executive and judicial branch

inherent powers

powers not described in the Constitution, but that have been claimed by presidents

when are inherent powers used

usually in response to times of emergency or war

executive privilege

right of the president and other high-ranking executive officers to refuse to testify before Congress or a court

what does executive privilege enforce

separation of powers

impeachment

ability of Congress to remove the president from power

who initiates the impeachment process

House of Representatives

who investigates the accusation and makes the vote on impeachment

Senate

head of state

ceremonial head of government

chief executive

implement the laws that Congress passes, appoint federal judges and heads of executive departments and agencies

executive orders

rule issued by the president that has the force of law, without the approval of Congress

pardons

presidential orders that release a person from legal punishment

chief diplomat

main architect of American foreign policy and chief spokesperson to the rest of the world, meets with foreign leaders, appoints ambassadors, and makes treaties (with Senate approval)

commander in chief

control of the nation’s military, responsible for national security

legislative leader

architect of the nation’s public policies, delivers annual State of the Union address to Congress, proposes legislation, signs or vetoes laws passed by Congress, can call Congress into special sessions when necessary

economic planner

appoint economic advisors, meets with business leaders, prepares an annual budget request, and submits economic reports to Congress

party leader

leader of the political party that controls the executive branch, rewards political supporters with positions in government, and help to elect other party members by raising money and campaigning for party members

electoral college

institution that is composed of a set of electors who are chosen to elect a president and vp into office every 4 years

winner-take-all system

candidate who receives the most popular votes in a given state wins all the electoral votes for that state

why was the electoral college created

founders did not trust the average person, did not think they would be informed enough, also did not want to give the power to Congress (too much power in one branch)

how many electors does the electoral college have

538

amount of electoral votes needed to become president

270

primary

event held before an election where members of the same party go to the polls and vote on which candidate they want to see earn their party’s nomination

caucus

event held before an election where members of a political party select delegates to send to the national party convention, where they will also vote to nominate a candidate

cabinet

president’s closest advisors, consisting of the vice president, the secretaries of each of the 15 executive departments, and other top government officials who help the president make decisions and policy

attorney general

head of the Department of Justice

department of state

plans and carries out the nation’s foreign policies

department of the treasury

collects, borrows, spends, and prints money

department of defense

manages the armed forces

department of justice

has responsibility for all aspects of law enforcement

department of the interior

manages and protects the nation’s public lands and natural resources

department of agriculture

assists farmers and consumers of farm products

department of commerce

supervises trade, promotes U.S tourism and business

department of labor

concerned with the working conditions and wages of U.S workers

department of health and human services

works for the health and well-being of all Americans

department of housing and urban development

deals with the special needs and problems of cities

department of transportation

manages the nation’s highways, railroads, airlines, and sea traffic

department of energy

directs an overall energy plan for the nation

department of education

provides advice and funding for schools

department of veteran affairs

directs services for veterans

nomination process for cabinet secretaries

president nominates, senate confirms or rejects

where are the president’s constitutional powers outlined

article II of the constitution

judicial review

the power of courts to say that laws and actions of local, state, or national governments are unconstitutional

criminal trial court

hears cases about crimes like burglary, murder, or duis

civil trial court

hears cases where person/group thinks another person/group should pay for causing harm

adversarial trial system

lawyers for opposing sides argue their case and present witnesses and evidence to the judge and jury, who listen but do not ask questions or gather evidence

inquisitorial trial system

the judge actively gathers and presents evidence

what trial system does the US use

adversarial

critique of adversarial trial system

promotes victory rather than truth or justice

plea bargain

agreement whereby a defendant pleads guilty to a lesser crime than the one with which a defendant was originally charged and in return the government agrees not to prosecute the defendant for the more serious crime

critiques of plea bargains

allows some criminals to get off lightly or give up their rights to a fair trial

gideon v. wainwright

extended policy of providing an attorney to those who could not afford one to state courts as well (burden on the state)

appeal

case is brought before a higher court for review of the decision of a lower court

