Quiz 3 Flashcards

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1
Q

enumerated powers

A

powers of the federal government specifically mentioned in the Constitution

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2
Q

elastic clause

A

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

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3
Q

bicameral

A

as applied to a legislative body, consisting of two houses or chambers

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4
Q

delegate

A

according to the doctrine articulated by Edmund Burke, an elected representative who acts in perfect accord with the wishes of his or her constituents

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5
Q

trustee

A

an elected representative who believes that his or her own best judgment, rather than instructions from constituents, should be used in making legislative decisions

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6
Q

descriptive representation

A

sometimes called statistical representation; the degree to which the composition of a representative body reflects the demographic composition of the population as a whole

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7
Q

constituency

A

the district of a legislator

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8
Q

constituent

A

a citizen who lives in the district of an elected official

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9
Q

reapportionment

A

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

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10
Q

redistricting

A

the redrawing of congressional district lines within a state to ensure roughly equal populations within each district

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11
Q

partisan

A

a committed member of a party; also seeing issues from the point of view the interests of a single party

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12
Q

gerrymandering

A

redrawing electoral district lines in an extreme and unlikely manner to give an advantage to a particular party or candidate

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13
Q

crack

A

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

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14
Q

pack

A

the process of concentrating voters for the other party into fewer districts in order to weaken them elsewhere

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15
Q

majority-minority districts

A

districts drawn to ensure that a racial minority makes up the majority of voters

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16
Q

open-seat elections

A

an election in which there is no incumbent officeholder

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17
Q

franking privilege

A

public subsidization of mail from the members of Congress to their constituents

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18
Q

casework

A

services performed by members of Congress for constituents

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19
Q

pork

A

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

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20
Q

party conference

A

an organization of the members of a political party in the House or Senate

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21
Q

caucus

A

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

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22
Q

whip

A

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

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23
Q

standing committees

A

relatively permanent congressional committees that address specific areas of legislation

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24
Q

hearings

A

the taking of testimony by a congressional committee or subcommittee

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25
Q

markup

A

the process of revising a bill in committee

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26
Q

select committees

A

temporary committees in Congress created to conduct studies or investigations; they have no power to report bills

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27
Q

joint committees

A

Congressional committees with members from both the House and the Senate

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28
Q

conference committees

A

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

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29
Q

seniority

A

the principle that one attains a position on the basis of length of service

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30
Q

ranking minority member

A

the highest-ranking member of the minority party on a congressional committee

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31
Q

reciprocity

A

deferral by members of Congress to the judgment of subject matter specialists, mainly on minor technical bills

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32
Q

unanimous consent

A

legislative action taken “without objection” as a way to expedite business; used to conduct much of the business in the Senate

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33
Q

hold

A

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

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34
Q

filibuster

A

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

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35
Q

cloture

A

a vote to end a filibuster; requires the cotes of three-fifths of the membership of the Senate

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36
Q

hopper

A

the box in the House of Representatives in which proposed bills are placed

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37
Q

discharge petition

A

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

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38
Q

veto

A

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

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39
Q

pocket veto

A

rejection of a bill if the president takes no action on it for 10 days and Congress has adjourned during that period

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40
Q

oversight

A

Congressional responsibility for monitoring the actions of executive branch agencies and personnel to ensure conformity to federal statutes and congressional intent

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41
Q

impeachment

A

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

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42
Q

habeas corpus

A

the legal doctrine that a person who is arrested must have a timely hearing before a judge

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43
Q

State of the Union

A

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

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44
Q

executive order

A

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

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45
Q

unitary executive

A

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

46
Q

treaty

A

a formal international agreement between two or more countries; in the United States, requires the “advice and consent” of the Senate

47
Q

executive agreement

A

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

48
Q

institutional presidency

A

the permanent bureaucracy associated with the presidency, designed to help the incumbent of the office carry out his responsibilities

49
Q

chief of staff

A

a top adviser to the president who also manages the White House staff

50
Q

national security adviser

A

a top foreign policy and defense adviser to the president who heads the National Security Council

51
Q

Executive Office of the President (EOP)

A

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

52
Q

Office of Management and Budget (OMB)

A

an organization within the Executive Office of the President that advises on the federal budget, domestic legislation, and regulations

53
Q

Council of Economic Advisers (CEA)

A

an organization in the Executive Office of the President made up of a small group of economists who advise on economic policy

54
Q

National Security Council (NSC)

A

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

55
Q

Intelligence Advisory Board

A

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

56
Q

dividing government

A

control of the executive and the legislative branches by different political parties

57
Q

presidential job approval

A

the percentage of Americans who believe the president is doing a good job

58
Q

federal bureaucracy

A

the totality of the departments and agencies of the executive branch of the national government

