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337 terms

govt 2302 test 2

Which of the following is the best definition of a constituent?
It is a person who lives in the district represented by a member of the legislature.
As of 2010, how many women serve in the U.S. Senate?
The most common occupation among members of Congress before coming to Congress is
In 2006, ______ became the Speaker of the House.
Nancy Pelosi
Which of the following statements concerning the representation of women and minorities in the U.S. Congress is true?
Representation of women and minorities has increased over the past two decades, but is not comparable to their proportions in the general population.
In each House district there are approximately ______ people.
Which of the following is not a service often provided by representatives to their constituents?
Offering constituents legal advice regarding new administrative laws
Constituency service is so important that
party leaders will not ask any member to vote in a way that conflicts with the interests or opinions of the member's district.
Three factors related to the American electoral system affect who is elected to office in this country, and what they do once they get there. Those factors are
who decides to run for office, incumbency, and the drawing of district lines.
A senator or representative running for re-election is called the
recent years, approximately what percentage of House members seeking re-election won their race?
ninety-five percent
Congress is a ______ legislature with ______ members.
bicameral, 535
Which of the following best explains the small number of women in Congress?
Incumbency is a very powerful resource, and most incumbents have been men.
Over the past several decades, the ______ and the ______ have benefited most from apportionment?
South, West
he process of allocating congressional seats among the fifty states is called
Which of the following statements concerning the process of reapportionment is correct?
In order for one state to gain a seat, another must lose a seat
What unusual action did Texas take after the 2000 census?
Texas redistricted twice, in 2001 and 2003.
One reason why redistricting is controversial is because
computer technologies allow legislatures to know statistically what kinds of people live where and this can be used to give one party an advantage over the other.
What did the Supreme Court declare in Miller v. Johnson?
The racial composition of a district cannot be the primary factor when redistricting
The powers and resources available to government officials that are used to favor supporters are called
Pork-barrel legislation
deals with specific projects and their location within a particular congressional district.
What are the most common private bills proposed in Congress?
bills for permanent visas for foreign nationals
Congressional organization is influenced by all of the following except
presidential directives
Who is the Speaker of the House?
The elected leader of the majority party in the House is the speaker
In general, members of the House seek committee assignments that will
allow them to influence decisions that are of special importance to voters in their districts
In the House of Representatives, the majority leader
is subordinate to the Speaker of the House
Who has the most real power in the Senate?
the majority and minority leaders
Which of the following is not a task for which congressional party leaders are responsible?
the organization for the re-election strategies of the incumbents
The House Ways and Means Committee has jurisdiction over which of the following areas?
taxes, trade, and entitlement programs
Who decides which committee assignments members of House of Representatives receive?
each party's own committee on committees
The jurisdiction of standing committees
is defined by the subject matter of legislation, which often parallels the major cabinet departments or agencies
The need to divide the labor of legislation is best exemplified in what formal structure of Congress?
the establishment of standing committees
Under the original Constitution, senators
were appointed by state legislatures
Congressional leaders form ______ committees when they want to take up an issue that falls between the jurisdiction of existing committees, to highlight an issue, or to investigate a particular problem.
Conference committees are
temporary, involve members from both houses of Congress, and are charged with reaching a compromise on legislation once it has been passed by both the House and the Senate.
Organizational reforms instituted by Congress in the 1970s attempted to
fragment power by reducing the power of committee chairs
Which of the following is not a task of congressional staff members?
debating and voting in subcommittee meetings
The Congressional Research Service and the Government Accountability Office are examples of
staff agencies
Which of the following is the best definition of a congressional caucus?
unofficial groups of representatives or senators sharing similar interests or opinions
Agencies in Congress designed to oversee administrative agencies and evaluate presidential proposals are called
staff agencies
Approximately what percentage of proposed bills die in committee?