when are appeals filed

cases having errors of law or violations or procedural due process

procedural due process

fair administration of justice, prevents arbitrary, unreasonable decisions

how does appeals court work

one party presents arguments asking the court to review the decision of the trial court and the other party presents arguments supporting the decision of the trial court and the procedures it followed

stare decisis

latin term meaning “let the decision stand,” refers to the principle that courts should follow precedent

majority opinion

states the reasoning behind the court’s decision

dissenting opinion

states reasons for disagreement with the majority

concurring opinion

outlining different reasons for reaching the majority’s outcome

general jurisdiction

describes the jurisdiction of state courts which are able to hear a wide variety of cases including criminal, family, contract, and juvenile law cases

marbury v madison

established the principle of judicial review

rule of four

unwritten rule declaring that if four of nine justices agree to hear a case, it will be scheduled for argument

solicitor general

government official most often responsible for representing the federal government in court

plessy v ferguson

supreme court ruling that created “separate but equal” facilities

brown v board of education

overturned the plessy v ferguson decision

capital punishment

execution of an offender sentenced to death after conviction by a court of law for a criminal offense

habeas corpus

a way for people who are imprisoned to challenge their confinement

prior restraint

censorship of information before it is published

gag order

order by a judge barring the press from publishing certain types of information about a pending court case

are gag orders constitutional?

deemed too vague in Nebraska Press Association v Stewart (1976)

jim crow laws

any of the laws requiring racial segregation in places like schools, hotels, and public transportation in the South between the end of Reconstruction period to the beginning of the civil rights movement

“the lemon test”

three-part evaluation to decide whether government aid to schools violates the establishment clause

“zone of privacy”

freedom of speech and association + right to have one’s home free of soldiers during peacetime + freedom from unreasonable search and seizure + right to remain silent + unspecified rights kept by the people

eighth amendment

prohibits cruel and unusual punishment

first amendment

protects freedom of speech, religion, press, assembly, and petition, protects people’s right to express themselves without interference from the government and to be able to hold the government accountable

fourth amendment

protects against unreasonable search and seizure

fifth amendment

ensures that the federal government cannot deprive anyone of life, liberty, or property without due process of law

13th amendment

outlawed slavery

14th amendment

grants birthright citizenship, guarantees due process from all state governments, guarantees equal protection of the laws from all state governments

15th amendment

establishes that the right to vote cannot be restricted based on race or color

discrimination

treatment or consideration of, or making a distinction in favor of or against, a person or thing that belongs to a group, class, or category to which that person or thing belongs rather than on individual merit

is affirmative action legal?

yes

are there federal laws prohibiting discrimination based on sexual orientation?

no

illegal discrimination

race, age, disabilities, gender (to some extent)

has the ERA been passed?

no, so it is technically still legal to pass discriminatory laws or unequally enforce laws based on gender

what type of jurisdiction do state courts have?

general jurisdiction

three types of state courts

minor, general trial, appeals

minor court

specialized to deal with specific types of legal issues

general trial court

hears wide range of cases, criminal or civil

appeals court

hears cases appealed from general trials court

federal courts

hear cases involving federal law or the federal constitution

what type of jurisdiction do federal courts have

limited jurisdiction

primary function of the supreme court

resolve disputes arising over the meaning of federal law and the constitution, tries to make sure federal law is uniform

how do cases reach the supreme court

through original jurisdiction, appeals from state court systems, and appeals that come through the federal court system

how does supreme court decide which cases to hear

cases where lower courts have decided the same issue in different ways, cases that raise major questions about the law that will have national impact

when does the supreme court have original jurisdiction

cases involving representative of foreign governments and certain cases in which a state is a party

requirements to become supreme court justice

nominated by the president and confirmed by the senate

process to be nominated supreme court justice

secure nomination from the president, confirmed by the senate judiciary committee and later by the entire senate

judicial restraint

belief that the supreme court should avoid overturning laws passed or actions taken by democratically elected bodies

judicial activism

belief that the supreme court should actively help settle the difficult social and political questions of the day, courts must sometimes step into social and political controversies in order to protect constitutional rights