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American Government
The presidency, Electoral college, and the judicial branch
133
History
Undergraduate 1
10/25/2011

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Term
Qualifications of The Presidency
Definition
Age of 35
National Born Citizen
Resident in the United States for 14 Years
Term
What did the articles of confederation say about the presidency?
Definition
There was no executive branch of government. The person with the title of president had no power. They were just a figure head.
Term
What did the framers agree on?
Definition
the executive authority should be vested in one person
Term
Who was the first president
Definition
George Washington
Term
What was the 22nd amendmentabout?
Definition
limits the President only to two 4 year terms
Term
If the president is to die, how many years can the Vice President Serve?
Definition
Two years of the previous presidents term, and two full terms. A total of 10 years.
Term
What is Impeachment?
Definition
The power delegated to the House of Representatives in the Constitution to charge the president, vice president, or other "civil officers" including federal judges, with "Treason, Bribery, or other high crimes and misdemeanors." This is the first step in the constitutional process of removing government officials from office.
Term
What is the House's role in the impeachment process?
Definition
empowered to vote to impeach the president by a simple majority vote.
Term
What is the Senate's role in the impeachment process?
Definition
acts as a court of law and tries the president for the charged offenses with the cheif justice of the supreme court presideing.
Term
What is the vote needed to remove the president from office by the senate?
Definition
2/3rds vote
Term
Who resigned from office in 1974 due to Watergate
Definition
Richard Nixon
Term
US vs. Nixon. Explain
Definition
the supreme court ruled unanimously that there was no overriding executive privilege that sanctioned the president's refusal to produce information for use in the Watergate trial.
Term
Who was the first president to die in office
Definition
William Harrison was the first president to die in office. He caught a cold, then died one month later.
Term
who was William h. Harrison succeeded by?
Definition
John Tyler
Term
Who was the first person to be assassinated?
Definition
Abraham Lincoln
Term
What is the presidential succession act
Definition
The presidential succession act is an act which lists those who attain power after the president.
Term
Name the first 5 in the presidental line of succession
Definition
1. Vice President
2. Speaker of the house
3. President Pro Tempore of the Senate
4. Secretary of state
5. Secretary of the Treasury
Term
What was the 25th Amendment
Definition
Adopted in 1967 to establish procedures for filling vacancies in the office of president and vice president as well as providing for procedures to deal with the disablity of the president
Term
According to the 25th amendment, what should happen if a vacancy occurs in the office of the vice president?
Definition
the president shall appoint someone to the office of the vice president, upon approval of House
Term
What is the prsidential cabinet?
Definition
The formal body of presidential advisers who head the fifteen executive departments. Presidents often add others to this body of formal advisers.
Term
What are the roles of the president
Definition
Chief Law Enforcer
Leader of the Party
Shaper of public policy
Key player in legislative processes
Chief of State
Term
What are the powers given to the president in the constitution?
Definition
The power of Appointment

The Power to Convene Congress

The Power to Make Treaties

Veto Power

Power to preside over the military as commander in Chief.

The pardoning power
Term
What does the power of appointment entail?
Definition
The appointment power allows the president to appoint Ambassadors, other public Ministers, and consuls, jusdges of he supreme court, and all other officers of the united states, whose appointments are not herein otherwise provided for. This is done with the consent of the senate.
Term
What does the power to convene congress entail?
Definition
The constitution requires the president to inform the congress periodically of "The State of the Union" and authorizes the president to convene either one or both houses of Congress on "extraordinary Occasions."
Term
What does the power to make treaties entail?
Definition
The presidents power to make treaties with foreign nations is checked by the constitutions stipulation that all treaties must be approved by at least two thirds of the members of the senate.
Term
What does the veto power entail
Definition
The power to veto bills, but congress can override it with a two-thirds vote from each house.
Term
What does the power of Commander in Chief entail
Definition
The president will be commander in Chief of the Armed forces.
Term
What does the pardoning power entail?
Definition
Presidents can exercise a check on judicial power through their constitutional authority to grant reprieves or pardons
Term
What were the four legally questionable acts of Lincoln?
Definition
1. He suspended habeas corpus, which allows those in prison to petition to be released, citing the need to jail persons suspected of disloyal practices.

