final exam Flashcards
constitutional authority (presidential)
Powers derived from the provisions of the Constitution that outline the president’s role in government
statutory authority (presidential)
Powers derived from laws enacted by Congress that add to the powers given to the president in the Constitution.
vesting clause
Article II, Section 1, of the Constitution, which states: “The executive Power shall be vested in a President of the United States of America,” making the president both the head of government and the head of state
head of government
One role of the president, through which he or she has authority over the executive branch
head of state
One role of the president, through which he or she represents the country symbolically and politically
recess appointment
Selection by the president of a person to be an ambassador or the head of a department while the Senate is not in session, thereby bypassing Senate approval. Unless approved by a subsequent Senate vote, recess appointees serve only to the end of the congressional term
executive orders
Proclamations made by the president that change government policy without congressional approval
executive agreement
An agreement between the executive branch and a foreign government, which acts as a treaty but does not require Senate approval.
State of the Union
An annual speech in which the president addresses Congress to report on the condition of the country and to recommend policies
executive privilege
The right of the president to keep executive branch conversations and correspondence confidential from the legislative and judicial branches.
Executive Office of the President (EOP)
The group of policy-related offices that serve as support staff to the president.
Cabinet
The group of 15 executive department heads who implement the president’s agenda in their respective positions
unilateral action (presidential)
Any policy decision made and acted upon by the president and presidential staff without the explicit approval or consent of Congress.
signing statement
A document issued by the president when signing a bill into law explaining his or her interpretation of the law, which often differs from the interpretation of Congress, in an attempt to influence how the law will be implemented
presidential approval rating
The percentage of Americans who think that the president is doing a good job in offic
going public
A president’s use of speeches and other public communications to appeal directly to citizens about issues the president would like the House and Senate to act on
bureaucracy
The system of civil servants and political appointees who implement congressional or presidential decisions; also known as the administrative state
civil servants
Employees of bureaucratic agencies within the government.
political appointees
People selected by an elected leader, such as the president, to hold a government position.
regulation
A rule that allows the government to exercise control over individuals and corporations by restricting certain behaviors.
notice-and-comment procedure
A step in the rule-making process in which proposed rules are published in the Federal Register and made available for debate by the general public
state capacity
The knowledge, personnel, and institutions that the government requires to effectively implement policies
problem of control
A difficulty faced by elected officials in ensuring that when bureaucrats implement policies they follow these officials’ intentions but still have enough discretion to use their expertise
principal–agent game
The interaction between a principal (such as the president or Congress), who needs something done, and an agent (such as a bureaucrat), who is responsible for carrying out the principal’s orders.
red tape
Excessive or unnecessarily complex regulations imposed by the bureaucracy.
standard operating procedures (SOPs)
Rules that lower-level bureaucrats must follow when implementing policies
federal civil service
A system created by the 1883 Pendleton Civil Service Act in which bureaucrats are hired on the basis of merit rather than political connections.
Office of Management and Budget
An office within the EOP that is responsible for creating the president’s annual budget proposal to Congress, reviewing proposed rules, and performing other budget-related tasks
independent agencies
Government offices or organizations that provide government services and are not part of an executive department.
budget maximizers
Bureaucrats who seek to increase funding for their agency whether or not that additional spending is worthwhile
bureaucratic drift
Bureaucrats’ tendency to implement policies in a way that favors their own political objectives rather than following the original intentions of the legislation
oversight
Congressional efforts to make sure that laws are implemented correctly by the bureaucracy after they have been passed
police patrol oversight
A method of oversight in which members of Congress constantly monitor the bureaucracy to make sure that laws are implemented correctly
fire alarm oversight
A method of oversight in which members of Congress respond to complaints about the bureaucracy or problems of implementation only as they arise rather than exercising constant vigilance.
original jurisdiction
The authority of a court to handle a case first, as in the Supreme Court’s authority to initially hear disputes between two states. However, original jurisdiction for the Supreme Court is not exclusive; it may assign such a case to a lower court
Judiciary Act of 1789
The law in which Congress laid out the organization of the federal judiciary. The law refined and clarified federal court jurisdiction and set the original number of justices at six. It also created the office of the attorney general and established the lower federal courts.
district courts
Lower-level trial courts of the federal judicial system that handle most U.S. federal cases
appellate jurisdiction
The authority of a court to hear appeals from lower courts and change or uphold the decision
judicial review
The Supreme Court’s power to strike down a law or an executive branch action that it finds unconstitutional
constitutional interpretation
The process of determining whether a piece of legislation or governmental action is supported by the Constitution
statutory interpretation
The various methods and tests used by the courts for determining the meaning of a law and applying it to specific situations. Congress may overturn the courts’ interpretation by writing a new law; thus, it also engages in statutory interpretation
plaintiff
The person or party who brings a case to court.
