Institutions of Government

If the president vetoes a bill, Congress has choices. What are these choices?

1. make the required changes that the president has requested 2. attempt to override president's veto by a 2/3 vote 3. House of origination (where bill was originally introduced) does nothing with the veto and the bill is dead

Four main functions of the Department of Homeland Security?

1. protect the borders 2. support local agencies like police and fire departments 3. detect chemical, biological and nuclear weapons 4. analyze intelligence

How many cabinet departments are there?

15

Elections to the ___________ takes place within each congressional district. Elections for _______________ of the Senate occur every two years, with a senator's term lasting 6 years.

House, 1/3

Which has more committees, the House or the senate? Members of which house tend to be more specialized and have more expertise due to serving on fewer committees?

House, House

Permitted Government Employees to vote in government elections but forbade them from participating in partisan politics

Hatch Act (1939)

Congress has attempted to give itself veto power over the actions of the president. In specific instances, Congress would write legislation giving the president broad powers to act by reserve the right to void presidential actions by a vote of one or both houses. This legislative veto was declared unconstitutional by the Supreme Court in ______ vs _____________ (1983).

INS v Chadha

____________ _____ ___________ deals with the question of whether laws are fair. This is determined by looking at the Constitution, specifically the Bill of Rights and the 14th amendment.

Substantive due process

Government ___________________ are a cross between private business corporations and a government agency. They are supposed to have freedom of action and flexibility and produce at least enough revenue to support themselves. Name at least 2 examples:

corporations -United States Postal Office, Amtrak, PBS

a system of law concerned with the punishment of those who commit crimes.

criminal law

In the US, most legal cases either involve _______ ______ or __________ ______

criminal law, civil law

Some members of congress view themselves as delegates whose job is to mirror views of their home districts. This is known as the ____________ model or ___________________ view

delegate, representational

A recent movement in removing government restrictions and regulations in the marketplace. Claim competition of marketplace is all of the regulation needed and that regulation is too expensive, time consuming, and requires too much red tape.

deregulation

Justices in the minority of an opinion can write a __________________ ____________, questioning the reasoning of the winning side. These have no immediate significance, but if the ideological composition of the court changes, they can sometimes become the legal foundation for future majority opinions.

dissenting opinion

All those who appear in the court in the US must be treated as equals. The founders were very concerned that the new nation avoid the hierarchical legal systems and as such, enshrined many amendments in the Constitution that establish ________ ___________ _______ _____ _______.

equal justice under the law

Although the US plays host to the interlocking system of state and federal law, a few underlying principles make up the foundation of our legal system. They are...

equal justice under the law, due process of law, adversarial system, presumption of innocence

Winning a civil case can mean either the payment of monetary damages or __________, in which the loser may be forced to stop doing something that was annoying or harmful to the winner

equity

The broad powers of the president to initiate foreign policy came to include _____________ _________________ (which do not require Senate approval). These are agreements between the heads of countries; under US and international law, they are as binding as a treaty however they usually deal with more routine admin manners.

executive agreements

Presidents are supposed to be ___________ builders. Presidents serve as ____________ leaders and coalition builders. Perhaps the President's most important informal powers are as a ________ ____________ and communicator to Congress and the American people

morale, legislative, policy persuader

The regulatory agencies carry out their responsibilities by setting rules and _________________ that industry must follow. Setting them is a participatory process in which industry become actively involved in determining the rules

regulations

Administrative units, such as the Federal Communications Commission and the Environmental Protection Agency, that have responsibility for the monitoring and regulation of ongoing economic activities.

regulatory agencies/ independent regulatory commissions

Whoever introduces a bill is called the ___________ of the bill

sponsor

The petitioner (person who brings the case) must have some vested interest in the outcome of the case. Such petitioners are said to have ___________ .

standing

Four types of committees in Congress

standing, select, joint, conference

The Senate has no closed rules for amending legislation. Amendments, called ____________, do not have to be relevant to a bill. So, Senators can add amendments designed to bring federal money to a home state, called _______ ___________. ______________- provisions within legislation that appropriate money to a specific project- appear in appropriation bills and authorization bills.