2.He expanded the size of the U.S, Army above congressionally mandated ceilings.

3. He ordered a blockade of southern ports without approval of congress.

4. He closed the U.S. mail to treasonable correspondence.
Term
What are inherent powers?
Definition
Powers that belong to the president because they can be inferred from the constitution?
Term
Who were the 5 best and worst presidents?
Definition
1.Lincoln
2.Washington
3.F. Roosevelt
4.T. Roosevelt
5.Truman

1.Buchanan
2.A. Johnson
3.Pierce
4.W. H. Harrison
5.Harding
Term
What is the new deal?
Definition
the name given to the program of "Relief, Recovery, Reform" begun by President Franklin D. Roosevelt in 1933 to bring the United States out of the Great Depression
Term
How much power does the Vice President have?
Definition
It depends on how much the President is willing to give them.
Term
What is the Executive Office of the President?
Definition
A mini-bureaucracy created in 1939 to help the president oversee the executive branch bureaucracy.
Term
Which presidents have Positive Active Personalities?
Definition
F. Roosevelt
Truman
Kennedy
Ford
Carter
Bush
Term
Which presidents have a Negative Active personality?
Definition
Wilson
Hoover
L. Johnson
Nixon
Term
Which presidents have a Positive-Passive personality?
Definition
Taft
Harding
Reagan
Term
Which presidents have a Negative Passive personality?
Definition
Coolidge, and Eisenhower
Term
What is the office of Management and Budget?
Definition
The office that prepares the presidents annual budget proposals, reviews the budget and programs of the executive departments, supplies economic forecasts, and conducts detailed analyses of proposed bills and agency rules.
Term
What is Executive Order?
Definition
Rule or regulation issued by the president that has the effect of law. All executive orders must be published in the Federal Register.
Term
When are general elections?
Definition
First Monday after the fist tuesday
Term
Who does the electoral college consist of?
Definition
538 members. from both houses and dc
Term
What is a Winner-take-all primary?
Definition
when the candidate who wins the most votes in a state secures all of that state's delegates.
Term
What is a Proportional representation primary?
Definition
when candidates who secure a threshold percentage of votes are awarded delegates in proportion to the number of popular votes won.
Term
What is a caucus?
Definition
the oldest, most party oriented method of choosing delegates to teh national conventions.
Term
What is front loading?
Definition
The tendency of states to choose an early date on the nomination calendar.
Term
What is the Electoral College?
Definition
A body that consists of representatives of each state who cast the final ballots that actually elect a president.
Term
What is an elector
Definition
a Member of the Electoral college
Term
What is reapportionment?
Definition
the reallocation of the number of seats in the house of representatives after each decennial census.
Term
What are the three essentials to understanding the framers design of the electoral college?
Definition
1.Work without political parties

2. cover both the nominating and electing phases of presidential selection,
and

3. produce a nonpartisan president
Term
What was the first presidential election that was put in front of the house, and list the outcome.
Definition
1800 election

Thomas Jefferson, and Aaron Burr

Resulted in a Tie

36 ballots cast in the house of representatives

Jefferson won
Term
What was the second election put in front of congress and list the outcome.
Definition
1824, John Quincy Adams, and Andrew Jackson

Neither one secured a majority of the Electoral College

Election went into the house

Adams won
Term
How many votes are needed to win the presidency
Definition
270
Term
What is the purpose for electors?
Definition
To act like a buffer between the people, and the canidates
Term
How many votes does missouri have in teh electoral college
Definition
10
Term
What are the Pros of the Electoral College?
Definition
1. Preserves Federalism
2.Maintains two party system
3. presidential mandates
Term
What are the cons of the Electoral College
Definition
1. Non Popular candidate might win
2. Hurts third parties
3. Decreases voter turnout
Term
In what instances did the non popular candidate win the presidency?
Definition
1. 1876 Tiden v. Hayes

