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211 Cards in this Set

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Habeas corpus

The legal doctrine that a person who is arrested must have a timely hearing before a judge

What is a statement about the powers of the presidency under the constitution?

The language of the constitution is quite vague about the powers the president has and does not have and allows for the expansion of presidential power without constitutional amendment

What event prompted president George w. Bush to embark on a massive expansion of presidential power?

The 9/11 terrorist attacks

What is an action that would most likely conform to the founders expectations about the proper role of the president?

The president executing policy passed by Congress without the use of signing statements or without raising questions about the laws constitutionality

When did the era of largely "dormant" presidencies end?

During the early 1900s when the United States started to take a more active role in foreign-policy

When did the most significant expansion of presidential function occur?

Under franklin Delano Roosevelts new deal and during mobilization of the country for World War II

State of the union

Annual report to the nation by the president, now delivered before joint session of Congress, on the state of the nation and his legislative proposals for addressing national problems

Executive orders

An agreement with another country signed by the president that has the force of law, like a treaty; does not require Senate approval

Unitary executive

Constitutional doctrine that proposes that the executive branch is under the direct control of the president, who has all authority necessary to control the actions of federal bureaucracy personnel and units without interference from the other federal branches

Treaties

A formal international agreement between two or more countries; in the United States, requires the "advice and consent "of the state

Executive agreements

In agreement with another country signed by the president that has the force of law, like a treaty; does not require Senate approval

What position is the chief executive in the United States

President

What is the main function of the chief of state?

Performing ceremonial duties like attending funerals of important people

The requirement for the president submit an annual federal government budget to Congress worth consideration is authorized by ____

Budget act of 1921

The annual report to Congress and the nation by the president is known as ____

State of the union

The annual report to Congress and the nation by the president is known as ____

State of the union

Who has the power to declare war?

Congress

Institutional presidency

The permanent bureaucracy associated with the presidency, designed to help the incumbent of the office carry out his responsibilities

Institutional presidency

The permanent bureaucracy associated with the presidency, designed to help the incumbent of the office carry out his responsibilities

Chief of staff

A top adviser to the president who also manages the White House staff

Institutional presidency

The permanent bureaucracy associated with the presidency, designed to help the incumbent of the office carry out his responsibilities

Chief of staff

A top adviser to the president who also manages the White House staff

National security adviser

A top foreign policy and defense adviser to the president who heads the national security council (keeps the president updated on threats and such in the us and offers advice)

Executive office of the president EOP

A group of organizations that advise the president on a wide range of issues

Executive office of the president EOP

A group of organizations that advise the president on a wide range of issues

Office of management and budget OMB

An organization within the executive office of the president that advises on the federal budget, domestic legislation, and regulations

Council of economic advisers CEA

An organization in the executive office of the president made up of a small group of economists who advise on economic policy

National security council NSC

An organization in the executive office of the president made up of officials from the state and defense departments, the CIA, and the military, who advise on foreign and security affairs

Intelligence advisory board

An organization in the executive office of the president that provides information And assessments to the presidents director of national intelligence and to the president directly

The term for the permanent bureaucracy associated with the presidency is _____

Institutional presidency

The term for the permanent bureaucracy associated with the presidency is _____

Institutional presidency

The top adviser to the president is ____

The chief of staff

Which organization advises the president on how much the administration should propose to spend for each government program and where the money will come from?

Office of management and budget

Which organization advises the president on how much the administration should propose to spend for each government program and where the money will come from?

Office of management and budget

This amendment fixed the problem with the original constitution whereby the person with the second most electoral votes would become Vice President

12 amendment

What is a statement about the president cabinet that is false?

The president must, constitutionally, appoint a cabinet but not need take their advice or meet with the cabinet members

Divided government

Control of the executive and legislative branches by different political parties

Constitutionally, the US government is set up such that ____

All constitutional powers are shared

Constitutionally, the US government is set up such that ____

All constitutional powers are shared

Divided government requires___

The presidency to be controlled by one political party and at least one house of Congress to be controlled by the opposing party

What federal government officials will be on the ballot every two years?

