Gov Final Flashcards
Bicameral
Made up of Two Houses
sessions
meetings ;)
congressional appointment
deciding how many representatives a state should have in the house based upon its size
Gerrymandering
redrawing district boundaries and borders to gain an advantage.
Incumbency
a person holding an office continuing to do because it is easy to be reelected
House Rules
More strict than senate rules. defines the action an individual can take in the house based upon its size
Senate Rules
more flexible than house rules, gives senators more freedom to express their ideas. Unlimited debate on bills, relatively informal
expressed powers
legislative powers of congress as described in the constitution
implied powers
legislative powers that are implied in the constitution. allows congress to expand their power / influence
revenue bills
laws for making money. starts in the house, then goes to the senate.
appropriation bills
laws proposed to authorize spending. Usually originating from executive branch
authorization bills
sets up a federal program and specifies how much money can be appropriated for it.
interstate commerce
commerce among the states, regulated by congress
Non-legislative Powers
Power to:
choose a president if there is no majority in the electoral college
impeach any federal officer for misconduct
approval of any presidential appointments to office
ratify formal treaties with other nations
propose amendments to constitution.
Private vs. Public Bills
Private bills: individuals people / places, often accusations against the government, or a persons immigration problem.
Public bills: entire nation and general matters
Resolutions vs. bills
Resolutions: used to make policy on unusual or temporary issue. Don’t have same enforcement as laws unless passed by senate, house, and president. Bills are expected to be followed and enforced, and affect a larger number of citizens.
Rider
Provision attached to a bill, covers a subject other than the one covered in the bill
Earmarks
Ways that members of congress can specify that some part of a funding bill will go to a certain purpose
Pork barrel
A bill that starts a federal project in a certain area or district. Usually proposed by a congressman vying for his/her region.
How a bill becomes law
Introduced to house or senate
Sent to a committee or subcommittee
Sent to house / senate
Sent to President
If president doesn’t sign it in 10 days, and congress doesn’t adjourn, bill becomes a law
If president vetoes the bill, a 2/3 congress vote can override it.
Different Types of Vetoes
Normal veto: president outright rejects it
Pocket veto: president refuses to act on bill for 10 days, and congress adjourns in those 10 days
Line-Item veto: president only vetoes certain provisions of the bill, and keeps the rest
Impeachment process
House holds power to impeach any federal official with a 2/3 vote. If impeaching the president, the Chief Justice presides over the trial and senate
Presidential succession
Process of replacing a president after death or removal. 25th amendment specifies process: Vice President replaces president. President appoints nominee if VP needs to be replaced
Roles of President
Commander in Chief Appointer of: the heads of the executive office Federal court judges Ambassadors
Makes treaties Meets with leaders of other countries Hosts foreign officials Ensures all laws are faithfully executed Manages federal budget Delivers state of the union address
Executive orders
Rules with force of law from the president. The executive order can pertain only to executing a law, plenty of presidents have abused this however. Truman used it to integrate armed forces, Roosevelt used it to put japs in internment camps
Executive privilege
Right of president and other high-ranking executive officials refuse to provide information to congress or a court. Used to keep White House discussions confidential while they are deciding on policies
Cabinet departments
advisory body to the president, the president him/herself, and the Vice President. 15 departments, each with their own bureaus.
All departments of the cabinet
Department of: State HL security Treasury Defense Justice Interior Agriculture Commerce Labor Health and human services Housing and urban development Transportation Energy Education Veterans affairs
Dept. HL Security
Created after terrorist attack in 2001. Controls coast guard, border patrol, immigration, customs, emergency management. Analyzes data collected from FBI and CIA
Dept. state
Responsible for implementing foreign policy of the United States, protects rights of US citizens in foreign countries, creates embassies in other countries
Dept. treasury
Manages monetary resources of US. manufactures money, houses the IRS borrows and repays money
Department of defense
Created 1947. Dept. of war and navy merged. Manages US armed forces
Department of justice
Oversees nations legal affairs - same as attorney general. Houses FBI, DEA. Enforces antitrust laws and civil rights legislation
department of the interior
protects public lands and natural resources. oversees relations. native american relations. Houses the bureau of mines. oversees national parks
department of agriculture
helps farmers improve their incomes and expand their markets. develops conservation programs, safeguards nations food supplies.
department of commerce
promotes and protects the industrial and commercial segments of the American economy. houses the bureau of the census. in charge of patents and trademarks
department of labor
ensures safe working conditions, minimum wage, pension rights
department of health and human services
medicare and medicaid, public health service-national health policy, medical research, ensures safety of foods and drugs through inspections. new drugs must be inspected before being sold
department of housing and urban development
ensures americans equal housing opportunities, makes mortgage money available for people to buy homes
department of transportation
administrations: aviation, railroad, highway, transit
department of energy
plans energy policy and researches and develop energy technology
department of education
coordinates federal assistance programs for public and private schools. oversees programs to help students with limited English proficiency and with physical disabilities.
department of veterans affairs
administers hospitals and educational programs for veterans and their families.
independent agencies
executive office of the president (EOP) consists of people and independent agencies that directly assist the chief executive with advice and information.
role of electoral college
winner takes all electoral votes. makes the populous minority vote not matter at all.
Presidential Requirements
over 35
natural born US citizen
resident of US for 14 years
preferably has gov. experience
Federal court system
supreme court and lower courts established by confess. power derived from the constitution and federal laws. federal courts hear trials regarding federal laws
Marbury v. Madison
court has power of judicial review (determining whether a law or government action is constitutional). This power is what gives the courts influence in the check and balances.
Due process
no state may deprive any person of life, liberty, or property without due process law.
judicial circuits
twelve regions within the U.S. each with its own appellate court. 13th court not assigned a region, as it is a special appeals court with national jurisdiction
indictment
formal accusation charging a person with a crime after a fair and speedy trial
Grand jury vs. petit jury
Grand Jury: 16 - 23 people, hears charges against a person suspected of a crime.
Petit Jury: 6 -12 people, hears civil and criminal cases
Supreme Court Justices
Nine justices who serve lifetime terms, and are appointed by the president.
Per Curiam
brief, unsigned statement of the Supreme Court’s Decision
Amicus Curiae
“friend of the court” beliefs.
Briefs
written statement submitted by the lawyers on each side of a Supreme Court case that sets forth the legal arguments, relevant facts, and precedents supporting one side of the case
Writ of Certiorari
way for a case to reach the supreme court. order from the Supreme Court for a lower court to send up records on a case for review. If a case is granted vert, it is heard by the Supreme Court
Different Types of Supreme Court Opinions
Unanimous: all vote the same
Majority: view of most justices
concurring: voting with majority, but for diff. reason
dissenting: opinion of minority of justices
Supreme Court Processes
A case reaches the Court through writ of certiorari, or works its way through district and appeal courts
Judicial Activism vs. Restraint
Judicial Restraint: stance that the Supreme Court should avoid taking initiative on social and political issues, should uphold acts of congress unless unconstitutional, and should leave policy making to other branches.
Judicial Activism: Court should actively help settle social and political questions, and more frequently declare some unconstitutional
precedent
a former Supreme Court case who’s ruling is used to support an argument in a present-day case.
stare decisis
“let the court stand”. stare decisis is one of the basic principles of law in making judicial decisions. once Court decision is made, the decision is concrete and can be used as precedent in future cases.
Tort Law
Protects citizens and gives them compensation when they are injured. Two types of Tort.
Intentional: deliberate bodily harm (assault / battery)
Unintentional: accidental bodily harm (no “wet flow” sign).
14th amendment
contains due process law