riders, pork barrels, earmarks

Each cabinet ____________ is appointed by the president and confirmed by the Senate. Can be dismissed at president's will and are supposed to run their departments and carry out the president's policies. Over time, they have tended to represent their own departments for than the president's policies.

secretary

At the top of each department of the bureaucracy is the ____________ of the department, appointed by the president and confirmed by the Senate. Directly subordinate to them is the ________________, appointed by the president without Senate confirmation. These positions are replaced at the end of a president's term. Below these positions are the personnel of the _________________________________ including both appointees and non-appointees. They do not need Senate confirmation and are meant to be representative of the policy goals of the White House and help bureaucrats implement policy preferences of the chief executive

secretary, undersecretary, Senior Executive Service

Senators in a state where an appointee will sit have traditionally exercised _____________ ____________ - they submit a list of acceptable nominees to the president. Presidents usually choose a nominee from the lists submitted; it is expected only when the president and senators are of the same party.

senatorial courtesy

Generally the committee member with the most _________ becomes the chair of the committee. The senior member of the _____________ party becomes the ranking member.

seniority, ranking

As with plea bargaining in criminal law, civil law also has a mechanism to avoid trial . In a _________________, the parties negotiate and the issue becomes how much each part is willing to give up to end the lawsuit.

settlement

A _____________ _________, as in Brown v Board of Education, occurs when all justices agree - this opinion carries the most force in future legal cases and when legislatures draft new laws.

unanimous opinion

The ______ _____________ is the president of the Senate, and this is his or her only constitutionally delegated responsibility. However, they are rarely on the floor of the senate and only vote to break a tie. When they are absent during Senate sessions, the __________ _____ ______________ is the presiding officer. This is a largely honorary position and is usually given to the most senior member of the majority party of the Senate.

vice president, president pro tempore

The House majority and minority ____________ also help their respective party leaders keep the members loyal to the party's legislative agenda. They coordinate members of each party and help garner support for proposed legislation

whips

________ and ___________ have always been underrepresented in Congress and state legislatures which is the reason the __________ __________ ______ ___ _________ encouraged states to take measures to increase minority representation in Congress.

women, minorities, Voting Rights Act of 1965

If a court chooses to review the decisions of lower courts and if four justices agree to this review, the court issues a _______ _____ _____________, a legal document used to request the lower court transcripts of a case.

writ of certiorari

The rule making process has fostered the creation of iron triangles. Typically iron triangles are informal alliances made up of three groups:

(1) a particular industry and its lobbyists (2) the congressional committee dealing with that industry (3) the agency that actually is affected

Only the House of Representatives may initiate tax laws and spending bills. It is the _________ ______ _______ ________ ________________ that oversees taxing and spending legislation. Senate only has ______________ powers on revenue bills

- House Ways and Means Committee -amending

Why does the Constitution spell out the responsibilities of legislatures more than executive and judicial branches?

-Worried they would have too much innate power, powers are strictly split between two complementary, unique houses

Name at least 4 roles of the president:

-enforcing laws -handling foreign policy -serving as ceremonial head of state -administrative head of government -Veto legislation -grant reprieves/pardons -commander in chief -can make war

Name at least 5 delegating powers of both houses of congress, requiring them to work in concert with eachother:

-taxing -borrowing money -regulating commerce -raising an army -creating and making rules for federal courts -establishing naturalization laws -post offices -providing for militia -necessary and proper laws

Banned age discrimination in jobs unless age is related to job performance

Age Discrimination in Employment Act (1967)

The beginning of a series of acts to regulate impacts on the environment

Air Quality Act (1967)

Protected civil liberties of disabled Americans and mandated "reasonable accommodations" to public facility use

Americans with Disabilities Act (1990)

Often known as the McCain-Feingold Bill, this law banned soft money contributions to national political parties and raised hard money limits to $2000. In a controversial decision in the case of the Citizens United v Federal Election Commission (2010), the Supreme Court struck down several provisions in this law, especially those related to contributions made by corporations to political campaigns.

Bipartisan Campaign Reform Act (2002)

Independent regulatory agencies are run by panels of administrators called ________________________________, appointed by the President with consent of the Senate. Terms usually overlap term of appointing president and can range from 3-14 years depending on the commission.