95 percent
he determination of the time and structure of floor debate on a bill, in the House of Representatives, is up to the
rules committee
How long is the term of office for a U.S. Senator?
six years
"Closed rule" and "open rule" refer to congressional provisions regarding
floor debate on a bill
Cloture is
the process by which three-fifths of the senate can end a filibuster
A filibuster allows members of the Senate to
prevent a vote on a bill by speaking continuously on the floor
When the House and the Senate coordinate two versions of the same bill, they will often use a ______ to obtain a single unified bill.
How can a president's veto be overridden by Congress?
by two-thirds vote in both houses
Congress adjourns during a ten-day period after presenting the president with a bill, and the president takes no action. This is known as a
pocket veto
Which of the following is not an important influence on the legislative agenda of Congress?
the federal courts
"Astroturf lobbying" refers to the practice whereby
a special interest group simulating a grass-roots movement works with well-organized campaigns and petitions
In addition to pressuring members of Congress to vote a certain way on a bill, interest groups also have substantial influence in
setting the legislative agenda
Which is the best description of the K Street Project?
It was an attempt to place former Republican staffers in key lobbying positions to help ensure a large flow of corporate donations to the Republican Party.
Which of the following best describes a way in which the House differs from the Senate?
the House is more centralized and organized than the Senate
Why does the House have greater party unity than the Senate?
House leaders have more organizational control over the actions of representatives than Senate leaders
A vote on which 50 percent or more of the members of one party take one position while at least 50 percent of the members of the other party take the opposing position is called
a party-unity vote
Which statement about a party unity vote is true?
In 2005, party unity voting was close to an all-time high
Which of the following best describes the organizational changes made in Congress during the 1990s?
Attempts were made to concentrate more power into the hands of party leaders
Which of the following is not a resource congressional party leaders have at their disposal to secure the unity and cooperation of their members?
constituency service
When two members of Congress who share no common interests agree to support each other's bills, the practice is called
Oversight can best be described as
the efforts of congress to supervise the manner in which its laws are implemented by the executive branch
The Senate's constitutional power of advice and consent extends to which of the following?
The president's power to make treaties with other nations
A(n) ______ has the same status as a treaty, but does not require Senate approval.
executive agreement
The role the House of Representatives plays in impeachments can best be compared with that of a
grand jury
The idea of ______ identifies the best representative as the one who shares a similar racial, ethnic, religious, or occupational background with those he or she represents.
sociological representation
The two presidents to be impeached by the House of Representatives were Bill Clinton and
Andrew Johnson
Members of Congress can represent the people in two ways: as a ______, a member of Congress acts on the express preferences of his or her constituency; as a ______, a member is more loosely tied to constituents and makes the decisions he or she thinks are best.
delegate; trustee
What are the greatest dangers with a trustee model of representation?
Members of Congress may become inattentive to the wishes and opinions of their constituents
One problem with the delegate model of representation is
That few people are well informed about all political issues
Responsibility for communication among party members in Congress lies with the
whip system
The frequency with which they must seek re-election makes members of the House
more responsive to the needs of local interest groups in the districts they represent
Which idea of representation says that a legislator should be viewed as someone whom voters hire to represent their interests?
agency representation
Which of the following is not included in the classification scheme of bills considered by the Texas legislature?
The 80h Legislature of Texas (2007) passed _________ bills and sent them on to the governor for his signature.
Every bill introduced in the Texas legislature is assigned to a ____________ committee.
The vast majority of bills are _____________, which means that they are set aside and never brought forward for consideration. (Texas)
Debate on the House floor is ____________
Debate on the Senate floor is ______________
Unrestricted, thereby allowing for filibuster
The purpose of the ________________ committee is to reach a compromise on different versions of the same legislation coming from the House and Senate.
The governor may take any of the following actions, except:
override a veto
If the governor fails to sign a bill within ten days of receiving it, _____________
the bill becomes a law
The comptroller must certify the state's projected _____________ before the House and Senate may approve the budget.
total revenues for two years
Which of the following is not a constitutional requirement for holding a seat in the Texas House of Representatives?
a natural-born U.S. citizen
The ____________________ and _______________ are considered to be two of the most powerful politicians in the state of Texas.
