POSI 2310 Test Two

1. Partisan divisions have become more ______ as a result of party polarization. a. Acute b. Blurred c. Amicable

A

1. The "federal court myth" is the inaccurate belief that ______. a. State courts play a role subordinate to federal courts. b. Federal judges are somehow more qualified than state judges. c. Federal court jurisdiction encompasses only federal issues. d. Federal courts hear only civil law cases.

A

1. The U.S. district courts ________. a. Are the lowest federal courts. b. Exist in only half the states. c. Usually use a panel of judges to preside in each case. d. Have the final opinion on the Constitution.

A

1. The structure of the state court systems is defined by ______. a. State law. b. Common law. c. Federal law. d. Military law.

A

1. To whom or what does the president typically delegate the task of identifying nominees to lower-court decisions. a. The deputy attorney general. b. The chair of the Judiciary Committee. c. A special committee. d. The Vice President.

A

1. What is distributive policy? a. One that confers a benefit on a particular group while spreading the cost across the taxpaying public. b. One that has committee oversight of benefit distribution. c. One that has no oversight of benefit distribution. d. One that benefits one representative's constituency but that is funded by other members; constituencies.

A

1. Whether or not Congress takes the lead in the making of laws usually depends on a. The type of policy at issues. b. How involved the president is in the legislative process. c. If the Speaker of the House feels strong or weak in his or her position.

A

1. Which function is the main responsibility of Congress, to which all other function of Congress are related? a. Lawmaking b. Agenda setting c. Oversight d. Supporting the president

A

1. Why have modern presidents increasingly relied on the mass media? a. To convey their message to the public in a favorable manner. b. To allow other to shape the tone of their administrations. c. To become more informed of any potential scandals and controversies the president might be involved in. d. To prevent the media from publishing stories unfavorable to the president.

A

Party Caucus

A closed session for planning strategy, developing issues, and resolving political differences.

Plurality Opinion

A majority agree on the decision, but they disagree on the legal basis.

Majority Opinion

A majority agrees on the legal basis.

1. Administrative law is a type of law that ________. a. Is set by government agencies. b. Brings cases to the Supreme Court and no other courts. c. Deals with issues like murder and rape. d. Is set by legislatures.

A

1. Because most states use the unit rule to grant their electoral votes, candidates running for president are most concerned with a. The most populous states. b. States with early primaries. c. States with late primaries. d. The least populous states.

A

1. How has the importance of local issues changed in Congress as party polarization has taken hold? a. Local issues are less important. b. Local issues have been largely immune from the partisan divisions that party polarization has intensified. c. Local issues are more important.

A

1. In his book, Electing Justices, Richard Davis likens Supreme Court appointments in the era of party polarization to _________. a. Political campaigns. b. Covert operations. c. Shotgun weddings. d. Reality television contests.

A

Service Strategy

A plan to take care of constituents.

Bill

A proposed legislative act.

Concurring Opinion

A separate view by a justice who agrees with the majority but disagrees with at least some of the reasoning.

1. Presidents can influence the courts by ________ (More than one). a. Influencing the cases that come before courts. b. Choosing to enforce court decisions. c. Ruling whether laws are constitutional. d. Confirming Supreme Court justices in the confirmation process.

A, B

1. Which of the following are true of joint committees? (More than one). a. They are composed of members of both houses. b. They perform advisory functions. c. They are exclusively used to work out difference in the House and Senate versions of a bill. d. They often have subcommittees.

A, B

1. In making their decisions, what are three main sources of law that judges consider in the United States? (More than one). a. U.S. statutory law. b. Legal precedent. c. The Constitution. d. Common customs. e. School codes of conduct.

A, B, C

1. The Executive Office of the President includes which of the following components? (More than one). a. Office of Management and Budget. b. National Economic Council. c. Department of Justice. d. The presidential cabinet. e. White House Office. f. National Security Council.

