Gov Test 3

_ judges need to agree to hear a case for it to be heard but _ judges to make a decision

4, 5

One major difference between a federal judge and a state judge COULD BE that A: state judges are sometimes elected, while federal judges are appointed. B: state judges never listen to civil cases (disputes), while federal judges only listen to civil cases (disputes). C: state judges never hear appeal cases, while federal judges only hear appeal cases. D: state judges are usually much more conservative in their ideology, while federal judges are much more liberal in their ideology

A

Read the passage below and answer the following question. Chris Wallace:

A

Section One of Article III states that ________ will "ordain and establish" inferior Courts. A: Congress. B: President. C: Supreme Court. D: States

A

What is usually the end result of a CIVIL CASE that goes to court? A: The defendant pays compensation to the plaintiff. B: The defendant will face a prison sentence. C: The defendant will always be heard in an appeals court. D: The plaintiff pays a compensation to the defendant.

A

Which federal agency is responsible for enforcing federal law (domestically) throughout the country and 1/1 investigating/arresting criminals who break the law? A: Federal Bureau of Investigation (FBI). B: Central Intelligence Agency (CIA). C: Environmental Protection Agency (EPA). D: Defense Intelligence Agency (DIA).

A

Which person/people plays the LEAST SIGNIFICANT ROLE when the President is trying to determine who to nominate to a federal judgeship (regardless of level)? A: The Vice President. B: Attorney General/Justice Department. C: Senators of specific state. D: Political Party.

A

Section One of Article III states that "Judges, both of supreme and inferior Courts, shall hold their offices.....?" Check all answers that apply. A: During good behaviour. B: Not have compensation diminished during their continuance in office. C: Only after serving time in state or inferior courts. D: Having a legal background (lawyers only).

A & B

appellate court

A court having jurisdiction to review cases and issues that were originally tried in lower courts.

writ of certiorari

A formal writ used to bring a case before the Supreme Court.

judicial activism

A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground. Advocates of this approach emphasize that the courts can correct pressing needs, especially those unmet by the majoritarian political process.

Congress has the constitutional power to control the judicial branch by determining the size of the Supreme Court A nominating the chief justice of the Supreme Court B limiting the length of judicial terms C reducing the salary of judges while they are sitting D altering the original jurisdiction of the Supreme Court

A. Determining thr size of the Supreme Court

presidential commissions

Advisory organizations within the bureaucracy that are headed by commissioners appointed by the president. An example is the 9/11 Commission.

How are cabinet members chosen?

By the president and are confirmed by the Senate

How is chief of staff chosen?

By the president without the need for confirmation by congress NO Confirmation

So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty. If, then, the courts are to regard the constitution, and the constitution is superior to any ordinary act of the legislature, the constitution, and not such ordinary act, must govern the case to which they both apply.

C

Original Jurisdiction of the Supreme Court

Cases affecting foreign ambassadors/ministers/consuls, maritime jurisdiction, when the US is a party, cases between two or more states, between state and citizens of another state, citizens of different states, or foreign country In ALL other cases the Supreme Court has appellate jurisdiction

Hamdan v. Rumsfeld (2006)

Citizens can't be tried in military courts, not even terrorists

How does congress check the doings of government bureaucracy?

Committees and by approving certain jobs

Who approves budgets of executive departments?

Congress

Who funds bureaucratic agencies

Congress

What is are the checks fon executive orders?

Congress and judicial

What is the check on president's appointment of judges

Congress can deny nomination

Because the president is commander and chief he can send troops to an area without __________'s permission for __ days

Congress', 60

The Preisdent is responsible for nominating which judges? A: Supreme Court Justices. B: Circuit Justices to the US Court of Appeals. C: District Judges to the US District Courts. D: All of the above

D

Criminal law

Deal with law being broken

Civil law

Deals with contracts and torts (personal injury)

Public law

Deals with powers of gov. or rights of citizens

12th Amendment

Election of President and Vice President on the same ticket

Hamdi v. Rumsfeld

Even terrorists in the US still have due process rights; 5th amendment.

How can a president circumvent congress' check on treaties?

Executive agreements- when the president sits down with a leader of another country and signs an agreement to do something e.g. limit guns However, this only lasts for the president's term

What are the executive powers of the president?

Executive order (telling any agency under the exec. branch to do a certain task). Pocket veto

Who oversees government bureaucracy and how?

Executive orders govern bureaucracy And pres. appoints bureaucrats

Certiorari pool

First round of filtered out cases 4 judges must agree to hear a case for it to be heard

23rd Amendment

Gives Washington DC electoral college votes as if it were a state (DC still has no representation in Congress)

What are the problems of bureaucracy?

Lack of accountability (who is in charge?, too many people in charge) Inequity (immigration control) Fiscal integrity (who is paying?) Inefficient Disliked by the public Lack of resources and $$ IRON TRIANGLES

solicitor general

Lawyer that represents US. in Supreme Court, the Filiberto out cases for SCOTUS to hear

22nd Amendment

Limits the president to two terms.

Shortly after the 2008 election, President Obama appointed outspoken and controversial House member Rahm Emanuel to lead his White House as chief of staff. The selection drew criticism from Republican leaders, including House minority leader John Boehner, who remarked that the selection "is an ironic choice for a president-elect who has promised to change Washington, make politics more civil, and govern from the center." Which of the following explains how Congress could legitimately respond to the appointment? A The Senate could refuse to confirm the appointment. B The House of Representatives could filibuster the nomination. C The Rules Committee could refuse to release the bill that made the appointment. D Members of Congress could issue statements opposing the appointment but have no formal power to block it.