Tiden had the popular vote, yet hayes won the electoral college vote

2.1888, Clevland v. Harrison

Clevland had the popular vote, yet Harrison got the electoral votes
Term
What was the outcome of the 2000 Election.
Definition
Al Gore won the popular vote, but bush won the Electoral college.
Term
What are the reform proposals?
Definition
1. Automatic Plan
2.Proportional Plan
3. District Plan
4. Direct Plan
Term
What is the Automatic Plan?
Definition
Requires electors to vote how they are to vote.
Term
What is the proportional plan?
Definition
when the states have the electors vote by percentage of popular vote.
Term
What is the District plan
Definition
used in 2 states, Nebraska, and Maine.
Electoral votes are divided between congressional districts.
Term
What is the direct plan?
Definition
the candidate has to get popular vote to win the election. Completely gets rid of the electoral college
Term
Which president resigned
Definition
Richard Nixon
Term
How many presidents have died in office, list them.
Definition
William H. Harrison

Zachary Taylor

Warren Harding

FDR
Term
Which presidents were assassinated?
Definition
Lincoln

Garfield

McKinley

Kennedy
Term
What happens if the vice president dies or is removed from office
Definition
the president nominates someone to the office of the Vice president, and it is approved by congress for simple majority.
Term
Clinton v. NYC. Explain
Definition
Clinton was sued by New york city

6-3 decision voted unconstitutional

President under the constitution can approve or disapprove of the bill as a whole, but the president can not pick and chose. - Justice Stevens
Term
What is the judiciary act of 1789?
Definition
established the basic three tiered structure of teh federal court system.
Term
What was Marbury v. Madison about?
Definition
The case in which the supreme court first asserted the power of judicial review by finding that the congressional statute extending the courts original jurisdiction was unconstitutional.
Term
What is trial court?
Definition
Court of original jurisdiction where cases begin
Term
what is appellate court?
Definition
court that generally reviews only findings of law made by lower courts
Term
What is jurisdiction?
Definition
the authority vested in a particular court to hear and decide the issues in a particular case.
Term
what is Original Jurisdiction?
Definition
The jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of a case.
Term
What is the current supreme court referred to as?
Definition
The roberts court
Term
Who are the supreme court justices?
Definition
John Roberts
Antonin Sealia
Anthony Kennedy
Clarence Thomas
Ruth Bader Ginsburg
Stephen Breyer
Samuel Alito
Sonia Sotomayor
Elena Kagen
Term
How many of the supreme court justices are liberal, and conservitive?
Definition
5 Conservative, and 4 Liberal
Term
Has there ever been a supreme court justice from missouri?
Definition
Yes, Charles Wittiker
Term
What is a Writ of Mandamus?
Definition
A writ of mandamus is an order from the supreme court of the united states for an official to do, or not to do something.
Term
What is a trial court?
Definition
Court of original jurisdiction where cases begin.
Term
What is an Appellate court?
Definition
Court that generally reviews only findings of law made by lower courts.
Term
How many cases does the U.S. Districts courts hear?
Definition
350000 cases per year
Term
How many district courts are there?
Definition
94 courts
Term
United States Courts of Appeals, how many are there?
Definition
13
Term
United States Supreme court, how many
Definition
1
Term
How many cases does the Supreme court hear?
Definition
75-90 cases a year
Term
How many cases does the United States Court of Apppeals hear per year?
Definition
60,000
Term
What is jurisdiction?
Definition
Authority vested in a particular court to hear and decidethe issues in a particular case.
Term
What is original jurisdiction?
Definition
The jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of a case.
Term
What is appellate jurisdiction?
Definition
The power vested in particular courts to review an/or revise the decision of a lower court.
Term
What is criminal law?
Definition
Codes of behavior related to the protection of property and individual safety
Term
What are constitutional courts?
Definition
Federal courts specifically created by the U.S. Constitution or by Congress pursuant to its authority in Article III.
Term
What are legislative courts?
Definition
Courts established by congress for specialized purposes such as the court of appeals for veterans claims.
Term
What are the federal district courts, courts of appeals, and the supreme court called?
Definition
They are often called constitutional or article III courts.
Term
What is a brief?
Definition
A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial.
Term
What is a precedent?
Definition
A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature.
Term
What is Stare Decisis
Definition
In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.
Term
What is senatorial courtesy?
Definition
Process by which presidents generally defer selection of district court judges to the choice of senators of their own party who represent the state where the vacancy occurs.
Term
How does the supreme court decide what to decide
Definition
99% is through a writ of certiorari.
Term
Is the court involved in polotics?
Definition
No, the courts are not affiliated with any political party
Term
What are the guidelines for the supreme court to hear a case?
Definition
Has to be a federal case,