Boards of Commissioners

The court ruled that giving money to a political campaign was a form of free speech and threw out some stringent federal regulations on fund raising and election spending

Buckley v Valeo (1976)

Established congressional budget committees and Congressional Budget Office, as well as gave Congress the power to prevent the president from refusing to fund congressional initiatives (known as impoundment)

Budget and Impoundment Control Act (1974)

Florida's recount in the election of 2000 was ruled to be a violation of the Fourteenth Amendment's equal protection clause.

Bush v Gore (2000)

There are 13 ___________ ___________ ___ ___________, which hear cases on appeal from the Federal District Courts or from a state Supreme Court. In these cases, someone has to claim that a constitutional right has been violated. They decide issues of law and never issues of fact. Have no juries and made up of panels of appointed judges

Circuit Court of Appeals

Title II banned discrimination in public places on basis of race, color, national origin, or religion. Title VII prohibited employment discrimination based on gender

Civil Rights Act/ Fair Housing Act (1968)

_________________ committees are temporary and include members from committees of two houses who were responsible for writing a bill. They try to negotiate compromise bills which are then submitted to the two houses or an up or down vote without amendments. Once a compromise bill has been negotiated, the committee disbands.

Conference

Only ___________ has the power to declare war, but the president can make war. Once the president has committed troops in conflict, it is unlikely that ________________ would refuse to fund the weapons needed for the military

Congress (both)

The ____________ ____ _______________ _____________ is responsible for helping president make national economic policy. The council is usually made up of economists who advise president on policies that are designed to increase prosperity

Council of Economic Advisors

The ____________ _________ ____________ assists the president in formulating policies relating to energy, education, agriculture, national resources, economic affairs, health and human resources, welfare reform, drug abuse, and crime

Domestic Policy Council

Considered to be one of the most controversial government bureaucracies, the ______________________________________ was created in 1970 as an independent body. Its mission is the enforcement of environmental laws passed by Congress. Two main laws they have been responsible for enforcing?

Environmental Protection Agency (EPA) - 1970 Clean Air Act, Endangered Species Act

A controversial bureaucratic agency provoking political contention is the ___________________________. Created by the 1964 Civil Rights Act, it is responsible for enforcing anti-discrimination laws of the US and has been susceptible to political pressure from both Congress and the White House. Name at least two of their duties?

Equal Employment Opportunities Commission (EEOC) -Affirmative Action, ADA, programs for minorities, bring suits in cases of racial or sexual discrimination

Severely curtailed the civil liberties of Americans during wartime and greatly increased the power of the federal government in controlling public activity. Repealed by congress in 1921

Espionage Act (1917), Sedition Act (1918)

There are 94 _____________ ___________ ____________, created by Congress to fulfill its delegated responsibility of creating courts inferior to the Supreme Court. They decide both civil and criminal cases in original jurisdiction and can decide liability in civil cases in which monetary losses have occurred.

Federal District Courts

Three levels of federal courts:

Federal District Courts, Federal Circuit Courts of Appeals, Supreme Court

Established the Federal Election Commission and required disclosures of contributions and expenditures, as well as limitations on contributions and presidential election expenditures

Federal Election Campaign Acts (1971, 1974)

Perhaps the best known regulatory board is the _________________________ because its policies directly affect the buying power of the public. They accomplish this by regulating banks, value and supply of money, and interest rates.

Federal Reserve Board (the fed)

A regulatory agency responsible for preventing fraud in the marketplace by preventing price fixing and deceptive advertising

Federal Trade Commission

(1810) The first case in which the court overturned a state law on constitutional grounds. Established the court's right to apply judicial review to state laws where it had previously only been applied to federal laws

Fletcher v Peck

A regulatory agency responsible for ensuring the health of Americans by inspecting the food supply for contaminants and spoilage. Also responsible for regulating the sale of OTC drugs and patent medicines

Food and Drug Administration

Declassified government documents for public use

Freedom of Information Act (1966)

(1824) Court ruled that the state of New York could not grant a steamship company a monopoly to operate on an interstate waterway, even though that waterway ran through New York. This increased federal power over interstate commerce by implying that anything concerning interstate trade could potentially be regulated by the federal government

Gibbons v Ogden

Set budget reduction targets to balance the budget. Failed to eliminate loopholes.

