Psc Ch 10-13

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Omnibus Appropriations Bill

A bill that deals with a number of unrelated topics. (458)

principal-agent problem

A conflict of interest that occurs when agents (workers or managers) pursue their own objectives to the detriment of the principals' (stockholders') goals.

Habeas Corpus

A court order that requires police to bring a prisoner to court to explain why they are holding the person

mootness

A criterion used by courts to avoid hearing cases that no longer require resolution

standing committee

A permanent committee established in a legislature, usually focusing on a policy area

Cloture

A procedure for terminating debate, especially filibusters, in the Senate. a rule or processing a legislative body aimed at ending debate on a given bill in the us senate

roll call vote

a vote in which each legislator's yes or no vote is recorded as the clerk calls the names of the members alphabetically

concurring opinion

a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different (or additional) reasons as the basis for his or her decision.

Office of Management and Budget

agency executive office of the pres w control over the federal budget and regulations

dissenting opinion

a decision written by a justice in the minority in a particular case in which the justice wishes to express his or her reasoning in the case

bill

a proposed law that has been sponsored by a member of Congress and submitted to the clerk of the House or Senate

closed rule

a provision by the House Rules Committee limiting or prohibiting the introduction of amendments during debate

delegate

a representative who votes according to the preferences of his or her constituency

Filibuster

a tactic for defeating a bill in the Senate by talking until the bill's sponsor withdraws it

substantive representation

a type of representation in which a representative is held accountable to a constituency if he or she fails to represent that constituency properly; this is incentive for the representative to provide good representation when his or her personal background, views, and interests differ from those of his or her constituency

judicial restraint

judicial philosophy whose adherents refuse to go beyond the clear words of the Constitution in interpreting the document's meaning

amicus curiae

A Latin term meaning "friend of the court." Refers to interested groups or individuals, not directly involved in a suit, who may file legal briefs or oral arguments in support of one side.

Defendant

One against whom a lawsuit is brought, or the accused person in a criminal proceeding.

judicial activism

judicial philosophy that posits that the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions

chief justice

justice on the Supreme Court who presides over the Court's public sessions

joint committee

legislative committee composed of members of both houses

staff agencies

legislative support agencies responsible for policy analysis

supreme clause

power of courts to review actions of legislative and executive branches and if necessary declare them invalid or unconstitutional, marbury v madison

inherent powers

powers claimed by a president that are not expressed in the Constitution but are inferred from it

EOP (Executive Office of the President)

the permanent agencies that perform defined management tasks for the president; created in 1939, the EOP includes the OMB, the CEA, the NSC, and other agencies

veto

the president's constitutional power to turn down acts of Congress. A presidential veto may be overridden by a two-thirds vote of each house of Congress

briefs

written documents in which attorneys explain, using case precedents, why the court should find in favor of their client

court of appeals

a court that hears appeals of trial court decisions

government corporations

A government agency that operates like a business corporation, created to secure greater freedom of action and flexibility for a particular program.

trustee

A legislator who acts according to her or his conscience and the broad interests of the entire society.

Rule of Four

At least four justices of the Supreme Court must vote to consider a case before it can be heard

delegated power

Constitutional powers granted solely to the federal government.

polarization

Division into two opposite positions

stare decisis

Let the decision stand; decisions are based on precedents from previous cases

Appropriations

Money granted by Congress or to a state legislature for a specific purpose

implied power

Powers derived from the enumerated powers and the necessary and proper clause. These powers are not stated specifically but are considered to be reasonably implied through the exercise of delegated powers.

Gerrymandering

Process of redrawing legislative boundaries for the purpose of benefiting the party in power.

expressed power

Specific power of the president as listed in Article I of the Constitution.

writ of certiorari

a court process to seek judicial review of a decision of a lower court or government agency, make certain

civil law

The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.

criminal law

The branch of law that defines and punishes wrongful actions committed against the public.

open rule

The provision by the House Rules Committee that permits floor debate and the addition of amendments to a bill

oral agreement

The stage in Supreme Court proceedings in which attorneys for both sides appear before the Court to present their positions and answer questions posed by the justices.

selection committee

Usually a cross functional group that is tasked with reviewing alternatives and selecting a solution

Court of Appeals

a court that hears appeals of trial court decisions

independent regulatory commission

a government agency outside the executive department usually headed by commissioners

bicameral legislature

a lawmaking body made up of two chambers or parts

class action suit

a legal action by which a group or class of individuals with common interests can file a suit on behalf of everyone who shares that interest

plea bargain

a negotiated agreement in a criminal case in which a defendant agrees to plead guilty in return for the state's agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing

whip

a party member in the House or Senate responsible for coordinating the party's legislative strategy, building support for key issues, and counting votes

Plaintiff

a person who brings a case against another in a court of law.