defendant
The person or party against whom a case is brought
plea bargaining
Negotiating an agreement between a plaintiff and a defendant to settle a case before it goes to trial or the verdict is decided. In a civil case, this usually involves an admission of guilt and an agreement on monetary damages; in a criminal case, this often involves an admission of guilt in return for a reduced charge or sentence
class-action lawsuit
A case brought by a group of individuals on behalf of themselves and others in the general public who are in similar circumstances
common law
Law based on the precedent of previous court rulings rather than on legislation. It is used in all federal courts and 49 of the 50 state courts
precedent
A legal norm established in court cases that is then applied to future cases dealing with the same legal questions
standing
Legitimate justification for bringing a civil case to court
jurisdiction
The sphere of a court’s legal authority to hear and decide cases.
appeals courts
The intermediate level of federal courts that hear appeals from district courts. More generally, an appeals court is any court with appellate jurisdiction
senatorial courtesy
A norm in the nomination of district court judges in which the president consults with his or her party’s senators from the relevant state in choosing the nominee
writ of certiorari
The most common way for a case to reach the Supreme Court, in which at least four of the nine justices agree to hear a case that has reached them via an appeal from the losing party in a lower court’s ruling.
mootness
The irrelevance of a case by the time it is received by a federal court, causing the Supreme Court to decline to hear the case.
cert pool
A system initiated in the Supreme Court in the 1970s in which law clerks screen cases that come to the Supreme Court and recommend to the justices which cases should be heard.
solicitor general
A presidential appointee in the Justice Department who conducts all litigation on behalf of the federal government before the Supreme Court and supervises litigation in the federal appellate courts
amicus curiae
Latin for “friend of the court,” referring to an interested group or person who shares relevant information about a case to help the Court reach a decision
oral arguments
Spoken presentations made in person by the lawyers of each party to a judge or an appellate court outlining the legal reasons their side should prevail
strict construction
A way of interpreting the Constitution based on its language alone
living Constitution
A way of interpreting the Constitution that takes into account evolving national attitudes and circumstances rather than the text alone.
judicial restraint
The idea that the Supreme Court should defer to the democratically elected executive and legislative branches of government rather than contradicting existing laws
judicial activism
The idea that the Supreme Court should assert its interpretation of the law even if it overrules the elected executive and legislative branches of government
public policy
A law, rule, statute, or edict that expresses the government’s goals and provides for rewards and punishments to promote their attainment
policy agenda
The set of desired policies that political leaders view as their top priorities
fiscal policy
Government decisions about how to influence the economy by taxing and spending
monetary policy
Government decisions about how to influence the economy using control of the money supply and interest rates.
budget making
The processes carried out in Congress to determine how government money will be spent and revenue will be raised
United States Trade Representative (USTR)
An agency founded in 1962 to negotiate with foreign governments to create trade agreements, resolve disputes, and participate in global trade-policy organizations. Treaties negotiated by the USTR must be ratified by the Senate
National Economic Council (NEC)
A group of economic advisers created in 1993 to work with the president to coordinate economic policy
Aid to Families with Dependent Children (AFDC)
The federal welfare program in place from 1935 until 1996, when it was replaced by TANF under President Clinton
Federal Reserve System
An independent agency that serves as the central bank of the United States to bring stability to the nation’s banking system.
Treasury Department
A cabinet-level agency that is responsible for managing the federal government’s revenue. It prints currency, collects taxes, and sells government bonds
full employment
The theoretical point at which all citizens who want to be employed have a job.
economic depression
A deep, widespread downturn in the economy, like the Great Depression of the 1930s.
Council of Economic Advisers (CEA)
A group of economic advisers, created by the Employment Act of 1946, that provides objective data on the state of the economy and makes economic policy recommendations to the president.
inflation
The increase in the price of consumer goods over time
deflation
A decrease in the general prices of goods and services
gross domestic product (GDP)
The value of a country’s economic output taken as a whole.
balanced budget
A spending plan in which the government’s expenditures are equal to its revenue
budget deficits
The amount by which a government’s spending in a given fiscal year exceeds its revenue
Keynesian economics
The theory that governments should use economic policy, like taxing and spending, to maintain stability in the economy
supply-side economics
The theory that lower tax rates will stimulate the economy by encouraging people to save, invest, and produce more goods and services
business cycle
The normal pattern of expansion and contraction of the economy
mandatory spending
Expenditures that are required by law, such as the funding for Social Security
discretionary spending
Expenditures that can be cut from the budget without changing the underlying law, which is everything other than defense, entitlements, and interest on the debt.
regressive
Describes taxes that take a larger share of poor people’s income than wealthy people’s income, such as sales taxes and payroll taxes
progressive
Describes taxes that require upper-income people to pay a higher tax rate than lower-income people, such as income taxes
monetarist theory
The idea that the amount of money in circulation (the money supply) is the primary influence on economic activity and inflation
reserve requirement
The minimum amount of money that a bank is required to have on hand to back up its assets
discount rate
The interest rate that a bank must pay on a short-term loan from the Federal Reserve Bank
federal funds rate (FFR)
The interest rate that a bank must pay on an overnight loan from another bank.