All members of the House of representatives and one third of the senators

The most important factor in determining the success or failure of a presidential legislative agenda is ___

If the presidents party controls both chambers of Congress

What is a false statement about vetoes?

Recent presidents like Clinton, Bush, and Obama have issued more vetoes than all other presidents combined

Presidential job approval

The percentage of Americans who believe the president is doing a good job

Which of the following best describes what the founders thought about the relationship between the president and the people?

The president should be relatively distant from the people, interacting with Congress often but with the people only rarely

with few exceptions, most presidents tend to ___

Lose popularity as time passes

The term used to describe the percentage of Americans who believe the president is doing a good job is ____

Presidential job approval

Identify the many roles presidents play

Chief of state, chief executive, domestic policymaking leader, foreign-policy and military leader, and head of their political party

Assess how democratic the presidency is and whether presidents respond to the public

The presidency has become a far more democratic office than the framers envisioned: the people play a more important role in the election of the president, and research shows that presidents listen to public opinion and respond to it most of the time

Federal bureaucracy

The totality of the departments and agencies of the executive branch of the national government

Federal bureaucracy

The totality of the departments and agencies of the executive branch of the national government

Civil servants

Government workers emplo under the merit system; not political appointees

Federal bureaucracy

The totality of the departments and agencies of the executive branch of the national government

Civil servants

Government workers emplo under the merit system; not political appointees

Civil-service

Federal government job employees, excluding political appointees

The federal bureaucracy is associated with which branch or branches of government?

Executive

The federal bureaucracy is associated with which branch or branches of government?

Executive

What is a key characteristic of an ideal bureaucracy?

There is a clear chain of command and a set of formal rules to guide behavior

The federal bureaucracy is associated with which branch or branches of government?

Executive

What is a key characteristic of an ideal bureaucracy?

There is a clear chain of command and a set of formal rules to guide behavior

Unlike most bureaucracies in other democracies, the American federal bureaucracy ____

Has two bosses: the president and Congress

Departments

Generally the largest units in the executive branch, each headed by a cabinet secretary

Bureaus

Generally a subunit of a cabinet department

Agencies

General name used for a subunit of a cabinet department

Independent regulatory commissions

And entity in the executive branch that is outside the immediate control of the president and Congress that issues rules and regulations to protect the public

Independent regulatory commissions

And entity in the executive branch that is outside the immediate control of the president and Congress that issues rules and regulations to protect the public

Independent executive agencies

A unit of the executive branch outside the control of executive departments

Government corporations

A unit in the executive branch that operates like a private business but provides some public service

Quasi governmental organizations

An organization that has governmental powers and responsibilities but has substantial private sector control over its activities

Quasi governmental organizations

An organization that has governmental powers and responsibilities but has substantial private sector control over its activities

Foundations

And entity of the executive branch that supports the arts or science is and is designed to be somewhat insulated from political interference

Cabinet level secretaries are appointed by the _____ and approved by the _____

President; senate

The most recent executive branch department to be created is the department of ____

Homeland security

The most recent executive branch department to be created is the department of ____

Homeland security

Subdivisions within departments are called _____

Bureaus and agencies

What is the key difference between an independent regulatory commission and an independent executive agency?

Independent regulatory commissions are protected against direct presidential or congressional control while independent executive agencies have to report directly to the president

The Federal Reserve Board is an example of an

Quasi governmental organization

Bureaucrats

A person who works in a bureaucratic organization

Cost-benefit analysis

A method of evaluating rules and regulations by weighing their potential costs against their potential benefits to society

What best describes what bureaucrats do?

The exercise great discretion in the implementation of laws, often writing specific rules and creating policy

What is a statement about the relationship between Congress and the bureaucracy that is most accurate?

Congress retains control over the federal bureaucracy but delegates much lawmaking power

Federal bureaucracy's ability to conduct quasi-judicial hearings to resolve disputes is known as ____

Adjudicating

Spoils systems

Practice of distributing government offices and contracts to the supporters of the winning party; also called patronage

Spoils systems

Practice of distributing government offices and contracts to the supporters of the winning party; also called patronage

Patronage

The practice of distributing government offices and contracts to the supporters of the winning party; also called the spoils system

Recess appointments

Presidential action to temporarily fill executive branch positions without the consent of senate; done when Congress is adjourned

From the election of Andrew Jackson in 1828 until the late 19th century, the executive branch was staffed through what is commonly called the ____

Spoils system

What is patronage in the context of the bureaucracy?

