Unit 2 MCQ Flashcards
House vs Senate
House: can impeach individuals, initiate revenue bills, elect president in case of electoral college tie
Senate: confirm President’s appointments that require consent (cabinet, SC), ratify treaties
How Congress checks other branches
can override presidential vetos, confirm Presidential nominations, controls budget, can impeach President
How President can check other branches
can veto legislation from Congress, nominates heads of federal agencies and high courts
Formal powers of the President (8)
faithfully execute laws; commander in chief; require opinions of Executive Departments; nominate ambassadors, judges, etc; state of the union; convene Congress; grant pardons; receive ambassadors
Informal powers of the President (3)
increased world prominence; bully pulpit (can use public support to put pressure on other branches); signing statements (interpretation of a bill)
How the SCOTUS checks other branches
judicial review
22nd Amendment
president can only serve 2 terms or 10 years
25th Amendment
established the order of Presidential succession: VP, Speaker of the House, President pro temporal of Senate, Secretary of State, etc
Bureaucratic authority
implement laws, make and enforce rules when legislative prescriptions are vague, settling disputes through administrative adjudication
Iron triangles
government industries—interest groups—congressional committees
mutually beneficial
government industries seek funding and support for programs, interest groups aim to influence policy decisions in their favor, and congressional committees benefit from contributions from both
Pendleton Service Act
provided that federal government jobs be awarded on the bases of merit and that government employees be selected through competitive exams
Conference Committees
temporary committee with members of both houses to negotiate settlement of legislative differences between the two chambers
Select Committees
created to deal with certain circumstances focused on responsibility
Rules Committees
committee of House; responsible for rules under which bills be presented to House; decides order in which bills come up for a vote and the length of it
Executive Order
directive by President that manages operations of fed government that does not require congressional approval
Executive Agreement
agreement between heads of government of two or more nations, does not require Senate ratification but dissolves at end of presidency
Singing Statements
political statement/president’s interpretation of the bill
Precedent
prior judicial decisions serve as a rule for settling subsequent cases of a similar nature (stare decisive)
Original Jurisdiction
hears case for the first time; finds facts of case
Appellate jurisdiction
hear and review decisions made by lower courts in that system
Judicial Restraint
philosophy of constitutional interpretation that justices should be cautious in overturning laws
Judicial Activism
philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies
Stare Decisis
precedent
majority vs concurring vs dissenting opinion
majority: binding SC opinions that serve as precedent
concurring: opinion that agree with the majority decision, offering different or additional reasoning that does not serve as precedent
dissenting: opinion that disagrees with the majority opinion and does not serve as precedent
Baker v. Carr
Background: Baker and other Tennessee citizens argued that 1901 law designed to apportion the seats for the state’s General Assembly; said Tennessee’s reapportionment efforts ignored population shifts and economic growth; rural areas had too many votes compared to urban areas
Legal Question: Did the Supreme Court have jurisdiction over the question of legislative apportionment?
Rule: legislative apportionment was justiciable issue; 1 person—1 vote, equal protection
Shaw v. Reno
Background; US Attorney General rejected congressional reapportionment plan because the plan created only one black-majority district; submitted plan with 2 black majority districts for Voting Rights Act
Legal Question: Did the North Carolina residents’ claim, that the State created a racially gerrymandering district, raise a valid constitutional issue under the Fourteenth Amendment Equal Protection Clause?
Rule: shape was bizarre and suggested racial gerrymandering; despite noble intentions it was not constitutional
Marbury v. Madison
Background: Marbury appointed Justice of the peace in DC but did not receive promised commission; kept him from taking position; petitioned SCOTUS to convince Madison to deliver documents
Legal Question: Does the Supreme Court have the authority to order the delivery of their commissions?
Can they sue for their commissions in court?
Do the plaintiffs have a right to receive their commissions?
Rule: withholding commissions is illegal but did not order it to be handed over; wrist of mandamus was proper way to ask but cannot issue—Marbury was constitutional; established Judicial Review
Fed 51
checks and balances and separation of powers can be created in government; give each department a will of its own; members of each should have little power in the appointment of members of others; should be little dependent on others; should be able to resist encroachment of others
Fed 70
Hamilton argues for strong, unitary executive, must be able to make concise and swift decisions, certain degree of secrecy, will protect people’s rights and liberties
Fed 78
Hamilton described the process of judicial review, legislature is not the judge of the constitutionality of its own actions
