POLS 1101 Exam 2 GLAS

The Brownlow Report

Report issued in 1937 by the President's Committee on Administrative Management that likened the president to the CEO of a large corporation and concluded that the president needed a professional staff.

Expressed Powers of the Presidency

Powers the Constitution explicitly grants to the president

Implied Powers of the Presidency

The powers granted to a president that are not explicitly listed in the Constitution-- establishing and consulting a Cabinet, executive privilege, executive orders, executive agreements, presidential memorandum, anything that can fall under 'necessary and proper' clause

Executive Orders

A presidential directive to an executive agency establishing new policies or indicating how an existing policy is to be carried out.

"Going Public"

a president's strategy of appealing to the public on an issue, expecting that public pressure will be brought to bear on other political actors

Presidential memorandum

A presidential directive to an agency directing it to alter its administration of policies along lines prescribed in the memorandum. When a presidential memorandum is published in the Federal Register, it assumes the same legal standing of an executive order.

Signing Statement

A statement issued by the president that is intended to modify implementation or ignore altogether provisions of a new law.

State of the Union Address

A message to Congress under the constitutional directive that the president shall "from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient."

War Powers Act

Law that requires the president to inform Congress within forty-eight hours of committing troops abroad in a military action

The Cabinet

The formal body of presidential advisers who head the fifteen executive departments. Presidents often add others to this body of formal advisers.

Electoral College

A body of electors in each state, chosen by voters, who formally elect the president and vice president of the United States. Each state's number of electoral votes equals its representation in Congress; the District of Columbia has three votes. An absolute majority of the total electoral vote is required to elect a president and vice president.

Selective Enforcement

The practice of relying on the judgment of the police leadership and rank-and-file officers to decide which laws to enforce.

Prosecutorial Discretion

The power of a prosecutor to decide whether to charge a defendant and what the charge(s) will be, as well as to gather the evidence necessary to prosecute the defendant in a court of law

Orignial jurisdiction

Court hears and decides a case for the first time

Appellate Jurisdiction

The authority of a court to review decisions made by lower courts

Dissening Opinion

The written opinion of one or more Supreme Court justices who disagree with the ruling of the Court's majority. The opinion outlines the rationale for their disagreement.

Concurring Opinion

A written opinion by a Supreme Court justice who agrees with the decision of the Court but disagrees with the rationale for reaching that decision.

Court of Appeals

The second tier of courts in the federal judicial system (between the Supreme Court and the district courts). One court of appeals serves each of eleven regions, or circuits, plus one for the District of Columbia.

Federal District Court

a general trial court of the federal system

Court-packing (Court-Packing Plan)

An attempt by President Franklin Roosevelt, in 1937, to remodel the federal judiciary. Its purpose ostensibly was to alleviate the overcrowding of federal court dockets by allowing the president to appoint an additional Supreme Court justice for every sitting justice over the age of seventy. The legislation passed the House of Representatives but failed in the Senate by a single vote. If it had passed, Roosevelt could have added six new justices to the high bench, thereby installing a new Court majority sympathetic to his New Deal programs.

Judicial Review

The authority of a court to declare legislative and executive acts unconstitutional and therefore invalid.

Activism

When judges deliberately shape judicial doctrine to conform to their personal view of the Constitution and social policy.

Restraint

The judicial action of defering to the policies emanating from the elected branches in the absence of a clear violation of the Constitution or established doctrine.

Rule of Four

A rule used by the Supreme Court's stating that when four justices support hearing a case the certiorari petition is granted

Writ of Certiorari

An order given by a superior court to an appellate court that directs the lower court to send up a case the superior court has chosen to review. This is the central means by which the Supreme Court determines what cases it will hear.

Writ of Mandamus

"We command." A court-issued writ commanding a public official to carry out a specific act or duty.

Stare Decisis

"Let the decision stand." In court rulings, a reliance on precedents, or previous rulings, in formulating decisions in new cases.

Amicus Curiae

"Friend of the Court." A brief filed in a lawsuit by an individual or group that is not party to the lawsuit but that has an interest in the outcome.

Senatorial Courtesy

An informal practice in which senators are given veto power over federal judicial appointments in their home states.

