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PoliSci > Midterm 2 > Flashcards

Midterm 2 Flashcards

0
Q

Type of representative

Legislators simply reflect the views of their constituents

A

Delegate

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1
Q

A draft of a proposed law

A

Bill

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2
Q

A delegate does what constituents want regardless of what?

A

Regardless of the legislators own beliefs about what policies would best serve our country

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3
Q

Resident of the district or state represented by a member of the house or senate.

A

Constituent

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4
Q

Type of representation

Legislators that exercise judgements independent of their constituents’ views

A

Trustees

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5
Q

Bicameral Legislature

A

2 separate chambers

House of Reps & The Senate

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6
Q

How many senators does each state have?

A

2 senators

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7
Q

Each state gets a certain amount of House members according to what?

A

State population measured by the US Census

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8
Q

Currently, how many members of the house are there? & Each member represents about how many people?

A

435.

Each member represents 700,000 ppl

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9
Q

The Constitution gives the House Of Reps what one special lawmaking power?

A

Only it can originate bills for raising revenue

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10
Q

House of Representatives

“Sole Power of Impeachment”

A

A majority of the house may charge any executive or judicial officer with an offense serious enough to merit removal from office.

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11
Q

Senate

“Sole Power to Try all Impeachments”

A

If it convicts an individual by 2/3 vote, the person is immediately removed from office.

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12
Q

Members if The House & Senate are not subject to removal by the Impeachment process because?

A

They are not considered “officers of the United States”

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13
Q

To remove a House or Senate member…

A

Called “Expelling a member” and 2/3rds vote is necessary

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14
Q

The constitution gives The Senate 2 important responsibilities denied to the House

A

Senate can approve treaties (by 2/3 vote)

Confirm presidential nominations to the judiciary and high executive offices (by majority vote)

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15
Q

Checks & Balances

Legislative over Executive

A

Must confirm all presidential nominations

Controls the budget

Can impeach president

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16
Q

Checks & Balances

Executive over Legislative

A

President can veto congressional legislation

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17
Q

Checks & Balances

Legislative over Judicial

A

Senate must confirm presidential nominations of federal judge

Congress can impeach judges and remove them from office

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18
Q

Checks & Balances

Judicial over Legislative

A

The Court can declare laws unconstitutional

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19
Q

Checks & Balances

Judicial over Executive

A

The Court can declare presidential acts unconstitutional

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20
Q

Checks & Balances

Executive over Judicial

A

The president nominates judges

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21
Q

When at least one house of Congress does not have the majority from the president’s party

A

Divided government

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22
Q

The chief officer of the House of Reoresentatives

A

Speaker of the House

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23
Q

Majority Leader in the Senate

A

Highest ranking member of the majority, right under the Speaker.

Runs the chamber’s day to day business

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24
Q

Minority Leader

In the Senate & the House

A

Speaks for the minority in public forums

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25
Q

Parliamentarian

A

A staff expert on the rules in the House & the Senate

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26
Q

President pro tempore

A

Honorary position that goes to the longest serving member of the majority party

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27
Q

When senators keep speaking or debating to prevent final action on a bill

A

Filibuster

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28
Q

Party leader whose job is to:

Count likely votes on measures

Maintain communication between party leaders and members

Gather support for party positions on the floor

A

Whip

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29
Q

Groups of legislators in the House & Senate that deliberate on bills or other measures & make recommendations to the full body

A

Committees

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30
Q

Permanent bodies that evaluate legislative proposals within their jurisdictions

A

Standing committee

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31
Q

Standing committees often divide their work among ????????????

They handle very specific areas of policy and legislation

A

Subcommittees

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32
Q

Select (or Special) Committee

A

Permanent or temporary

Set up to mount an investigation or handle a particular issue

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33
Q

Joint committees

A

With members from both the House & the Senate

Carry out studies or administrative tasks

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34
Q

Conference Committee

A

Temporary joint committee that settles differences between Senate & House versions of a bill

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35
Q

Refers to continuous service in either the House or the Senate on a committee

A

Seniority

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36
Q

Legislative Hearings

A

Address specific measures before the committee

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37
Q

Oversight Hearings

A

Focus on how executives agencies are carrying out programs

identify problems that may require further legislation

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38
Q

Investigative Hearings

A

Often look into Scandals and disaster

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39
Q

Confirmation Hearings

A

Enable Senate committees to check out the president’s nominees for key posts

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40
Q

Any session of Congress that occurs after a national election & before the new congress has convened

