Senate’s “advice and consent.”
Executive agreement
The claim that confidential communications between a president and close advisers should not be revealed without the consent of the president.
Executive privilege
The president’s constitutional power to turn down acts of Congress. A presidential ____ may be overridden by a two-thirds vote of each house of Congress
Veto
A presidential veto of legislation wherein the president takes no formal action on a bill. if Congress adjourns within ten days of passing a bill, and the president does not sign it, the bill is considered to be vetoed
Pocket veto
Power that allows a governor (or the president) to strike out specific provisions (lines) of bills that the legislature passes. Without a ______ ____, the governor (or president) must accept or reject an entire bill. The _______ ____ is no longer in effect for the president.
Line-item veto
The president’s inherent power to bring a legislative agenda before Congress
Legislative initiative
A rule or regulation issued by the president that has the effect and formal status of legislation.
Executive order
The secretaries, or chief administrators, of the major departments of the federal government. ______ secretaries are appointed by the president with the consent of the Senate
Cabinet
A presidential foreign policy advisory council composed of the president; the vice president; the secretary of state; the secretary of defense; and other officials invited by the president. The ___ has a staff of foreign policy specialists.
National Security Council (NSC)
Description of presidential politics in which all presidential actions are taken with re-election in mind
Permanent campaign
An announcement made by the president when signing bills into law, often presenting the president’s interpretation of the law.
Signing statement
The branch of law that deals with disputes of actions involving criminal penalties (as opposed to civil law). It regulates the conduct of individuals, defines crimes, and provides punishment for criminal acts.
Criminal Law
The individual or organization that brings a complaint in court
Plaintiff
The individual or organization against which a complaint is brought in criminal or civil cases.
Defendant
A system of jurisprudence, including private law and governmental actions, to settle disputes that do not involve criminal penalties
Civil Law
A prior case whose principles are used by judges as the bases for their decisions in a present case.
Precedent
Literally “let the decision stand.” A previous decision by a court applies as a precedent in similar cases until that decision is overruled.
Stare Decisis
Cases in private law, civil law, or criminal law in which one party to the dispute argues that a law is inequitable or unconstitutional, or an agency has acted unfairly, violated a procedure, or gone beyond its jurisdiciton
Public law
The first court to hear a criminal or civil case
Trial Court
A court that hears the appeals of trial court decisions.
Court of appeals
The highest court in a particular sate or in the United States. This court primarily serves an appellate function.
Supreme court
The authority of a court to consider a case initially. Distinguished from appellate ________, which is the authority to hear appeals from a lower court’s decision.
Jurisdiction
To proceed according to law and with adequate protection for individual rights.
Due process
A court order demanding that an individual in custody be brought into court and shown the cause for detention. _______ _______ is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion
Habeas corpus
Justice on the Supreme Court who presides over the Court’s public sessions.
Chief Justice
The practice whereby the president, before formally nominating a person for a federal judgeship, will seek approval of the nomination from the senators who represent the candidate’s own state.
Senatorial courtesy
Power of the courts to declare actions of the legislative and executive branches invalid or unconstitutional. The Supreme Court asserted this power in Marbury v. Madison (1803)
Judicial Review
Article VI of the constitution, which states that laws passed by the national government and all treaties are the supreme laws of the land and superior to all laws adopted by any state or any subdivision
Supremacy clause
The right of an individual or organization to initiate a court case.
Standing
A criterion used by courts to screen cases that no longer require resolution
Mootness
A decision of at least four of the nine Supreme Court justices to review a decision of a lower court; from the Latin phrase “to make more certain.”
writ of certiorari
The top government lawyer in all cases before the appellate courts to which the government is a party
Solicitor General
Literally, “friend of the court”; individuals or groups who are not parties to a lawsuit by who seek to assist the court in reaching a decision by presenting additional briefs.
amicus curiae
a written document in which attorneys explain why a court should rule in favor of their client
Brief
Oral presentations to a court made by attorneys for both sides in a dispute.
Oral argument
The written explanation of the supreme court’s decision in a particular case.
