AP Gov Ch 11-15

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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


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