Three Branches of Government Flashcards
The House of Representatives and the Senate
Two bodies that make up the legislative branch in the U.S.
Legislators use this type of spending by attaching the bills of local projects to other invoices.
Pork Barrel Spending
What does it mean when an appellate court remands a case?
The case is sent back to the trial court for further proceedings
Order of state court levels (from lowest to highest)
Lower courts (Courts of general jurisdiction), State appellate court, and State Supreme Court
A grant of clemency that does not take effect until certain conditions are fulfilled, such as paying restitution or completing community service
Conditional pardon
There are 9 total who serve in the Supreme Court; they are nominated by the U.S. President and confirmed by the Senate. They serve for life, or until they resign, retire, or are impeached.
Supreme Court Justices
Because states are responsible for their own laws
Reason states establish their own court systems
The ability of the Supreme Court to declare a law unconstitutional
Judicial review
Term limits (presidential campaigns are more aggressive than congressional campaigns because the term limits are different); campaign expenses (presidential campaigns spend much more); voter turn out (presidential elections have a way bigger voter turnout); responsibility (it is much easier for a congressional campaign to deflect blame than a presidential campaign)
Differences between presidential and congressional campaigns
The voter’s background, party identification, and view of the incumbent’s previous performance. Independent voters focus mainly on the state of the economy.
Main factors that influence voter behavior
An organization that pursues a particular cause or causes related to the interests of the group’s members
Interest group
District Court, Circuit Court, Supreme Court
The order of the federal court system (lowest to highest)
Individuals, party committees, special interest groups, Political Action Committees (PACs), 527 groups
Sources of campaign money (money raised for politicians running for offce)
The Supreme Court usually hears cases that involve interpreting the Constitution or where a federal appellate court has made a different interpretation of a law; about only 1% of cases get chosen
Types of cases that usually make it to the Supreme Court
A court that will look at a case appealed from a lower court. Federal district courts and the state supreme courts have this type of jurisdiction.
Appellate Jurisdiction
The right of a court to hear a case before any other court. Family, traffc, tax, state trial and bankruptcy courts all have this type of jurisdiction.
Original Jurisdiction
The federal courts of appeal; there are 13 circuit courts that make up the middle level of the federal court system
Circuit courts
It’s used for congressional redistricting, federal fund allocation, statistical purposes, and deciding how many seats each state is awarded in Congress.
Common uses of the U.S. Census
In terms of Supreme Court decisions, this concept denotes that the Court sides with the federal government
Judicial nationalism
The President (Executive Branch)
Head of government in a Congressional government system
A formula that’s used to establish the appointment of Congressional seats; divides the state’s population by the geometric mean of that state’s current number of seats and the next seat. It then allocates the remainders between the states by giving the smallest relative difference between any pair of states in the population of a district and in the number of people per representative.
Method of equal proportions
The analysis and understanding of the U.S. Constitution, may be literal or up for reinterpretation
Constitutional interpretation
The court that hears all claims against the United States
The United States Court of Federal Claims
A judge serving in a federal court who’s been appointed by the president and confirmed by the Senate; federal judges serve for life, except in the event of resignation, retirement, or impeachment
Federal judge
In this kind of democracy, the executive and legislative branches are separate. Politicians make decisions on their own, though they often support their party.
Congressional Democracy
Lobbying, incentives to lawmakers, protests, publicity, lawsuits, economic power
Ways interest groups pursue their causes
A somewhat liberal approach to the use of the court’s power, where judges use generalized or relaxed interpretations of statutes.
Judicial activism
Impeachment, executive pardon, and judicial appointments
3 constitutional ways the Supreme Court’s power is checked
The article that states that any decisions made by the Supreme Court are to be treated as the highest law in the U.S.
Article III of the Constitution
Two terms
Presidential term limit
The analysis and understanding of a federal law, often done by observing the legislative history of the statute
Statutory interpretation
A type of judicial interpretation that leans towards leniently interpreting existing statutes in the interest of what is best in the present
Judicial activism
All matters not specifically granted to the federal government. Would include cases such as personal injury, malpractice, divorce, and adoption; would not include cases in areas like tax law or customs.
Jurisdiction of state courts
There are 94 district courts that make up the lowest level of the federal court system; each of these courts serves a geographical area, with at least 1 in every state
District courts
To permanently remove from offce
Impeach
When a bill is left unsigned by the President for ten days and Congress adjourns within that ten days, so the bill doesn’t become a law
Pocket veto
This federal appellate court has jurisdiction over patent cases, cases decided by the Court of International Trade, and cases decided by the Court of Federal Claims
The Federal Circuit Court of Appeals
The president appoints all U.S. Supreme Court justices, U.S. ambassadors, federal judges, and Cabinet positions.
Presidential appointments
It always includes the majority view, and may also include any concurring or dissenting opinions.
Written opinion on Supreme Court decision
The court that hears all claims involving customs and international trade
The United States Court of International Trade
Eligibility to vote is determined by political party
Closed primary
A type of unregulated donation given to a national political party
Soft money
Details the organization and members of a party’s campaign committee
Statement of organization
This issue can be limited by disallowing legislators and politicians from using the redistricting process.
Gerrymandering: Prevention
Determined by the state’s number of congressional districts
Electoral votes per state
A preliminary election that decide’s the party’s nominee for a specific offcial position. In a presidential election, the primaries dictate who the party will nominate for president at their party convention
Primary election (‘primaries’)
This type of democracy allows the legislative branch to hold the executive branch accountable. Politicians usually follow the party line and don’t make decisions on their own.
