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POLS 1101
Exam 3
108
Political Studies
Undergraduate 1
03/31/2008

Additional Political Studies Flashcards

 


 

Cards

Term
Money in politics general policy making pattern:
Definition
scandal --> reform --> creativity --> new scandals
Term
Campaign regulations are governed by the __________, unless it is a campaign in the federal government where is is governed by _________________.
Definition
states; federal law
Term
Money scandals associated with the _____________ led to a need in the presidential campaign funding process.
Definition
1972 presidential campaign
Term
Disclosure
Definition
Candidates are in a position where they have to indicate how much funding they receive and from whom they received it
Term
Individual federal limits for monetary contributions
Definition
up to $2000 per candidate per election
Term
PAC monetary contribution limit
Definition
$5000 per candidate per election
Term
Independent spending limit for money not controlled by a candidate or political party
Definition
virtually no limits or closure commitments
Term
Georgia's Disclosure Policy
Definition
Candidate running for state or local election must document donations of over $100
Term
Georgia's Monetary Contribution Limits
Definition
Individuals can give $5000 for primary and $5000 for general election in Georgia & $3000 per runoff
Term
Incumbents are [more/less] likely to receive funding
Definition
more likely because they are already in Congress and have formed strong political party ties
Term
The more an incumbent spends the [better/worse] he is likely to do.
Definition
worse; incumbent campaign spending tends to reflect the need to improve present image
Term
Donating money helps secure _________ to a political figure.
Definition
access
Term
Donating money seems to have little effect on ____________.
Definition
highly visible and moral issues
Term
earmarking:
Definition
Representatives and senators will often lobby for their constituents' budgets due to the amount of money they received from them.
Term
A candidate must be at least ___ to be a member of the House of Representatives.
Definition
25
Term
A candidate for the House must also have been a citizen for at least ___ years.
Definition
7
Term
House members have a ___ year term.
Definition
2
Term
To be a member of the Senate you must be at least ____ years old.
Definition
30
Term
To serve in the Senate you must have been a citizen for at least ___ years.
Definition
9
Term
Senators have a ____ year term.
Definition
6
Term
How is the Speaker selected in the House of Rep.?
Definition
Members choose one of their own.
Term
The __________________ is the presiding officer of the Senate.
Definition
Vice President
Term
True or False: The constitution limits the size of Congress to 435.
Definition
False: the House of Representatives is set at 435 members based on population, but this is not specified in the Constitution.
Term
Every state gets at least ____ member of the house and ____ senator/s, and the rest of the members of the house are determined by a ____________.
Definition
1; 2; census
Term
The number of representatives and senators are matched to the number of ____________ each state receives.
Definition
Electoral College delegates
Term
Revenue bills (taxes) are supposed to begin in ___________.
Definition
The House of Representatives
Term
If no one wins the majority in the Electoral College, the ___________ has the responsibility to decide who the President will be.
Definition
The House
Term
The __________ has to approve presidential nominations for things like judgeships.
Definition
Senate
Term
The ____________ needs a 2/3 vote to ratify treaties with other countries.
Definition
Senate.
Term
The ____________ needs a majority vote to charge/impeach the president, but to convict and remove from office requires 2/3 from the _______________.
Definition
House; Senate
Term
ex post facto laws
Definition
laws considered after the fact; cannot criminalize something, and apply it retroactively
Term
Congress cannot pass a bill of _____________.
Definition
bill of attainder: Congress passing something that would have a plea of guilt
Term
In the beginning, there were very close ties between the executive branch and the ______________ branch.
Definition
legislative
Term
In the early 1800's presidents would tend to pick cabinet member out of ____________. Grooming them for the presidency.
Definition
Congress
Term
Up until ______; there were no primaries or caucuses etc.
Definition
1824
Term
Turnover designed to be ______, but by the early 1900s turnover closer to ______ because incumbents tend to be re-elected now.
Definition
30%; 20%
Term
Demographic changes in congress since the early 90s:
Definition
women --> nearly tripled in the house, presently 74 women; 17 in the senate up from 2

hispanics--> 23 up from 10 in the house; 3 in senate up from 0

Median age in the house--> 56

median age in the senate -->60
Term
A majority of a congressman's day is spent with __________________ etc. rather than on the actual floor
Definition
staff & constituents
Term
Congressman annual salary
Definition
$165,000
Term
each house rep. receives _____ staff members generally
Definition
18
Term
Senate staffs are determined by the _____________.
Definition
population of state
Term
franking:
Definition
free mail back to your constituents
Term
Types of Committees and Sub-committees:
Definition
1. Standing
2. Select (ad-hoc) temporary
3. Joint Committee
4. Conference Committee
Term
Standing Committee
Definition
- remain from one congress to the next

- do 2 basic things:
> authorization bills - voting to create
programs/eliminate agencies etc.
> appropriation - deal with the budget (spending bills)

- majority party has majority members on appropriations committee and chair is from majority party

