Unit 2 Test Flashcards

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1
Q

House of Representatives elected __ years

A

every two

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2
Q

Speaker of the house

A

-most powerful position in HOR, only house leadership position mentioned in constitution
-can decide votes on bills to be open or closed

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3
Q

Majority/Minority whip

A

below majority leaders, makes sures members act ethically and professional
-in charge of party discipline

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4
Q

Powers of the House

A

introduce legislation, impeach, approve constitutional amendments, declare war

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5
Q

House Committies

A

standing, select, join, conferencest

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6
Q

standing committee

A

rules (can dispose of bill or define guidelines for its debate, traffic cop for house floor), Ways and Means (federal revenue), appropriations

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7
Q

select committees

A

created for a specific purpose, or temporary committees

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8
Q

joint committee

A

both houses (senate and HOR)

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9
Q

conference committee

A

temporary, resolve differences
-created when a bill passes both houses but in slightly different forms

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10
Q

what happens if there is a lack of a majority in electoral college (270 votes)for presidential elections?

A

House elects President

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11
Q

House of Represenatives

A

-article I
-Virginia Plan
-at least 25 years old, 7 years of American citizen, resident of distrcit/state

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12
Q

Senate

A

-article I
-NJ plan
Elite democracy until17th amendment
-100 members
-elected every 6 years
-30 years old, 9 years as a citizen, resident of state
-1/3 of members up for re-election at a time

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13
Q

17th Amendment (1913)

A

-gave people of the state the right to elect their senators
-before, state representatives elected them

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14
Q

Who is the president of the Senate?

A

vice president, “non voting”
-in case of a tie, constitution allows VP to break it
-most representative of the people because they were directly voted in

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15
Q

President Pro Tempore

A

-under President of Senate
-ceremonial title given to the most senior member of majority party
-presides when VP is absent (25th Amendment)

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16
Q

Senate Majority Leader

A

-wields more power in senate than VP and pro temp.
-cheif legislature, sets legislative calendar and determines what bills reach the floor for debate, guides party caucus on issues and party strategy

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17
Q

Who elects the VP in a lack of majority votes in electoral college?

A

senate

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18
Q

Senate Powers

A

advise and consent, ratify treaties, sole power to remove the president or a judge, votes on bills, can filibuster, 3/5 votes for clouture

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19
Q

advise and consent

A

final approval on House of Representative’s appropriations

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20
Q

cloture

A

3/5 majority vote to end fillibuster in sentae

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21
Q

Senate committee structure

A

standing (17), appropriations most powerful, no rules committee,

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22
Q

legislative checks on executive branch

A

-can override presidential veto
-control appropriations
-ratify treaties
-declare way
-refuse presidential appointments
-impeach and remove the President from office

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23
Q

legislative checks on judicial branch

A

-can refuse judicial appointments
-authority to impeach judges
-can create lower courts
-can propose constitutional amendments to overrule Supreme Court decisions

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24
Q

Executive checks on legislative

A

-president is “commander-in -chief” who can veto bills, recommend legislation, call special sessions of Congress

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25
Q

Executive checks on judicial

A

-president appoints judges to fill vacancies, president can grant reprieves and pardons

26
Q

Judicial checks on executive

A

-may rule that presidential action is unconstitutional, judges appointed by the president serve for life

27
Q

judicial checks on legislative

A

-interpret laws and may declare laws unconstitutional

28
Q

how a bill becomes a law

A

1.draft bill from Congress or others
2. introduction by a primary sponsor, senator, or representatives, placed in a wooden box called the “hopper”
3. HOR or senate meet in a small group to research talk about, and make changes to the bill. they vote to accept or reject the bill and its changes before sending it to HOR or senate floor for debate or to a subcommittee for further research
4. if majority vote for and pass bill, it moves to the other house and goes through another similar process of committees, debate, and voting. both houses have to agree on the same version of the final bill before it goes to the president
5. when president gets the bill they can approve and pass it, making the bill a law
-veto or pocket veto or chose no action when congress is in session and after 10 days of no answer the bill will become a law

29
Q

Baker v Carr (1961)

A

-established one person=1 vote doctrine, federalism (SCOTUS now involved in redistricting)
-predominant votes came form rural areas of TN because districts had not been changed in 50 years, unequal representation of growing urban population
-under the 14th Amendments equal protection clause, the districts were unconstitutional and that issues of reapportionment were justiciable
-states had to now reaportion districts to have equal weight

30
Q

Shaw v. Reno (1993)

A

-North Carolina’s reappointment plan contained a bizzare-shaped and sized district that many argued was to secure votes for election of black representatives
-you cannot create a district or gerrymander soely based on race, violation of 14th Amendment’s equal protection clause
-even if done with good intentions, it set a dangerous precendent

31
Q

Marbury v. Madison (1803)