Standing Committee

a permanent panel in Congress to which bills of similar nature could be sent

Ex: energy, agriculture, transportation

Subcommittee

subdivisions or standing committees that specialize even further

Joint Committees

committees on which both senators and representatives serve

Ex: printing, taxation

Select Committees

a small legislative committee appointed for a special purpose

Ex: water gate scandal, 911

Conference Committee

A temporary committee, composed of House and Senate conferees which is formed for the purpose of reconciling differences in legislation that has passed both chambers.

House Rules Committee (the speaker's committee)

is the mechanism that the speaker uses to maintain control of how legislation proceeds on the floor of the House of Reps

Casework

The activity undertaken by members of Congress and their staffs to solve constituents' problems with government agencies

Cloture

A parliamentary procedure used to close debate. It is used in the Senate to cut off filibusters. Under the current Senate rules, three-fifths of senators, or sixty, must vote for it to halt a filibuster except on presidential nominations to offices other than Supreme Court Justice

Agenda Control

The capacity to set the choices available to others

Filibuster

A tactic used in the Senate to halt action on a bill. It involves making long speeches until the majority retreats. Senators, once holding the floor, have unlimited Tim to speak unless a cloture vote is passed by three-fifths

(sixty) of the members.

Gerrymandering

Drawing legislative districts in such a way as to give one political party a disproportionately large share of seats for the share of votes its candidates win

Vice President

I serve as president of the senate. Although I can't participate in debates, I can vote in case of a tie.

Senate Majority Leader

I have the most powerful position in the senate. I assign bills to committees and appoint, select, and conference committee members.

Senate Minority Leader

I am the leader of the minority part in the senate. I am responsible for resisting programs submitted by the senate.

Senate Majority Whip

I am the majority leader in charge of keeping members informed and supportive of programs in the Senate.

Senate Minority Whip

I am the minority party leader in charge of informing members when important bills are scheduled for a vote.

House Majority Leader

I have control if the dominant party in the house, and I am responsible for enacting our party's programs.

House Minority Leader

I am the leader of the minority party in the house. I am responsible for informing party members and organizing resistance to programs submitted by the majority.

House Majority Whip

As a majority party leader in the house, I exert pressure within the party to vote with the party

House Minority Whip

I am the party leader in the house that assists the minority leader in resisting the majority party's program.

President Pro Temporate

I preside over the senate in the absence of the Vice President. The caucus of the majority party chose me for this position.

Speaker of the House

I have the most powerful position in the House. I assign bills to committees, and appoint, elect, and and conference committee members.

Committee Referral

After being introduced, bills are sent to a standing committee, where >90% of them will die

Open Rule

A provision governing debate of a pending bill and permitting any germane amendment to be offered on the floor of the House.

Closed Rule

An order from the House Rules Committee limiting floor debate on a particular bill and disallowing or limiting amendment.

Restricted Rule

A provision that governs consideration of a bill and that specifies and limits the kinds of amendments that may be made on the floor of the House of Representatives.

Pork Barrel Legislation and Earmarks

Legislation that provides members of Congress with federal projects and programs for their individuals districts

Unanimous Consent Agreement

A unanimous resolution in the Senate restricting debate and limiting amendments to bills on the floor

Two-stage electoral system

President is indirectly elected. A popular vote in each state elects members to the electoral college that in turn elect the president

Stage 1: Primary election; Nominating for a party

Stage 2: General election; Selecting office holders

Geographic Constituency

the geographic area a legislator represents and all the people who live there

Electoral Constituency

the group of people within the geographic constituency that the politician believes voted for him/her

primary constituency

A member of Congress' strongest, mostly partisan supporters.

Divided Government

A term used to describe government when one political party controls the executive branch and the other political party controls one or both houses of the legislature

Unitary Government

A system of government in which a single government unit holds the power to govern the nation (in contrast to a federal system, in which power is shared among many governing units)

Omnibus Legislation

Large bills that often cover several topics and may contain extraneous, or pork-barrel, projects.

Log Rolling

The result of legislative vote trading. For example, legislators representing urban districts may vote for an agricultural bill provided that legislators from rural districts vote for a mass transit bill