Gramm-Rudman-Hollings Bill (1985)

In a national crisis, other branches of government and the American people tend to look to the president for leadership and initially presidents will have strong support for their policies. This helps explain why Congress, in 1964, passed the _______ ___ ___________ ______________, giving the president the broad powers to commit unlimited numbers of troops for an unlimited length of time in Vietnam conflict.

Gulf of Tonkin Resolution

This law stringently limited the number of immigrants admitted into the United States and set strict quotas for entry

Immigration Act (1924)

_____________ committees are made up of members of both the House and the Senate. These are normally used for communicating to the public or for investigations but generally do not send bills to the floor for votes

Joint

(1803) In the closing hours of his presidency, John Adams commissioned William Marbury as justice of peace in DC. Although commission was approved by Senate, President Thomas Jefferson, upon taking office, ordered Secretary of State James Madison not to deliver the commission. In a unanimous decision, Supreme Court ruled that although Marbury was entitled to his position as Justice of Peace, the provision of the Judiciary Act allowing Supreme Court to grant this position was unconstitutional. The ruling, therefore, sets a precedent that future courts have followed: when a law comes in conflict with the Constitution, the Supreme Court considers that law unconstitutional. This is the foundation of judicial review

Marbury v Madison

(1819) In 1816, federal government created the Second Bank of the US with branches in different states. In 1818, Maryland legislature passed a law taxing the bank. McCulloch, who managed Baltimore branch refused to pay. Maryland argued that since Constitution said nothing about banks, it was legal for state to impose a tax on a bank run by the federal government. They also argued that a federal banking system was unconstitutional. In a unanimous decision, SCOTUS ruled second bank of US was constitutional and since states are not truly sovereign over their territory they cannot impose taxes on government entities or interfere with its operations if they are legal. The case was a victory for those who believed that federal power superseded state power

McCulloch v Maryland

Race cannot be the sole or predominant factor in redrawing legislative district boundaries

Miller v Johnson (1995)

The ____________ _____________ ______________ (____) is headed by the national security advisor who has direct access to the president in matters relating to military and foreign policy. They have been involved since the late 1940s in the decision making process during national emergencies.

National Security Council (NSC)

Also known as the Motor Voter Act, this allowed people to register to vote when applying for Drivers Licenses

National Voter Registration Act (1993)

Legislation that expanded the role of government in economy and society. Created entities like Social Security, the Securities and Exchange Commission, and the Tennessee Valley Authority. These laws also dramatically expanded the role and size of the federal government

New deal legislation (1933-1939)

One of the few successes of the Articles of Confederation, providing clear guidelines for the settlement of new territories and path to statehood. Reaffirmed by Congress under constitution in 1789

Northwest Ordinance (1787, 1789)

The _________ ____ ___________________ ____ ____________ (_______) is responsible for preparing the budget of the US and can be used to control and manage executive agencies for the president. Has enormous power because of its ability to allocate money to the cabinet departments through the budget process of the executive branch. Increasing or decreasing department's budget affects how it carries out its responsibilities

Office of Management and Budget (OMB)

________________: Through its committees and subcommittees, Congress reviews the work of federal agencies, helping to check the executive branch. Investigates charges of corruption and waste, holds hearings in which experts and citizens discuss government's problems and suggest solutions. All committee chairs have the power to ______________ (legally counsel) witnesses to appear and testify.

Oversight, subpoena

_________ try to influence votes through contributions, as do constituents and interest groups. The most important factor in determining the vote of a congressperson is ________ _____________.

PACs, party affiliation

In response to the terrorist attacks of September 11, 2001, the government decided to allocate more resources toward defense goods.

Patriot Act (2001)

Eliminated spoils system of patronage in selection for government jobs and set up an exam based merit system for qualified candidates

Pendleton Act (1883)

The Welfare Reform Act signaled a change in the role of the federal government in relation with the states. This law sought to increase the role of personal responsibility in welfare recipients and shifted many responsibilities for welfare provision to state governments

Personal Responsibility and Work Opportunity Reconciliation Act (1996)

Unlike the Senate, the House has a ____________ __________________ which is responsible for determining how long a bill will be debated and whether to allow an open or closed rule for amending the bill.