A

John Adams appointed justices before leaving office to president TJ, TJ refused to deliver justices their commissions
-court ruled Marbury has legal rights to his commission, but the court does not have the authority to grant writ of mandamus to demand commission
-article 13 of Judiciary act is void (courts should not have right to the writ of mandamus)
-1st judicial review

32
Q

Executive power

A

-vested by the constitution (article II), enforces the provision of federal laws and administers a vast federal bureaucracy that spends over 3 trillion a year and includes over 3 million employees

33
Q

executive appointment power

A

-power to appoint top ranking federal employees: cabinet members and aids, heads of independent agencies, ambassadors and other diplomats, all federal judges, U.S marshalls and attorneys
-appointments are all subject to confirmation of the senate, limited by the “senatorial custom”

34
Q

12th amendment

A

before, 2nd winner of electoral votes became VP, now president is allowed to choose their VP

35
Q

executive removal power

A

president can remove/dismiss his appointees, however the president cannot dismiss a federal judge or commissioner of an independent agency

36
Q

the cabinet

A

-article II, section 2
-includes 14 executive department heads plus the Attorney general,115 departments

37
Q

the executive office of the president

A
  1. The Office of Management and Budget
  2. The National Security Council
  3. the Council of Economic Advisors
38
Q

the White House staff

A

Chief of Staff: responsible for the smooth operation of white house, advises pres
-press secretary: top communicator to the people, appointed by the pres, chief responsibility is to keep White house press corps aware of important events in the president’s schedule and knowledgeable about the presidents actions

39
Q

legislative powers of pres

A

-president directs office of legislative affairs which drafts bills and assist the legislative process

40
Q

veto

A

-#1 presidential check on congress
-president has the final say in congressional bills

41
Q

commander in chief

A

president has much control over the military, can deploy troops

42
Q

formal constitutional powers

A

presidents powers that are defined in article II

43
Q

informal powers

A

presidents political powers interpreted to be inherent in the office to achieve\ policy goals

44
Q

President as chief diplomat

A

-president appoints ambassadors who are official representations of the US to another country
-treaties: presidents can facilitate trade, provide for mutual defense help as long as senate approves
-executive agreements: simple contract between two heads of state, does not require senate majority vote

45
Q

Judicial characteristic: adversarial

A
  • A court provides an arena for two people to bring their conflicts
    before an impartial arbiter, or judge.
  • The plaintiff brings the charge
  • The defendant is the one being charged.
46
Q

Judicial characteristic: passive

A
  • Federal judges are restrained by the Constitution to deciding
    actual disputes or cases rather than hypothetical ones.
    *The judiciary is thus a passive branch of government that
    depends on others to take the initiative.
47
Q

jurisdiction

A

court’s authority to hear a case

48
Q

origional jurisdiction

A

courts in whic a case is first heard

49
Q

appellat jurisdiction

A

courts taht cases brought to them on an appeal from a lower court

50
Q

exclusive jurisdiction

A

cases that can be heard only in certain courts
ex: juvinille

51
Q

Concurrent jurisdiction

A

cases that can be heard in
either a federal or a state court.

52
Q

Filing Briefs

A

Each party in the case is required to file a brief, or a written
statement, arguing one side of the case. Briefs cite relevant facts,
legal principles, and precedents that support their arguments

53
Q

Amicus Curiae

A
  • Interested parsons and groups that are not actual parties to the
    case may file amicus curiae (“Friends of the Court”) briefs. Cases
    involving controversial issues such a affirmative action attract a
    large number of Amicus Curiae briefs to lobby the court.
54
Q

Concurring Opinion

A

supports the majority opinion, but
stresses different constitutional or legal reasons for reaching
the judgment.

55
Q

Minority or Dissenting Opinion

A

expresses a point of view
that disagrees with the majority opinion. Dissenting opinions
have no legal standing

56
Q

Stare Decisis

A

– a Latin phrase meaning “let the decision stand.”
* The vast majority of Supreme Court decisions are based on
precedents established in earlier cases.
Precedents help make Supreme Court decisions more uniform,
predictable, and efficient.

57
Q

Judicial Restraint philospohy

A

Advocates of judicial restraint argue that the Supreme Court
should use precedent and the Framers’ original intent to decide cases.
Advocates of judicial restraint also argue that the Supreme Court
should defer to the elected institution of government.

58
Q

Judicial Activism Philosophy

A

Advocated of judicial activism argue that the federal courts must
correct injustices when other branches of the government or the
states refuse to do so.

59
Q

powers of bureaucracy

A
  1. enforce executive rules
  2. make new laws to carry out regulations
    3.administation of adjudication: sets consequences if someone does not follow regulations
60
Q

4 types of Bureaucratic departments

A
  1. Cabinent/ Executive Departments: State, Treasury, Defense
  2. Independent Agencies: NASA
  3. independent Regulatory Agencies: FDA, CDC
  4. Cooperations: post-office, public broadcasting
61
Q

iron triange

A

congress and lobbyists work back and forth with agenicies to create laws/regulations based on what lobbyists want