AP Gov Ch 11-15
amicus curiae brief
"friend of the court" brief filed by an interest group to influence a court's decision
stare decisis
"let the decision stand", most cases reaching appellate courts are settled on this principle
25th Amendment
(1) Succession of VP if president dies or become incapable to do his job (2) if there is no VP, president must appoint one, and congress must approve
Roe v. Wade
(1973) legalized abortion on the basis of a woman's right to privacy
GS (General Schedule) rating
A schedule for federal employees, ranging from 1 to 18, by which salaries can be keyed to rating and experience
opinion
A statement of legal reasoning behind a judicial decision
Congressional Budget Office
Advises Congress on the probable consequences of its decisions, forecasts revenues, and is a counterweight to the president's Office of Management and Budget
435, 2
HoR has _____ members who serve _____ year terms
football
a briefcase with the codes needed to unleash nuclear war
partisan
a legislator who votes according to their party
bill
a proposed law
reprieve
postponement of the execution of a sentence
Supreme Court
the highest federal court in the United States
narrow view
view that actions taken by the president need to be specifically granted by the Constitution
broad view
view that the president has a right and duty to do anything the nation needs unless it is forbidden by the Constitution
presidential coattails
when voters vote for members of the President's party because they like the President
HoR requirements
25 years old, citizen for 7 years, live in district they represent
district, appeals, supreme
3 levels of the federal court system (lowest -> highest)
individual income tax, corporate income tax, social insurance tax
3 main sources of federal revenue
Senate requirements
30 years old, citizen for 9 years, and resident of state
President requirements
35 years old, natural born citizen, 14 years resident
cabinet departments, independent agencies, government corporations, and independent executive agencies
4 types of bureaucracies
Social Security Act
A 1935 law intended to provide a minimal level of sustenance to older Americans and thus save them from poverty
Government Accountability Office (GAO)
A federal legislative agency that audits (investigates) other agencies of the federal government and reports it's findings to Congress, its purpose is to make sure they are not spending more money than the government has appropriated for them
government corporation
A government agency that operates like a business corporation, provides a service that could be done by the private sector and typically charges for its services
independent regulatory commission
A government agency with responsibility for making and enforcing rules to protect the public interest in some sector of the economy and for judging disputes over these rules
crisis
A sudden, unpredictable, and potentially dangerous event requiring the president to step in
national security policy
American defense and foreign policy
Senior Executive Service
An elite group of about 9,000 federal government managers at the top of the civil service system
legislative oversight
Congress' monitoring of the executive branch bureaucracy and its administration of policy
Clinton v. City of New York
Court found the line-item veto to be unconstitutional as a violation of the Presentment Clause of the Constitution which describes what the president can do when a bill comes forth from congress
Federalist 70
Federalist paper by Alexander Hamilton supporting the idea of the presidency as a branch united in one individual (unitary theory of the presidency) so that the presidency can execute the law quickly and without hesitation while remaining constrained by their sole responsibility for action to the people through elections; the president's energy is essential to good governance, as a multiplicity of executives is inherently weak
omnibus legislation
Large bills that often cover several topics, forces members to support the entire bill in order to pass individual parts
"nine old men"
Name given to the Supreme Court justices during FDR's presidency who repeatedly struck down New Deal programs
increases
Presidential power ___________ during national crisis
100, 6
Senate has _____ members who serve _____ year terms
justice
Supreme Court judge
United States v. Nixon
The 1974 case in which the Supreme Court unanimously held that the doctrine of executive priveledge was implicit in the Constitution but could not be extended to protect documents relevant to criminal prosecutions
House Ways and Means Committee
The HoR committee that, along with the Senate Finance Committee, writes the tax codes, subject to the approval of Congress as a whole
Senate Finance Committee
The Senate committee that, along with the House Ways and Means Committee, writes the tax codes, subject to the approval of Congress as a whole
Watergate
The events and scandal surrounding a break-in at the Democratic National Committee headquarters in 1972 and the subsequent cover-up of White House involvement, leading to the eventual resignation of President Nixon under the threat of impeachment
State of the Union Address
The president's annual statement to Congress and the nation laying out their legislative agenda
iron triangle
The three-way alliance among legislators, bureaucrats, and interest groups to make or preserve policies that benefit their respective interests
false (actually has led to less fact checking and more reliance on opinion and speculation)
True / False: 24 hour news access has increased the credibility of news sources
true
True / False: Congress can end combat at any time and the president cannot veto
true