Speaker of the House; Lieutenant governor
Which of the following is not a constitutional requirement for holding a seat in the Texas Senate?
a natural-born U.S. citizen
There are _________members of the Texas Senate and ________ members of the Texas House.
31; 150
Texas legislators receive a salary of $__________ per year.
The regular legislative session in Texas is limited to ________ days in ______________ years.
140; odd-numbered
The ___________ may convene a special session if the legislature fails to complete important work during the regular session.
The special session is limited to a maximum of ________ days and may only deal with topics specified by the _____________
30, governor
Revenue bills must originate in the Texas _____________
The 80th Legislature considered almost __________ bills during the 2007 legislative session. (Texas)
The office of the presidency was established by ______ of the Constitution.
Article II
In undertaking the campaign against the Taliban in 2001, George W. Bush
sought and received congressional authorization for the bombing, but not a declaration of war
The power to declare war is given to whom under the Constitution?
Both houses of congress
The president must share foreign policy powers with
The ______ asserted that the president could send American troops into action abroad only in the event of a declaration of war or other statutory authorization by Congress, or if American troops were attacked or directly endangered.
War Powers resolution of 1973
The goal of the War Powers Resolution was to
limit the power of the president to commit American troops to military action without authorization from Congress
When North Korea invaded South Korea in 1950,
Truman sent American troops to Korea without asking for a declaration of war
When Dwight Eisenhower sent federal troops into Little Rock High School in 1957, it demonstrated that
The president may make unilateral use of the emergency powers to protect states against domestic disorder
Which of the following statements about how different presidents have used the power of amnesty or pardon is false?
George Washington declared amnesty to all Americans who fought for the British during the War for Independence
Why was George Washington's reception of Edmond Genet as ambassador of France during the French Revolution so significant?
It reflected the authority of the President to officially recognize specific regimes as the sovereign power of a nation when there is doubt as to who rules
Through the act of delegating powers, the national structure of government in the 1930s went from ______ to ______.
legislatively centered, president centered
Which of the following attributes did the framers intend for the office of the president to possess?
In order to get around the need for Senate approval of treaties, many contemporary presidents have made use of ______ in foreign affairs.
executive agreements
Executive agreements differ from formal treaties in that they
do not have to be approved by the Senate
Which statement concerning secret agreements between the president and foreign nations is incorrect?
Presidents have always fully complied with Congress's reporting requirements
The president has the power to appoint which of the following positions?
cabinet secretaries
Why is the president's State of the Union address important?
It is an opportunity for the President to set the legislative agenda by initiating proposals and directing the public's attention to the executive's goals
What is required for Congress to override a presidential veto?
two-thirds of both houses of congress
Richard Nixon claimed ______ when he refused to turn over secret White House tapes to congressional investigators.
executive priviledge
In United States v. Nixon, the Supreme Court
required Nixon to turn over the secret tapes to congress
The State of the Union address is
mandated by the Constitution
The president's power to set the debate concerning public policy in Congress is called
a legislative initiative
What did the framers mean to accomplish by indirect election of the president?
to make the president responsible to state and national legislatures
An executive order is
a rule or regulation initiated unilaterally by the president, with the status of a law
Which of the following has caused an increase in the president's delegated powers?
the increasing scope and complexity of legislation
Federal executive agencies do each of the following in implementing legislation except
seek advisory opinions from the federal courts as to the constitutionality of the rules
Which executive agency has the least discretion, as a result of very detailed Congressional legislation?
Internal Revenue Service
The president's delegated powers come from
The Environmental Protection Agency was created in 1970 by
an Executive Order
The ______ is the informal designation for the heads of the major federal government departments.
The groups of advisers and analysts to the president are collectively called the
White House Staff
An informal group of advisers to the president is often called the
Kitchen Cabinet
The formal group of presidential foreign policy advisers, established in 1947, is called the
National Security Council
The rise of national conventions to nominate the president led to the empowerment of what group?