4 Justices have to want to hear it,

Writ of Certiorari
Term
How many justices does the supreme court have?
Definition
9 as of 1869
Term
How many justices are on the court of appeals?
Definition
13
Term
What regional appeals court is Missouri in?
Definition
the 8th circuit of appeals
Term
How many judges sit in on the appeals court cases?
Definition
3
Term
How many district courts are there?
Definition
99
Term
How many judges preside over the district courts?
Definition
1 judge
Term
What level is trial courts at?
Definition
At the federal level.
Term
Who appoints the federal judges?
Definition
The president
Term
How many judges are on the Missouri Supreme court, and what are their terms?
Definition
7 judges, for 12 year terms
Term
How many judges are on the Missouri Court of Appeals, and what are their terms
Definition
23 judges for 12 year terms
Term
How many judges are on the missouri circuit courts, and what are their terms?
Definition
45 judges for 6 year terms
Term
What are co-current cases?
Definition
two courts hear the case
Term
What is a writ of certiorari?
Definition
A request for the supreme court to order up the records from a lower court to review the case
Term
What is the rule of four?
Definition
At least four justices of the supreme court must vote to consider a case before it can be heard
Term
What is the solicitor general
Definition
The fourth ranking member in the department of justice; responsable for handling nearly all appeals on behalf of the us government to the supreme court.
Term
What is amicus curiae
Definition
"Friend of the court"; amici may file beifs or even appear to argue their interest orally before the court
Term
what is judicial restraint?
Definition
A philosophy of judicial decision making that posits courts should allow the decisions of other branches of government to stand, even when they offend a judge's own principles.
Term
What is Judicial activism.
Definition
A philosophy of judicial decision making that posits judges should use their power broadly to further justice.
Term
What is strict constructionist
Definition
an approach to constitutional interpretation that emphasizes interpreting the Constitution as it was written and intended by the framers
Term
What is judicial implementation?
Definition
How and whether judical decisions arer translated into actual public policies affecting more than the immediate parties to a lawsuit.
Term
What is the time frame for the Session calender?
Definition
Starts in October, and goes through June
Term
What is the time frame for the Oral Argument Calender?
Definition
Starts in June, Ends in April
Term
What are the details for a Writ of Certiorati
Definition
Cant be no more than 30 pages,

Color has to be White
Term
What color is the Respondants breif to a writ of certiorati?
Definition
Orange
Term
What percentage of the Writs of Certiorati are discussed?
Definition
10% of the 9,000 are discussed
Term
When do the Justices discuss the Writs of Certiorati?
Definition
Discussed on Fridays
Term
When was the Certiorari Pool created?
Definition
In 1972 by the request of Lewis F. Powell
Term
Which Justice does not participate in the Pool?
Definition
Justice Samuel does not participate in the pool
Term
What is Rule 10?
Definition
Rule 10 is a set of rules that gives guidence to the justices for which cases to hear.
Term
What is Stare Decisis
Definition
Let the Prior Decisions stand
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