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Chapter 7, 9, 10
Review for Exam
57
Political Studies
Undergraduate 4
03/26/2013

Additional Political Studies Flashcards

 


 

Cards

Term
Congressional Caucus
Definition
is a group of members of the United States Congress that meets to pursue common legislative objectives.
Term
Congressional Oversight
Definition
refers to oversight by the United States Congress on the Executive Branch, including the numerous U.S. federal agencies; also refers to the review, monitoring, and supervision of federal agencies, programs, activities, and policy implementation. Congress exercises this power largely through its congressional committee system.
Term
Majority Leader
Definition
the legislative leader selected by the majority party who helps plan party strategy, confers other party leaders and tries to keep members of the party in line
Term
Minority leader
Definition
the legislative leader selected by the minority party as spokesman for the opposition. (These two positions are sometimes called the majority/minority floor leaders)
Term
Minority/Majority Whip
Definition
the party leader who is the liaison (link) between the leadership and the rank-and- file in the legislation
Term
Filibuster
Definition
a procedural practice in the Senate where by a senator refuses to relinquish the floor and thereby debates procedures, and presents a vote on a controversial issue.  The rules permit a senator, or a series of senators, to speak for as long as they wish and on any topic they choose, unless “three-fifths of the Senators duly chosen and sworn.”
Term
Cloture
Definition
- a procedure for terminating debate, especially filibusters in the senate. “Three-fifths of the Senators duly chosen and sworn” (60 out of 100) bring filibuster to end.
Term
Standing committee
Definition
a permanent committee established in a legislative, usually focusing on a policy area
Term
Standing committee
Definition

 

They are the most important for making laws and representing constituents:

1.      Rules and administration

2.      Budget

3.      Authority

4.      Appropriations

5.      Revenue

6.      Oversight

Term
Conference Committee
Definition
a committee appointed by the preceding officers of each chamber to adjust differences on a particular bill passes by each in different form.
Term
Process of how a bill becomes a law
Definition

 

1.      Introduction-which means putting a formal proposal before the house of representative and senate.

 

2.      Committee review-which includes holding a hearing and marking up the bill.

 

3.      Floor debate and passage-which means getting on the legislative calendar, passing once in each chamber, surviving a conference to iron out any differences between the house and senate versions, and passing once again in each chamber.

Presidential appeal.

Term
Rider
Definition
A provision attached to a bill to which it may or may not be rejected, in order to secure its passage or detent.
Term
Veto
Definition
is the power to unilaterally stop an official action. 2/3 of House and Senate may override presidential veto.
Term
Pocket veto
Definition
a veto exercised by the president; often congress has adjourned; if the president take no action for ten days the bill does not become law and is not returned to congress for a possible override.
Term
Logrolling
Definition
mutual aid and vote trading amongst legislations
Term
Pork-barrel legislation
Definition

 

a government project or approaching a government project that yields jobs or other benefits to a specific locals and patronage opportunities to its political representative.

 

Term
How many members of the House and Senate?
Definition
453 in House (R232, D200); 100 Senators
Term
How many presiding officers?
Definition
2, also known as the Speaker of the House (John Boehner); presiding officer of Senate is Vice President Joe Biden.
Term
Who schedules bills in each?
Definition
In senate: the senate majority leader. In house: the house rules committee.
Term

What are the major functions of each of the following? 

Congress

 

Definition

 

Law making powers of government; congress has the power to lay and collect taxes, duties, imposts and excises. To pay the debts and provide for the common defense and general welfare of the United States; to borrow money on credit of the united states; to regulate commerce with foreign nations; and among the several states; to establish a rule about naturalization, and bankruptcy; to coin money; to establish post offices; to declare war; to maintain navy.

 

Term

 

What are the major functions of each of the following?

The federal bureaucracy

Definition

 

provide for the defense of our country in war by maintaining a navy, air force, army, marines, and coast guard services; deliver the mail; provide a court system; provide public health services; provide printed currency; maintain national park; promote education and national parks; FBI.

 

Term

 

What are the major functions of each of the following?