State Party Leaders
The National Security Council is composed of all of the following except the
Speaker of the House
As a means of managing the gigantic executive branch, presidents have increasingly come to rely upon the
White House Staff
Which statement about the Cabinet is incorrect?
The cabinet does not meet as a group, except during the State of the Union address
The Office of Management and Budget and the Council of Economic Advisers are both parts of
The Executive Office of the President
What is the primary constitutional task of the vice president, besides succeeding the president in case of death, resignation, or incapacitation?
to cast tie-breaking votes in the Senate
The main political value of the vice president is to
bring the president votes in the election from a group or region that would not otherwise be a likely source of support
After the president and vice president, which office is next in the line of succession?
Speaker of the House
Which first lady was the first to seek and win public office on her own?
Hillary Clinton
The first lady is an important resource for the president in his capacity as
head of state
______ is the claim the electorate has given the winner of a presidential election a special authority to carry out her or his plans.
A mandate
In the early 1800s, the system of nominating presidential candidates that left the candidates beholden to their party's leaders in Congress was called
King Caucus
A significant initiative set forth by Lyndon Johnson was
The Great Society
According to the text, what are the three most common ways for a president to expand his base of power?
party support, popular mobilization, and administrative control
When are the president's partisan ties most important?
in dealing with Congress on legislative matters
The technique of popular mobilization dates back to the presidency of
Theodore Roosevelt
Why was it considered shocking when, after the Civil War, Andrew Johnson made a series of speeches seeking public support for his Reconstruction policies?
During the nineteenth century, it was seen as undignified for a president to campaign on his own behalf.
A president who claims to possess a mandate from the American electorate could arguably
that voters have approved the agenda he campaigned on, and that congress ought to approve it
Which of the following tactics did Franklin Roosevelt not use to forge a link between the executive office and the public?
Running extensive national television advertising campaigns
Which statement concerning the White House Communication Office is incorrect?
It allows the president to avoid giving information to the public
What is the general tendency of a president's popularity?
Presidents usually start out popular and decline over the next four years
The Executive Office of the President (EOP) was established
Under Franklin Roosevelt in 1939
The turning point in American politics toward a president-centered government came about during the administration of
Franklin Roosevelt
When the White House directs administrative agencies to promulgate specific rules and regulations, this is called
regulatory review
What happened when Harry Truman seized control of the nation's steel mills during the Korean War?
The Supreme Court declared his actions without basis in the law or constitution
Which of the following actions was not the result of an executive order?
The entrance in the United Nations
Which of the following statements about signing statements is false?
Ever since Thomas Jefferson's presidency, all presidential signing statements have been recorded and added to the official legislative record.
A signing statement is
an announcement the president makes about his interpretation of a congressional enactment he is signing into law
According to political scientist Terry Moe, why does Congress suffer from a collective-action problem in the face of presidential power?
Individual members of congress are more concerned with the substantive impact of presidential action on their constituents, rather than the general implications of presidential powers
The decline of voting and political participation by Americans has which of the following effects?
It enhances the power of the president while weakening congress
According to separation of powers expert Louis Fisher, the powers of Congress have declined dramatically in which of the following areas?
national defense and the federal budget
The last time Congress exercised its constitutional power to declare war was in
The Constitution's framers believed that Congress's greatest prerogative would be its
power of the purse
______ powers are the most common form of constitutional powers possessed by the president.
Which president began the era of greater presidential control over the budgeting process?
Franklin Roosevelt
Which of the following derives its greatest source of influence from the support of civil society?
When the president infers powers from the "rights, duties, and obligations" of the presidency, these are called
inherent powers
The president's position as head of state is defined in the Constitution by all of the following powers except
The _______________ was established in 1975 and regulates utility rates in Texas.
Public Utilities Commission
Which of the following is not a constitutional qualification to become governor of Texas?
trained in the law
Historically, in Texas, governors have tended to be all of the following, except:
The plural executive serves as a major limitation on gubernatorial power, in that it provides for _____________ of six of the top seven state officials.
statewide election
Since 1972, the governor has been elected to serve a __________ term.
