federal government exam 4

amicus curiae

literally a "friend of the court" and used for a brief filed by someone who is interested in but not party to a case

appellate court

a court that reviews cases already decided by a lower or trial court and that may change the lower court's decision

appellate jurisdiction

the power of a court to hear a case on appeal from a lower court and possibly change the lower court's decision

associate justice

a member of the Supreme Court who is not the chief justice

brief

a written legal argument presented to a court by one of the parties in a case

chief justice

the highest-ranking justice on the Supreme Court

circuit courts

the appeals (appellate) courts of the federal court system that review decisions of the lower (district) courts; also called courts of appeals

civil law

a non-criminal law defining private rights and remedies

common law

the pattern of law developed by judges through case decisions largely based on precedent

concurring opinion

an opinion written by a justice who agrees with the Court's majority opinion but has different reasons for doing so

conference

closed meeting of the justices to discuss cases on the docket and take an initial vote

courts of appeals

the appellate courts of the federal court system that review decisions of the lower (district) courts; also called circuit courts

criminal law

a law that prohibits actions that could harm or endanger others, and establishes punishment for those actions

dissenting opinion

an opinion written by a justice who disagrees with the majority opinion of the Court

district courts

the trial courts of the federal court system where cases are tried, evidence is presented, and witness testimony is heard

docket

the list of cases pending on a court's calendar

dual court system

the division of the courts into two separate systems, one federal and one state, with each of the fifty states having its own courts

judicial activism

a judicial philosophy in which a justice is more likely to overturn decisions or rule actions by the other branches unconstitutional, especially in an attempt to broaden individual rights and liberties

judicial restraint

a judicial philosophy in which a justice is more likely to let stand the decisions or actions of the other branches of government

judicial review

the power of the courts to review actions taken by the other branches of government and the states and to rule on whether those actions are constitutional

majority opinion

an opinion of the Court with which more than half the nine justices agree

Marbury v. Madison

the 1803 Supreme Court case that established the courts' power of judicial review and the first time the Supreme Court ruled an act of Congress to be unconstitutional

oral argument

words spoken before the Supreme Court (usually by lawyers) explaining the legal reasons behind their position in a case and why it should prevail

original jurisdiction

the power of a court to hear a case for the first time

precedent

the principles or guidelines established by courts in earlier cases that frame the ongoing operation of the courts, steering the direction of the entire system

Rule of Four

a Supreme Court custom in which a case will be heard when four justices decide to do so

senatorial courtesy

an unwritten custom by which the president consults the senators in the state before nominating a candidate for a federal vacancy there, particularly for court positions

solicitor general

the lawyer who represents the federal government and argues some cases before the Supreme Court

stare decisis

the principle by which courts rely on past decisions and their precedents when making decisions in new cases

trial court

the level of court in which a case starts or is first tried

writ of certiorari

an order of the Supreme Court calling up the records of the lower court so a case may be reviewed; sometimes abbreviated cert.

amendatory veto

a veto that allows a governor to send a bill back to the legislature with a message requesting a specific amendment

charter

a document that provides a framework and detailed account of local government responsibilities and areas of authority

commission system

an elected commission that serves as the governing body within a given county

consecutive term limits

caps allowing a member of the legislature to serve for only a specified period of time in either the state house or senate and forcing a wait before the member can run again

council-administrator system

an elected council that appoints an administrator to oversee the operation of the county government

council-elected executive system

a county government in which voters elect both the members of the council and the executive

council-manager system

a structure of government in which elected members of the city council appoint a city manager to carry out administrative functions

delegate legislator

a legislator who represents the will of those who elected the legislator to office and acts in their expressed interest, even when it goes against a personal belief about what is ultimately in the constituency's best interest

Dillon's Rule

a legal principle that holds state power and actions above those of local governments and declares state governments to be sovereign relative to local governments

expressed powers

those powers specifically provided to the Congress and the president in the U.S. Constitution

formal powers

those powers a governor may exercise that are specifically outlined in the state constitution or state law

home rule

principle that provides local governments some degree of independence from the state government, typically detailed in a charter

implied powers

those powers not specifically detailed in the U.S. Constitution but inferred as necessary to achieve the objectives of the national government

individualistic political culture

a culture that views the government as a mechanism for addressing issues that matter to individual citizens and for pursuing individual goals

lifetime ban

a rule that members can serve only one time in the state legislature for the number of years allotted and may not run again

line-item veto

a state governor's ability to strike out a line or individual portions of a bill while letting the remainder pass into law

mayor-council system

a structure of government in which both city council members and the mayor are elected by voters

moralistic political culture

a culture that views the government as a means to better society and promote the general welfare

pardon

a governor's action to absolve someone of blame for a crime and secure their release from prison

reduction veto

a governor's authority to reduce the amount budgeted in a piece of legislation

term limits

rules that restrict the length of time a member can serve in the state legislature

traditionalistic political culture

a culture that views the government as necessary to maintaining the existing social order or the status quo

trustee

an officeholder who believes they were elected to exercise judgment and to know best by virtue of having the time and expertise to study and understand an issue

bottom-up implementation

a strategy in which the federal government allows local areas some flexibility to meet their specific challenges and needs in implementing policy