A

Lame Duck Session

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41
Q

Companion Bill

A

A measure in one house that is similar or identical to a bill in the other

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42
Q

A resolution passed by both the house and senate. Similar to a bill but if wins 2/3 votes it skips president & goes directly to States

A

Joint Resolutions

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43
Q

Concurrent Resolution

A

Resolution passed by both the House & the Senate that expresses the sentiment of congress

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44
Q

Simple resolution

A

Resolution passed by either House OR Senate that usually address a matter only affecting one house

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45
Q

The practice where the parliamentarian of the House or Senate sends a bill to a committee for consideration

A

Referral

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46
Q

When one bill is sent to 2 or more committees for consideration

A

Multiple referral

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47
Q

Markup Session

A

Where members go through the bill line by line & propose amendments or changes

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48
Q

Open Rules

A

Rule governing debate in house of Reps that allow any amendments to be considered

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49
Q

Closed Rules

A

Rule of governing debate in House of Reps that prohibits/forbids all amendments

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50
Q

An informal practice in the senate that allows a member to request the leader to hold up action

A

A Hold

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51
Q

An agreement negotiated in the Senate before floor debate begins, to specify terms of debate

A

Unanimous Consent Agreement

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52
Q

Cloture

A

Procedure used by the Senate to place a debate time limit on a bill to overcome filibusters.

Requires approval from 3/5 of the full senate (60 votes)

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53
Q

How can congress override a veto?

A

By 2/3 vote of both houses

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54
Q

What is a rider?

A

Legislative measure attached to a bill that often has little substantive relation to it

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55
Q

When a president refuses to sign a bill within 10 days of congress passing it

Cannot be overridden

A

Pocket Veto

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56
Q

Roll Call Votes

A

The recorded votes on major amendments or final passage of bills (electronically in the House, by voice in the Senate)

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57
Q

Congressional review of the activities of federal agencies and programs

A

Oversight

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58
Q

A speech that members of House of Reps can give before or after each days formal session to call attention to some matter

A

Special Order Speech

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59
Q

Efforts undertaken by members of congress to assist constituents, such as intervening with the bureaucracy and bringing home federal projects

A

Constituency Service

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60
Q

Casework

A

Assistance to constituents in their dealings with federal agencies

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61
Q

When two or more legislators trade votes for each other’s proposal or exchange other legislative favors

A

Logrolling

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62
Q

Derogatory term for projects that benefit specific localities without serving the national interest

A

Pork Barrel

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63
Q

Earmark

A

Provision of a spending bill setting aside funds for a specific purpose/projects in a district or state

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64
Q

Allows members of Congress to send mail to their constituents without paying for the postage

A

Franking Privilege

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65
Q

Congressional Research Service (CRS)

A

Supplies nonpartisan analysis on legislative issues.

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66
Q

Congressional Budget Office

A

Produces cost estimates and budget & economic projections that inform decisions about spending and taxes

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67
Q

Government Accountabilty Office

A

Congress’s investigative agency.

Evaluates federal programs, audits federal expenditures, & issues legal opinions

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68
Q

Under the Constitution, who chose House members & who chose Senators?

A

Voters chose House members, state legislatures chose senators

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69
Q

To promote independence from congress, the framers denied the legislature what?

A

Denied them any part in selecting the president & prohibited them from altering the president’s salary

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70
Q

The name given to the violent resistance of farmers in western Pennsylvania in 1792 to a new federal tax on distilled spirits

A

Whiskey Rebellion

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71
Q

Executive Prerogative

A

The doctrine that an executive (president) may sometimes have to violate the law to preserve the nation

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72
Q

President known as “man of the people”

Attacked national banks

A

Andrew Jackson

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73
Q

Andrew Jackson was the first president to do what?

A

Use official messages to speak directly to the people over the heads of congress

Labeled himself as “the direct representative of the American ppl”

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74
Q

In 1832, which state almost started a civil war by nullifying a federal law & almost seceding?

A

South Carolina

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75
Q

How many states had already seceded by the time Lincoln took oath of office in 1861?

A

7

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76
Q

How did Theodore Roosevelt become president?

A

President William McKinley was assassinated in 1901 so Roosevelt (VP) at the time moved up in ranking

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77
Q

What did Roosevelt do as a president? (3 things)

A

Attacked power of large corporations

Promoted federal regulation of the railroad industry

Set aside large tracts

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78
Q

Dangerous popular leader who appeals to base emotions of the people or flatters them to gain power

A

Demagogue

79
Q

An address delivered by the president to a joint session of congress each January

A

State of the Union Address

80
Q

Bully Pulpit

A

Roosevelt’s phrase to describe the rhetorical dimensions of the presidential office

81
Q

The only president to earn a PHD (professor & president at Princeton)

A

Woodrow Wilson

82
Q

Wilson worked to make the presidential office…….