The first Republican governor after Reconstruction was _______________
William Clements
The first female governor of Texas was _____________
Miriam Ferguson
The executive powers of the governor include all of the following, except:
veto power - that's legislative
The legislative powers of the governor include all of the following, except:
military power - that's executive
The governor of Texas may be impeached for which of the following offenses?
The Texas Constitution does not specify grounds for removal
The ________________ is responsible for managing state-owned land and mineral leases granted to oil and gas companies.
land commissioner
The ______________ is responsible for verifying the accuracy of motor fuel pumps and scales used by grocery stores and markets.
Commissioner of agriculture
Which of the following veto powers does the governor of Texas lack?
special session veto
Texas elects each of its state court justices. However, when a vacancy occurs due to death, resignation or retirement of the incumbent, or the creation of a new court, the ______________ is responsible for appointing an individual to fill the vacancy until the next election.
The Texas Constitution provides for the _______________ to become governor if the office becomes vacant through impeachment and conviction, death, resignation, or the governor's absence from the state.
lieutenant governor
The _________________ is appointed by the governor to serve a four-year term.
secretary of state
In 2002, the Republican and Democratic candidates for the governors office spent a combined total of approximately $____________ million.
All of the following contribute to the weakness of the governor's office in Texas, except:
absence of the line-item veto
In addition to use of an official mansion and limousine, the governor is paid _________ per year.
Gubernatorial elections are held in off-years (election years in which we do not select a president) because state leaders wanted to ______________________
minimize the effect of presidential elections on the governor's race
Which of the following is a way in which an executive agency engages in lawmaking?
by interpreting the details of a vaguely worded law
Bureaucracy, literally translated, means
rule by desks
Which of the following agencies was abolished following the creation of the Department of Homeland Security?
the Immigration and Naturalization service
Which of the following is not an independent regulatory agency?
the Food and Drug Administration
Which statement about regulatory agencies is correct?
No new regulatory programs have been established since the 1970's
How are ambassadors chosen?
They are selected by the President, often as patronage for large campaign donations
Which president was most concerned with managing and reorganizing the executive bureaucracy?
Jimmy Carter
Which president's approach to the managerial presidency featured a deep belief in the importance of scientific expertise in government service?
Barack Obama
The ______ is the center of military policy and management.
Joint Chiefs of Staff
Which of the following is the best description of an iron triangle?
the stable relationship between a bureaucratic agency, a clientele group, and a legislative committee
What is an independent agency?
an agency that is not part of any cabinet department
______ policy concerns banks, credit, and currency.
Individual members of Congress can discover questions of public responsibility when engaged in
constituent case work
allows the attorney general to detain any foreigner suspected of posing a threat to internal security
The response to the Department of Homeland Security's color-coded terror-level warning system reveals
that bureaucratic agencies, like politicians, must pay attention to public opinion.
Which of the following is not a clientele agency?
the internal revenue service
What has been the greatest difficulty in establishing the new Department of Homeland Security?
adjusting to the many different bureaucratic cultures now part of a single operation
What has been the greatest difficulty in establishing the new Department of Homeland Security?
Which of the following is the most constitutionally essential way to make the bureaucracy responsible?
congressional oversight
Which of the following is a type of deregulation?
reducing the number of regulatory agencies in the federal bureaucracy
Ronald Reagan's inability to dismantle the Department of Education reflects the power of
iron triangles
______ is the primary mission of the State Department.
What is the origin of most federal bureaus?
congress passes a law creating and funding most federal bureaus
Before the Civil Service Act of 1883, how were government appointments handled?
appointments were made to political supporters as part of a spoils system
Which of the following is not a key strategy used to promote bureaucratic reform?
