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