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Government Exam 2
Terms in this set (97)
normally closed political party business meeting of citizens or law makes to select candidates, elect officers, plan strategy, or make decisions regarding legislative matters
specific powers granted by the constitution to congress and the president
constitutional powers that are assigned to one governmental agency but that are exercised by another agency with the express permission of the first
powers claimed by a president that are not expressed in the constitution but are inferred from it
commander in chief
role of president as commander of national military and state national guard units
war powers resolution
resolution of congress that the president can send troops into action abroad only by authorization of congress or if american troops are already under attack or serious threat
made between president and another country that has the force of a treaty but does not require senate approval
claim that confidential communications between a president and close advisers should not be revealed without consent of president
president's constitutional power to turn down acts of congress; may be overridden by 2/3 vote of each house
when president doesn't act on a given piece of legislation passed during the final 10 days of a legislative session
president's inherent power to bring a legislative agenda before congress
rule or regulation issued by the president that has the effect and formal status of legislation
top government lawyer in all cases before supreme court where government is a party; 3rd ranking official in justice department
brief, unsigned decision by an appellate court, usually rejecting a petition to review the decision of a lower court
"friend of the court"; individuals or groups who are not parties to a lawsuit but who seek to assist supreme court in reaching a decision by presenting additional briefs
written documents in which attorneys explain, using case precedents, why the court should find in favor of their client
strictly private meeting that no outsiders are permitted to attend
written explanation of the supreme court's decision in a particular case
decision written by a justice in the minority in a particular case in which the justice wishes to express his or her reasoning in the case
judicial philosophy whose adherents refuse to go beyond the clear words of the constitution in interpreting the documents meeting
judicial philosophy that suggests that the court should go beyond the words of the constitution or a statue to consider the broader societal implications of its decisions
1.) courts cannot exercise power on their own initiative
2.) courts are limited in the character of relief they can provide
3.) courts lacked enforcement powers of their own and were compelled to rely on executive or state agencies to ensure compliance with their edicts
4.) federal judges are appointed by president
5.) congress has power to change both size and jurisdiction of supreme court and other federal courts
What are the five traditional limits on the federal courts?
complex structures of offices, tasks, rules, and principles of organization that are employed by all large-scale institutions to coordinate the work of their personnel
efforts of departments and agencies to translate laws into specific bureaucratic rules and actions
product of civil serves reform, in which appointees to positions in public bureaucracies must objectively be deemed qualified for those positions
agency that is not part of a cabinet department; have broad powers to provide public services that are too expensive or too important to be left to private initiatives
government agency that performs a service normally provided by the private sector; delivering mail or transporting railroad passengers
independent regulatory commission
"mini-legislatures"; given broad discretion to make rules
department of bureau, or independent agency whose primary mission is to impose limits, restrictions, or other obligations on the conduct of individuals or companies in private sector
government's use of taxing, monetary, and spending powers to manipulate economy
federal reserve system
system of 12 federal reserve banks that facilitate exchanges of cask, checks, and credit; regulates member banks; uses monetary policies to fight inflation and deflation
an agency responsible for collecting taxes
congress simply wants to be reelected and are highly responsive to voters
What is David Mayhew's view on Congress?
535 capitol hill offices, committees, and parties
3 basic structural units of congress according to Mayhew?
weakening congress will not solve our problems; it is not always in the nation's interest to always do what the public wants
What are John Hibbing and Elizabet Theiss-Moore's view on Congress?
1.) ignoring the people's voice on process matters is not evil
2.) be careful what you wish for
What are two important cautions according to Hibbing and Theiss-Moore?
secretaries, or chief administers, of the major departments of the federal government; appointed by president with consent of senate
national security council
"inner cabinet"; a presidential foreign policy advisory council composed of the president, vice president, secretary of state, secretary of defense, and other officials invited by president
executive office of the president
permanent agencies that perform defined management tasks for the president; office of management and budget, council of economic advisers, and national security council
1.) to succeed the president in cases of death, resignation, or incapacity
2.) to preside over the senate, casting a tie-breaking vote when necessary
Why does the vice president exist?
annoucements made by president when signing bills into law, often presenting the president's interpretation of the law
1.) through the party; create or strengthen partisan institutions that can influence legislative process and help implement programs
2.) through popular mobilization; create a mass base of support to allow them to dominate their political foes aka "going public"
3.) through the administration; create new administrative institutions and procedures that will reduce their dependence on congress and given them more independent governing and policy-making capability
What 3 ways can presidents strengthen their power?
transfer of all or part of a program from the public sector to the private sector; central aim is to reduce cost of government
reinventing bureaucratic procedures, termination, devolution, privatization
What are the 4 key strategies to promote reform?