Opinion
Decision written by a justice in the minority in a particular case in which the justice wishes to express his or her reasoning in the case
dissenting opinion
Judicial deference to the views of legislatures and adherence to strict jurisdictional standards.
Judicial restraint
Proclivity of a court to select cases because of their importance to society rather than adhering to strict legal standards of jurisdiction.
Judicial activism
A lawsuit in which large numbers of persons with common interests join together under a representative party to bring or defend a lawsuit, such as hundreds of workers together suing a company.
Class action suit
two-pronged psychological framework
- Approach to work: active or passive
- Active: aggressive, assertive, pressing, fight
- Passive: non-aggressive, non-assertive
- World view: positive or negative
- Positive: upbeat, sunny, hopeful, optimistic
- negative: downbeat, dark, gloomy, hopeless
Personality approach to presidency
How much of their legislative agenda they are able to pass.
How political scientists define success in a president.
Theories of Supreme Court decisions?
Legal model:
-precedent, stare decisis, facts
-politics is unimportant
-gravity of the office
Extra-legal model
-politics matter
-individual justices' politics
-lobbying ("friend of the court" briefs)There is no such thing as founders’ intent. The constitution grows/changes over time.
Living Constitution
How many federal district courts are there? (courts of original jurisdiction)
94.
Facts: mailed circulars to draftees telling them to resist.
Questions: are Schenck’s actions protected under the 1st amendment.
Conclusion: under clear and present danger his actions are not protected. during wartime, utterances tolerable during peacetime can be punished.
Shenck v. United States
Facts: Gitlow, a socialist, was arrested for distributing copies of a “left-wing manifest”. saying “I want to overthrow the U.S. Government.” which is illegal.
Questions: Does NY law punishing the advocacy of over-throwing the Government an unconstitutional violation of the free speech clause?
Conclusion: Threshold issue: does 1st amendment apply to the states. Yes, it applies to the states because of the 14th amendment.
Gitlow v. New York
Facts: April of 1952, during Korean War, president Truman issued executive order to directing secretary of commerce Sawyer to take over the Steel Industry.
Questions: Did the president have authority to seize and operate the steel mills
Conclusion: The president does not have the right to do that
Youngstown Sheet & Lube Co. v. Sawyer
Facts: Roe wanted an abortion in TX where it was illegal
Questions: Does the constitution protect woman’s right to terminate pregnancy?
Conclusion: The right to terminate pregnancy is under the right to privacy (4th amendment) and the 14th amendment applies this to the state
Roe v. Wade
Citizens’ attitudes about political issues, personalities, institutions, and events
Public opinion
The induction of individuals into the political culture; learning the underlying beliefs and values upon which the political system is based
Political socialization
Social institutions, including families and schools, that help to shape individuals’ basic beliefs and values
Agents of socialization
A distinctive pattern of voting behavior reflecting the differences in views between women and men
Gender Gap
A ______ today generally supports political and social reform; extensive governmental intervention in the economy; the expansion of federal social services; more vigorous efforts on behalf of the poor, minorities, and women; and greater concern for consumers and the environment.
Liberal
Today this term refers to one who generally supports the social and economic status quo and is suspicious of efforts to introduce new political formulae and economic arrangements. _______ believe that a large and powerful government poses a threat to citizens freedom
Conservative
The requirement that broadcasters provide candidates for the same political office an equal opportunity to communicate their messages to the public
Equal time rule
An FCC regulation giving individuals the right to have the opportunity to respond to personal attacks made on a radio or TV broadcast
Right of rebuttal
An FCC requirement that broadcasters who air programs on controversial issues provide time for opposing views
Fairness Doctrine
An effort by a government agency to block the publication of material it deems libelous or harmful in some other way; censorship. in the United States, the courts forbid _____ _______ except under the most extraordinary circumstances.
Prior restraint
The power of the media to bring public attention to particular issues and problems
Agenda-setting
when a person sees, for example crime, on the daily news everyday, versus someone who does not watch the news, this may be their primary issue in the upcoming mayoral election. this is an example of what?
Priming
refers to the media’s power to influence how events and issues are interpreted.