- finance -senate committee

- ways & means - house comittee
Term
Select (ad hoc) temporary
Definition
committee disbands when the work is done (ex: committee dealing with watergate scandal)
Term
Joint Committee:
Definition
some have representatives and senators; for ex: joint economic committee- head of federal reserve generally shows up, public hearings and studies etc.
Term
conference committee
Definition
-also temporary
-group that is appointed to iron out differences in bills
Term
Committee Activities:
Definition
-Hearings
-Markup
Term
Hearings
Definition
How Congress normally gathers information as they are looking at legislation, either current of future legislation. Sometimes they use committees for things such as grandstanding, looking good in the media and for re-election. They also may try to send a message to a witness, like a member of a government agency for example.
Term
Markup
Definition
Process of amending a bill in the committee; literally marking up the bill page by page before the bill goes to the floor to be voted on
Term
Whip System
Definition
Used to "whip" fellow party members in line; a series of whips organized along regional lines that tell members what leadership want them to do on a certain bill. Also, keep leadership abreast of what members are thinking
Term
Roughly __________ people included in staff members, and ____________-______________ Individual staff
Definition
30,0000; 15,000-18,000
Term
How a bill becomes a law:
Definition
Bill introduced -> referred to a committee -> referred to a subcommittee -> (bills generally die during this process) -> hearing committees and markup -> (in the house must go through the Rules comittee) -> Senate requires 60 votes -> once a bill makes it through the floor it goes to a conference committee -> back to house or senate -> then to the white house where the president has 10 days to sign or veto before it becomes a law
Term
The Rules Committee determines:
Definition
In the House the Rules committee determines the time for the debate and recommended procedure regarding the bill

Two types of rules:
-open: open to any and all amendments
-closed: closed and does not involve any amendments
Term
Senate requires 60 votes because of the possibility of a ____________.
Definition
filibuster
Term
The vote to end a filibuster
Definition
cloture; requires 60 votes
Term
Pocket veto
Definition
President refuses to sign or veto
Term
Normal unofficial standards of behavior in congress that are on the decline:
Definition
seniority, institutional loyalty
Term
delegate
Definition
mouthpiece for constituents
Term
trustee
Definition
constituency elected you to use best judgement, meaning that a certain bill may be best for the nation, but not for your particular district or state
Term
Personal Constituencies
Definition
smallest group of supporters; inside group you always turn to
Term
Primary Constituencies
Definition
Next largest group of constituents meaning groups of people you could vote on in a primary election. Voting support back home that will come to bat for you if someone challenges you for party nomination.
Term
Reelection constituencies
Definition
people who will vote for you in the final election. Will always vote for you when you are the final candidate running against the other party
Term
formal constituencies
Definition
everyone living in your district of state. Some may even be opponents, but legally the people you are representing.
Term
Methods of representation:
Definition
information
case-work
committee assignments
pork
oversight
Term
pork
Definition
getting stuff for the constituents back home; earmarking
Term
Oversight
Definition
Congress's investigative arm; members of congress contact agencies or request to investigate things in the government accountability office
Term
A presidential candidate must:
Definition
be at least 35
natural born and 14 years residency
Term
Grants of Power for President
Definition
includes being Commander in Chief
Appointment & removal of judges, member of cabinet etc.
ability to grant pardons and reprieves
diplomacy with recognizing other countries,negotiating treaties, etc.
executive privilege- associated with things such as the Watergate Scandal
Term
President's duties
Definition
obligated to see that the laws are "faithfully executed"
President delivering the State of the Union address became a standard duty
Term
President vs. Presidency
Definition
A. Head of sate v. head of government
B. Importance of personality
C. Impact of the office on the occupant
D. Media
Term
Groupthink
Definition
tendency to side with the president to get ahead professionally and gain favor
Term
presidential perks
Definition
$400,000
Housing, expenses, aircraft, etc.
Term
spectacle presidency
Definition
some sort of symbol to enhance your status to convey multiple messages. Ex: Kennedy conveyed messages to allis, people back home etc.
Term
How does the president measure success? 
Definition

1. popularity

2. Congressional Agenda

3. Coattails - extent to which a president's popularity is associated with the popularity of his particular party

4. International Achievements

5. Economy

6. Legacy 

Term
Factors associated with presidential success 
Definition

- Formal powers (budget, veto, etc.)

- Political party control (divided government)

- popularity

- timing/events

-skills  

Term
General characteristics of Bureaucracy  
Definition

1. rules

2. generally, and invention of the 1800s

3. Chain of command

4. Neutral/impartial 

Term
Federal Bureaucracy comprised of: 
Definition

- departments - 15 cabinet members

 

- independent agencies - ex: Env. Prot. Agency

 

-Independent Boards & Commissions- mulitimember boards following guidelines from congress

 

Government Corporations -such as Tenn. Valley Authority 

Term
Federal Bureaucracy Functions  
Definition

1. Rule-making

2. Implementation - ind. dep. and groups have to further execute the decisions made by Congress. 

3. Adjudicating 

Term
Government provided services
Definition

traditional -"voice"

 

private sector- congress contracts out private groups

 

gov. vending- not made available to all; charge for use

 

franchise- ex: gas, electricity

 

subsidy (grants-in-aid)