Since the 1950s, compared with the entire workforce, the number of federal employees has
gradually declined
Which of the following is not a task of the Treasury Department?
setting interest rates
The Freedom of Information Act is designed to
make more national security documents available to the public
Which statement is the definition of privatization?
a way to reduce government costs by relocating government programs to private groups or corporations
What was the government trying to accomplish when it called for the 2009 National Defense Authorization Act to create an additional database that would record contractors who have legal or contract violations?
provide government oversight for an increasingly expanding force of independent contractors
Which of the following is not a way in which Congress can exercise oversight?
having members of congress work part-time for a particular agency that is struggling to meet the demands Congress has placed on it
When the federal government passes authority to administer a program down to state or local governments, it is called
The first regulatory agencies established by Congress were
independent agencies
One drawback of devolution is that
the standards associated with particular programs become increasingly variable between states
Which of the following is not a department responsible for promoting the public welfare?
Department of State
The most significant example of devolution in recent decades has been in the area of
welfare policy
According to the text, what would be the most likely outcome if the federal government were to cease all economic regulation?
the marketplace would fall into chaos
Which of the following was forced by the National Highway Traffic Safety Commission to recall several car models after identifying problems with their gas pedal accelerators?
The National Park Service is
part of the Department of the Interior
During the administrations of Ronald Reagan and George H. W. Bush, how many federal agencies or programs were terminated?
Which of the following is a government corporation?
the U.S. Postal Service
A bureau charged with putting restrictions and obligations on individuals or corporations in the private sector is called a ______ agency.
The use of taxing and spending powers to shape the economy is part of ______ policy.
The most visible indication of oversight is the
use of public hearings before congressional committees and subcommittees
What was the chief bureaucratic flaw identified by the 9/11 Commission?
There was a lack of communication between the domestic and foreign security agencies
What is a government corporation?
It is an agency that performs and charges for services usually provided by the private sector
Devolution describes a process by which
the federal government is downsized by delegating the implementation of programs to state and local governments
Which of the following statements about administrative rule making is false?
both houses of congress must formally approve all federal rules
The attempt of bureaucracies to translate laws into routine procedures and practices is called
What was the mission of the National Performance Review?
to reorganize the federal bureaucracy to make it more efficient, accountable, and less wasteful
The greatest number of federal government professionals working abroad are under the authority of the Department of
Which of the following is not a major role of bureaucracy?
passing laws
Which of the following is not a type of federal agency?
state and local oversight
Which of the following is not part of the Justice Department?
the Internal Revenue Service
Which of the following was a way in which President Obama attempted to uphold his campaign promise to reduce government secrecy?
Issuing an executive order designed to promote rapid declassification of secret documents
The concept of oversight refers to the effort made by
congress to make executive agencies accountable for their actions
Congress was attempting to strike a balance between the need for secrecy in national security and the right of individuals to know what their government is doing when it passed the ______ Act.
Freedom of Information
Which of the following is not a federal department entrusted with providing national security?
Which of the following statements about the merit system is not true?
Every member and official of a government agency has been appointed as a part of the merit system
Which of the following interest groups is generally considered the most powerful group today?
Which of the following is not an independent agency?
Federal Bureau of Investigation (FBI)
The largest subunits of the federal executive branch are called
At its peak in ______, the federal bureaucracy had ______ employees, not including military personnel.
1968, 3 million
The first regulatory agency was the ______, created by Congress in ______.
Interstate Commerce Commission, 1888
Which of the following is an agency created by Congress to assist it in overseeing the federal bureaucracy?
General Accounting Office
The head of a department is called the
By the 1980s, the average length of time it took to develop and implement an administrative rule was
thirty-five to forty months
Who stated, in his 1996 State of the Union address, that "the era of big government is over"?
Bill Clinton
What is the principal job of the Department of Homeland Security?
to coordinate the communication and activities of federal agencies that are involved in domestic security
The controversy over the Patriot Act reveals the complications of balancing
national security with the civil liberties of individuals
Who has authority to set interest rates and lending activities for the nation's banks?
the Federal Reserve System
Which of the following statements about the Federal Reserve System (the Fed) is correct?
Congress created the fed in 1913
The Civil Service Act of 1883 attempted to pattern government hiring after practices found in
When a bureaucracy applies rules and precedents to specific cases, it is called
administrative adjudication
Which of the following is a good example of a revenue agency?
the U.S. Customs service
Activist judges believe that the courts should
go beyond the words of a constitution or statute to consider the broader societal implications of its decisions.
