TERMS American Gov Exam 2

authorizing committees

House and Senate committees that develop or authorize particular policies or programs through legislation.

casework

refers to the direct assistance that members of Congress or their staff provide to constituents who need something from a federal agency or department.

cloture

A vote, requiring a 60-vote majority, is the only way to halt a filibuster in the Senate.

Committee of the Whole

House convened under a set of rules that allows limitations on debate and amendment and lowers the quorum required to do business from 218 to 100 to facilitate speedier action.

conference committees

Committees composed of members of the House and Senate charged to resolve differences between the House and Senate versions of a bill.

delegate

A view of representation that sees the representative’s principal role as reflecting the views and protecting the interests of his or her own constituents

filibuster

Senators enjoy the right of unlimited debate. Use of unlimited debate by a senator to stall or block the passage of legislation is called a filibuster.

gerrymander

Refers to the strange shape of some congressional districts that result when parties draw districts intended to maximize their political advantage.

joint committees

Congressional committees made up of members of both the House and the Senate and assigned to study a particular topic.

legislative supremacy

The idea is that the lawmaking authority in government should be supreme over the executive and judicial powers.

politico

A view of representation that sees representatives following constituent opinion when that is clear and his or her own judgment or political interest when constituency opinion is amorphous or divided.

popular sovereignty

the idea that all legitimate governmental authority comes from the people and can be reclaimed by them if the government becomes neglectful or abusive.

pork barrel politics

usually refers to spending for specially targeted local projects, acquired by a congressman or senator outside the regular appropriations process.

power committees

House and Senate committees that deal with taxing, spending, and control of the legislative agenda.

reciprocity norm

Congressional norm promising that if members respect the views and expertise of members of other committees, their committee expertise will be respected as well.

redistricting

The redrawing of congressional district boundaries after each census.

referral

The process by which a bill is referred or assigned to a standing committee for initial consideration.

Rules Committee

Committee that writes rules or special orders that set the conditions for debate and amendment of legislation on the floor of the House.

select committees

Temporary committees of the Congress that go out of business once they complete their work or at the end of each Congress unless specifically renewed.

seniority norm

The norm that holds that the member of a congressional committee with the longest continuous service on the committee shall be its chair.

specialization norm

The norm that encourages Congress members to specialize and develop expertise in the subject matter covered by their committee assignments.

standing committees

Permanent committees of the Congress enjoying fixed jurisdiction and continuing automatically from one Congress to the next.

trustee

A view of representation that says representatives should listen to their constituents but use their own expertise and judgment to make decisions about public issues.

unanimous consent

Legislative device by which the Senate sets aside its standard rules for a negotiated agreement on the order and conduct of business on the floor. Plays roughly the same role as rules or special orders in the House.

unitary executive theory

Strong presidency theory holding that the president embodies executive authority and is the sole judge, particularly in wartime, of what is required to protect the nation and its people.

Electoral College

An institution created by the Federal Convention of 1787 to select the president.

reprieve

A temporary postponement of the effect of a judicial decision to give the executive time to consider a request for a pardon.

pardon

A pardon makes the recipient a new person in the eyes of the law as if no offense had ever been committed.

veto power

The president has the right to veto acts of Congress. The act can still become law if both houses pass the bill again by a two- thirds vote.

appointment power

Article II, section 2, of the Constitution empowers the president, often with the advice and consent of the Senate, to appoint many senior government officials.

treaty-making power

Article II, section 2, of the Constitution gives the president, with the advice and consent of the Senate, the power to make treaties with foreign nations.

executive agreements

Agreements negotiated between the president and foreign governments. Executive agreements have the same legal force as treaties but do not require confirmation by the Senate

executive privilege

The right of presidents, recognized by the Supreme Court, to keep conversations and communications with their advisers confidential.

impeachment

The process of removing national government officials from office. The House votes a statement of particulars or charges, and a trial is conducted in the Senate.

inherent powers

Powers accruing to all sovereign nations, whether or not specified in the Constitution, allowing executives to take actions required to defend the nation and protect its interests.

War Powers Resolution

Passed in Congress in 1973 requiring the president to consult with Congress on the use of force and to withdraw U.S. forces from conflict should congressional approval not be forthcoming.

cabinet

The secretaries of the fifteen executive departments and other officials designated by the president, available to consult with the president.

Executive Office of the President (EOP)

Established in 1939, the EOP houses the professional support personnel working for the president.

Office of Management and Budget (OMB)

Part of the Executive Office of the President that provides budgetary expertise, central legislative clearance, and management assistance to the president.

National Security Council (NSC)

Part of the Executive Office of the President, established in 1947, that coordinates advice and policy for the president on national security issues.

bureaucracy

A hierarchical organization in which offices have specified missions and employees are assigned responsibilities based on merit, knowledge, and experience.

patronage

The awarding of political jobs or contracts based on partisan ties instead of merit or expertise.

Pendleton Act

was the original legislation establishing the civil service system.

civil service system

Rules governing the hiring, advancement, pay, and discipline of civilian federal employees.