A, B, C, F

1. Which of the following correctly describes the role of the cabinet in the modern presidency? (More than one). a. It is made up of the heads of the executive departments. b. Members are selected by the president, subject to Senate confirmation. c. Cabinet members are the president's main advisory group. d. Members are important figures in an administration.

A, B, D

1. Put in order the following steps that a bill must pass through in order to become a law. a. A member of the House of Representatives of the Senate formally proposes the bill. b. The bill is submitted to a committee for consideration. c. The president signs the bill. d. A majority of member in the House and Senate approve the bill.

A, B, D, C

1. Which of the following are most likely to persuade the Supreme Court justices to review a case? (More than one). a. If the U.S. government is a party in the case. b. If a city court has issued a writ of habeas corpus. c. If the legal issues raised is being handled inconsistently by the lower courts. d. If a state government has jurisdiction over the case.

A, C

1. When does a bill become law? (More than one). a. When the president signs it. b. When is passes both the House and Senate. c. When is passes either the House or the Senate. d. When Congress overrides a presidential veto.

A, D

1. Which of the following are considered criteria that the average American uses to evaluate presidential leadership? (More than one). a. Whether the president is a strong leader unafraid to exercise power and to communicate a vision for the nation. b. Whether the president can contain a political base strong enough to get elected to a third term. c. Whether the president holds frequent press conferences to communicate to the press and the public. d. Whether the president prioritizes many of the same issues that concern much of the public.

A, D

1. By tradition, if the president fails to consult with the senator from the state where a judicial appointment is made, the senator can request that confirmation be denied. Tis request is referred to as __________. a. Rite of passage. b. Senatorial courtesy. c. Right of first refusal. d. Congressional privilege.

B

1. The only type of federal court that features two sides presenting a case to a jury for a verdict is _______. a. A court of appeals. b. A district court. c. A special claims court. d. The Supreme Court.

B

1. True or False: The Supreme Court's decision gives the legal basis for the Court's ruling. a. True b. False

B

1. What term describes the situation in which Republican and Democratic lawmakers vote in the same way as their fellow partisans, regardless of constituency differences? a. Radicalization b. Nationalization. c. Lockstep d. Parroting

B

1. Which institution has the greatest effect on presidential success? a. State Governments. b. Congress. c. The Courts. d. The Bureaucracy.

B

1. Which type of federal court hears criminal cases? a. Claims Court. b. District Courts. c. Special Courts. d. Circuit Courts.

B

1. Which of the following are true statements about party conventions? (More than one). a. In the past, candidates and running mates were usually chosen before the convention began. b. In the past, party conventions were places that had heated debates to nominate candidates and determine party platforms. c. Today, candidates and running mates are likely to have been chosen before the convention begins. d. Today, party conventions are places that have dramatic battles to nominate candidates and determine party platforms.

B, C

1. The shift from a presidential nomination process dominated by party organizations to one based on state primaries and caucuses had ________. (More than one). a. Prevented the strongest candidate from becoming president. b. Reduced the power of party elites in selecting candidates. c. Created a shorter presidential campaign season. d. Given votes a larger voice in the selection of the president.

B, D

1. Which of the following statements correctly describe U.S. district courts? (More than one). a. They are courts that hears cases on appeal from other courts. b. They are the chief trial courts of the federal court system. c. They are usually presided over by three judges. d. They are the only federal courts where cases are decided by a jury.

B, D

1. True or False: The Senate Majority leader's position is more powerful that of the house. A. True B. False

B.

1. Amicus curiae briefs have what impact on the American legal system? a. They expose the system to political corruption and bribery. b. They allow people to receive free legal representation. c. They help the court to understand how interested parties feel about the case in question. d. They illustrate the opinions of Court justices who disagree with majority rulings.

