govt 2305 TEST 3 lewis blinn

Apportionment

putting ppl in congress based on population of state

Bill

a proposed law

Impeachment

the ultimate form of oversight
Can charge the president, the vice president, or other "civil officers" with "Treason, Bribery, or other High Crimes and Misdemeanors.

Incumbent

the current person in office

Redistricting

process of redrawing congress seatings when the population changes

Gerrymandering

is the drawing of congressional districts to favor a party or candidate without regard to the shape of the district
Drawn to protect incumbents and reduce competition; they get to choose the voters

Speaker of the House

serves as both presiding officer (the overseer) of the chamber and leader of the majority party--third highest official

Majority Leader

true leader of the Senate

Minority leader

selects a minority leader-- acts as spokesperson for minority party

Whip

keep track of party member votes for key legislation

Standing committee

permanent committees that specialize in a particular area of legislation (example Agriculture, Armed Services, Budget)

Joint committee

permanent committees comprised of members from both chambers.
(currently 4) decide on economic, library, printing, and taxation problems and solutions

Special committee

usually charged with conducting a specific study or investigation under a fixed time frame.

Filibuster

formal way of halting Senate action on a bill by means of long speeches or unlimited debate (speak to stall)

Cloture

sixty senators must sign; if that happens, members may spend no more than 30 additional hours debating the legislation at issue.

Veto

President can veto the bill and cant be passed, at which point it goes back for editting; if two-thirds of both chambers agree to override the veto, the veto is overridden and the bill becomes law.

Pocket Veto

a bill is vetoed without president signature bc Congress is no longer in recession, bill can no longer go into effect

Party Unity

Democrats and Republicans stick by their party when voting on bills (all say yay or nay)

Divided Government

when one party controls the presidency and another party controls one or both houses of Congress

Unified Government

the same political party controls the presidency and Congress

22nd amendment

limits presidents to two four-year terms

25th amendment

Gives president power to appoint new VP

Cabinet

the body of presidential advisors

veto

authority to reject bills

Line-item veto

president approves certain aspects but sends back for editting

The Posse Comitatus Act of 1878

generally prohibits the use of the military in the role of domestic law enforcement outside of the cases listed here- no martial law

War Powers Resolution

President cant declare war, only deploy troops until Congress says to come back (must be back within 60 days)

Executive Office of the President (EOP)

FDR established the EOP to provide him with staff to help oversee the New Deal programs
Headed by the White House Chief of Staff
few EOP officials have to be confirmed by the Senate

Pardon

president can dismiss criminal of his charges

Executive privilege

president and cabinet dont have to reveal their discussions to public

going public

president reaches out to the public to gain support

Executive orders

a rule or order issued by the president
are subject to judicial review, and may be struck down

Office of Management and Budget

prepares president's annual budget proposal; Assess the costs of the proposals

White House staff

They are personal assistants to the president, Chosen for loyalty, dont have to be approved by Senate, headed by the Chief of Staff; often called the Gatekeeper

original jurisdiction

the jurisdiction of courts that hear the case first, usually in a trial. These courts determine the facts of a case.

appellate jurisdiction

higher courts that decide because state courts couldnt make a decision

U.S. district courts

have authority to try cases meaning they are the first courts to hear the case (same thing as original jurisdiction)

U.S. courts of appeal (circuit courts)

These are appellate court (attempt to settle dispute before moving to higher court)
They have no original jurisdiction, only appellate jurisdiction

Supreme Court of the United States

Reviews cases from U.S. courts of appeals and state supreme courts

judicial review

the power to decide whether a law is constitutional or not

writ of certiorari

a request for the Supreme Court to pull up the records from a lower court to review the case

criteria of writ of certiorari

1. Case must come from a U.S. court of appeals, a court of military appeals, district court, or a state supreme court
2. The case must present questions to a constitutional law

rule of four

To decide if they will hear a case, all 4 must vote in favor of hearing the case

amicus curiae

Interest group participation supported by wealthy ppl, get recognized in Supreme Court for govt funding

dissenting opinion

Justices who disagree with majority

concurring opinion

Justices who agree with the vote but not the reasoning

judicial restraint

Do not strike down laws unless they are clearly in conflict with the strict and narrow interpretation of the constitution

judicial activism

inaction of checks and balances, can call out another branch for being unconstitutional, forced to fix problem

precedent

higher courts generally establish a priority rule that lower courts are compelled to follow

stare decisis

refers to the idea that the Courts should generally defer to the precedent established by previous Court decisions.

Marbury v. Madison (1803)

the U.S. Supreme Court claimed the power of judicial review for themselves, nobody said anything in contrary

Majority opinion

sets out the legal reasoning justifying the decision, becomes a precedent for deciding future cases

What are the legal requirements for membership in Congress?

House of Representatives Must be 25 years old and Legal residents of the states they are representing
Senate Must be 30 years old and Legal residents of the states they are representing

How long are terms for members of the House of Representatives? What about the Senate?

HOR- Elected for 2 year terms; Senate- Elected for 6 year terms

Enumerated (expressed) powers of the legislative branch

Lay and collect taxes and duties
Borrow money (run debt)
Regulate commerce with foreign nations and among the states
Establish rules for naturalization and bankruptcy
Coin money, set its value
Establish a post office and post roads
Issue patents and copyr

What are the factors that give incumbent congress members an advantage when running for re-election?

name recognition
credit claiming
casework
franking privilege
access to media
ease in fundraising
experience in running a campaign
redistricting

Review the formal constitutional powers of the President

Appointment power
Power to make treaties
Veto power
Power to preside over military as Commander in Chief
Pardoning power

Review the formal constitutional powers of the Vice President

temporarily goes into office if president dies

How do approval ratings affect a President's influence on legislation (the policy agenda)?

High approval ratings are cues to presidents to push their policy agenda
When approval ratings are low, their influence with Congress wanes

What factors make it more likely that the Supreme Court will hear a case?

Case must come from a U.S. court of appeals, a court of military appeals, district court, or a state supreme court
The case Must present questions of a federal constitutional law

three-tiered structure of the federal court system

Framers' decision to have federal judges appointed for life terms

The Framers wanted them to be insulated from politics and public opinion
Wanted unbiased decisions
cannot be removed for making certain kinds of decisions

SA: What does "going public" refer to when talking about the president? What would be an example of this type of activity?

Have to reach out to the public to gain support
Direct presidential appeals to the electorate, such as those often made by recent presidents, are referred to as "going public"
ex: Obama has used social media and email more than any other president to reac