A

The center of national policy making

83
Q

This president called for US entry into WW1

Also, he traveled to France to negotiate the treaty of Versailles

A

Woodrow Wilson

84
Q

Ran for presidency 4 times

Led the nation through the Great Depression & WW2

A

Franklin D. Roosevelt

85
Q

The New Deal (FDR)

A

New federal initiatives that expanded federal authority over the economy & made federal govt directly responsible for the well being of Americans

86
Q

Who conducted the long controversial Vietnam war? (1960’s)

A

Lyndon B. Johnson & Richard Nixon

87
Q

What event led to the resignation of Nixon?

A

The watergate scandal

88
Q

Which president promised to launch “an era of national renewal” by returning power to the states and localities?

A

Ronald Reagan

89
Q

Many referred to Reagan as what due to his rhetorical leadership

A

The Great Communicator

90
Q

EOP- formal staff structure of the White House

A

Executive Office of the President

91
Q

Chief of Staff

A

President’s highest ranking aide.

Supervises White House employes, oversees president’s schedule

92
Q

Collective name for the presidents’ formal advisors including VP & the heads of the 15 executive departments

A

Cabinet

93
Q

Title given to the heads of executive departments

A

Secretary

94
Q

Agency within the EOP that reviews budget requests, legislative initiatives, & proposed rules and regulations

A

Office of Management & Budget (OMB)

95
Q

National Security Council (NSC)

A

Forum for deliberating about national security & foreign policy

96
Q

The tendency for members of policy making groups to go along with the prevailing view & mute their own misgivings

A

Groupthink

97
Q

Institutional Loyalty

A

Officials want their own branch to have the upper hand

98
Q

Partisanship

A

Politicians tend to back presidents of their own party

99
Q

A formal statement issued by the president to the nation; often to declare ceremonial occasions

A

Proclamation

100
Q

Official documents having the force of law, through which the president directs federal officials to take certain actions

A

Executive Orders

101
Q

Which president introduced the term “affirmative action”?

A

Kennedy

102
Q

Presidents may also make policies through what documents?

A

Directives, memoranda, or determinations

103
Q

Signing statement

A

When a president is signing a bill, explaining their own interpretation of the measure & telling officials how to carry it out

104
Q

A power possessed by many American governors to veto a particular item of a bill rather than vetoing the entire bill

A

Line-item Veto

105
Q

Recess Appointment

A

A temporary appointment that a president can make when the senate is in recess.

Can last up to 2 years

106
Q

Impoundment

A

Presidential refusal to spend funds that congress has appropriated

Limited by congress in 1974

107
Q

Executive Agreement

A

An agreement reach between the president of the US & a foreign nation on matters that do not require treaties

108
Q

When presidents make on their own authority & do not bind congress or future presidents

A

Sole-executive agreements

109
Q

Approved by both the president & congress and deal with matters typically decided by congress such as international trade

A

Congressional-executive agreements

110
Q

Joint resolution passed by congress in 1964 that authorized president Lyndon Johnson to use armed forces to assist south Vietnam

A

Gulf of Tonkin Resolution

111
Q

Agreement between the warring parties to end the fighting in Vietnam in 1973

A

Paris Peace Accords

112
Q

How was the Paris Peace Accords violated?

A

North Vietnam invaded the south with its regular army early in 1975

113
Q

Passed over president Nixon’s veto, it prohibited the executive branch from aiding anti-communist forces in Angola & Nicaragua

A

War Powers Resolution (war powers act)

114
Q

What were the key provisions of the War Powers Resolution? (4)

A

Definition of the president’s powers

Consultation with congress

Reporting to congress

Withdrawing troops

115
Q

Joint resolution passed by congress in September 2001 that authorized the president to use all necessary & appropriate force against those responsible for the attacks of September 11th.