Rules Committee

The largest department of the bureaucracy is the Department of Defense, administered by the __________________________________. This person must be a civilian and reports directly to the president. Each of the five military services is headed by a uniformed chief of staff and the five chiefs work together as the ______________________________, headed by a chairman. They are responsible for carrying out defense policy and report directly to president and previous party.

Secretary of Defense, Joint chiefs of Staff

A regulatory agency that protects investors by regulating stock markets and policing corporations to prevent false and misleading claims of profits in an effort to increase stock prices

Securities and Exchange Commission

___________ committees are temporary committees organized in each house for some special purpose. Usually carry out investigations for purpose of writing special legislation and work of these committees eventually leads to campaign reform.

Select

Facts: After 1990 national census, federal government reapportioned seats in the House to reflect changes in population. North Carolina legislature began to redraw its congressional map. Issue: Proposal the North Carolina legislature submitted to dept of justice suggested that the state legislature was attempting to use gerrymandering to isolate African American voters into 12th congressional district. White voters living in 12th sued. When a federal District Court dismissed their lawsuit, the case went to the Supreme Court. Holdings: In a 5:4 decision, Supreme Court ruled North Carolina's 12th congressional district was a clear case of state using racial bias in its congressional map

Shaw v Reno (1993)

Invalidated part of the Voting Rights Act of 1965, clearing the way for expansion of photo ID laws

Shelby County v Holder (2013)

Provided Congress with authority to regulate and break up monopolies - or trusts - in the US. Abused, however, to break up labor unions.

Sherman Anti-Trust Act (1890)

Denying of African Americans the right to vote in a primary election was found to be a violation of the fifteenth amendment

Smith v Allwright (1944)

The leader of the house of representatives is the ___________, chosen by the majority party in a special election. They are powerful because they can direct floor debate, have influence over committee assignments and Rules Committee, and can control which bills go to which committees.

Speaker

____________ committees are permanent specialized committees. They include the House Ways and Means Committee, Senate Judiciary Committee, and Senate Armed Services Committee. There are 20 in the House and 17 in the Senate

Standing

A regulatory agency responsible for assigning broadcasting frequencies, for licensing radio and television stations, and regulating the use of wireless communication devices

The Federal Communications Commission

A regulatory agency responsible for preventing price fixing and price manipulation in electric utilities, interstate oil and gas lines, and natural gas suppliers

The Federal Energy Regulatory Commission

A regulatory agency that controls how electric power companies design, build, and operate nuclear reactors

The Nuclear Regulatory Commission

A regulatory agency responsible for ensuring workers are employed in a safe environment. EX: Blood borne pathogen regulation, ventilation in a factor, type of clothing worn and tools used

The Occupational Safety and Health Administration

Prohibited gender discrimination in federally subsidized education programs

Title IX Education Act (1972)

States cannot set term limits on members of Congress

US Term Limits v Thornton (1995)

The _______ ___________ _________________ is responsible for negotiating complex trade and tariff agreements for the president.

US Trade Representative

Suspended literacy tests, empowered federal officials to register voters, empowered federal officials to ensure that citizens could vote, empowered federal officials to count ballots, prohibited states from changing voting procedures without federal permission. Was an important piece of legislation during the Civil Rights Movement.

Voting Rights Act (1965)

Congress passed the ______ ____________ _______ in 1973 in an attempt to force the president to seek congressional approval before making war. The act specifically limits the president to 10,000 troops for 60 days, with 30 additional days to withdraw troops unless Congress grants an extension or declares war

War Powers Act

Limited president's power to use troops overseas in hostilities, put a time limit on use, and gave Congress final power to withdraw troops. Since 1973, all presidents have declared this act unconstitutional and it has been repeatedly ignored

War Powers Act (1973)

Ordered House districts to be as equal as possible - enshrined the principle of "one man, one vote"

Wesberry v Sanders (1963)

When issues affect many groups, pro and con coalitions of interest groups, members of Congress and bureaucrats form a close working relationship. This political process is called either an ______________________ or an ________________________ and is far more complicated than an iron triangle

alliance network, issue network

Bureaucrats are not elected. The 15 cabinet secretaries and heads of independent agencies get _______________ by the president with the consent of the Senate.