A system of appointment based on loyalty to the presidents party

What was the catalyst for changing the spoil system to merit based system?

The assassination of President James Garfield

The highest policy making positions in the federal bureaucracy enter government service by ____

Political appointment

The president has the power to bypass the senate to fill executive branch positions when ____

Congress officially adjourns

Unitary executive

Constitutional doctrine that proposes that the executive branch the under the direct control of the president, who has authority necessary to control the actions of federal bureaucracy personnel and units without interference from the other federal branches

Appropriation

Legal Authority for a federal agency to spend money from the US treasury

Why are presidents often frustrated with bureaucracy?

Because the bureaucracy is so large and complex that it is hard to get all agencies to obey presidential directives

Presidents have a number of ways to encourage bureaucratic compliance. What is not a way?

The president can hire and fire all noncomplying bureaucrats

Congress has a number of ways to encourage bureaucratic compliance. what is not a way?

Congress can appointments own agency heads, overruling a presidential appointment by two thirds vote of the senate

A ___ bill is needed for an agency to be able to legally spend money from the US treasury

Appropriation

What is the purpose of inspectors general?

They report to Congress about whether or not an agency is wasteful or abusing power

Privatization

Turning over certain government functions to the private sector

Red tape

Overbearing bureaucratic rules and procedures

Whistle blowers

People who bring official misconduct in their agencies to public attention

Which of the following statements about the number of federal and state/local government employees is true?

While the number of federal employees has declined, the number of state and local government employees has risen

What term is used for turning over certain government functions to the private sector?

Privatizing

Which of the following is a solution to excessive red tape and is the motivation behind "reinventing government"?

Making government more businesslike

What is a whistle blower?

A person who reports corruption or abuses of power

Judicial review

The power of the Supreme Court to declare actions of the other branches and levels of government unconstitutional.

Original jurisdiction

The authority of a court to be the first to hear a particular kind of case

Where in the constitution are the powers and responsibilities of the judicial branch explained?

Article 3

The language of the constitution is ____ with respect to the judiciary

Vague

Where in the constitution is the power of judicial review listed?

It is not explicitly mentioned in the constitution

What is the power of judicial review?

The power of the court to declare state and federal laws and actions Null and void when they conflict with the Constitution

Power of judicial review was established in ___

Marbury versus Madison (1803)

Constitutional courts

Federal courts created by Congress under the authority of article 3 of the constitution

Constitutional courts

Federal courts created by Congress under the authority of article 3 of the constitution

Legislative courts

Highly specialized federal courts created by Congress under the authority of article 1 of the Constitution

Grand juries

Groups of citizens to decide whether there is sufficient evidence to bring an indictment against the accused persons

Petit (trial) juries

Juries that here evidence and sit in judgment on charges brought in civil or criminal cases

Circuit courts

The 12 geographical jurisdictions and one special court that hear appeals it from the federal district courts

Appellate courts

Courts that hear cases on appeal from other courts

Briefs

Documents setting out the arguments in legal cases, prepared by attorneys and presented to courts

Opinion

The explanation of the majorities and the minorities reasoning that accompanies a court decision

Opinion

The explanation of the majorities and the minorities reasoning that accompanies a court decision

Precedents

Past rulings by courts that guide judicial reasoning in subsequent cases

Stare decisis

The legal doctrine that says precedent should guide judicial decision-making

How many court systems are there in the United States?

51

What court records are mentioned in the original constitution?

Only the Supreme Court

How many Federal courts of appeal are there?

13

What are legislative courts?