A

Authorization for use of Military Force

116
Q

Doctrine stating that the president may sometimes legitimately refuse to provide executive branch information to congress

A

Executive Privilege

117
Q

The most major executive privilege ruling

A

US v. Nixon

118
Q

Impeachment

A

Formal accusation by the House of Reps that an officer of the US has committed treason, bribery, or other high crimes. Needs 2/3 vote

119
Q

Phenomenon that often occurs during crises when Americans tend to rally around the commander in chief

A

Rally Effect

120
Q

Arthur Schlesinger

A

Schlesinger Survey

Liberal scholars rank the presidents

Tended to prefer democratic presidents

121
Q

ISI survey

A

Intercollegiate Studies Institute

Group of college students & faculty devoted to promoting values of a free society

Polled a more conservative group

122
Q

The power if courts to strike down laws that they judge to be in violation of the federal or state constitutions

A

Judicial review

123
Q

Dred Scott v. Sandford

A

Congress could not prohibit slavery in the federal territories

124
Q

Brown v. Board of Education

A

Segregated public schools violate the Equal Protection Clause of the 14th amendment

125
Q

Roe v. Wade

A

Overturning of state abortion restrictions in 1973

126
Q

The charge that under the guise of interpreting the constitution, external judges read their own policy preferences into the fundamental law

A

Judicial activism

127
Q

Method of interpreting the constitution that claims to follow closely the actual words as originally written

A

Strict Constitution

128
Q

Doctrine that judges should interpret the constitution based on the original intent of those who wrote & ratified it

A

Original Intent

129
Q

Doctrine that judges should interpret the constitution based on how it was understood by those who wrote & ratified it.

A

Original meaning

130
Q

The notion that the meaning of the constitution changes, or evolves, over time to meet changing circumstances or norms

A

Evolving (Living) Constitution

131
Q

Article 2 stipulates what?

A

That the president will appoint all federal judges “by & with the Advice and Consent of the Senate”

132
Q

Original jurisdiction

A

The parties can go directly to the Supreme Court

Cases affecting ambassadors & other public ministers

133
Q

Appellate jurisdiction

A

The parties must first go to a lower court to review a decision.

134
Q

Judiciary Act of 1789

A

The law passed by the First congress that created a three-tiered federal court structure

135
Q

United States District Courts

A

Bottom of the 3-tiered structure

The basic trial courts (civil & criminal)

1 federal judge in each state except for Mass. & Virg. who had 2

136
Q

United States Courts of Appeal (Circuit Court)

A

The federal courts intermediary between the district courts & the Supreme Court.

1 for each of 12 regions of the country

1 for the federal circuit which handles specialized cases

137
Q

District courts had jurisdiction over what?

A

Minor federal crimes & many civil matters (conflict between private parties)

138
Q

Circuit courts handled what?

A

More serious crimes than district courts.

Could review decisions by the district courts

139
Q

State courts controlled what?

A

Would hear “federal question” suits in which the constitution, federal law, or treaties were at issue

140
Q

Appointments to the federal judiciary that president john Adams & the lame duck federalist congress made in the final months & weeks of Adams 1 term as president

A

Midnight Appointments

141
Q

Who was nominated to serve as a justice of the peace in the District of Columbia

A

William Marbury

142
Q

A judicial command to a public official mandating them to do his or her duty

A

Writ of Mandamus

143
Q

Marshall v. Marbury outcome

A

Marbury had a right to his office but the court had no authority to order Secretary of State Madison to deliver the commission

144
Q

First landmark decision of the Marshall Court

A

Marbury v. Madison case

145
Q

Headed the Supreme Court from 1801-1835 & became known as “The Great Chief Justice”

A

John Marshall

146
Q

What case reignited the debate over the supreme courts authority?

A

The dred-Scott case (Lincoln-Douglas debates)

147
Q

Civil cases

A

One individual sues another person or an organization because of some alleged harm, such as violation of contracts or libel

148
Q

Criminal Cases

A

The government prosecutes an individual for violating a criminal statutes such as law against violence, theft, corporate fraud, or drug trafficking

149
Q

United States Attorney

A

The chief federal prosecutor in each of the 94 judicial districts, nominated by the president & confirmed by the senate

150
Q

The person sued in a civil case or charged with a crime in a criminal case

A

Defendant

151
Q

The person who initiates a civil case by suing another individual, organization, or the government

A

Plaintiff

152
Q

The plaintiff must prove his or her case by a what?

A

Preponderance of the Evidence; meaning that the weight of the evidence supports the plaintiff’s case

153
Q

In criminal cases, they must prove the defendant is what?

A

Guilty “Beyond a Reasonable Doubt”

154
Q

Appellant

A

Party who appeals a case from a lower court seeking reversal of the decision

155
Q

A document written for an appellate court that gives legal arguments for overturning or sustaining a court decision

A

Brief

156
Q

Appellee

A

The party who won in the trial court, must file a brief in response defending the decision of the court

157
Q

Arguments made in person before an appellate court panel of 3.
Last stage in court decision if reached

A

Oral Arguments

158
Q

How many members does the Supreme Court have?