Framing
The increasing blend of politics and entertainment/news without a policy angle. Often turning reporters into celebrities
Soft news or “infotainment”
measures the intensity of which individuals hold a given opinion and how likely to get on it.
Public opinion intensity
the response to a public opinion poll. (yes or no; more or less; 1 to 100. people have opinions about proper directions and beliefs
Public opinion direction
A state-imposed tax on voters as a prerequisite for registration. ____ ____ were rendered unconstitutional by the twenty-fourth amendment, and in state elections by the Supreme Court in 1966
Poll tax
An electoral format that presents the names of all the candidates for any given office on the same ballot. Introduced at the turn of the twentieth century, the Australian ballot replaced the partisan ballot and facilitated split-ticket voting
Australian ballot
An electorate that is allowed to elect only one representative from each district; the normal method of representation in the United States
Single-member district
Apportionment of voters in districts in such a way as to give unfair advantage to one political party
Gerrymandering
Type of electoral system in which, to win a seat in the parliament or other representative body, a candidate need only receive the most votes in the election, not necessarily a majority of votes cast
Plurality rule
Type of electoral system in which, to win a seat in the parliament or other representative body, a candidate must receive a majority of all the votes cast in the relevant district
Majority rule
A multiple-member district system that awards seats based on the percentage of the vote won by each candidate. by contrast, the “winner-takes-all” system of elections awards the seat to the one candidate who wins the most votes
Proportional representation
The practice of referring a measure proposed by a legislature to the vote of the electorate for approval or rejection.
referrendum
The process that allows citizens to propose new laws and submit them for approval by the state’s voters.
initiative
Procedure to allow voters an opportunity to remove state officials from office before their terms expire.
recall
An individual voter’s psychological ties to one party or another.
Party indentification
Electoral choice based on issue preferences rather than partisanship, personality, or other factors
issue voting
Voting based on the imagined future performance of a candidate
Prospective Voting
Voting based on the past performance of a candidate
Retrospective voting
A private group that raises and distributes funds for use in election campaigns
Political action committee
An organised group that attempts to influence the government by electing its members to important government offices
Political Party
The process through which political parties select their candidate for election to public office
Nomination
A primary election in which voters can participate in the nomination of candidates, but only of the party in which they are enrolled for a period of time prior to primary day.
Closed primary
A primary election in which the voter can wait until the day of the primary to choose which party to enroll in to select candidates for the general election
Open primary
The party that holds the majority of legislative seats in either the House or the Senate.
Majority party
The point in history when a new party supplants the ruling party, becoming in turn the dominant political force. In the U.S. this has tended to occur roughly every 30 years
Electoral realignment
The condition in American government in which one party controls the presidency while the opposing party controls one or both houses of congress
divided government
A party that organizes to compete against the two major American political parties
Third party
An electorate that selects all candidates at large from the whole district; each voter is given the number of votes equivalent to the number of seats to be filled
Multiple-member district
A normally closed meeting of a political or legislative group to select candidates, plan strategy, or make decisions regarding legislative matters
caucus
A group of people organized around a shared belief or mutual concern who try to influence the government to make policies promoting their belief or concerns
Interest Group
The theory that all interest are and should be free to compete for influence in the government. The outcome of this competition is balance and compromise
Pluralism
Benefits, sought by groups, that are broadly available and cannot be denied to nonmembers
collective goods
One who enjoys the benefits of collective goods but did not participate in acquiring them.
Free rider.
Special newsletters, periodicals, training programs, conferences, and other info provided to members of groupls to entice other to join
informational benefits
special goods, services, or money provided to members of groups to entice others to join
material benefits
selective benefits of a group membership that emphasize friendship, networking, and consciousness raising
social benefits
selective benefits of group membership that emphasize the purpose and accomplishments of the group
purposive benefits
An attempt by a group to influence the policy process through persuasion of government officials
lobbying
A strategy that attempts to mobilize the widest and most favorable climate of opinion
Going public
a lobbying campaign in which a group mobilizes its membership to contact government officials in support of the group’s position
grassroots lobbying
Groups that link the people, interest groups, and government
linkage institutions
Corporations and the wealthy dominates the system (iron triangles)
Elitism
models to explain interest group behavior
Plurlism and elitism
Everyone gets the benefits, but no one wants to work for them
Free rider problem
A special runoff election in which the computerized voting machine simulates the elimination of last-place voter-getters.
