Structure of the United States Government Flashcards
What is implied power
a power not expressly defined in the Constitution but permitted to Congress through a loose interpretation of the Necessary and Proper clause
What is inherent power
powers of the president or Congress that are neither enumerated nor implied but assumed to exist as a direct result of the country’s existence
What is oversight
the right and responsibility of one body or branch of government to review and monitor other bodies; for example, Congress oversees federal agencies and programs, which are managed by the executive branch
What are committees
a small set of representatives tasked with considering, researching, introducing, and investigating particular policy areas
What is discretionary spending
in the context of the U.S. budget, spending that can be altered from year to year through the congressional appropriations process, including spending on scientific research, housing assistance, veterans’ healthcare, education, and transportation
What is a budget resolution
a plan for government will receive in revenue and spend over the next fiscal year, including a set of budget priorities and discretionary spending limits
What is pork-barrel spending
spending on often unnecessary local projects that benefit a specific member of Congress’s district or state
What is a line-item veto
the ability of an executive to reject specific portions of a piece of legislation rather than reject the entire bill. In the United States, most governors have this power, but the power of line-item vetoes for the president has been ruled unconstitutional by the Supreme Court.
What is the Interstate Commerce clause
one of the enumerated (express) powers of Congress; this is the power to regulate commerce and trade between two or more states
What is advice and consent
a Constitutional power stating that presidential nominations for executive and judicial posts take effect only when confirmed by the Senate; also, foreign treaties become official only when the Senate approves them by a two-thirds vote
What is a supermajority
also referred to as an absolute majority, this is any number greater than 50 percent
What is filibuster
a political procedure conducted by a legislator (in the United States, a senator) to delay or prevent debate on a proposal, usually by holding the floor and speaking continuously, refusing to yield. To break a filibuster, three-fifths of senators (60/100) present must vote to end it (cloture).
What are administrative agencies
government organizations created by Congress to enforce laws, policies, and government programs. Administrative agencies are organized under the president in the executive branch and collectively employ millions of federal workers.
What are the 7 congressional powers
Tax citizens.
Set the budget.
Regulate commerce.
Declare war.
Provide advice and consent on appointments.
Impeach individuals.
Oversee the powers of the judicial and executive branches.
What is the Necessary and Proper Clause aka Elastic Clause
directs Congress “to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers.
What are appropriations committees in Congress
panels that control government spending. no money can be spent from the Treasury without their approval
What is a standing committee
This is also known as a permanent committee. A standing committee addresses timeless issues that will recur. These committees introduce, research, and write proposed pieces of legislation.
What is a select committee
are temporary committees. They often exercise investigative rather than law-making powers. At different points in time, there may be a need to investigate a particular issue that one of the standing committees does not address. In this instance, a select committee would be formed
What are joint committees
committees with members from both the House of Representatives and the Senate. They may be temporary or permanent. Standing committees exist separately in the House of Representatives and the Senate, but joint committees have both members of the House and Senate serving on that one committee at the same time.
What is a conference committee
Conference committees are made up of members of both houses of Congress. Unlike the other joint committees, conference committees consider individual pieces of legislation passed by the House of Representatives and the Senate. Before a bill can be presented to the president, it must pass through both chambers of Congress. A bill may go through the House and Senate with changes made by one group but not the other. In this instance, the job of the conference committee is to address those differences. It then sends a single unified version of the bill back to both houses of Congress for their approval
What is the rules committee
In the House of Representatives, the Rules Committee is the next step in the process of a bill becoming a law. This is after it is considered by a standing committee.
What is a majority party and minority party
Majority and minority of house and senate is
Who picks speaker of the house
Majority party of house of representatives
Who is speaker of the senate
Vice president
What is a majority and minority whip
Picked by majority and minority to help coordinate strategy
What does the president of the senate do
Only votes in cases of a tie
What is a president pro tempore
Selected by the senate in cases where vice president is not available for the senate
What is a cloture
Stops filibustering by a supermajority vote and limits debate to 30hours
What is reapportionment
done every 10 years to determine how many seats each state gets for the house of representatives since its based on population
What is redistricting
state-by-state process that determine how many people live in the state for legislative purposes
What is gerrymandering
using redistricting process to create legislative districts that give one party a significant advantage. means drawing electoral boundaries to favor a particular political party or group.
What is the purpose of majority-minority districts
were created to avoid gerrymanders that diluted the voting power of minorities.