Congressional Budget Office

the congressional office that scores the spending or revenue impact of all proposed legislation to assess its net effect on the budget

debt

the total amount the government owes across all years

deficit

the annual amount by which expenditures are greater than revenues

discretionary spending

government spending that Congress must pass legislation to authorize each year

distributive policy

a policy that collect payments or resources broadly but concentrates direct benefits on relatively few

entitlement

a program that guarantees benefits to members of a specific group or segment of the population

excise taxes

taxes applied to specific goods or services as a source of revenue

free-market economics

a school of thought that believes the forces of supply and demand, working without any government intervention, are the most effective way for markets to operate

Keynesian economics

an economic policy based on the idea that economic growth is closely tied to the ability of individuals to consume goods

laissez-faire

an economic policy that assumes the key to economic growth and development is for the government to allow private markets to operate efficiently without interference

libertarians

people who believe that government almost always operates less efficiently than the private sector and that its actions should be kept to a minimum

mandatory spending

government spending earmarked for entitlement programs guaranteeing support to those who meet certain qualifications

Medicaid

a health insurance program for low-income citizens

Medicare

an entitlement health insurance program for older people and retirees who no longer get health insurance through their work

policy advocates

people who actively work to propose or maintain public policy

policy analysts

people who identify all possible choices available to a decision maker and assess the potential impact of each

progressive tax

a tax that tends to increase the effective tax rate as the wealth or income of the tax payer increases

public policy

the broad strategy government uses to do its job; the relatively stable set of purposive governmental behaviors that address matters of concern to some part of society

recession

a temporary contraction of the economy in which there is no economic growth for two consecutive quarters

redistributive policy

a policy in which costs are born by a relatively small number of groups or individuals, but benefits are expected to be enjoyed by a different group in society

regressive tax

a tax applied at a lower overall rate as individuals' income rises

regulatory policy

a policy that regulates companies and organizations in a way that protects the public

safety net

a way to provide for members of society experiencing economic hardship

Social Security

a social welfare policy for people who no longer receive an income from employment

supply-side economics

an economic policy that assumes economic growth is largely a function of a country's productive capacity

top-down implementation

a strategy in which the federal government dictates the specifics of public policy and each state implements it the same exact way

balance of power

a situation in which no one nation or region is much more powerful militarily than any other in the world

balance of trade

the relationship between a country's inflow and outflow of goods

Cold War

the period from shortly after World War II until approximately 1989-1990 when advanced industrial democracies divided behind the two superpowers (East: Soviet Union, West: United States) and the fear of nuclear war abounded

congressional executive agreement

an international agreement that is not a treaty and that is negotiated by the president and approved by a simple majority of the House and Senate

containment

the effort by the United States and Western European allies, begun during the Cold War, to prevent the spread of communism

diplomacy

the establishment and maintenance of a formal relationship between countries

economic sanction

a situation in which a country or multiple countries suspend trade or other financial relationships with another country in order to signal their displeasure with the behavior of the other country

foreign policy

a government's goals in dealing with other countries or regions and the strategy used to achieve them

free trade

a policy in which a country allows the unfettered flow of goods and services between itself and other countries

hard power

the use or threat of military power to influence the behavior of another country

isolationism

a foreign policy approach that advocates a nation's staying out of foreign entanglements and keeping to itself

liberal internationalism

a foreign policy approach of becoming proactively engaged in world affairs by cooperating in a community of nations

neo-isolationism

a policy of distancing the United States from the United Nations and other international organizations, while still participating in the world economy

neoconservatism

the belief that, rather than exercising restraint, the United States should aggressively use its might to promote its values and ideals around the world

North Atlantic Treaty Organization (NATO)

a cross-national military organization with bases in Belgium and Germany formed to maintain stability in Europe

protectionism

a policy in which a country does not permit other countries to sell goods and services within its borders or charges them very high tariffs (import taxes) to do so

selective engagement

a policy of retaining a strong military presence and remaining engaged across the world

soft power

nonmilitary tools used to influence another country, such as economic sanctions

sole executive agreement

an international agreement that is not a treaty and that is negotiated and approved by the president acting alone