Quiz 3 Flashcards
enumerated powers
powers of the federal government specifically mentioned in the Constitution
elastic clause
article I, section 8, of the Constitution, also called the necessary and proper clause; gives Congress the authority to make whatever laws are necessary and proper to carry out its enumerated powers and other of its powers vested in the Constitution
bicameral
as applied to a legislative body, consisting of two houses or chambers
delegate
according to the doctrine articulated by Edmund Burke, an elected representative who acts in perfect accord with the wishes of his or her constituents
trustee
an elected representative who believes that his or her own best judgment, rather than instructions from constituents, should be used in making legislative decisions
descriptive representation
sometimes called statistical representation; the degree to which the composition of a representative body reflects the demographic composition of the population as a whole
constituency
the district of a legislator
constituent
a citizen who lives in the district of an elected official
reapportionment
the reallocation of House seats among the states, done after each national census, to ensure that seats are held by the states in proportion to the size of their populations
redistricting
the redrawing of congressional district lines within a state to ensure roughly equal populations within each district
partisan
a committed member of a party; also seeing issues from the point of view the interests of a single party
gerrymandering
redrawing electoral district lines in an extreme and unlikely manner to give an advantage to a particular party or candidate
crack
the act of dividing a district where the opposing party has a large majority, rendering it a minority in booth parts of the redrawn districts
pack
the process of concentrating voters for the other party into fewer districts in order to weaken them elsewhere
majority-minority districts
districts drawn to ensure that a racial minority makes up the majority of voters
open-seat elections
an election in which there is no incumbent officeholder
franking privilege
public subsidization of mail from the members of Congress to their constituents
casework
services performed by members of Congress for constituents
pork
also called pork barrel; federally funded projects designed to bring to the constituency jobs and public money for which the members of Congress can claim credit
party conference
an organization of the members of a political party in the House or Senate
caucus
a regional, ethnic, racial, or economic subgroup within the House or Senate. Also used to describe the party in the House and Senate, as in Republican caucus
whip
a political party member in Congress charged with keeping members informed of the plans of the party leadership, counting votes before action on important issues, and rounding up party members for votes on bills
standing committees
relatively permanent congressional committees that address specific areas of legislation
hearings
the taking of testimony by a congressional committee or subcommittee
markup
the process of revising a bill in committee
select committees
temporary committees in Congress created to conduct studies or investigations; they have no power to report bills
joint committees
Congressional committees with members from both the House and the Senate
conference committees
Ad hoc committees, made up of member of both the Senate and the House of Representatives, set up to reconcile differences in the provisions of bills
seniority
the principle that one attains a position on the basis of length of service
ranking minority member
the highest-ranking member of the minority party on a congressional committee
reciprocity
deferral by members of Congress to the judgment of subject matter specialists, mainly on minor technical bills
unanimous consent
legislative action taken “without objection” as a way to expedite business; used to conduct much of the business in the Senate
hold
a tactic by which a single senator can prevent action on a bill or nomination; based on an implied threat of refusing to agree to unanimous consent on other Senate matters or willingness to filibuster the bill or nomination
filibuster
a parliamentary device used in the Senate to prevent a bill from coming to a vote by “talking it to death”, made possible by the norm of unlimited debate
cloture
a vote to end a filibuster; requires the cotes of three-fifths of the membership of the Senate
hopper
the box in the House of Representatives in which proposed bills are placed
discharge petition
a petition signed by 218 House members to force a bill that has been before a committee for at least 30 days while the House is in session out of the committee and onto the floor for consideration
veto
presidential disapproval of a bill that has been passed by both houses of Congress. The president’s veto can be overridden by a two-thirds vote in each house
pocket veto
rejection of a bill if the president takes no action on it for 10 days and Congress has adjourned during that period
oversight
Congressional responsibility for monitoring the actions of executive branch agencies and personnel to ensure conformity to federal statutes and congressional intent
impeachment
house action bringing formal charges against a member of the executive branch or the federal judiciary that may or may not lead to removal from office by the Senate
habeas corpus
the legal doctrine that a person who is arrested must have a timely hearing before a judge
State of the Union
annual report to the nation by the president, now delivered before a joint session of Congress, on the state of the nation and his legislative proposals for addressing national problems
executive order
a rule or regulation issued by the president that has the force of law, based either on the constitutional powers of the presidency as chief executive or commander in chief or on congressional statutes
unitary executive
constitutional doctrine that proposes that the executive branch is under the direct control of the president, who has all authority necessary to control the actions of federal bureaucracy personnel and unites without interference from the other federal branches
treaty
a formal international agreement between two or more countries; in the United States, requires the “advice and consent” of the Senate
executive agreement
an agreement with another country signed by the president that has the force of law, like a treaty; does not require Senate approval; originally used for minor technical matters, now an important tool of presidential power in foreign affairs
institutional presidency
the permanent bureaucracy associated with the presidency, designed to help the incumbent of the office carry out his responsibilities
chief of staff
a top adviser to the president who also manages the White House staff
national security adviser
a top foreign policy and defense adviser to the president who heads the National Security Council
Executive Office of the President (EOP)
a group of organizations that advise the president on a wide range of issues; includes, among others, the Office of Management and Budget, the National Security Council, and the Council of Economic Advisers
Office of Management and Budget (OMB)
an organization within the Executive Office of the President that advises on the federal budget, domestic legislation, and regulations
Council of Economic Advisers (CEA)
