polisci test 2

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77 Terms

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What are the 4 types of committees?

Standing Committees, Joint committees, select committees, and conference committees

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Standing Committee?

permanent committees with responsibility for a particular areas of public policy

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Role:

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They are the most common type of committee and are where most of the detailed work on bills takes place.

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joint committees?

composed of members from both houses, which perform advisory functions

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Role: They focus on specific policy areas like taxation or economic issues, or handle housekeeping tasks for Congress

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select committees?

Temporary committees created for a specific purpose, often to investigate a particular issue or event, but, unlike the standing committees, do not create legislation

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Role:

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They usually have a limited lifespan and are disbanded once their task is complete

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conference committee?

formed temporarily for the sole purpose of negotiating a particular bill

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Role:

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They work to create a single, compromise version of the bill that can be sent back to both chambers for a final vote

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mark up of a bill

to change its content

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filibuster

tactic in US Senate where legislators prevent a bill from coming to a vote by holding the floor and talking until the majority gives in and the bill is withdrawn, "talking a bill to death"

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cloture

a parliamentary maneuver that, if a three-fifths majority votes for it, limits Senate debate to 30 hours and has the effect of defeating a filibuster..

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Think of it as the vote to end a debate

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pork

when a politician uses government money to fund a local project in their home district or state. It is often attached as an "earmark" to a larger, unrelated bill.

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How to override a veto

to become a law 2/3 vote in both house and senate is required

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how many people are in congress

535 members: Representatives-435 Senate-100

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what affects a presidents power

Checks and balances

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How the president's role from the founding to today has changed

evolving from a figure with limited, constitutionally defined powers to the head of a massive and influential executive branch. This development owes largely to the legacy of strong presidents and to domestic and international developments that have increased the need for executive leadership

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What did Hamilton argue in Federalist #69 about war?

the U.S. President's power regarding war is strictly limited and inferior to that of the British monarch. He made this case to assure anti-Federalists that the new executive would not become an "elected king" with unchecked military power.

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whig theory and stewardship theory

The Whig theory advocates for a limited, constrained presidency, while the stewardship theory supports a strong, assertive presidential role.

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Formal requirements for President

35 years old, lived in country 14 years, natural born U.S. citizen

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Five roles of the president

chief of state, chief executive, chief administrator, chief diplomat, commander in chief

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the parts of the executive office of the president

-White house office which serves the president most directly and includes the communication office, office of the press secretary, and officde of legislative affairs

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  • office of Management and budget
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-national security council

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-national economic council

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Plum book

United States Government Policy and Supporting Positions is a book that lists positions in the United States government that are subject to political appointment.

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When is the census taken?

every 10 years

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What do we do with the census

used to determine the number of seats each state has in the House of Representatives and to guide federal funding

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honeymoon period

the time following an election when a president's popularity is high and congressional relations are likely to be productive

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what factors drive the success of a president

The backing of the american people

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How does impeachment work?

The House: votes on whether the accused ought to be impeached

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If a simple majority votes for the impeachment the matter proceeds to the Senate

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The Senate: hears evidence and votes to convict and forcibly remove the person from office (2/3rds vote required to convict)

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War Powers Act

federal law intended to restrict the U.S. president's power to engage in military conflict without congressional approval

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citizens united case

established that corporations and unions have the same free speech rights as individuals and that the government cannot restrict their independent political spending

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requirements for judges

No age, residency, or citizenship requirements. Nor do they require legal training, although by tradition they do have it

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how are judges selected

nominated by the president and confirmed by the senate

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original jurisdiction

The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.

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writ of certiorari

a request to lower court to submit to the court a record of the case.

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ie. legal order from a higher court, most commonly the U.S. Supreme Court, to a lower court, requesting all the records for a case so the higher court can review it

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how many cases does SCOTUS hear a year

70-100 cases

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Majority Opinion/Opinion of the Court

The official decision of the court, agreed to by more than half of the judges.

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It explains the court's rationale and sets the legal precedent for future cases.

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Can be unanimous, meaning all judges agree, or just a majority.

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concurring opinion

Written by a judge who agrees with the majority's outcome but for different reasons.

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Allows a judge to express their own legal reasoning

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dissenting opinion

Written by a judge or judges who disagree with the majority's decision.

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It does not create binding precedent but can be cited as persuasive authority in the future.

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plurality opinion

Agreed to by the largest number of judges, but not enough to be a majority.

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Often arises when the court cannot agree on a single rationale for a decision, even though there is a majority in favor of the outcome.

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Per curiam opinion

A decision issued by the court as a whole without identifying an individual author.

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Often used for routine or summary cases and may be issued without oral argument.

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district courts

the lowest federal courts; federal trials can be held only here

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courts of appeals

federal courts that hear appeals from district courts; no trials

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Supreme Court

the highest federal court in the United States

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stare decisis

means courts should follow precedents—decisions made in previous cases—to

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Precedent (stare decisis)

a previous decision or ruling that, in common law tradition, is binding on subsequent decisions

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ages for congress

House of Representatives: Members must be at least 25 years old.

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Senate: Members must be at least 30 years old.

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amicus curiae

A Latin term meaning "friend of the court." Refers to interested groups or individuals, not directly involved in a suit, who may file legal briefs or oral arguments in support of one side.

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second most powerful to the president

vice president

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who should hold the administrative state accountable

congress

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Federalist 78 (Hamilton)

Judiciary branch isn't too powerful because it doesn't have the power of the purse or sword; can't tax, enforce laws, or bring the nation to war

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Tinker v. Des Moines

Students have the right to symbolic speech at school as long as it is not disruptive

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Engel v. Vitale

banned formal prayer in schools, government would not make any religion the 'official' religion.

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Abington School District v. Schempp

(1963) Prayer in classrooms was determined to be in violation of the First Amendment.

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Wisconsin v. Yoder

Amish children do not have to go to school until they are 16---they may stop after the 8th grade

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Boy Scouts of America v. Dale

A private organization may ban gays from its membership

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Santa Fe Independent School District v. Doe

students may not lead prayers before the start of a football game at a public school

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Kennedy v. Bremerton School District

supreme court sided with a public-school football coach who demanded the right to pray with his players after games at the 50-yard-line. The decision significantly erodes the separation of church and state in public schools

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Carson v. Makin

travel aid for students attending religious schools