Parliamentary Democracy
All U.S. ambassadors; all Cabinet positions; all U.S. Supreme Court justices; all federal judge positions
Positions appointed by the President
Anyone can vote, regardless of which political parties one is affliated with
Open primary
Propose legislation; borrow money on behalf of the U.S.; lay and collect taxes from the American people; regulate commerce; raise and support an army and military; establish post offces; create and print money; create and enforce laws
Powers of Congress
The President can veto bills proposed by the legislature. Congress can overrule this veto with a 2/3 vote of all members (House and Senate).
Presidential Veto
Treaty power, appointment power, legislative powers, pardon power, and inherent powers.
Examples of Presidential powers
Reduces or removes the punishment for a federal crime
Executive pardon
intentional manipulation of boundaries of political constituencies for gaining an advantage in elections
Gerrymandering
Based on the Necessary and Proper Clause of the Constitution, generally defined as additional powers granted to Congress to fulfill powers that have already been specifically defined for them. An example would be the military draft.
Implied powers of Congress
A type of judicial interpretation that stresses the limited nature of the court’s power; decisions emphasize interpreting existing laws
Judicial restraint
A private organization that contributes or spends more than $1000 for the specific purpose of affecting the outcome of an election.
Political action committee (PAC)
The person or party in a court case that files an appeal; this party must show that the trial court made a legal error affecting the court’s decision
Appellant
The court that hears all federal tax claims
The United Sates Tax Court
The legal authority to hear a certain type of case
Jurisdiction
This article gives Congress the ability to impeach someone in the executive branch of U.S. government.
Article II of the Constitution
The head of government in a Parliament government. The majority party decides on the Prime Minister.
Prime Minister
Invoked when a case has parties located in different states and it involves at least $75,000 in damages. This allows the case to be heard either in a state lower court or a federal lower court
Diversity jurisdiction
A court’s designated power, which gives it authority over a specific type of legal case
Jurisdiction
The convention is an offcial assembly of the party delegates from all of the states, where they get together and formally announce the party’s nominee for president.
National Party Convention
These are the members of a political party. Partisan constituency is one of the downsides of America’s party system; politicians are forced to make decisions that will appease everyone in their party, which leads to increased partisanship.
Partisan constituency
- The idea for the bill is thought up and drafted
- The bill is proposed, introduced, and assigned to a committee
- The bill is reported to the chamber floor so the House or Senate can vote on it
- The bill is voted on by the other legislature than the one who already voted (if the Senate approved it goes to the House and vice
versa) - A conference committee is created to rectify different opinions and details
- The President approves the bill
List the steps it takes for a bill to become a law
The U.S. Constitution, a federal statute, or a treaty
3 things that federal court cases usually involve
Members of the U.S. Congress are disproportionately male, white, college educated, and 60+ years of age
Typical demographics of a Congressional member
Allows a campaign committee to gather and spend funds on a candidate’s behalf
Statement of candidacy
The concept that governmental powers are shared between the federal government and state governments
Federalism
The appellate court reviews the court record, then the involved parties file legal briefs. Most cases are decided using the record & written briefs, but sometimes there is an oral argument.
Appellate decision process
These groups are sources of campaign finance. They don’t directly donate to or work with a particular campaign, so they aren’t regulated the same as PACs. Swift Boat Veterans for Truth is an example of a 527 group.
527 Group
State courts interpret and decide matters of their own state constitutions, whereas federal courts interpret the Constitution and decide matters of federal law
Difference between state and federal court systems
An additional argument submitted to the court by a person or group that is not a party involved in a lawsuit
Amicus curae brief
The process of bringing a lawsuit; interest groups use this as a strategy to further their cause
Litigation
An 1824 Supreme Court case where it was established that states had no right to regulate interstate commerce
Gibbons v. Ogden
A conservative approach to the use of court’s power, where judges follow existing law instead of creating new law.
Judicial restraint
The executive branch
Branch that contains the Prime Minister in a parliamentary government
The person or party who defends the appeal; can also be called the respondent
Appellee
This was enacted in 2002 and is also known as BCRA. It forbids ‘soft money’ and other big donations to national party organizations.
Bipartisan Campaign Reform Act
An action done by the President of the United States that can lessen or nullify a punishment for a federal crime; may be a full pardon or a conditional pardon
Executive pardon
An indirect procedure for electing the United States president created as a compromise when Congress couldn’t decide if the people or Congress should elect the president. With this system, Electoral College votes are determined by the popular vote.
The Electoral College
A written document that requests the Supreme Court review a case
Writ of Certiorari
The landmark case in the early 1800s that gave the U.S. Supreme Court the power to block unconstitutional legislation
Marbury v. Madison
To run for Congress a candidate must be: 30 years of age for the Senate, 25 for the House; a citizen of the U.S. for at least 9 years; an inhabitant of the state they are running in
Requirements for running for Congress in the U.S.
The election by the U.S. President and the Senate to select members of the judicial branch (Supreme Court justices and federal court judges)
Judicial appointment
Established fundraising methods and sources; name recognition; media access; and franking privileges
Reasons incumbents are often successful in elections
Each U.S. senator gets 1 vote, each congressional district gets 1 vote, and Washington D.C. gets 3 votes.
(100 + 435 + 3 = 538 total)
How Electoral College votes are decided
Established by the U.S. Constitution and declared to be the highest court in the country; makes up the judicial branch of the federal government
The United States Supreme Court
States that use this type of primary election allow anyone to vote, regardless of their political affliation. However, everyone can vote in only one primary.
Semi-Open Primary