C

1. As political scientist James Sundquist noted, "Congress [is] organized to deal with _______ problems but not with _______ ones." a. Broad; Narrow b. Partisan; Nonpartisan c. Narrow; Broad d. Nonpartisan; Partisan

C

1. Presidents typically nominate people to lower-court judgeships ________. a. Based on the advice of the governors of the potential judges' states. b. Who have different political party affiliations than their own. c. Who share the same political party as they do. d. Without the help of the attorney general's office.

C

1. The Supreme Court tends to hear cases ____________. a. That involve ordinary matters. b. Of original jurisdiction. c. Of substantial legal significance. d. That can result in the death penalty.

C

1. The White House Office consists of the Office of the Counsel to the President, the Communications Office, and the Office of the _________. a. Supreme Court. b. Speaker of the House. c. Press Secretary. d. Vice President.

C

1. The office within the Executive Office of the President that works most closely with the president in developing policy and communicating the president's agenda is known as the _________. a. National Security Council. b. Office of Management and Budget. c. White House Office. d. National Economic Council.

C

1. What is the purpose of the writ of certiorari? a. It is the official decision by the Supreme Court to review a lower court decision. b. It is an official document summoning a person to appear in court. c. It is an order from a higher court for a lower court to submit a record of a case to the higher court. d. It is a lower court's objection to the decision of a high court.

C

1. What is the title of the person who heads an executive department? a. White House chief of staff. b. Speaker of the House. c. Secretary. d. President.

C

1. When four Supreme Court justices agree to request a record of the case from a lower court, the court issues a ________. a. Declaratory judgement. b. Peremptory challenge. c. Writ of certiorari. d. Writ of habeas corpus.

C

1. Which of the following describes the power of Congress relative to the other branches of the government? a. Congress is generally unchecked by the other branches of the government b. Congress has the sole power to enact or veto a law. c. No executive agency or lower court can exist without congressional authorization. d. Rulings by the Supreme Court may be overruled by a three-fourths majority vote in both chambers of Congress.

C

1. Which of the following is the part of the Executive Office of the President that consists of the president's closest direct personal advisers? a. The Office of Management and Budget. b. The Council of Economic Advisers. c. The White House Office. d. The Department of Justice.

C

1. Which of the following statements concerning the Constitution and the judiciary is true? a. The Constitution has not been used as a basis for determining law since the case of Marbury V. Madison. b. The Constitution clearly spells out the approach that judges should take in cases where the law is not completely clears. c. The Constitution is silent concerning the approach that judges should take in deciding cases where the law is not completely clear. d. The Constitution has helped to settle the debate between supporters of originalism theory and the theory's critics.

C

1. Which president changed the nature of the presidency at the beginning of the 20th century, adopting what he called the stewardship theory of the presidency? a. Franklin Roosevelt b. Calvin Coolidge c. Theodore Roosevelt d. Woodrow Wilson

C

1. Identify the checks on judicial power enjoyed by Congress. (More than one) a. Using the veto to block the courts from hearing particular cases. b. Serving as substitute justices on courts. c. Rewriting legislation it has felt the judiciary has misinterpreted. d. Exercising the authority to confirm Supreme Court Justices.

C, D

1. Which of the following statements about congressional committees are true? (More than one). a. They are key to getting presidential initiatives through Congress. b. They are only necessary during presidential election years. c. They each specialize in a certain area of legislation. d. They make it possible for Congress to consider a high volume of bills.

C, D

Stewardship Theory

Calls for a strong presidency that is limited only by what the Constitution prohibits (Theodore Roosevelt).

Judicial Activism

Courts should not blindly uphold the decisions of elected officials when core principles are at issue.

1. A committee that is composed of members of both chambers of Congress is known as a __________ committee. a. Standing. b. Lead. c. Select. d. Joint.

D

1. Events leading up to the Iowa caucus create a very important time for potential presidential candidates. This period of time is known as the a. Unofficial canvas. b. Prime time. c. Official primary. d. Invisible primary.