Courts created by Congress to adjudicate cases in highly specialized areas of concern, like taxes

Once appellate decisions are published, they become ____ that guide the decisions of other judges in the same circuit

Precedents

Senatorial courtesy

The tradition that a judicial nomination for a federal district court seat be approved by the senior senator of the presidents party from the state where a district court is located before the nominee is considered by the senate judiciary committee

Senatorial courtesy

The tradition that a judicial nomination for a federal district court seat be approved by the senior senator of the presidents party from the state where a district court is located before the nominee is considered by the senate judiciary committee

Standing

Authority to bring legal action because one is directly affected by the issues at hand

Senatorial courtesy

The tradition that a judicial nomination for a federal district court seat be approved by the senior senator of the presidents party from the state where a district court is located before the nominee is considered by the senate judiciary committee

Standing

Authority to bring legal action because one is directly affected by the issues at hand

Executive privilege

A presidential claim that certain communications with subordinates may be withheld from congress and the courts

What minimum qualifications must a federal judge have, according to Article III of the constitution?

There are no constitutional qualifications to be a federal judge

How many women are on the current U.S. Supreme Court?

3

What is involved with "senatorial courtesy"?

The president allows senior senators from his or her party to approve nominees to district courts

As of 2013 and in relation to presidential appointments, the filibuster can be used for ____

Only Supreme Court nominations

In order for someone to bring legal action, a person must have authority to do so because they are directly affected by the issues at hand. This term is called ___

Standing

Separate but equal doctrine

The principle articulated in Plessy versus Ferguson (1896) that laws prescribing separate public facilities and services for non-white Americans are permissible if the facilities and services are equal to those provided for whites

Superprecedents

Landmark rulings that have been reaffirmed by the court over the course of many years and whose reasoning has become part of the fabric of American law

Plaintiffs

One who bring suit in a court

In forma pauperis

Describing the process by which indigents may file a suit with the Supreme Court free of charge

Writ of certiorari

An announcement that the Supreme Court will hear a case on appeal from a lower court, its issuance requires the vote of four of the nine justices

Rule of four

An unwritten practice that requires at least four justices of the Supreme Court to agree that a case warrants review by the court before it will hear the case

Amicus curiae

Latin for "a friend of the court"; describes a brief in which individuals not party to a suit may have their views heard

Amicus curiae

Latin for "a friend of the court"; describes a brief in which individuals not party to a suit may have their views heard

Opinion of the court

Written opinion of the majority

Concurring opinion

The opinion of a justice who supports The majority decision but has different legal reasons for doing so

Concurring opinion

The opinion of a justice who supports The majority decision but has different legal reasons for doing so

Dissenting opinion

Presents the reasoning of the minority

When does the Supreme Court's term begin?

The first Monday in October

This Supreme Court case created the separate but equal doctrine

Plessy versus Ferguson (1896)

The Supreme Court is not allowed to issue a ruling in which of the following circumstances?

Hypothetical cases

______ established that all defendants have a right to a lawyer in a criminal trial

Gideon versus Wainwright (1963)

The "rule of four" is a principle that involves _____

Granting writs of certiorari

Lassiez fair

Political economic doctrine that holds that government ought not interfere with the operations of the free market

Lassiez fair

Political economic doctrine that holds that government ought not interfere with the operations of the free market

Judicial activism

Actions by the courts that purportedly go beyond the role of the judiciary as interpreter the law and educator of disputes

Lassiez fair

Political economic doctrine that holds that government ought not interfere with the operations of the free market

Judicial activism

Actions by the courts that purportedly go beyond the role of the judiciary as interpreter the law and educator of disputes

Remedy

An action that a court determines must be taken to rectify a wrong done by government

Lassiez fair

Political economic doctrine that holds that government ought not interfere with the operations of the free market

Judicial activism

Actions by the courts that purportedly go beyond the role of the judiciary as interpreter the law and educator of disputes

Remedy

An action that a court determines must be taken to rectify a wrong done by government

Original intent

The doctrine that the courts must interpret the Constitution in ways consistent with the intentions of the framers rather than in light of contemporary conditions and needs

Strict construction

The Doctrine that the provisions of the Constitution have a clear meaning and that judges must stick closely to this meaning when when rendering decisions

The first period in the history of constitutional interpretation focused on ____

National power property rights

Which justice led the charge for individual rights and liberties?

Earl warren

The most criticized aspect of judicial activism is the tendency for federal judges to determine what must be done to rectify a wrong. What term is being described?

Remedy

What is "original intent"?