When interest groups involved in litigation pursue a pattern of cases, they are
bringing the same type of suit into multiple circuits, hoping that a contradiction in rulings will bring about a Supreme Court review.
President Obama's first appointment to the U.S. Supreme Court was
Which of the following was not a case involving the Supreme Court overturning a state law?
marbury v madison
he written opinions of appellate courts have been described as halfway between ______ and ______.
common law and statutory law
When all of the justices on the Supreme Court are hearing a case, they are said to be sitting
en banc
Each year, the Supreme Court receives about ______ appeals and hears about ______ of them in full court.
9,500, 70
The written document in which attorneys explain why the court should rule in favor of their client is called a(n)
Approximately how many judges currently sit on the federal district courts?
What was known as the court-packing plan?
the attempt by Franklin Roosevelt to add sympathetic justices to the Supreme Court in order to get New Deal laws upheld as constitutional
Each of the following has been a method by which the federal courts have expanded their power except
narrowing the discretionary authority of the president over foreign affairs and diplomacy.
Which of the following best describes the role of the solicitor general?
the lawyer who represents the United States before the Supreme Court in cases where the federal government is a party
What is the significance of dissenting opinions?
Dissents are signs that the Court is in disagreement on an issue and could change its ruling.
Prisoners who are challenging their conviction are most likely to file a writ of
habeas corpus
What is the main function of the Chief Justice of the Supreme Court?
The chief justice presides over the Court's public sessions and private conferences.
When the Supreme Court declared that the legislative veto was unconstitutional, in Immigration and Naturalization Services v. Chada, what was the response?
Congress and presidents have continued the practice; they just call it something different.
The right of due process is best described as the right of
every person not to be treated arbitrarily by a government official or agency.
When justices agree with the ruling of a court majority but not all of its reasoning, they may often write a(n)
Cases between two or more states are originally heard by
the Supreme Court
If someone is an advocate of judicial restraint, he or she believes
in looking only at the words of the constitution in determining its meaning
What is the most frequent and best-known action of Supreme Court justices in their role as circuit justices?
reviewing requests for stays of execution
The case Baker v. Carr concerns
apportionment of legislative seats
What is the Uniform Commercial Code?
a set of codes states may voluntarily adopt in order to reduce interstate differences in judicial opinions
Approximately what percentage of all court cases in the United States are heard in federal courts?
Which of the following statements concerning legislative courts is false?
Legislative court judges cannot have their salary reduced by Congress.
Why has partisan conflict surrounded federal judicial appointments in recent years?
The federal courts play an important role in shaping American law and politics.
All of the following are part of the official jurisdiction of the federal courts except
cases involving citizens from the same state.
The size of the U.S. Supreme Court is set by
Which of the following is not a specialized "legislative court" created by Congress?
the court of federal territories
A writ of habeas corpus declares that
the government must show a legal cause for holding someone in detention.
The power of the Supreme Court to review state actions and legislation comes from
marbury v madison
When the Supreme Court refuses to review a lower-court decision, announcing this decision through a brief unsigned opinion, it is called ______ opinion
a per curiam
If an individual is arrested because their home was searched by police without a legal warrant, they could argue in court that they had been denied
the due process of law
A "certiorari pool" describes the
practice by which Supreme Court law clerks work together to evaluate each petition.
Under normal rules of oral argument, each lawyer has ______ to present his or her case before the Supreme Court.
Trial courts in the federal judicial system are called
district courts
In most circumstances, a supreme court is best described as a(n) ______ court.
Which of the following is the essence of the rule of law?
Every state must judge government officials by the same laws as its citizens are judged.
Senatorial courtesy describes the practice of
senators from a president's party approving of a judicial nominee from their home state.
Andrew Jackson reputedly said, "John Marshall has made his decision, now let him enforce it." What did he mean by this statement?
The Supreme Court is unable to enforce its decisions without the aid of the executive branch.
