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 The _______ ____ is no longer in effect for the president.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
