Gov chapter 5 and 6

writ of certiorari (granting cert)

a written request from the Court for all of the files on a case to be sent up for consideration. It means that your case has been accepted by the Court

majority opinion

a written, binding supreme court opinion, which serves as a precedent for future cases

why is having a concurring/dissenting opinion important

they are important to have for the historical record, can help with decision of other cases in the future

Supreme Court

usually use appellate jurisdiction, sometimes use original court

The bill "to modify and continue" the act entitled "An act to incorporate the subscribers to the Bank of the United States" was presented to me on the 4th July instant. Having considered it with that solemn regard the principles of the Constitution which the day was calculated to inspire, and come to the conclusion that it ought not to become a law, I herewith return it to the Senate, in which it originated with my objections. A bank of the United States is in many respects convenient for the Government and useful to the people...Deeply impressed the the belief that some of the powers and privileges possessed by the existing bank are unauthorized by the Constitution, subversive of the rights of the States, and dangerous to the liberties of the people, I felt it my duty at an early period of my Administration to call the attention of Congress to the practicability of organizing an institution combining all its advantages and obviating these objections. Which of the following terms describes Jackson's message

veto

The bar chart supports which of the following inferences?

President Donald Trump has nominated more white federal judges that any president since George W. Bush

What is the most logical explanation for the data on the bar chart?

Presidents tend to nominate judges who match the demographics of their political supporters.

war powers resolution

-a law passed over president nixon's veto that restricts the power of the president to maintain troops in combat for more than sixty days without congressional authorization

Powers of First Lady

-acts as an advisor to the president -personal link between the president and the people

executive agreement

-an agreement between a president and another nation that does not have the same durability as a treaty but does not require Senate ratification -does not transfer from president to president

state courts

-different for every state -criminal and civil law cases -each state has a supreme court (final level of appeal)

chief executive

-enforce laws -federal bureaucracy -cabinet-chosen by president, can be fired by president, controls budget

powers of the president

-execute the nation's laws -submit the annual federal budget -appoint and seek the advice of cabinet departments -shape foreign policy by negotiating treaties, appointing ambassadors, and conducting diplomacy -make policy recommendations to congress; veto congressional legislation -act as commander in chief of the armed forces -deliver pardons

federalist 78

-hamilton's response to Brutus 11 -the judiciary will act impartially and is insulated from politics -the judiciary is the weakest branch -federal judiciary would not infringe upon the rights and liberties and would serve as a check on the other two branches

congressional powers that limit presidential power

-investigate or impeach the president -pass the budget -confirm, delay, or block nominations (for cabinet and S.C. justices) -ratify treaties and confirm ambassadors -override vetoes -declare war and fund the armed forces -congress retains the power to impeach officials who have been pardoned, but neither the legislature nor the judiciary may override a pardon

Chief Diplomat

-makes treaties -appoint and receive ambassadors -shapes foreign policy (diplomacy-can quickly deal with foreign relations)

commander in chief

-president always has nuclear codes on him -in charge of the military

Pardons

-president can release people convicted of federal crimes from all legal consequences and restore their benefits of citizenship

powers of the vice president

-president of the senate (only vote when tie) -assume president power of president while president can't serve

limitations on SCOTUS

-senate confirms justices -congress limits the number of justices -justices can be impeached -the supreme court does not have the power to enforce their decision

Chief Legislature

-state of the union -veto -pocket veto

Marbury v. Madison

-supreme court decision establishing judicial review, which is the power of the Court to overturn executive, and legislative, or state actions that violate the Constitution -this power makes the judiciary a coequal branch of government

signing statement

-written comments issued by presidents while signing a bill into law that usually consist of political statements or reasons for signing the bill but that may also include a president's interpretation of the law itself

3 outcomes of supreme court decision

1. They overturn the law 2. They uphold the law 3. They do not act and refuse to weigh in on the constitutionality of a law or action

Supreme court appellate cases answer 2 questions

1. Will they agree to hear the case 2. If they don't hear the case, decision is based on the merits of the case and applicable law

a president may only introduce armed forces into conflict if

1. a declaration of war by congress 2. a specific statutory authorization by congress 3. a national emergency created by an attack on the United States, its territories or possessions, or its armed forces.

rule of four

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

Select the pair of examples that matches the presidential role with the correct enumerated constitutional power

Chief legislator and gives the state of the union address

The bill "to modify and continue" the act entitled "An act to incorporate the subscribers to the Bank of the United States" was presented to me on the 4th July instant. Having considered it with that solemn regard the principles of the Constitution which the day was calculated to inspire, and come to the conclusion that it ought not to become a law, I herewith return it to the Senate, in which it originated with my objections. A bank of the United States is in many respects convenient for the Government and useful to the people...Deeply impressed the the belief that some of the powers and privileges possessed by the existing bank are unauthorized by the Constitution, subversive of the rights of the States, and dangerous to the liberties of the people, I felt it my duty at an early period of my Administration to call the attention of Congress to the practicability of organizing an institution combining all its advantages and obviating these objections. What is President Jackson's perspective in the quote?

Congress cannot establish a bank of the Unites States

There never can be danger that the judges, by a series of deliberate usurpations on the authority of the legislature, would hazard the united resentment of the body entrusted with it, while the body was possessed of the means of punishing their presumption, by degrading them from their stations. -Hamilton Fed. No. 81 Which of the following statements summarizes the argument made in the Federalist No. 81

Congress may check the supreme court through impeachment

federalist No.70

Hamilton argues that an energetic single executive will protect against foreign attacks, provide for the administration of laws, and protect liberty and property. He also argues that a single executive can be held more accountable by the public.

Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribed the rules by which the duties and rights of every citizen are to be regulated. Te judiciary, on the contrary, has not influence over either sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgements. Which of the following examples best reflects the statement Hamilton mae in the final sentence of the quote?

In 1957, President Dwight Eisenhower sent the National Guard to Little Rock, Arkansas to integrate the schools as ordered in Brown v. Board of Ed.

Why is Marbury v. Madison significant

It established the power of judicial review, affirming that the Supreme Court is coequal with other branches.

Which of the following best explains the trend shown in the graph?

Newly elected presidents take advantage of a "honeymoon" period with Congress to get their policies passed

Which of the following is an example of judicial review by the Supreme Court?

Overturning a president's executive order about immigration because the order violates the Constitution

Which of the following statements best describes the viewpoint in the cartoon?

Political parties attempt to nominate justices who share their political ideology

Which of the following best describes an inference that can be drawn from the table?

The Justices have decided over time that they should devote more of their limited resources to resolving a smaller number of increasingly hard cases

What is the most logical inference from the table, using date from the five years shown?

The Supreme court has been accepting fewer cases for review

executive privelage

a right claimed by presidents to keep certain conversations, records, and transcripts confidential from outside scrutiny, especially that of Congress

going public

a tactic through which presidents reach out directly to the American people with the hope that the people will, in turn, put pressure upon their representatives and senators to press for a president's policy goals

Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribed the rules by which the duties and rights of every citizen are to be regulated. Te judiciary, on the contrary, has not influence over either sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgements. Which of the following statements best describes Hamilton's point of view?

The judiciary's power depends on an ability to convince the other branches of the strength of its reasoning

President Smith begins slurring her words and speaking incoherently about dropping nuclear bombs on russia. What is the most expeditious way under the Constitution to avert disaster?

The president can be removed when the vice president and a majority of the cabinet advise the Congress that the president is unfit

concurring opinion

a written opinion that agrees with the majority decision offering different or additional reasoning, that does not serve precedent

dissenting opinion

a written opinion that disagrees with the majority opinion and does not serve as precedent

structure of the federal judiciary (lowest-highest)

U.S. District Courts-U.S. Court of appeals-U.S. Supreme Court

criminal law

a category of law covering actions that harm the commuity

civil law

a category of law covering cases involving private rights and relationships between individuals and groups

executive office of the president

a collection of offices within the White House organization designed mainly to provide information to the president

Veto

a formal rejection by the president of a bill that has passed both houses of Congress

How does the power of judicial review risk undermining democratic principles?

a group of unelected justices overturn the will of a majority of citizens

precedent

a judicial decision that guides future courts in handling similar cases

judicial restraint

a philosophy of constitutional interpretation that justices should be cautious in overturning laws

judicial activism

a philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies

treaty

an agreement with a foreign government negotiated by the president and requiring a two-thirds vote in the Senate to ratify

pocket veto

an informal veto caused when the president chooses not to sign a bill within 10 days, during a time when Congress has adjourned at the end of a session

bargaining and persuasion

an information tool used by the president to persuade members of Congress to support his or her policy initiatives

federal judges are appointed or elected

appointed

honeymoon period

approval ratings are higher right after the election

amicus curaie

briefs that try to influence the precedential effect of the Court ruling

A Supreme Court Justice who writes the following words, "Generations from now, lawyers and judges will look back at today's ruling with utter contempt," is probably writing a...

dissenting opinion

appointment to the federal judiciary

have to be nominated by the president and the confirmed by a majority vote in the senate

How does an independent judiciary with the power of judicial review protect democratic principles?

it makes sure that if a law is unconstitutional, it is invalid

The Constitution is "not a living document" justice scalia told the southern methodist university crowd in 2014. "It's dead, dead, dead...The judge who always likes the results he reaches is a bad judge" The quote supports which philosophy?

judicial restraint

what is the viewpoint of this cartoon?

other branches of government check the president

executive orders

policy directives issued by presidents that do not require congressional approval

things the president considers when choosing cabinet members

politics and public opinion

Formal (enumerated) powers

powers given to the president that are explicitly written in the Constitution

Informal powers

powers that are not laid out in the constitution but are necessary to carry out the expressed powers

bully pulpit

presidential appeals to the public to pressure other branches of government to support to his or her policies

On November 20, 2014, President Obama issued a statement removing the threat of deportation for approximately five million undocumented parents and permanent residents who lived in the country for at least five years. Which of the following is the best argument that President Obama exceeded his authority in the situation described?

the action expands presidential power beyond its constitutional limits

state of the union address

the annual speech from the president to congress updating that branch on the state of national affairs

original jurisdiction

the authority of a court to hear a case first, which includes the finding of facts in the case

appellate jurisdiction

the authority of a court to hear and review decisions made by lower courts in that system

executive branch

the branch of government charged with putting the nation's laws into effect

On November 20, 2014, President Obama issued a statement removing the threat of deportation for approximately five million undocumented parents and permanent residents who lived in the country for at least five years. Which of the following powers did President Obama use in this scenario?

the informal power to issue an executive order

federal district courts

the lowest level of the federal judiciary; these courts usually have original jurisdiction in cases that start at the federal level

federal courts of appeals

the middle level of the federal judiciary, these courts review and hear appeals from the federal district courts

stare decisis

the practice of letting a previous legal decision stand

impeachment

the process of removing a president from office, with articles of impeachment issued by a majority vote in the House of Representatives, followed by a trial in the Senate, with a 2/3 vote necessary to convict and remove

25th amendment

the vice president takes over if the president is removed from office either by resignation or death