D

1. Supreme Court Chief Justice John Marshall used the Court to strengthen the judiciary and made legal decision not explicitly discussed by the Constitution. These actions demonstrated Marshalls' use of Judicial ________. a. Restraint. b. Administration. c. Indifference. d. Activism.

D

1. The Supreme Court has _______. a. A varying amount of control in selecting its cases, depending on the involvement of the particular president in office. b. Almost no control over the cases it hears because the Constitution defines when it must accept a case. c. Control in selecting about half of its cases, whereas the other half are heard on mandatory appeal. d. Almost complete control in deciding the cases it will hear.

D

1. The doctrine of judicial restraint implies that it is the duty of judges to _________. a. Make the law. b. Eliminate the law. c. Determine the law. d. Apply the law.

D

1. The framers of the Constitution granted Congress the power to ________, the greatest of all powers of government. a. Elect the president. b. Oversee the government. c. Represent states. d. Make laws.

D

1. The president shapes and administers the nation's foreign policy while acting in the role of _________. a. Party leader. b. Judicial director. c. Commander in Chief. d. Chief diplomat.

D

1. Which of the following is a major reason why incumbents are reelected? a. Incumbents typically receive presidential endorsements, which voters respect. b. Once elected, most incumbents make sure that their districts go through reapportionment to ensure homogeneity. c. Incumbents generally do a better job enacting laws that are beneficial for the nation as a whole. d. Many congressional districts and some states are lopsidedly Democratic or Republican.

D

Gerrymandering

Drawing districts that favor candidates of the party in control of the process.

Opinion

Explains the legal basis for the decision.

Conference Committee

Formed to reconcile differences and create a compromise bill for a final floor vote.

Reapportionment

House seats are reallocated based on census results, is required by the Constitution.

1. Every bill must be approved by both the House and the Senate in _______ form before it can be sent to the president.

Identical

Decision

Indicates which party won the case.

Judicial Restraint

Judges should abide strictly by precedent and legislation.

Open Party Caucuses

Meetings, open to any registered party voter, used to nominate a presidential candidate.

Party Unity

Members of a party band together on legislation and stand against the opposite party.

Unit Rule

Most states cast all votes for one candidate.

Dissenting Opinion

One or more justices on the losing side explain the reason they disagree with the majority position.

1. Ensuring that laws are being administered by the executive brand in the way intended by Congress is an important function of Congress and is known as ________________.

Oversight Function

Standing Committees

Permanent committees with responsibilities for specific areas of public policy.

Whig Theory

Presidency is a limited office charge with carrying out the will of Congress.

Open Seat Election

Race without an incumbent, they often bring out strong and well-funded candidates.

Redistricting

Redrawing of House election districts, typically done by the party that controls the state legislature.

1. The trend toward party unity in Congress can clearly be seen in voting records of members of Congress when their votes are officially recorded during a _____________.

Roll-Call Vote

Oversight Function

Seeing that the executive branch carries out the laws faithfully.

Pork Barrel Spending

The appropriation of government spending for projects that are intended primarily to benefit particular constituents, such as those in marginal seats or campaign contributors.

Original Jurisdiction

The authority to be the first to hear the case.

Appellate Jurisdiction

The authority to review cases that have already been heard.

Committee Jurisdiction

The policy area in which the committee is authorized to act.

Veto

The power of a president to override a bill passed through congress, can be overruled by a 2/3 vote.

Judicial Review

The power to declare a law to be unconstitutional.

Invisible Primary

The year leading to the first caucus.

Midterm Elections

Those that occur midway through the president's four-year term in office.

Honeymoon Period

Typically the first few months of the presidency in which Congress, the press, and the people are more predisposed to support the President's initiatives.

Hastert Rule

When republicans are in the majority, the Speakers brings a bill to the floor only when supported by a majority of House Republicans.

Senatorial Courtesy

· A tradition holding that a senator from the state with the vacancy should be consulted and can request confirmation be denied.