appointed

In 1982, Congress amended the Voting Rights Act to encourage states to create majority minority districts, concentrating ________ and _________ populations into distinct congressional districts.

black, Hispanic

Once the Supreme Court decides to take a case, both sides of the case submit summaries of their arguments and legal foundations for them. These summaries are known as ________. Interest groups affiliated with both sides of the case can also submit their own briefs to the Supreme Court. These _________ __________ ___________ constitute an effort to sway teh judges to one side or other other and can be quite influential in determining the outcome of the case.

briefs, amicus curiae briefs

The ____________________ is responsible for ensuring that the policies and programs enacted by Congress and the executive department are carried out. They are responsible for executing laws, providing for defense, and administering social programs and as such, they are considered part of the executive branch of government.

bureaucracy

Each of the 15 departments of the bureaucracy is broken down into smaller units. These smaller units, called ________________________ are responsible for dealing with a particular clientele or a specific subject. Ex: Bureau of Land Management (Dept of Interior), The Internal Revenue Service (Dept of Treasury), etc.

bureaus, offices, services

The _______________ is not mentioned in the Constitution but was created through custom and usage. Each department was instituted by an act of Congress to help administrate responsibilities of the executive branch.

cabinet

Every 10 years, a ___________ is taken by the federal government to count the population to determine the number of each state's ____________________ districts.

census, congressional

The _________ _____ ___________ is the top aide to the president. He or she is a person in which the president has complete trust and is probably a longtime associate and friend. Considered one of the most powerful persons in Washington, they are responsible for managing the Executive Office and can control access to the president, thus potentially controlling the information that the president receives. They can have a tremendous effect on presidential effectiveness

chief of staff

the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs.

civil law

Today, the majority of government jobs are filled through the competitive _______________________. This was established in 1883 with the passage of the Pendleton Act, which ended the __________________ or practice of handing out jobs in exchange for political support.

civil service system, spoils system

The Supreme Court does not have a jury; it is considered a ____________ court because its decisions are made by the nine justices. When the court acts in ________________ _________________, it can decide only issues of law and never the facts of a case.

collegial, appellate jurisdiction

____________ serve as mini legislatures, performing the tasks of investigating and debating bills that, due to time constraints, could never otherwise receive the consideration of Congress. Often, the bill is assigned to a smaller group, called a ______________, for initial consideration. These bodies often decide how money is spent.

committees, subcommittees

Sometimes justices may vote with the majority but take issue with its legal reasoning; these are called _______________ _______________.

concurring opinions

In criminal law, a suspect is arrested and must be indicted. This is done (in most states and at the federal level) by a _________ _______: a group of 24-48 jurors who decide only one thing, whether a trial should commence. Prosecution usually has to meet a certain standard of evidence.

grand jury

Federal judges are appointed by life and can only be removed by the __________________ ____________. Only 8 have ever been removed.

impeachment process

agencies in the executive branch of the federal government formed by Congress to help enforce laws and regulations not covered by the executive departments

independent agencies

Government entities not within the 15 cabinet departments fall into two categories: the ___________________ agencies and the __________________ agencies.

independent, regulatory

Judges who are reluctant to overturn the acts of a legislature are said to practice _____________ ________________. Liberals often see judges as constitutional interpreters who should reflect current values. A judge who has no qualms about overturning a legislative action is considered a ______________ ________________.

judicial restraint, judicial activist

The Supreme Court will only rule in cases that are real and adverse, which means that case must involve a actual legal dispute, these cases are said to be _______________.

justiciable

Failure to pass a bill from a conference committee will ______ a bill

kill

In 1996, Congress gave President Clinton the ____ _____ _______, empowering the president to veto individual parts of a bill. The constitutionality of this action was immediately challenged in the Supreme Court in the case: ___________ vs _____________________________

line item veto, Clinton v City of New York

The _______ __________ of the House keeps party members in line and helps determine the party policy and the party's legislative agenda.

majority leader

The ________ __________ has the real power in the Senate because he or she controls the legislative agenda and acts as a power broker and policy initiator. The _____________ ____________ can act as a power broker but usually cannot initiate policy or control the agenda.