National Security Council

a presidential foreign policy advisory council composed of the president, the vice president, the secretary of state, the secretary of defense, and other officials invited by the president

pocket veto

a presidential veto that is automatically triggered if the president does not act on a given piece of legislation passed during the final 10 days of a legislative session

party unit vote

a roll-call vote in the House or Senate in which at least 50 percent of the members of one party take a particular position and are opposed by at least 50 percent of the members of the other party

executive order

a rule, regulation, or policy issued unilaterally by the governor to change executive branch operations or activities

markup

a session in which committee members offer changes to a bill before it goes to the floor

unorthodox lawmaking

a set of legislative procedures that deviates from regular order; reflects a greater level of control from party leaders and less deliberation from members

descriptive representation

a type of representation in which representatives have the same racial, gender, ethnic, religious, or educational backgrounds as their constituents; it is based on the principle that if two individuals are similar in background, character, interests, and perspectives, then one can correctly represent the other's views

executive agreement

an agreement between the president and the leader of another country

caucus

an association of congressional members created to advance a political ideology or a regional, ethnic, or economic interest. non closed pol party business meeting

white house staff

analysts and advisers to the president, each of whom is often given the title "special assistant"

signing statement

announcement made by the president when signing bills into law, often presenting the president's interpretation of the law

pork barrel

appropriations made by legislative bodies for local projects that are often not needed but that are created so that local representatives can win re-election in their home districts

lame duck

elected official who remains in office for a brief period after a successor has been elected

Incumbency

holding the political office for which one is running

inspectors general

independent audit organizations located in most federal agencies

precendent

prior case whose principles are used by judges as the basis for their decision in a present case

redistrict

process of redrawing election districts and redistributing legislation representation. every 10 yrs

police patrol oversight

regular or even preemptive congressional hearings on bureaucratic agency operations

ping-ponging

sending amendments sent back and forth between the relevant House and Senate committees to reconcile differences between bills or major measures without convening a conference committee at all

conference committee

special joint committee created to reconcile differences in bills passed by the House and Senate

multiple referral

that practice of referring a bill to more than 1 committee for consideration

Executive Departments

the 15 departments in the executive branch headed by Cabinet secretaries and constituting the majority of the federal bureaucracy

speaker of the house

the chief presiding officer of the House of Representatives. The Speaker is the most important party and House leader, and can influence the legislative agenda, the fate of individual pieces of legislation, and members' positions within the House

executive privilege

the claim that confidential communications between a president and close advisers should not be revealed without the consent of the president

Bureaucracy

the complex structure of offices, tasks, rules, and principles of organization that are employed by all large-scale institutions to coordinate the work of their personnel

oversight

the effort by Congress, through hearings, investigations, and other techniques, to exercise control over the activities of executive agencies

implementation

the efforts of departments and agencies to translate laws into specific bureaucratic rules and actions

majority leader

the elected leader of the majority party in the House of Representatives or in the Senate; in the House, the majority leader is subordinate in the party hierarchy to the Speaker of the House

minority leader

the elected leader of the minority party in the House or Senate

trial court

the first court to hear a criminal or civil case

impeachment

the formal charge by the House of Representatives that a government official has committed "Treason, Bribery, or other high Crimes and Misdemeanors"

supreme court

the highest court in a particular state or in the United States; this court primarily serves an appellate function

Apportionment

the process, occurring after every decennial census, that allocates congressional seats among the 50 states

Seniority

the ranking given to an individual on the basis of length of continuous service on a committee in Congress

constituency

the residents in the area from which an official is elected

standing

the right of an individual or organization to initiate a court case, on the basis of their having a substantial stake in the outcome

due process

the right of every citizen against arbitrary action by national or state governments

cabinet

the secretaries, or chief administrators, of the major departments of the federal government. Cabinet secretaries are appointed by the president with the consent of the Senate

jurisdiction

the sphere of a court's power and authority

solicitor general

the top government lawyer in all cases before the Supreme Court where the government is a party

Senior Executive Service

the top, presidentially appointed management rank for career civil servants

opinion

the written explanation of the Supreme Court's decision in a particular case


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