an organization in the Executive Office of the President made up of a small group of economists who advise on economic policy
National Security Council (NSC)
an organization in the Executive Office of the President made up of officials from the State and Defense Departments, the CIA, and the military, who advise on foreign and security affairs
Intelligence Advisory Board
an organization in the Executive Office of the President that provides information and assessments to the president’s director of national intelligence and to the president directly
dividing government
control of the executive and the legislative branches by different political parties
presidential job approval
the percentage of Americans who believe the president is doing a good job
federal bureaucracy
the totality of the departments and agencies of the executive branch of the national government
bureaucracy
a large, complex organization characterized by a hierarchical set of offices, each with a specific task, controlled through a clear chain of command, and where appointment and advancement of personnel is based on merit
civil servants
government workers employed under the merit system; not political appointees
civil service
federal government jobs held by civilian employees, excluding political appointees
departments
generally the largest units in the executive branch, each headed by a cabinet secretary
bureau
generally, a subunit of a cabinet department
agency
a general name used for a subunit of a cabinet department
independent executive agency
a unit of the executive branch outside the control of executive departments
government corporation
a unit in the executive branch that operates like a private business but provides some public service
quasi-governmental organization
an organization that has governmental powers and responsibilities but has substantial private sector control over its activities
independent regulatory commission
an entity in the executive branch that is outside the immediate control of the president and Congress that issues rules and regulations to protect the public
foundation
an entity of the executive branch that supports the arts or sciences and is designed to be somewhat insulated from political interference
bureaucrat
a person who works in a bureaucratic organization
cost-benefit analysis
a method of evaluating rules and regulations by weighing their potential costs against their potential benefits to society
spoils system
the practice of distributing government offices and contracts to the supporters of the winning party; also called patronage
patronage
the practice of distributing government offices and contracts to the supporters of the winning party; also called the spoils system
recess appointments
presidential action to temporarily fill executive branch positions without the consent of the Senate; done when Congress is adjoined
unitary executive
constitutional doctrine that proposes that the executive branch is under the direct control of the president, who has all authority necessary to control the actions of federal bureaucracy personnel and units without interference from the other federal branches
appropriation
legal authority for a federal agency to spend money from the US Treasury
privatizing
turning over certain government functions to the private sector
red tape
overbearing bureaucratic rules and procedures
whistle-blowers
people who bring official misconduct in their agencies to public attention
judicial review
the power of the Supreme Court to declare actions of the other branches and levels of government unconstitutional
original jurisdiction
the authority of a court to be the first to hear a particular kind of case
constitutional courts
federal courts created by Congress under the authority of Article III of the Constitution
legislative courts
highly specialized federal courts created by Congress under the authority of Article I of the Constitution
grand juries
groups of citizens who decide whether there is sufficient evidence to bring an indictment against accused persons
petit (trial) juries
juries that hear evidence and sit in judgment on charges brought in civil or criminal cases
circuit courts
the 12 geographical jurisdictions and one special court that hear appeals from the federal district courts
appellate courts
courts that hear cases on appeal from other courts
briefs
documents setting out the arguments in legal cases, prepared by attorneys and presented to courts
opinion
the explanation of the majority’s and the minority’s reasoning that accompanies a court decision
precedents
past rulings by courts which guide judicial reasoning in subsequent cases
stare decisis
the legal doctrine that says precedent should guide judicial decision making
senatorial courtesy
the tradition that a judicial nomination for a federal district court seat be approved by the senior senator of the president’s party from the state where a district court is located before the nominee is considered by the Senate Judiciary Committee
standing
authority to bring legal action because one is directly affected by the issues at hand
executive privilege
a presidential claim that certain communication with subordinates may be withheld from Congress and the courts
separate but equal doctrine
the principle articulated in Plessy v. Ferguson (1896) that laws prescribing separate public facilities and services for nonwhite Americans are permissible if the facilities and services are equal to those provided for whites
superpredecents
landmark rulings that have been reaffirmed by the Court over the course of many years and whose reasoning has become part of the fabric of American law
plaintiff
one who brings suit in a court
in forma pauperis
describing a process by which indigents may file a suit with the Supreme Court free of charge
writ of certiorari
an announcement that the Supreme Court will hear a case on appeal from a lower court; its issuance requires the vote of four of the nine justices
rule of four
an unwritten practice that requires that at least four justices of the Supreme Court to agree that a case warrants review by the Court before it will hear the case
amicus curiae
Latin for “a friend of the court”; describes a bireg in which individuals not party to a suit may have their views heard
opinion of the court
the majority opinion that accompanies a Supreme Court decision
concurring opinion
the opinion of one or more judges who vote with the majority on a case but wish to set out different reasons for their decision
dissenting opinion
the opinion of the judge or judges whoa re in the minority on a particular case before the Supreme Court
laissez-faire
the political-economic doctrine that holds that government ought not interfere with the operations of the free market
judicial activism
actions by the courts that purportedly go beyond the role of the judiciary as interpreter of the law and adjudicator of disputes
remedy
an action that a court determines must be taken to rectify a wrong done by government
original intent
the doctrine that the courts must interpret the Constitution in ways consistent with the intentions of the framers rather than in light of contemporary conditions and needs
strict construction
the doctrine that the provisions of the Constitution have a clear meaning and that judges must stick closely to this meaning when rendering decisions
test case
a case brought to force a ruling on the constitutionality of some law or executive action
class-action suit
a suit brought on behalf of a group of people who are in a situation similar to that of the plaintiffs