Federal Judiciary

Definition
major task of the judiciary is to determine the facts of laws and to apply them to particular circumstance; is a law maker; guardianship of the constitution; advisory jurisdiction; protector of the fundamental rights; supervision on lower courts.
Term
Which state has the most seats in the House of Representatives?
Definition
California (55 seats)
Term

Congressional agencies and what they do 

GAO

Definition
General Accounting Office: the audit, evaluation, and investigative arm of the United States Congress. It is also part of the legislative branch.
Term

Congressional agencies and what they do

 

 

CRS

Definition

 

Congressional Research Service: known as Congress’s think tank, is a public policy research arm of the United States. As a legislative branch agency within the Library of Congress, CRS works primarily and directly for Members of Congress, their Committees and staff on a confidential, nonpartisan basis.

 

Term

Congressional agencies and what they do

 

 

CBO

Definition

 

Congressional Budget Office: is a federal agency within the legislative branch of the United States government that provides economic data to Congress. It was created by the Congressional Budget and Impoundment Control Act of 1974.

 

Term
Members of Congress have a stronger incentives for which, oversight or lawmaking?
Definition
Oversight on the executive branch.
Term
Bureaucracy
Definition
A form of organization that operates through impersonal, uniform rules and procedures.
Term

Know the 4 types of federal agencies and examples of each

 

 

Departments

Definition

 

·         Usually the largest organization in government with the largest mission; also the highest rank in the federal hierarchy. 

 

·         Five largest departments

 

o   Defense Department

 

o   Department of Veterans Affairs: Helps veterans return to civilian life after military service.

 

o   Department of Homeland Security: Created to protect the nation from terrorism.

 

o   Department of the Treasury: Manages the economy and raises revenues through the Internal Revenue Service.

 

o   Department of Justice: Enforces the laws through the federal courts and investigates crime through the Federal Bureau of Investigation.

 

Term

Know the 4 types of federal agencies and examples of each:

 

Independent stand-alone agencies

Definition

 

·         A government agency that operates outside a traditional government department, but under the president’s direct control.

 

·         Most important in the bureaucracy

 

o   Central Intelligence Agency (CIA) collects and interprets international intelligence

 

o   Director of National Intelligence coordinates intelligence collected by other government agencies.

 

o   Environmental Protection Agency regulates and enforces laws to reduce pollution.

 

o   National Aeronautics and Space Administration manages the U.S. civilian space program.

 

o   Small Business Administration monitors the state of U.S. small businesses.

 

Term

Know the 4 types of federal agencies and examples of each

 

Independent regulatory commissions

Definition

 

·         A government agency or commission with regulatory power whose independence is protected by Congress.

 

·         Most important in the federal bureaucracy

 

o   Commodity Futures Trading Corporation regulates the markets for commodities such as corn, wheat, precious metals, and other products used in manufacturing.

 

o   Consumer Product Safety Commission monitors and regulates the safety of products released for public use, such as children’s toys and cribs.

 

o   Securities and Exchange Commissionregulates the stock markets that trade stocks in publicly held corporations.

 

o   Federal Election Commission monitors and enforces federal campaign finance laws.

 

o   Federal Communication Commission monitors and regulates use of the public airways for radio and television broadcasting, but its authority does not extend to cable television or satellite radio.

 

o   Federal Trade Commission ensures that advertising for products is fair and truthful.

 

o   Federal Reserve Board sets interest rates on borrowing

 

o   Nuclear Regulatory Commission regulates the nuclear power industry.

 

Term

Know the 4 types of federal agencies and examples of each

 

 

Government corporations

Definition

 

·         A government agency that operates like a business corporation, created to secure greater freedom of action and flexibility for a particular program

 

·         Examples

 

o   Corporation for Public Broadcasting (PBS)

 

o   U.S. Postal Service

 

o   National Railroad Passenger Corporation (Amtrak)

 

o   AmeriCorps (which runs a national service program created by the Clinton administration)

 

Term
Civil Service
Definition

the service responsible for the public administration of the government of a country. It excludes the legislative, judicial, and military branches. Members of the civil service have no official political allegiance and are not generally affected by changes of governments.