Members of Congress could issue statements opposing the appointment but have no formal power to block it. White House staff appointments do not require Senate confirmation.

What are the diplomatic powers of the president?

Negotiate treaties and appoint ambassadors

What is the executive office of the president?

Permanent agencies that perform specific management tasks for the president. They draft budget

20th Amendment

President's inauguration is Jan 20th

25th Amendment

Presidential Succession

senatorial courtesy

Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.

Which of the following statements describes the author's main argument in the passage? A Congress must reassert its responsibility to declare war in order to ensure a balance of power. B Presidential power in foreign policy has expanded since the beginning of the twentieth century. C The Korean War was a turning point in presidential power. D The acquisition of the Panama Canal gave the president undisputed power over foreign policy.

Presidential power in foreign policy has expanded since the beginning of the twentieth century.

Which of the following is a difference between the power of nineteenth-century presidents and that of the modern president according to the passage? Presidents in the nineteenth century had to contend with congressional committees, which had significant powers in foreign affairs. A Modern presidents have acquired the power of the purse, which allows them to spend freely on foreign affairs. B Modern presidents must win wars in order to keep members of Congress from criticizing their foreign policy. C Presidents in the nineteenth century were more likely to support intervention in foreign affairs.

Presidents in the nineteenth century had to contend with congressional committees, which had significant powers in foreign affairs.

A major reason why the majority of Supreme Court justices have had political experience prior to appointment to the Court is that justices are expected to act like politicians in their decision-making A Presidents seek to place individuals on the Court whose policy views are similar to their own B the Senate will refuse to confirm any nominee to the Court who is not familiar with the political process C appointment to the Supreme Court is a reward for political party loyalty D the Court is expected to defer to the political branches in making its decisions

Presidents seek to place individuals on the Court whose policy views are similar to their own

Incentives Pros and Cons:

Pro- boosts federal income, incentives to follow regulations (tax breaks) Con- loss of private business income from fines

Deregulation Pros and Cons:

Pro- can benefit business/economy Con- hurt consumer with rise in costs, negatively affects oversees trade, can negatively impact society

Termination Pros and Cons:

Pro- reduces spending Con- loss of jobs

Devolution (Give more power to states to decide) Pros and Cons:

Pro- tailored to specific area/region (diff. Issues in diff. Parts of the country). Con- some states have less money to give to Bureaucracy, corruption

Privization Pros and Cons:

Pro-more efficient, more authority, more jobs, competition rises, quality rises Cons- work in best interest of the company instead of the people

How is the president's power of pardons checked?

Public opinion

What are the characteristics of federal court system?

Separate from other branches Hierarchical Judicial review > state govt., state gov., legislation, executive orders Judges are appointed for life with a fixed salary

What is common law?

Sets a percent that must be applied

What are the 3 things courts can do?

Settle disputes Interpret the laws Establish precedents

In Worcester v. Georgia (1832), the United States Supreme Court ruled that a Georgia law violated the U.S. Constitution. In response to Chief Justice John Marshall's majority opinion, President Andrew Jackson said, "John Marshall has made his decision, now let him enforce it." Which of the following ideas regarding government does President Jackson's statement exhibit? A Since the Supreme Court has no enforcement mechanism, the executive and legislative branches can restrict its decisions. B When the Supreme Court takes an activist approach to decision making, it can influence policy. C Constitutional amendments have granted the Supreme Court greater power to enforce its decisions. D Unpopular Supreme Court Justices can be removed by a two-thirds vote in Congress and a presidential signature.

Since the Supreme Court has no enforcement mechanism, the executive and legislative branches can restrict its decisions. In this example, the president threatened not to enforce a Supreme Court decision. Courts have very little tangible power and thus rely heavily on their influence to ensure their decisions are carried out.

Acronym for solutions to fixing bureaucracy

Termination Incentives Privatization Deregulation Devolution T.I.P.D.D.

Which of the following explains why the author believes presidential power has expanded? A Congress has passed legislation requesting that the president take on a stronger leadership role in foreign affairs. B The media has influenced public opinion to support the president's unrestrained control of foreign policy. C The United States has emerged as a global power, which has enhanced the power of the president in foreign affairs. D The chief executive's role as defender of freedom and democracy has promoted support for a more active presidency.

The United States has emerged as a global power, which has enhanced the power of the president in foreign affairs.

Troops can only be sent to a state if who requests it

The state's governor

All of the following serve as checks on the power of the federal courts EXCEPT: Federal judges can be impeached. A The voters can oust federal judges in national elections. B Congress can pass a law clarifying "legislative intent." C Presidents, governors, and local executives can refrain from enforcing court rulings. D Congress and the state legislatures can amend the Constitution.

The voters can oust fhe federal judges in national elections

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review

How are Supreme Court justices DIFFERENT than the president and members of congress?

Unelected "Nonpartisan" Life time appointments unless impeached

Can supreme courts pass a case back down to lower courts?

Yes

amicus curiae

a brief submitted by a "friend of the court" Can be used by interest groups to sway decision

judicial restraint

a theory of judicial interpretation that encourages judges to limit the exercise of their own power

Trial courts

courts that listen to testimony, consider evidence, and decide the facts in a disputed situation

All of the following powers are granted to the President by the Constitution EXCEPT A commissioning officers in the armed forces B addressing the Congress on the state of the union C receiving ambassadors D granting pardons for federal offenses E forming new cabinet-level departments

forming new cabinet-level departments

Holding

the decision of the court to affirm or overturn lower court decisions

How does Congress override a presidential veto?

they vote again and pass the bill by a 2/3 majority of both houses

Briefs

written arguments on the case