Interstate Commerce Commission (ICC)

First independent regulatory commission established in 1887 to develop, implement, and adjudicate fair and reasonable freight rates.

regulatory commissions

Commissions headed by bipartisan boards are charged with developing, implementing, and adjudicating policy in their area of responsibility.

spoils system

The patronage system was prominent between 1830 and 1880 in which strong political parties struggled for control of Congress and the presidency with the winner taking the bureaucracy and its jobs as a prize.

Administrative Procedures Act (APA)

Passed in 1946, the APA remains the single most important attempt by Congress to define the nature and process of bureaucratic decision making

rule making

Process of defining rules or standards that apply uniformly to classes of individuals, events, or activities.

administrative adjudication

Procedures designed to allow resolution of complex issues based on specific facts rather than general rules.

implementation

the process of making a program actually work in the real world.

civil code

Legal tradition that envisions a complete and fully articulated legal system based on clear statutes that lay out legal principles and commands in plain language that citizens can understand and obey.

common law

judge-made law, as opposed to a fully integrated legal code, developed over time as judges consider particular legal disputes, and then future judges cite earlier decisions in resolving similar issues.

Bonham’s Case

(1610) British case in which Sir Edward Coke, chief justice of the King’s Bench, laid the foundation for judicial review.

precedent

A judicial decision that serves as a rule or guide for deciding later cases of a similar nature.

stare decisis

The judicial principle of relying on past decisions or precedents to devise rulings in later cases.

criminal law

prohibits certain actions and prescribes penalties for those who engage in the prohibited conduct.

civil law

deals primarily with relations between individuals and organizations, as in marriage and family law, contracts, and property. Violations result more in judgments and fines than punishment as such.

justiciability

Some that an issue or dispute is appropriate for or subject to judicial resolution.

Judiciary Act of 1789

Originating act for the federal judiciary passed by the first Congress.

judicial review

Power of any federal court to hold any law or official act based on law to be unenforceable because it is in conflict with the Constitution.

substantive due process

Late nineteenth-century Supreme Court doctrine holding that most attempts to regulate property were violations of due process.

district courts

The ninety-four general trial courts of the federal judicial system.

courts of appeals

Thirteen courts that form the intermediate level of the federal judicial system and hear appeals of cases tried in the federal district courts.

Supreme Court

The high court or court of last resort in the American judicial system.

original jurisdiction

Mandatory jurisdiction of the Supreme Court as laid out in Article III of the Constitution.

appellate jurisdiction

Substantive area in which a higher court may hear cases appealed from a lower court.

writ of certiorari

Judicial instrument that makes a formal request that a case be reviewed by a higher court.

rule of four

Four justices must approve a writ of certiorari before a case will be heard on appeal before the Supreme Court.

oral argument

The opportunity in a case before the Supreme Court for the opposing lawyers to present their legal arguments orally.

briefs

Written arguments prepared by lawyers in a case outlining their view of the relevant law and the decision that should be rendered based on the law.

amicus curiae brief

An argument filed with the court by a party interested in a case but not directly involved in it as a contending party. Amicus curiae is Latin for “friend of the court.”

opinion

Written finding or decision of a court.

affirm

Action of a higher court supporting the decision of a lower court.

reverse

Action by a higher court to overturn the decision of a lower court.

remand

To send a case back to a lower court for further consideration.

senatorial courtesy

Expectation that the president will clear federal district court judgeship appointments with senators of his party from the state in which the judge will serve

confirmation hearing

Setting in which nominees for federal judicial posts appear before the Senate Judiciary Committee to respond to questions from the members.

judicial activism

Active policymaking by courts, especially in sensitive cases such as desegregation and abortion.

judicial restraint

The idea that courts should avoid policymaking and limit themselves to implementing legislative and executive intent.

Unitary Executive Theory

asserts that the President is the sole authority within the executive branch, and attempts to limit the President's authority are unconstitutional.

Historical Origins of Executive Power

The Founding Fathers drew from experiences with colonial governors and European monarchs to shape the presidency's powers.

Constitutional Bases of Presidential Authority

Presidential authority is defined by various constitutional provisions, including reprieves, pardons, proposing legislation, veto power, the "take care" clause, appointment power, treaty-making, foreign affairs, and commander-in-chief status.

Checks and Balances

The Constitution establishes a system involving Congress and the judiciary to limit and oversee presidential authority.

 Chief Legislator

The President plays a central role in the legislative process, delivering the State of the Union address, vetoing legislation, signing bills into law, issuing executive orders, and using the "bully pulpit" to influence Congress.

Party Leader

President mobilizes party supporters, endorses candidates, and influences party priorities.

 Chief Diplomat

The President shapes U.S. foreign policy, negotiates treaties, enters executive agreements, manages diplomatic representation, and responds to international crises.

Chief Economic Leader

Sunshine Laws

Laws that promote transparency in government by requiring public access to government meetings, records, and information.