 

 

Term
Pendleton Act
Definition
The Pendleton Act is a federal law in the United States that established the rules and regulations regarding who could be hired for and retain jobs within the federal government. Traditionally, people who supported the election of a particular candidate were given the opportunity to take positions in the administration, while those that did not were forced from their jobs. The Pendleton Civil Service Reform Act was passed in 1883 in an effort to ensure that employees of the federal government were given jobs based on merit rather than political affiliation. This became particularly important as the role of the federal government magnified through Reconstruction after the American Civil War.
Term
Merit System
Definition

A system of public employment in which selection and promotion depend on demonstrated performance rather than political patronage.

 

 

Term
Hatch Act
Definition
The Hatch Act, 5 U.S.C. §§ 7321-7326, limits certain political activities of most executive branch employees. For example, the law prohibits employees from engaging in political activity while on duty or in the Federal workplace. It also prohibits them from soliciting or receiving political contributions. The U.S. Office of Special Counsel (OSC) is the agency responsible for enforcing the Hatch Act. General information about the Hatch Act may be found on the OSC website
Term
Office of Personnel Management (OPM
Definition
OPM manages the civil service of the federal government, coordinates recruiting of new government employees, and manages their health insurance and retirement benefits programs. OPM also provides resources for locating student jobs, summer jobs, scholarships, and internships.
Term
Who appoints members of the Federal Judiciary with the consent of whom?
Definition
The President appoints federal judges, including Supreme Court justices, with the advice and consent of the Senate. That means the Senate must approve the President's nomination by a simple majority vote before the appointment process can be completed.
Term
Judicial Review
Definition

The power of courts of law to review the actions of the executive and legislative branches is called judicial review. Though judicial review is usually associated with the U.S. Supreme Court, which has ultimate judicial authority, it is a power possessed by most federal and state courts of law in the United States. The concept is an American invention. Prior to the early 1800s, no country in the world gave its judicial branch such authority.

 

 

Term
Criminal Law
Definition
a law that defines crimes against the public order.) A body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts. The term criminal law generally refers to substantive criminal laws. Substantive criminal laws define crimes and may establish punishments. In contrast, Criminal Procedure describes the process through which the criminal laws are enforced. For example, the law prohibiting murder is a substantive criminal law. The manner in which government enforces this substantive law—through the gathering of evidence and prosecution—is generally considered a procedural matter.
Term
Civil Law
Definition

(A law that governs relationship between individuals and defines their legal rights.) A body of rules that delineate private rights and remedies, and govern disputes between individuals in such areas as contracts, property, and Family Law; distinct from criminal or public law. Civil law systems, which trace their roots to ancient Rome, are governed by doctrines developed and compiled by legal scholars. Legislators and administrators in civil law countries use these doctrines to fashion a code by which all legal controversies are decided. The civil law system is derived from the Roman Corpus Juris Civilus of Emperor Justinian I; it differs from a common-law system, which relies on prior decisions to determine the outcome of a lawsuit. Most European and South American countries have a civil law system. England and most of the countries it dominated or colonized, including Canada and the United States, have a common-law system. However, within these countries, Louisiana, Quebec, and Puerto Rico exhibit the influence of French and Spanish settlers in their use of civil law systems.

 

 

Term

What kind of jurisdiction in each of the federal courts?

 

 

Supreme court

Definition

 

·         The Supreme Court has jurisdiction over any other court or case as long as certain conditions apply. However, before going to the supreme court parties must have previously been to a trial court and then to the court of appeals for their respective state.

 

·         Civil Law suits only.

 

Term

What kind of jurisdiction in each of the federal courts?

 

 

Apellate Courts (circuit courts)

Definition
Deciding over the District courts
Term

What kind of jurisdiction in each of the federal courts?

 

(94) District Courts

Definition

 

Trial nearly all federal cases. They make the decisions on the death penalty, drug crimes, and other criminal violations. District judges normally hold trials and decide cases individually.

