poli sci 1100 unit 2 vocab

cloture rule

to end filibuster; needs 3/5ths of senate to vote in approval

Gerrymandering

Drawing congressional districts to give an unfair advantage

packing (gerrymandering)

concentrating members of opposite party in one district to weaken opponents in others

cracking (gerrymandering)

spreading members of opposite party out

Baker v Carr

must be a roughly same number of people in a congressional district

Miller v johnson

Limits the drawing of districts to encourage minority reps

vesting clause

exec power shall be vested in president of U.S

take care/faithful clause

he shall take care that the law be faithfully executed

prerogative power

extraordinary powers that a president may have under certain conditions

Signing statement

says how president understands the bill and outlines his plans to enact it

cabinet

heads of major gov't depts.

WH staff

close advisors to the president

exec office of the president

management/ policy tasks for president

indep. agencies

rule making power that's outside of presidential control, president often nominates

executive privillage

legal doctrine that some communication by president and his advisors can be kept confidential from congress and judiciary except in criminal investigations

whig model

restrained presidential powers, president should only use powers explicitly granted in constitution

stewardship model

theory of robust, broad presidential powers, idea that president is only limited by explicit restrictions in constitution

modern presidency

period when president becomes central figure in american politics and participates actively in foreign/domestic policy

unitary executive theory

all exec power inheres in the president except as explicitly limited by the constitution

war powers resolution

a resolution of congress that the president can send troops into action abroad only by auth of congress or if U.S. troops are already under attack/serious threat

executive agreement

an agreement made between president and other country that has force of treaty but doesn't need senate "advise/consent"

executive order

rule/regulation issued by president that has effect/formal status of legislation

signing statement

announcements made by president when signing bills to law, often interpreting presidents interpretation of law

Bureaucracy

departments, offices, agencies in executive branch who carry out/ make policy (bureaucrats)

information asymmetry

Agent has info that principal does not

1883 Pendleton civil service reform act

most federal gov't jobs should be distributed by merit rather than party loyalty

progressive era

cross party movement towards economic and political reform response to urbanization/ industrialization

regulations

rules made by executive branch based on congressional delegation of authority

hatch act of 1939

federal law limiting participation of federal employees in partisan politics

iron triangle

tight relationships between employees in gov't agencies, interest groups, and legislators and staff members who work together behind the scenes to shape law/ public policy

issue networks

a more open theory of bureaucracy incorporating idea from experts outside gov't

departments

broad policy realms, usually headed by secretary, who serve in cabinet

indep agency

outside of department structure, reports to president; NASA/EPA

regulatory agencies

not under day to day control of the president monitors private actors and set regulations

gov't corporation

performs a service, raises some its own revenue via fees

contemporary issue

most of our agencies are already founded and have a culture

Devolution

policy to remove a program from one level of gov't by delegating it and passing it down

Privitization

allowing private company to perform a task for gov't

judicial review

power of the courts to review and declare actions of legislative branch invalid/ unconstitutional PRN

criminal law

branch of law that regulates conduct of indiv., defines crimes and specifies punishment for proscribed conduct

guilty conviction standard

beyond reasonable doubt

civil law

branch of law that doesn't involve criminal penalties, more about damages/ $$

liability standard

more likely than not

supreme court

appellate court reviews decisions about law that've been made in U.S. court of appeals

court of appeals

appellate court reviews law, not facts (13 circuits)

district/trial courts

find facts, usually the OG jurisdiction

trial courts

jury/bench trials

bench trial

just judge serves as the jury and hears the case

plea bargain

negotiated argument in a criminal case in which a defendant agrees to plea guilty in return for states agreement to reduce severity of criminal charges/prison sentence

tort case

lawsuit demanding compensation for harm (where there is no prior contact usually)

class action lawsuit

legal action where indiv/ small group with common interests can file suit on behalf of everyone who is in group

writ of certiorari

decision of an appeals court to review a lower courts decision (typically needs 4/9 supreme court justices)

briefs

written docs in which attorneys present position using precedents (why court should be in favor of client)

oral arguments

attorneys present positions and answer questions from judges

amious curaie

friend of the court; group not part of the party, but files brief to assist the court

opinions

decisions made by appellate court

majority opinion

an explanation of decision of court; sets precedent

concuring opinion

agrees with the decision, but states a different/ additional reason

dissent

expresses disagreement with majorities decision

judicial restraint

dont go beyond words of constitution

judicial activism

go beyond constitution, considers broader societal implications

habeas courpus

court order demanding an indiv in custody be brought into court and shown cause for detention

selective incorporation

process by which different protections in bill of rights were incorporated into 14th amendment thus guaranteeing citizens protections from state/nat'l gov'ts

establishment clause

congress shall make no law respecting an establishment of a religion

free exercise clause

first amendment clause that protects a citizens right to believe and practice whatever religion he or she chooses

accommodationist (1st amend)

approach to establishment clause of 1st amendment that would permit gov't financial support/sponsorship of religious practices like school prayer

separationist (1st amend)

approach to establishment clause which requires "wall of separation" between church and state

strict scrutiny

test used to determine whether speech is protect/unprotected

fighting words

speech that directly initiates damaging conduct; often doesnt get same protection as regular speech

prior restraint

effort by gov't to prohibit publication of info/viewpoints; generally viewed as violation of 1st amendment by court

Civil rights

Obligation imposed on government to take positive action to protect citizens from any illegal action of government/private citizens

Equality of condition

Valuing equal economic status, housing, healthcare, education, and government services

Equality of opportunity

Seeks to provide all citizens with opportunities for participation in economic system or public life but is prepared to accept an equal results

Abolitionist movement

Social or political effort to end slavery everywhere

Women suffrage

Fight to win right to vote for women in US; began in Seneca Falls Convention in eighteen forty eight

Thirteenth amendment

abolish slavery

Fourteenth Amendment

Equal protection or right to due process of law

Fifteenth amendment

Right to vote can't be denied on basis of sex

Equal protection clause

Provision of Fourteenth Amendment guaranteeing citizens equal protection of the laws; basis for civil rights of African-Americans, women, et cetera

Separate but equal clause

Doctrine that public accommodations could be segregated by race but still considered Equal

Jim crow laws

Laws enacted by southern states following reconstruction that discriminated against African Americans

de-jure segregation

Racial segregation mandated by laws or policies but created by government

de-facto segregation

Segregation often presumed to occur for voluntary reason but may be resolved of discriminatory actions

Civil Rights Act of 1964

Outlaws discrimination based on race, color, religion, national origin, including public accommodations

Voting Rights Act of 1965

Prohibits racial discrimination and voting including section five preclearance requirement for any voting changes for same jurisdictions

Being done in a rational way to advance legitimate government interests

Government must have a compelling reason such as the highest level used for fundamental freedoms like religion or speech