True / False: Congress members can break away from their party on a vote
false (usually on 2/3 of the time)
True / False: a president can always count on the support of their party
false (a 2/3 vote in both houses of Congress can override a veto)
True / False: a presidential veto can never be overturned
false (most cases don't go to trial but are instead settled or plea bargained, most cases are resolved at the state level)
True / False: all cases go to trial and then the federal level
true
True / False: lobbying against a change is usually more effective than lobbying for a change
false (anyone can draft a bill but members of Congress must be the ones to introduce and formally submit it)
True / False: only members of Congress can draft bills
true (BIG IDEA)
True / False: people like government programs but don't really want to pay for them
false (the Constitution has NO official requirements)
True / False: the Constitution has a long list of requirements to become a judge and justice
true
True / False: the Supreme Court has experienced ideological shifts over time due to changes in who is on the court
false (original AND appellate jurisdiction)
True / False: the Supreme Court only has appellate jurisdiction
true
True / False: the bigger the government the bigger the budget
false (budget is too big to review from scratch each year)
True / False: the entire government budget gets reviewed every fiscal year
false (the gov does NOT have a capital budget)
True / False: the government has a capital budget for major programs
true
True / False: the government has grown bigger due to the rise of both a National Security State and a Social Service State
true
True / False: the judicial branch does NOT have the power to implement or enforce their decisions
false (party-in-power usually loses seats)
True / False: the majority party usually wins mid-term elections and gains seats in Congress
true
True / False: the most important and often burdensome role of the president is handling national security
true
True / False: the roles and responsibilities of the president have increased over time
true
True / False: the size of the bureaucracy has increased in the 20th century but has since shrunk in relation to the size of the population
true
True / False: there are usually two sides to a court decision - the majority and the minority
senatorial courtesy
Unwritten tradition where nominations for state level federal judicial posts are not confirmed if they are opposed by a senator of the president's party from the state in which the nominee will serve, also applies to courts of appeal
President, Senate
_____________ appoints members of federal courts and _____________ needs to approve them
filibuster
a Senate strategy where opponents of a piece of legislation try to talk it to death
capital budget
a budget for spending on major longer term investments
bonds
a certificate issued by a government or private company which promises to pay back with interest the money borrowed from the buyer of the certificate
living Constitution
a concept that claims that the Constitution is dynamic and that modern society should be considered when interpreting key constitutional text
incrementalism
a description of the budget process in which the best predictor of this year's budget is last year's budget, plus a little bit more
political questions
a doctrine developed by the federal courts and used as a means to avoid deciding some cases, principally those involving conflicts between the president and Congress
War Powers Resolution (1973)
a federal law intended to check the president's power to commit the United States to an armed conflict without the consent of the U.S. Congress
Hatch Act
a federal law prohibiting government employees from active participation in partisan politics
cabinet
a group of advisers to the president, not mentioned in the Constitution but every president has had one
bureaucracy
a hierarchical system of managing government through departments run by appointed officials
Judiciary Act of 1789
a law passed by the first Congress to establish the federal court system
Rules Committee (House)
a legislative committee responsible for expediting the passage of bills, schedules when bill will be voted on and how long it is debated
trustee
a legislator who acts according to her or his conscience and the broad interests of the entire society
instructed delegate
a legislator who votes according to the views of constituents regardless of personal beliefs
debt ceiling
a limit on the total amount of money the federal government can legally borrow
Burger Court
a more conservative Supreme Court under Warren Burger
amnesty
a pardon to a group of people
standing committee
a permanent committee established in a legislature, usually focusing on a policy area
plaintiff
a person who brings a case against another in a court of law
constituent
a person whom a member of Congress has been elected to represent
budget
a policy document allocating burdens (taxes) and benefits (expenditures), plan for making and spending money
solicitor general
a presidential appointee and the third-ranking office in the Department of Justice, they are in charge of the appellate court litigation of the federal government
"honeymoon" phase
a presidents first 100 days when Congress is more receptivity and the public and media show more support
cloture
a procedure for ending a debate in the Senate (filibuster) and taking a vote, requires 60 votes
Medicare
a program added to the Social Security system that provides hospitalization insurance for the elderly and permits older Americans to purchase inexpensive coverage for doctor fees and other health expenses
budget resolution