 

voucher 

Term
Functions of the Legal System 
Definition

Resolving disputes

allocating resources

protect rights 

Term
civil vs. criminal law  
Definition

civil = private dispute

criminal = one party is the government and the defendant could receive jail time 

Term
Types of Courts
Definition

Trial

Appellate 

Term
Trial Court
Definition
- handle the case based on fact

- apply the law to individual cases

- every state has at least one

- in the sate system called a superior court and in the federal system it is called a district court 

Term
Appellate Court
Definition
Generally have multiple judges and looka t how a law was applied to individual cases
Term
Types of Juries
Definition

Grand Jury - responsible for seeing if there is enough evidence for a trial; required in all federal indictments

 

Petit (trial) Jury - Body that a trial makes a determination of fact so that in a criminal case, they decide whether or not the defendant is guilty of a crime. Preponderance of the evidence, the weight of the evidence to one way or the other 

Term
Limited Original Jurisdiction means that:  
Definition
Very few kinds of cases orginiate in the supreme court
Term
Appellate jurisdiction
Definition
Most cases that end up in the supreme court are cases of appeal
Term
Judicial Review
Definition

*Rule of 4 - if 4 judges decide that the case is important, then it is tried

* Writ of Certiorari - a cour order for a case to be brought forward. There has to be a federal question for a writ of cert to be delivered 

Term
Court months of operation  
Definition
early october until june
Term
Decision-making process  
Definition

1. briefs

2. prehearing conference 

3. oral argument - 30 minutes

4. conference - private preliminary vote

5. opinions - the majority opinion is written by either the chief justice of most senior justice 

Term
Amicus Curiae Briefs
Definition
(friend of the court) Third-parties not directly involved in the case, but it is a way for them to lobby if the issue is important to them
Term
Solicitor General
Definition
Argues the case if the government is invloved
Term
Amendment 4
Definition
Protection against unreasonable search and seizures, without a warrant issued upon probable cause; warrant describes exactly where and what is to be seized
Term
Exceptions to the Warrant Requirement
Definition

1. Consent

2. Incident to Arrest

3. Plain View

4. Possible Destruction

5. Vehicle searches

6. Emergencies and Inspections

7. Stop and Frisk (requires reasonable suspicion)

8. Border

9. "good faith"  

 

Term
Amendment 14 
Definition
No state shall deny you equal protection or due process of law
Term
Selective Incorporation
Definition
14th amendment expands implementation of right under the equal protection clause
Term
Amendment 5  rights
Definition

no person shall be held to answer for a crime without indictment from a Grand Jury

 

No double jeopardy

 

cannot be compelled to witness against yourself

 

cannot be deprived of life liberty or property w/o due process of law

 

private property taken for public use will receive just compensation 

Term
Limitations on cross examination
Definition

1. cannot be forced to testity against yourself

2. rape shield laws

3. protecting children

4. immunity- deal cut with prosecuter for more evidence 

Term
Police Warning Established by:
Definition
Miranda vs. Arizona (1966)
Term
Amendment 6 rights
Definition

-right to speedy and public trial

- right to impartial jury

-right to be informed of the nature and cause of accusation

-right to counsel 

Term
Courtcase that extended the right to counsel to indigent defendants in felonies
Definition
Gideon v. Wainwright (1963)
Term
AMENDMENT 8
Definition
Excessive bail shall not be required, nor excessive fines, imposed, not cruel and unusual punishment
Term
Furman v. Georgia (1972)
Definition
required a degree of consistency for adminstering the death penalty and declared rape to not be a capital crime
Term
Gregg v. Georgia (1976)
Definition
Reinstituted the legitimacy of the death sentence where objective sentencing schemes are in place
Term
Changes in handling the death penalty
Definition

separate decision from verdict in the case

only a jury can impose death sentence

jury must address specific questions before imposing death sentence

cannot be administered to the retarded 

Term
Flow of a criminal case
Definition

1. arrest and booking -(probable cause-4th amendment; right against self-incrimination 5th amendment; right to counsel - 6th amendment)

 

2. Initial Appearance - with magistrate at the jail; dertermines if officer has probably cause, bail is set, and a date for a preliminary hearing

 

3.preliminary hearing/grand jury -> indictment; testimony during preliminary hearing can only be mentioned durying the trial upon a descrepency

 

4. arraignment

 

5. Pretrial motions and discovery

-change of venue? - gag orders? - exclusion of certain evidence

defense is trying to stall 

 

6. Trial 

 

7. Sentencing

 

8. Actions following conviction

-appeal

-clemency

-pardon

-habeas corpus- wanting the person the be freed 

Term
Flow of the Trial
Definition

1. Voir dire (jury selection)

-challenges for cause

- preemproty challenges for jury pool

in GA goes from 42 down to 12 with 2 alternates

 

2. Opening Statements

 

3. Prosecution Case

-chance to present evidence

 

4. Defense Case

 

5. Rebuttal

-bring witnessed back for more ?s

 

6. Closing Arguments

-summarize the evidence but skew it towards your side of the case

prosecution usually goes first

 

7. Judge's charge to jury 

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