A

9 members

159
Q

Chief Justice

A

The head of the US Supreme Court & administrative head of the US court system

160
Q

Request by the losing side of a case decided by a federal appeals court or state Supreme Court to have them review and overturn the decision

A

Writ of Certiorari

161
Q

The practice of the Supreme Court that it will hear a case if at least four justices agree to do so

A

Rule of Four

162
Q

Amicus Cuirae Brief

A

Latin for “friend of the court” brief submitted by an individual or organization that has an interest in the outcome of the case

163
Q

The official in he Department of Justice who represents the federal government in all matters before the Supreme Court

A

Solicitor General

164
Q

In a Supreme Court case, the opinion that explains & justifies the holding of the majority

A

Opinion of the Court

165
Q

An opinion written by a Justice in the minority explaining why he or she disagrees with the majority

A

Dissenting opinion

166
Q

Opinion written by a Justice who agrees with the holding of the majority

A

Concurring opinion

167
Q

Law clerks

A

Usually a recent top graduate of a prestigious law school who works for a year assisting a justice with legal research

168
Q

When a majority of justices cannot agree on a single opinion

A

Plurality Opinion

169
Q

Prior court decisions on similar matters

A

Precedents

170
Q

Case Law

A

The body of authoritative prior court decisions

171
Q

An opinion by a court giving it’s advice or interpretation on a legal matter outside of a specific case or controversy

A

Advisory Opinion

172
Q

The part must have suffered a real injury to sue

A

Standing

173
Q

The doctrine that courts will not hear cases brought prematurely; before the dispute is well developed and ready

A

Ripeness

174
Q

The doctrine that the courts will not decide a case if the dispute has been resolved or rendered irrelevant by subsequent events

A

Mootness

175
Q

The doctrine that the courts should not decide issues the constitution has given over the discretion if the congress or the president

A

Political questions

176
Q

Dartmouth College v. Woodward

A

The court prevented the New Hampshire state legislature from changing the charter issued by king George III that created Dartmouth

177
Q

United States v. Cruikshank

A

Court ruled that the federal government had no authority to prosecute several white men in NOLA for contributing to the massacre of over 100 blacks

178
Q

The Slaughterhouse cases

A

1873, 14th amendment

179
Q

Civil rights cases of 1883

A

The court reaffirmed that the guarantees of the 14th amendment did not apply to private discrimination

180
Q

Plessy v. Ferguson

A

The court endorsed the doctrine of “separate but equal” by ruling that the 14th amendment did not prohibit states from segregating the races

181
Q

Lochner v. New York

A

NY could not prevent certain employers from requiring more than 60 hours of work per week

182
Q

The period from 1905-1937 when the Supreme Court overturned many state & federal laws for interfering with the free market economy

A

The Lochner era

183
Q

The common name for president Franklin Roosevelt’s proposal to increase the size of the supreme by up to 6 additional members

A

Court-packing plan

184
Q

Marshall Court

A

Supreme Court under the leadership of Chief Justice John Marshall from 1801-1835.

185
Q

Warren Court

A

The Supreme Court under the leadership of Chief Justice Earl Warren from 1953-1969.

Famous for its rulings expanding rights

186
Q

Refers to the power of courts to issue injunctions or decrees to achieve a just outcome in a particular case

A

Equity Power

187
Q

A lawsuit in which one or a few individuals are certified by the court as representing many others in a similar situation & in which the resulting remedies apply to the entire class

A

Class Action

188
Q

Bush v. Gore

A

Resulted in Texas governor George bush winning Florida’s 25 electoral votes and the presidency

189
Q

Who published 7 essays on the dangers of the new federal judiciary under the pseudonym “Brutus”

A

New York judge, Robert Yates

190
Q

The theory that in interpreting the constitution judges should look to how it was understood by this who wrote & ratified it

A

Originalism

191
Q

One of the court’s fiercest critics of the originalist approach

A

Associate Justice William J. Brennan

192
Q

The court’s foremost proponent of interpreting the constitution as it was understood by those who wrote it

A

Associate Justice Antonin Scalia

193
Q

The doctrine that judges should exercise restraint in the kinds of cases they decide, deferring to the political branches on most matters

A

Judicial self restraint

194
Q

Stare Decisis

A

Latin for “let the decision stand”

Calls for judges to look to past precedents as a guide whenever possible

PoliSci (2 decks)

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