a resolution binding Congress to a total expenditure level, supposedly the bottom line of all federal spending for all programs
executive order
a rule issued by the president that has the force of law
dissenting opinion
a signed opinion in which one or more justices disagree with the majority view
omnibus budget bill
a single document regarding the budget that is accepted by a single vote by legislature but packages together several measures into one or combines diverse subjects
surplus
a situation in which revenue is greater than expenditures
civil service
a system of hiring and promotion based on the merit principle and the desire to create a nonpartisan government service
common law
a system of law based on precedent and customs
criminal law
a system of law concerned with the punishment of those who commit crimes
seniority system
a system that gives the member of the majority party with the longest uninterrupted service on a particular committee the leadership of that committee
progressive tax
a tax for which the percentage of income paid in taxes increases as income increases
income tax
a tax on people's earnings
flat tax
a tax system in which all people pay the same percentage of their income
select committee
a temporary or permanent committee created with a specific focus
judicial restraint
a theory of judicial interpretation that encourages judges to limit the exercise of their own power
judicial activism
a theory that judges should make bolder policy decisions to alleviate pressing needs
originalism
a view that the Constitution should be interpreted according to the original intentions or original meaning of the Framers (many conservatives support this view)
legislative veto
a vote in Congress to override a presidential decision
statutes
a written law passed by a legislative body
line-item veto
ability to veto parts of a bill, some state governors have it, but not the president, overruled in 1998 so no longer allowed
Budget Accounting Act
act that gave the president authority to prepare the annual budget and submit it to Congress for approval, created the OMB
casework
activities of members of Congress that help constituents as individuals; cutting through bureaucratic red tape to get people what they think they have a right to get
attorneys
aka lawyers
16th Amendment
allows the federal government to collect income tax
appropriation bill
an act of Congress that actually funds programs within limits established by authorization bills
authorization bill
an act of Congress that establishes, continues, or changes a discretionary government program or an entitlement, it specifies program goals and max expenditures for discretionary programs
National Security Council (NSC)
an agency in the Executive Office of the President that advises the president on national security and foreign affairs
Office of Management and Budget (OMB)
an agency in the Executive Office of the President that prepares the president's budget and advises the president on proposals from departments and agencies
Council of Economic Advisors (CEA)
an agency within the Executive Office of the President that advises the President of the United States on economic policy
deficit
an excess of federal expenditures over federal revenues
executive privilege
an implied presidential power that allows the president to refuse to disclose information regarding confidential conversations or national security to Congress or the judiciary
pocket veto
an indirect veto taking place when Congress adjourns within 10 days of submitting a bill to the president, who simply lets it die by neither signing nor vetoing it
defendant
an individual or group being sued or charged with a crime
caucus (congressional)
an informal group of members of Congress sharing some interest or characteristic, many are composed of members from both parties and from both houses
executive agreements
an international agreement, usually regarding routine administrative matters not warranting a formal treaty, made by the executive branch of the US government without ratification by the Senate
Speaker of the House
an office mandated by the Constitution, this position is chosen in practice by the majority party, has both formal and informal powers, and is second in line to succeed to the presidency should that office become vacant
concurring opinion
an opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning
Executive Office
an organization of several agencies staffed by the President's closest advisors, helps oversee the gov bureaucracy
rule of 4
at least four justices of the Supreme Court must vote to consider a case before it can be heard
franking privilege
benefit allowing members of Congress to mail letters and other materials postage-free
street-level bureaucrats
bureaucrats who are in constant contact with the public
veto
chief executive's constitutional power to reject a bill passed by a legislature
roles of the President
chief of state, chief executive, chief administrator, chief diplomat, commander in chief, chief legislator, party chief, chief citizen
reconciliation
congressional process where program authorizations are revised to achieve required savings, usually includes tax or other revenue adjustments
courts of appeals
courts empowered to review all final decisions of district courts and hear appeals to orders of many federal regulatory agencies
legislative courts
courts established by Congress for specialized purposes, such as the Court of Appeals for Veterans Claims
original jurisdiction
courts that hear a case first, usually in a trial, and determine the facts about a case
appellate jurisdiction
courts that hear cases brought to them on appeal from lower courts, do not review the facts only the legal issues involved