A Philosophy whose advocates believe the constitution should be guided by what the framers thought about a particular controversy

Based on its ruling's from 1864 to early 1930s the Supreme Court would most likely uphold of the following laws?

Law that prevents the government from invalidating contract even if illegally secured

Test case

A case brought to force a ruling on the constitutionality of some law or executive action

Class action suit

A suit brought on behalf of a group of people who are in a situation similar to that of the plaintiffs

The Supreme Court cannot ____

Force others to obey its decisions

When an individual brings a case before the court on behalf of a group of people in a similar situation it is called a ____

Class action suit

Who files amicus curiae briefs?

Interest groups

Civil liberties

Freedoms found primarily in the bill of rights, the employment of which are protected from government interference

Bills of attainder

A governmental decree that a person is guilty of a crime that carries the death penalty, rendered without benefit of a trial

Ex post facto laws

A law that retroactively declares some action illegal

Prohibitions against bills of attainder, suspension of habeas corpus, and ex post facto laws can be found where?

In the original constitution

Civil liberties are best defined as what?

Freedoms enjoyed by citizens that are protected from government interference

Why was the Bill of Rights originally passed?

Many citizens thought the original constitution did not grant enough liberties

Economic liberty

The right to own and use property free from unreasonable government interference

Full faith and credit

The provision in article IV, section 1 of the constitution which provides that states must respect the public acts, laws, and judicial rulings of other states

Contract clause

The portion of article I, section 10 of the constitution that prohibits states from passing any law "impairing the obligations of contracts"

Due process clause

The section of the 14th amendment the prohibits states from depriving anyone of life, liberty, or property "without due process of law", a guarantee against arbitrary or unfair government action

How did the Supreme Court shape economic liberty's during the 1800s?

It generally granted many rights to individuals and corporations to conduct business free from government interference

What does the "full faith and credit" clause require?

It requires states to recognize the acts, rulings, and contracts of other states

Why did the taney courts ruling in Dred Scott help bring on the Civil War?

It declared that Congress could not regulate slavery in anyway, voiding national compromises made to avert a Civil War

Selective incorporation

The gradual And piecemeal spread of the protections of the Bill of Rights to the states by the US Supreme Court

Privileges and immunities clause

The portion of article IV, section 2 of the constitution that says that citizens from out of state have the same legal rights as local citizens in any state

Equal protection clause

The section of the fourteenth amendment requiring states to provide equal treatment to all people within their boundaries

Nationalizing

The process by which provisions of the Bill of Rights become incorporated. see incorporation

Incorporating

The process by which the Supreme Court has made most of the provisions of the Bill of Rights binding on the states

Ordinary scrutiny

The assumption that the actions of elected bodies and officials are legal under the constitution

Strict scrutiny

The assumption that actions by elected bodies or officials violate the Constitution

Prior restraint

The government's power to prevent publication, as opposed to punishment afterward

Obscenity

As defined by the Supreme Court, the representation of sexually explicit material in a manner that violates community standards and is without redeeming social importance or value

Free exercise clause

That portion of the first amendment to the constitution that prohibits Congress from impeding religious observance or impinging upon religious beliefs

Establishment clause

The part of the First Amendment the constitution that prohibits Congress from Establishing an official religion; the basis for the doctrine of separation of church and state

Exclusionary rule

A standard promulgated by the Supreme Court that prevents police and prosecutors from using evidence against a defendant that was obtained in an illegal search

Probable cause

Legal doctrine that refers to a reasonable belief that a crime has been committed

Capital crime

Any crime for which death is a possible penalty

Incorporation of the Bill of Rights refers to ____

The process of the Supreme Court ruling that state laws and practices must respect provisions in the Bill of Rights

Which of the following is not a standard a law must meet in order to pass the lemon test?

the law must be a state law, rather than a national law

A capital crime is a crime ____

In which the accused is eligible for the death penalty

Barack Obama ______ of the anti-terrorism policies that civil liberties advocates had criticized the Bush administration for

Continued many

National security letters are requests from the government requesting ____

Information on Americans telephone or financial records from private institutions

The Supreme Court ruled that people detained as "enemy combatants" ______

Have a right to a hearing to contest the basis of their detention