59
Q

bureaucracy

A

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

60
Q

civil servants

A

government workers employed under the merit system; not political appointees

61
Q

civil service

A

federal government jobs held by civilian employees, excluding political appointees

62
Q

departments

A

generally the largest units in the executive branch, each headed by a cabinet secretary

63
Q

bureau

A

generally, a subunit of a cabinet department

64
Q

agency

A

a general name used for a subunit of a cabinet department

65
Q

independent executive agency

A

a unit of the executive branch outside the control of executive departments

66
Q

government corporation

A

a unit in the executive branch that operates like a private business but provides some public service

67
Q

quasi-governmental organization

A

an organization that has governmental powers and responsibilities but has substantial private sector control over its activities

68
Q

independent regulatory commission

A

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

69
Q

foundation

A

an entity of the executive branch that supports the arts or sciences and is designed to be somewhat insulated from political interference

70
Q

bureaucrat

A

a person who works in a bureaucratic organization

71
Q

cost-benefit analysis

A

a method of evaluating rules and regulations by weighing their potential costs against their potential benefits to society

72
Q

spoils system

A

the practice of distributing government offices and contracts to the supporters of the winning party; also called patronage

73
Q

patronage

A

the practice of distributing government offices and contracts to the supporters of the winning party; also called the spoils system

74
Q

recess appointments

A

presidential action to temporarily fill executive branch positions without the consent of the Senate; done when Congress is adjoined

75
Q

unitary executive

A

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

76
Q

appropriation

A

legal authority for a federal agency to spend money from the US Treasury

77
Q

privatizing

A

turning over certain government functions to the private sector

78
Q

red tape

A

overbearing bureaucratic rules and procedures

79
Q

whistle-blowers

A

people who bring official misconduct in their agencies to public attention

80
Q

judicial review

A

the power of the Supreme Court to declare actions of the other branches and levels of government unconstitutional

81
Q

original jurisdiction

A

the authority of a court to be the first to hear a particular kind of case

82
Q

constitutional courts

A

federal courts created by Congress under the authority of Article III of the Constitution

83
Q

legislative courts

A

highly specialized federal courts created by Congress under the authority of Article I of the Constitution

84
Q

grand juries

A

groups of citizens who decide whether there is sufficient evidence to bring an indictment against accused persons

85
Q

petit (trial) juries

A

juries that hear evidence and sit in judgment on charges brought in civil or criminal cases

86
Q

circuit courts

A

the 12 geographical jurisdictions and one special court that hear appeals from the federal district courts

87
Q

appellate courts

A

courts that hear cases on appeal from other courts

88
Q

briefs

A

documents setting out the arguments in legal cases, prepared by attorneys and presented to courts

89
Q

opinion

A

the explanation of the majority’s and the minority’s reasoning that accompanies a court decision

90
Q

precedents

A

past rulings by courts which guide judicial reasoning in subsequent cases

91
Q

stare decisis

A

the legal doctrine that says precedent should guide judicial decision making

92
Q

senatorial courtesy

A

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

93
Q

standing

A

authority to bring legal action because one is directly affected by the issues at hand

94
Q

executive privilege

A

a presidential claim that certain communication with subordinates may be withheld from Congress and the courts

95
Q

separate but equal doctrine

A

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

96
Q

superpredecents

A

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

97
Q

plaintiff

A

one who brings suit in a court

98
Q

in forma pauperis

A

describing a process by which indigents may file a suit with the Supreme Court free of charge

99
Q

writ of certiorari

A

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

100
Q

rule of four

A

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

101
Q

amicus curiae

A

Latin for “a friend of the court”; describes a bireg in which individuals not party to a suit may have their views heard

102
Q

opinion of the court

A

the majority opinion that accompanies a Supreme Court decision

103
Q

concurring opinion

A

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

104
Q

dissenting opinion

A

the opinion of the judge or judges whoa re in the minority on a particular case before the Supreme Court

105
Q

laissez-faire

A

the political-economic doctrine that holds that government ought not interfere with the operations of the free market

106
Q

judicial activism

A

actions by the courts that purportedly go beyond the role of the judiciary as interpreter of the law and adjudicator of disputes

107
Q

remedy

A

an action that a court determines must be taken to rectify a wrong done by government

108
Q

original intent

A

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

109
Q

strict construction

A

the doctrine that the provisions of the Constitution have a clear meaning and that judges must stick closely to this meaning when rendering decisions

110
Q

test case

A

a case brought to force a ruling on the constitutionality of some law or executive action

111
Q

class-action suit

A

a suit brought on behalf of a group of people who are in a situation similar to that of the plaintiffs