Federalist 78
discusses the power of judicial review, argues that federal courts have the duty to determine whether acts of Congress are constitutional and to follow the Constitution when there is inconsistency
Article II
establishes the Executive Branch
Article III
establishes the Judicial Branch
tax loophole
exception or oversight in the tax law allowing a taxpayer to avoid paying certain taxes
uncontrollable expenditures
expenditures that are determined by how many eligible beneficiaries there are for a program or by previous obligations of the government and that Congress therefore cannot easily control
constitutional courts
federal courts created by Congress under the authority of Article III of the Constitution
pork barrel
federal projects, grants, and contracts available to state and local governments, businesses, colleges, and other institutions in a congressional district
consumer population
general population who are affected by courts' decisions
subsidy
government payment to encourage or protect a certain economic activity
expenditures
government spending
patronage
granting favors or giving contracts or making appointments to office in return for political support
judicial implementation
how and whether court decisions are translated into actual policy, thereby affecting the behavior of others, the courts rely on other units of government to enforce their decisions
precedent
how similar cases have been decided in the past
executive branch
includes the president, the VP, cabinet, Executive Office, White House Staff, First Lady, and other departments that help run the government
justiciable disputes
issues capable of being settled as a matter of law
federal
judicial powers of the president only extend to ________ offenses
politico
lawmaker who attempts to balance the basic elements of the trustee, delegate, and partisan roles
class action lawsuit
lawsuits in which a small number of people sue on behalf of all people in similar circumstances
interpreting population
lawyers and judges who understand the intent of the original decision in a case
pardon (person must accept the pardon for it to be valid)
legal forgiveness of a crime
jury
legal group of people sworn to make a decision in a legal case
joint committee
legislative committee composed of members of both houses
implementing population
legislatures, executives, lower courts, state officials, local officials who carry out the decision of the Supreme Court
22nd Amendment
limits the president to two terms or 10 years
clemency
mercy or lenience
signing statements
occasional written comments attached to a bill signed by the president
writ of certiorari
order by the Supreme Court directing a lower court to send up the records of a case for review
plaintiff vs defendant
order of writing court case names
whips
party leaders who work with the majority leader or minority leader to count votes beforehand and lean on waverers whose votes are crucial to a bill favored by the party
Pendleton Civil Service Act
passed in 1883, an Act that created a federal civil service so that hiring and promotion would be based on merit rather than patronage
litigants
people engaged in a lawsuit
entitlements
policies for which Congress has obligated itself to pay X level of benefits to Y number of recipients, ex Social Security
Impeachment
political equivalent of an indictment in criminal law, prescribed by the Constitution; the House of Representatives may do this to the president by a majority vote for "Treason, Bribery, or other high Crimes and Misdemeanors"
standard operating procedures (SOPs)
procedures about how to perform a certain aspect of a task, provides efficiency and uniformity to bureaucracies
body watch
reporters focus on the most visible layer of the president's personal and official activities rather than policy info
descriptive representation
representing constituents by mirroring their personal, politically relevant characteristics
substantive representation
representing the interests of groups of which they themselves are not members
tax expenditures
revenue losses for the gov that result from special exemptions, exclusions, or deductions on federal tax law
tax reform
rewriting the taxes to change the rates and who pays them
conference committee
special joint committee created to reconcile differences in bills passed by the House and Senate
discretionary spending
spending about which Congress is free to make choices
mandatory spending
spending on certain programs that is mandated, or required, by existing law
command-and-control policy
system of regulation whereby government tells business how to reach certain goals, checks that these commands are followed, and punishes offenders, seen as proactive
incentive system
system with market-like strategies such as rewards used to manage public policy, an alternative to command-and-control, seen as reactive
Tax Reform Act of 1986
tax reform that simplify the income tax code, broaden the tax base and eliminate many tax shelters and other preferences
imperial presidency
term used to describe a president as an "emperor" who acts without consulting Congress or acts in secrecy to evade or deceive congress
district courts
the 91 federal courts of original jurisdiction, they are the only federal courts in which trials are held and in which juries may be impaneled
John Marshall Court
the Supreme Court during John Marshall's term as Chief Justice, played an important role in making the Court a significant national agenda setter
Warren Court
the Supreme Court during the period when Earl Warren was chief justice, noted for its activism in the areas of civil rights and free speech
1/5
the US federal budget consumes what fraction of the GDP?