open market operations
The process by which the Federal Reserve System buys and sells securities to influence the money supply.
social policy
An area of public policy related to maintaining or enhancing the well-being of individuals
welfare
Financial or other assistance provided to individuals by the government, usually based on need.
new deal
The set of policies proposed by President Franklin Roosevelt and enacted by Congress between 1933 and 1935 to promote economic recovery and social welfare during the Great Depression
Great Society
The wide-ranging social agenda promoted by President Lyndon Johnson in the mid-1960s that aimed to improve Americans’ quality of life through governmental social programs.
ownership society
The term used to describe the social-policy vision of President George W. Bush, in which citizens take responsibility for their own social welfare and the free market plays a greater role in social policy
baby-boom generation
Americans born between 1946 and 1964, who are retiring in large numbers over the next 20 years
privatization
The process of transferring the management of a government program (like Social Security) from the public sector to the private sector.
Medicaid
An entitlement program funded by the federal and state governments that provides health care coverage for low-income Americans who would otherwise be unable to afford health care
income support
Government programs that provide support to low-income Americans, such as welfare, food stamps, unemployment compensation, and the EITC.
Temporary Assistance for Needy Families (TANF)
The welfare program that replaced AFDC in 1996, eliminating the entitlement status of welfare, shifting implementation of the policy to the states, and introducing several new restrictions on receiving aid. These changes led to a significant decrease in the number of welfare recipients.
foreign policy
Government actions that affect countries, corporations, groups, or individuals outside America’s borders. (page 464)
unilateral action (national)
Independent acts of foreign policy undertaken by a nation without the assistance or coordination of other nations
multilateral action
Foreign policy carried out by a nation in coordination with other nations or international organizations.
isolationism
The idea that a country should refrain from involvement in international affairs.
internationalism
The idea that a country should be involved in the affairs of other nations, out of both self-interest and moral obligation.
realism
The idea that a country’s foreign policy decisions are motivated by self-interest and the goal of gaining more power.
liberalism
The idea that foreign policy decisions reflect no native goals such as justice, equality, and human rights.
nation building
The use of a country’s resources, including the military, to help nondemocratic nations transform themselves into democracies
constructivism
The idea that foreign policy is shaped by how a state’s leaders define the national interest, ideology, and other factors
Monroe Doctrine
The American policy, initiated under President James Monroe in 1823, stating that the United States would remain neutral in conflicts between European nations and that these nations should stop colonizing or occupying areas of North and South America.
Cold War
The period of tension and arms competition between the United States and the Soviet Union that lasted from 1945 until 1991
containment
An important feature of American Cold War policy in which the United States used diplomatic, economic, and military strategies in an effort to prevent the Soviet Union from expanding its influence
mutually assured destruction
The idea that two nations that possess large stores of nuclear weapons—like the United States and the Soviet Union during the Cold War—would both be annihilated in any nuclear exchange, thus making it unlikely that either country would launch a first attack
détente
An approach to foreign policy in which cultural exchanges and negotiations are used to reduce tensions between rival nations, such as between the United States and the Soviet Union during the 1970s
Bush Doctrine
The foreign policy of President George W. Bush, under which the United States would use military force preemptively against threats to its national security. (
National Security Council (NSC)
An agency within the EOP that advises the president on matters of foreign policy
civilian control
The idea that military leaders do not formulate military policy but rather implement directives from civilian leaders.
intergovernmental organizations (IGOs)
Organizations that seek to coordinate policy across member nations.
nongovernmental organizations (NGOs)
Groups operated by private institutions (rather than governments) to promote growth, economic development, and other agendas throughout the world
World Bank
A nongovernmental organization established in 1944 that provides financial support for economic development projects in developing nations
International Monetary Fund (IMF)
A nongovernmental organization established in 1944 to help stabilize the international monetary system, improve economic growth, and aid developing nations
united nations
An international organization made up of representatives from nearly every nation, with a mission to promote peace and cooperation, uphold international law, and provide humanitarian aid
tariff
A tax levied on imported or exported goods
World Trade Organization (WTO)
An international organization created in 1995 to oversee trade agreements between nations by facilitating negotiations and handling disputes
most-favored-nation status
A standing awarded to countries with which a nation has good trade relations, providing the lowest possible tariff rate. WTO members must give one another this preferred status
economic sanctions
Penalties applied by one country or group of countries on another, usually in the form of tariffs or other trade barriers.
globalization.
The increase over the last generation in trade, travel, and the flow of ideas and beliefs between nations.
weapons of mass destruction (WMDs)
Weapons that have the potential to cause large-scale loss of life, such as nuclear bombs and chemical or biological weapons.