A person, agency, or interest group not directly a party to a case but with an interest in its outcome may file a(n) ______ brief.
amicus curiae
In Roe v. Wade, the Supreme Court was required to rule on the issue of ______, due to the fact that the pregnancy had already come to term.
Original jurisdiction refers to
the court with the authority to hear a case first.
Which of the following statements about the U.S. Courts of Appeals is incorrect?
The appeals courts are able to hear all cases involving federal law, but not constitutional law.
The requirement of standing means that parties in a case must
have a concrete injury or interest at stake
Which of the following is part of the Miranda rule?
arrested people have the right to remain silent
Aside from the justices themselves, who or what has the greatest power in shaping the flow of cases to the Supreme Court?
the solicitor general
In recent years, federal court appointments have
been characterized by intense partisan and ideological efforts to support or defeat the candidate.
Which of the following was not part of the Supreme Court's ruling in Hamdi v. Rumsfeld?
Persons the president designates as enemy combatants do not have to be granted an opportunity to rebut those charges.
In which type of case does the Supreme Court have original jurisdiction?
any case involving an ambassador
Most cases reach the Supreme Court through the
writ of certiorari
What was the Supreme Court's ruling in 1948 regarding restrictive covenants?
individuals had the right to discriminate in private contracts but courts could not enforce these contracts
The jurisdiction of each federal court is derived from
the constitution and federal law
Each Supreme Court justice is assigned ______ clerk(s).
______ is an example of a justice who advocated judicial restraint.
felix frankfurter
Why was the Supreme Court's decision in Ricci v. DeStefano important?
It held that, in order to seek damages, employees must show that employment tests for promotion are clearly defective, rather than that they produce unequal outcomes based on race or gender.
When a case is resolved through a negotiated agreement before a full trial is completed, it is called
a plea bargain
Why did many Republicans oppose President Obama's nomination of Sonia Sotomayor to the Supreme Court?
she supported affirmative action
In what year was Marbury v. Madison decided?
What was the basis of Justice John Marshall's assertion that the federal courts have the power of judicial review?
It is the duty of the courts to say what the law is, therefore it is necessary for the courts to interpret and expound upon the law.
What did the framers call the "least dangerous branch"?
the supreme court
Which of the following is not a traditional limitation on the power of the federal courts?
the ability of congress to reduce federal judges' salaries
The increase of administrative agencies since the New Deal has resulted in
a delegation of power by congress to administrative agencies
_______________ involves the violation of the concepts of right and wrong as defined by statute and is usually punishable by a specified amount of time in jail.
criminal law
________________ involves disputes between individuals and/or businesses over relationships, obligations, or responsibility, with the remedy usually being monetary compensation.
civil law
The state courts that handle trials involving criminal or civil matters are the ______________
district courts
_____________ percent of criminal defendants agree to plead guilty rather than go to trial.
The ____________________ courts have jurisdiction to hear class C misdemeanors and minor civil matters (e.g., small claims).
justice of the peace courts
The highest court in Texas for civil matters is the ______________
Texas Supreme Court
In Harris County and in other large urban counties, the state trial courts are given specialized jurisdiction over all of the following, except ___________________.
maritime law
In district courts, the state is represented in criminal cases by the _______________
district attorney
Attorneys that represent plaintiffs in civil cases are generally paid _____________
on a contingency-fee basis
Statutory probate courts are given jurisdiction to hear cases arising out of disputes concerning ________________
wills and estate law
apital cases are appealed directly to the ___________________
Texas court of criminal appeals
__________________ were created by the Texas legislature to have jurisdiction over violations of city ordinances and class C misdemeanors.
municipal courts
exas judges, with the exception of municipal judges, are ________________
elected in partisan elections
The county court has the power to hear all of the following types of cases, except ______________________.
felony cases
A ________________ consists of twelve persons who serve for two to six months and who determine whether the state has enough evidence to support the issuance of an indictment.
grand jury
The highest court in Texas for criminal matters is the ______________
Texas Court of Criminal Appeals