appropriations
the amounts of money approved by Congress in statutes (bills) that each unit or agency of government can spend, Congress uses this to exercise oversight
administrative discretion
the authority of administration to select among various responses to a given problem
income security
the biggest part of federal spending in for __________ ___________ programs like Social Security
15
the cabinet has ____ departments
Congress
the central policymaking branch of the US government
Rehnquist Court
the court under the conservative justice who was on the Burger Court that became chief justice, conservative revolution that left power up to the states over Congress
Robert's Court
the current Supreme Court, more diverse and balanced
incumbent
the current officeholder
gerrymandering
the drawing of legislative district boundaries to benefit a party, group, or incumbent
credit claiming
the efforts by members of Congress to get their constituents to believe they are responsible for positive government actions
revenues
the financial resources of the government like income tax and Social Security tax
tax reduction
the general call to lower taxes
independent executive agency
the government agencies not accounted for by cabinet departments, independent regulatory agencies, and government corporations, its administrators are typically appointed by the president and serve at the president's pleasure
merit principle
the idea that hiring should be based on entrance exams plus talent and skill
statutory construction
the judicial interpretation of an act of Congress
Social Security
the largest social service program is __________ __________
majority leader
the legislative leader selected by the majority party who helps plan party strategy, schedule bills, confers with other party leaders, rounds up votes for their party's legislative position, and tries to keep members of the party in line
minority leader
the legislative leader selected by the minority party as spokesperson for the opposition
deregulation
the lifting of government restrictions on business, industry, and professional activities
issue networks
the loose and informal relationships that exist among IGs, congressional staff, the media, think tanks, and a large number of actors who work to shape broad policy areas
committee chairs
the most important influencers of the congressional agenda; they play dominant roles in scheduling hearings, hiring staff, appointing subcommittees, and managing committee bills when they are brought before the full house
Office of Personnel Management
the office in charge of hiring for most agencies of the federal government, using elaborate rules in the process
Chief of Staff
the person who oversees the operations of all White House staff and controls access to the president
judicial review
the power of the courts to declare laws unconstitutional
commutation
the power to reduce the length of a sentence or fine for a crime
undeclared war
the president does not need congressional permission to deploy troops and go to war; considered an implied power of the Commander in chief
Press Secretary
the president's spokesperson to the media
bully pulpit
the president's use of his prestige and visibility to guide or enthuse the American public
standing to sue
the requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from a party or an action of government
policy implementation
the stage of policymaking between the establishment of a policy and the consequences of the policy for the people whom it affects, it involves translating the goals and objectives of a policy into an operating, ongoing program
civil law
the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs
national debt
the total amount of money that a country's government has borrowed that is now deficit
devolution
the transfer of powers and responsibilities from the federal government to the states
regulation
the use of governmental authority to control or change some practice in the private sector
unorthodox lawmaking
the use of out-of-the-ordinary parliamentary tactics to pass legislation
politics of scarcity
the view that the unavailability of resources means there are not enough funds to meet all demands placed on the gov
Congressional Budget and Impoundment Control Act (1974)
this act was designed to reform the congressional budgetary process by establishing a fixed budget calendar, budget committees, and the CBO
Marbury v. Madison
this case establishes the Supreme Court's power of judicial review
logrolling effect
this means that two parties will pledge their mutual support, so both bills can attain a simple majority
bicameral legislature
two house legislature
continuing resolution
when Congress cannot reach agreement and pass appropriations bills, these allow agencies to spend at the level of the previous year