Instant runoff election
the effect of vote splitting between candidates or ballot questions with similar ideologies. One spoiler candidate’s presence in the election draws votes from a major candidate with similar politics thereby causing a strong opponent of both or several to win. The minor candidate causing this effect is referred to as a spoiler.
Spoiler effect from third parties in elections
a term used to describe the modern presidency of the United States. The executive branch has seized much power from the other branches and has much more authority now-a-days
imperial presidency
a term used by political scientists to describe the policy-making relationship among the congressional committees, the bureaucracy and interest groups
Iron Triangle
a decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states. Justice William Brennan wrote for a five-justice majority in holding that the defendant Gregory Lee Johnson’s act of flag burning was protected speech under the First Amendment to the United States Constitution.
Texas v. Johnson
A group of people organized around a shared belief or mutual concern who try to influence the government to make policies promoting their belief or concerns
interest group
Functions of Political parties
- getting out the vote
- making voting choices easier - party identification
- manage transfer of power - president’s cabinet
- link government and people
- reconcile conflicting interests
- link branches of government (legislative and presidency)
Jefferson: LA purchase Jackson: removal of cherokees Lincoln: habeas corpus, democratic newspapers F. D. Roosevelt: congress defers Harry Truman: Steel seizure Reagan: Iran Contra
Great Presidents
Institutional Approach:
Two kinds of executive power:
-head of state
-head of government
Powers as given by constitution &changed overtime
-most democracies separate head of state and gov.
how to study the presidency
Registration
- may be easy, but it reduces turnout (30 days)
- states with same day registration have higher voter turnout
do you want ill-informed people voting based on stupid things (candidates’ appearances, last names)?
a good reason to vote: minimizing chance of worst possible outcome: your preferred candidate losing by one vote
costs v. benefits of voting
a principle that asserts that plurality rule elections structured within single-member districts tend to favor a two-party system. This is one of two hypotheses proposed by Duverger, the second stating that “the double ballot majority system and proportional representation tend to multipartism.
Duverger’s Law
Middle-aged more than young college educated higher income more than lower church goers strong partisans sense of political effectiveness sense of civic duty concern over election outcome
demographic voting patterns
critical/realigning election 1800
winner?
loser?
facts?
winner: thomas jefferson
Loser: aaron burr
facts: president eventually chosen by the House; transition of power from one party to another; 12th amendment provide separate ballots for pres and VP
critical/realigning election 1829
winner?
loser?
facts?
winner: andrew jackson
loser: john quincy adams
facts: democratization - jackson supported by western farmers, eastern laborers and the south; unprecedented large popular vote; universal white male sufferage.
critical/realigning election 1860
winner?
loser?
facts?
Winner: abraham lincoln
loser: stephen A douglas,
Facts: democratic party’s split essentially assured lincoln of victory; est. basis of current two-party system; lincoln’s victory led to the civil war.
critical/realigning election 1896
winner?
loser?
facts?
Winner: William McKinley
Loser: William Jennings Bryan
Facts: Democrats become a regional party; solid south; Republican alliance with business gets bigger support too through tariff
critical/realigning election 1932
winner?
loser?
facts?
Winner: Franklin D. Roosevelt
Loser: herbert hoover
Facts: New Deal Coalition - African Americans, southerners, union members, jews; democratic party as liberal party.
critical/realigning election 1968
winner?
loser?
facts?
Winner: Richard Nixon
Loser: hubert humphrey
critical/realigning election 1972
winner?
loser?
facts?
Winner: Nixon
Loser: george McGovern
critical/realigning election 1980
winner?
loser?
facts?
Winner: reagen
Loser: Carter
critical/realigning election 1984
winner?
loser?
facts?
Winner: reagn
Loser: Mondale