 

Term
Original Jurisdiction
Definition

A court's power to hear and decide a case before any appellate review.  A trial court must necessarily have original jurisdiction over the types of cases it hears.

 

 

Term
Appellate Jurisdiction
Definition
The jurisdiction which a superior court has to bear appeals of causes which have been tried in inferior courts. It differs from original jurisdiction, which is the power to entertain suits instituted in the first in stance. Vide Jurisdiction; Original jurisdiction.
Term
Precedent (stare decisis)
Definition
In common law legal systems, a precedent or authority is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. The general principle in common law legal systems is that similar cases should be decided so as to give similar and predictable outcomes, and the principle of precedent is the mechanism by which that goal is attained. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases." Common law precedent is a third kind of law, on equal footing with statutory law (statutes and codes enacted by legislative bodies), and regulatory law (regulations promulgated by executive branch agencies). Stare decisis (Anglo-Latin pronunciation: /ˈstɛəri dɨˈsaɪsɨs/) is a legal principle by which judges are obliged to respect the precedent established by prior decisions. The words originate from the phrasing of the principle in the Latin maxim Stare decisis et non quieta movere: "to stand by decisions and not disturb the undisturbed.” In a legal context, this is understood to mean that courts should generally abide by precedent and not disturb settled matters.
Term
Writ of Habeus Corpus
Definition
A court order requiring explanation to a judge why a prisoner is being held in custody.
Term
Writ of Certiorari (often just referred to as "cert")
Definition
A formal writ used to bring a case before the Supreme Court.
Term
Docket
Definition
The list of potential cases that reach the Supreme Court
Term
Amicus Curiae Brief
Definition
An amicus curiae (also amicus curiæ; plural amici curiae, literally "friend of the court") is someone who is not a party to a case who offers information that bears on the case but that has not been solicited by any of the parties to assist a court. This may take the form of legal opinion, testimony or learned treatise (the amicus brief) and is a way to introduce concerns ensuring that the possibly broad legal effects of a court decision will not depend solely on the parties directly involved in the case. The decision on whether to admit the information lies at the discretion of the court. The phrase amicus curiae is legal Latin
Term
Opinion of the Court
Definition
A statement that is prepared by a judge or court announcing the decision after a case is tried; includes a summary of the facts, a recitation of the applicable law and how it relates to the facts, the rationale supporting the decision, and a judgment; and is usually presented in writing, though occasionally an oral opinion is rendered
Term
Dissenting Opinion
Definition
A dissenting opinion (or dissent) is an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. When not necessarily referring to a legal decision, this can also be referred to as a minority report.
Term
Concurring Opinion
Definition
In law, a concurring opinion is a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision. When no absolute majority of the court can agree on the basis for deciding the case, the decision of the court may be contained in a number of concurring opinions, and the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion
Term
Defendant
Definition
In criminal law, a defendant is anyone tried as the accused. Defendants in civil actions usually make their first court appearance voluntarily in response to a summons. But criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Historically, civil defendants could be taken into custody under a writ of capias ad respondendum and be forced to post bail before being released. But modern-day civil defendants are usually able to avoid most (if not all) court appearances if represented by a lawyer. Criminal defendants are usually obliged to post bail before being released from custody and must be present at every stage of the proceedings against them. (There is an exception for very minor cases such as traffic offenses in jurisdictions which treat them as crimes.)
Term
Plaintiff
Definition
A plaintiff (Π in legal shorthand), also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit (also known as an action) before a court. In other words, someone who tries to sue. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages).
Term
Plea Bargain
Definition

A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor. This may mean that the defendant will plead guilty to a less serious charge, or to one of several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence. A plea bargain allows both parties to avoid a lengthy criminal trial and may allow criminal defendants to avoid the risk of conviction at trial on a more serious charge. For example, a criminal defendant charged with a felony theft charge, the conviction of which would require imprisonment in state prison, may be offered the opportunity to plead guilty to a misdemeanor theft charge, which may not carry jail time

 

 

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