majority leader, minority leader

When the justices split, the opinion with the most votes is the _____________ ________________, and it is the opinion that decides the results of the case.

majority opinion

The ___________ party of each house holds all the committee chairs. They will also hold a majority of seats on each committee, effectively controlling all business of the committee. On important committees, they usually hold ___________ of committee seats.

majority, 2/3

The ___________ _________ of the House keeps the minority party members in line and helps determine the minority party's legislative agenda

minority leader

Every year from October to April, the Supreme Court hears ______ ______________ for cases it has chosen to take. Usually lawyers for each party have half an hour to stand before the 9 judges and present their arguments. Often federal government will take one side or other other, and the ______________ ____________ will get a portion of that half hour to argue on the government's behalf. They are the second ranking member of the justice department and typically make many appearances before the high court.

oral arguments, solicitor general

Isolating minorities in the congressional district is known as _____________. Dividing them up among many districts is called _______________.

packing, cracking

The Supreme Court appointment process has become very political; some presidents have required that potential appointees fill out a judicial questionnaire to determine their political and judicial ideology. Nominees are almost always of the same __________ as the president. Nomination hearings occur before the __________ _____________ ________________.

party, Senate Judicial Committee

Criminal trials are held before _______ __________ as opposed to grand juries, and the decision of the jury is known as the __________. A guilty verdict can only be returned if all twelve jurors vote to convict

petit juries, verdict

Committees will sometimes refuse to vote a bill out, hoping to keep it from being considered by the House. A bill stuck in a House or Senate committee is said to be ____________. The parliamentary mechanism to force a bill out of committee for a floor vote is called a ______________ ________________.

pigeonholed, discharge petition

Once the accused has been indicted by a grand jury, the person has the option of ______ ____________ with the prosecution to agree to a less serious crime and sentence.

plea bargaining

The Rules committee can kill a bill by delaying a vote or by making it easy for opponents to add _____________ (or ____________ ) ____________________ The House Rules Committee can also bring bills up for an immediate floor vote

poison-pill (killer) amendments

Representatives of electorates, Congressmen voting on laws and helping constituents in their dealings with the government. Can receive and act on complaints about federal services, sponsor voters who seek scholarships or federal contracts, and solicit constituent's suggestions on how to improve the government

politicos

The _________ ____ ______ _____________, founded in Article I, Section 9, Clause 7 (the appropriations clause) and Article I, Section 8, Clause 2 (taxing and spending clause) gives Congress the power to influence president or bureaucrats by withholding or putting conditions on funding. This can be used positively to promote certain programs or to negatively diminish the power of an agency

power of the purse

Stakes in civil law are not nearly as high as in criminal law; the plaintiff merely needs to show a _________________ _____ _________________ favors his side of the case. This is the equivalence of proving 51% of the evidence points his way

preponderance of evidence

__________ _______________: Committee hearings and floor debates increase awareness of government and societal problems. Floor debates over issues such as gun control, tax cuts, Social Security reform, health care reform, and sending armed troops abroad all help to focus national attention

public education

Independent agencies who have the responsibility for filling in gaps and writing rules in legislation are referred to as _____________________________________. Those responsible for rule enforcement and punishing violators are ___________________________________.

quasi-legislative agencies, quasi-judicial agencies

Since the presumption of innocence is so important in our legal system, the burden of proof is on the prosecution to prove guild beyond a ________________ ___________.

reasonable doubt

Congressional __________________ is done by each state legislature. Therefore the political party in control of the state legislature determines how districts are drawn. As much as is legally possible, the legislature will ________________ the district boundaries to give the majority party an advantage in future elections

redistricting, gerrymander

__________ __________ is a synonym for legal precedent, defined as " a rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases"

stare decisis

_____________ _____ ___________ is concerned with the question of whether laws are fairly applied.

substantive due process

Due process can be divided into two types:

substantive, procedural

A government is only involved in a civil case if it happens to be the party being _________. There is no prosecution, instead a plaintiff squares off against a defendant. If a person thinks they have been wronged, they issue a complaint in _________ ____________.

sued, civil court

Other members of congress see themselves as _____________ who should consider their constituent's views but should ultimately use their best judgement as experts when deciding how to vote. This is also known as the _________________ view

trustees, attitudinal