effort my congress, through hearings, investigations, and other techniques, to exercise control over the activities of executive agencies
interpret and implement laws, make rules, and provide expert advice
What do bureaucrats do?
deparments, independent agencies and regulatory commissions, and government corporations
What are the 3 units that bureaucracy consists of?
sociological; representative shares the characteristics of his or her constituents
agency; representative represents constituents' interests and policy concerns
member represents the interests of the constituents, but makes best decision possible; we trust that member will do the best for us
member does exactly what the constituents want regardless of their own interests
combination of trustee and delegate just depends on the timing; if it's around election time they are going to be paying attention to the constituents
House: 435 members, 2 year terms, members tend to specialize in one committee, 25 years old, U.S. citizen for 7 years
Senate: 100 senators, 6 year terms, senators tend to be generalists, 30 years old, U.S. citizen for 9 years
5 differences between House and Senate?
1.) standing - permanent, draft legislation
2.) select - temporary, don't have same legislation as standing
3.) joint - members of both house and senate; limited authority
4.) conference - both house and senate; compromised versions of a piece of legislation
What are the 4 types of committees and briefly describe each
the idea of if you do this for me, i will support you
idea that having committees in congress made up of experts on specific policy areas helps to ensure well-informed policy decisions
1. introduction by a member of congress
2. committee action
3. floor action; introduced to an entire chamber
4. conference committee; make compromise of both languages of the bill
5. president; sign, veto, or pocket veto
What are the 6 steps of how a bill becomes a law?
process of assigning 435 seats in the house to the states based on increases and decreases in state populations
drawing geographical boundaries of representatives' districts
advertising, credit claiming, and position taking
What are the three parts of Mayhew's argument?
drawing electoral district lines to gain an advantage in legislative representation
if someone is convicted of crime the president can end the punishment
used when time is of the essence and it needs to happen now
appointments while congress is in session
ways in which presidents have expanded their powers
presidents use of speeches and other public communications to appeal directly to citizens about issues the president would like the house and senate to act on
key to presidential power is the power to persuade others that they should comply with the president's wishes because doing so is in their own interests; political reputation and public prestige
Neustadt's view on the power to persuade?
branch of law that regulates the conduct of individuals, defines crimes, and specifies punishment for criminal acts
individual or organization that brings a complaint in court; always the government in criminal cases
one against whom a complaint is brought in a criminal or civil case
branch of law that deals with disputes that do not involve criminal penalties
revolves disputes over the jurisdiction, procedures, or authority of administrative agencies
prior case whose principles are used by judges as the basis for their decision in a present case; guide court's decisions in new cases
"let the decision stand"; doctrine that a previous decision by a court applies as a precedent in similar cases until that decision is overrules
first court to hear a criminal or civil case
court of appeals
court that hears appeals of trial courts decisions
highest court in a particular state or in the U.S.; primarily serves an appellate function
negotiated agreement in a criminal case in which a defendant agrees to plead guilty in return for state's agreement to reduce the severity of the criminal charge of prison sentence the defendant is facing
sphere of a court's power and authority
due process of law
right of every citizen against arbitrary action by national state governments
writ of habeas corpus
court order that the individual in custody be brought into occur and shown the cause for detention, habeas corpus is guaranteed by the constitution and can be suspended only in cases of rebellion or invasion
authority to initially consider a case
authority to hear appeals from a lower court's decision
justice on supreme court who presides over the court's public sessions; always first to speak and last to vote when justices deliberate
practice whereby the president, before formally nominating a person for a federal judgeship, seeks the indication that senators from the candidate's own state support the nomination
power of the courts to review and declare actions of the legislative and executive branches invalid or unconsitutional
states that laws passed by national government and all treaties are supreme law of the land and superior to all laws adopted by any state or any subdivision
law made through court precedent rather than legislative enactments
right of an individual or organization to initiate a court case, on the basis of their having a substantial stake in the outcome
criterion used by courts to screen cases that no longer require resolution
writ of cretiorari
decision of at least 4/9 supreme court justices to review a decision of a lower court; "to make more certain"
businesses goal is profit; government could never become business-like
James Wilson's view on government and businesses?
supreme court is a political institution because they pay attention to the political cycle and public opinion
What are David O'Brien's thoughts on supreme court?
not as powerful as other institutions when enforcing social change; supreme court is constrained; dynamic court and constraint court
What are Gerald Rosenberg's views on supreme court?
1. lack of established legal precedents
2. courts depend on political support to produce reform
3. unlikely to produce change if there is serious resistance (no implementation powers)
What are the 3 constraints on supreme court according to Rosenberg?
idea that members join committees that best serve the interests of their district and that committee members will support other's legislation
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