What is commander in chief
a constitutional power giving the president authority over all parts of the U.S. military, including promoting and dismissing military commanders and officers
What is bipartisan
means “two factions,” consensus on a particular government action, issue, or law between both major political parties
What is the Monroe Doctrine
a principle of U.S. policy, first articulated by President James Monroe, declaring that interventions by European powers in the affairs of the nations of the Western Hemisphere would be considered as intolerable acts of aggression by the United States
What is one of the things the Constitution requires the president to do
Deliver a state of the union address
What are the duties of the president
present Congress with information about the state of the union
call Congress
into session when needed
veto legislation if necessary
make recommendations for legislation and policy
call on the heads of various departments to make reports and offer opinions
What are formal and informal powers of the presidency
Formal Powers: Clearly stated in the Constitution
Informal Powers: Not clearly stated in the Constitution
Why was the Twenty-Second Amendment proposed by Congress and ratified by the states, limiting the president to two terms in office?
Franklin D. Roosevelt won four consecutive terms, violating the principle established by George Washington of serving only two terms.
What is Executive Order 9066
authorized the removal of people from military areas as necessary to avoid Japanese Americans from forming a fifth column in the US after pearl harbor
What are executive agreements
formal agreements negotiated between the leaders of 2 countries, but they are not ratified by a legislature as a treaty must be
How long are executive agreements valid for
as long as both leaders are in power (or accepted by the new president)
When did the US establish national intelligence agencies
After WW2
What is a key element of a new president’s transition into office?
Indicating to foreign leaders which executive agreements they will continue to honor
What is a recess appointment
a constitutional power that allows the U.S. President to temporarily fill vacant government positions without Senate confirmation while Congress is in recess.
What is executive privilege
the ability of the president to withhold information from Congress
What are civil cases
court cases based on civil law, not criminal law. Civil law regulates disagreements between individuals and companies, individuals and government agencies, and foreign individuals or governments, including questions of constitutionality.
What is judicial review
a principle that courts have the power to overturn laws passed by Congress and even actions of the president if such laws or actions conflict with the Constitution. This power was established in the case Marbury v. Madison.
What is stare decisis
meaning “let the decision stand,” this is a principle that courts should rely on previous decisions and established precedents as they make decisions
What is judicial activism
a viewpoint that U.S. courts should defend individual rights and liberties and stop actions by other branches of government that they see as infringing on those rights
What is strict construction
an approach to interpreting the Constitution based on the idea that the national government can only do those things that are specifically mentioned in the Constitution
What is loose construction
an approach to interpreting the Constitution based on the idea that judges can reinterpret constitutional language to create new legal standards, appropriate for changing conditions
What is judicial restraint
a viewpoint that judges should be reluctant to overturn the acts of Congress, the president, or the states, deferring decisions (and thus, policy-making) to elected branches of government. Proponents of judicial restraint focus on a narrow, strict interpretation of the Bill of Rights.
What are the 3 levels of federal courts
District courts
Circuit Courts
Supreme Court
What is original and appellate jurisdiction that the Supreme Court has
Original jurisdiction reviews cases heard for the first time
Appellate jurisdiction reviews cases appealed from lower courts
When does the Supreme Court have original jurisdiction
in very rare cases where there are disputes between states or involving foreign diplomats
What is the Supremacy Clause of the Constitution
establishes the Constitution as highest law
What does the Supreme Court meant for
final interpretation of Constitution
What is Judicial Activisim
Courts should actively engage in issues
What is Marbury v. Madison
Established judicial review (power to declare laws unconstitutional)
What is McCulloch v. Maryland
supported loose interpretation, established states can’t tax federal property, and established a national bank
What does it mean if the Supreme Court declares an issue a “political question”
makes it so it is decided by elected branches
What is the “Rule of Four”
at least 4 justices must agree to hear a case
How many justices in Supreme Court
9
What do District Courts do
handle original jurisdiction criminal and civil. in each state
What do Circuit Courts do
court of appeals. review district court decisions. dont hold trials. decisions often final as supreme court takes limited cases
What did the 14th amendment do
extended Bill of Rights protections to state-level actions
gives federal courts more oversight over state actions
making state laws subject to judicial review
What is Miranda v. Arizona
state courts handled criminal charges and Supreme Court ruled on constitutional issues regarding police questioning leading to “Miranda rights”
What is federalism
a system and structure of government that divides constitutional power and authority between the national government and state governments
What are expressed powers
also known as the enumerated powers of the Constitution, these powers are to regulate interstate and foreign commerce, raise and support armies, declare war, coin money, and conduct foreign affairs.
What are reserved powers
any powers not prohibited by the Constitution or delegated to the national government; powers reserved to the states and denied to the federal government as outlined in the Tenth Amendment
What are concurrent powers
powers shared by state and federal governments to tax, to borrow money, to build infrastructure, to establish courts, to establish legal punishments, and to declare eminent domain
What is the Full Faith and Credit Clause
requires the states to accept court decisions, public acts, and contracts of other states.
What is the Privileges and Immunities Clause
says that states are prohibited from discriminating against out of state residents
What is Gibbons v. Ogden
Focused on interpreting the Commerce Clause and interstate commerce regulation. Involved favoring a federal authority on a dispute over steamboat licensing between New York State and federal authorities.
