Exam 2 Study Guide: Legislatures, Executives, and the Judiciary

Vocabulary flashcards covering state legislatures, executive powers and functions, and judicial decision-making and court structures based on the Exam 2 Study Guide.

Bicameralism

A legislative system in which the legislature is divided into two separate branches or chambers (an upper senate and a lower house).

Unicameralism

A legislative structure consisting of a single legislative branch.

Oversight

The authority of the legislative branch to monitor the executive branch and ensure programs are being implemented consistent with legislative intent.

Delegate Model

A legislative behavior where policymakers act as a 'mouthpiece' and respond directly to the immediate concerns of the people.

Trustee Model

A legislative behavior where elected officials rely on their own independent judgement and expertise to make policy decisions.

Redistricting

The redrawing of geographical boundaries of political districts conducted every $10$ years following the census to account for population shifts and growth.

Apportionment

The distribution of the $435$ seats in the U.S. House of Representatives among the $50$ states based on population changes every $10$ years, with each state guaranteed at least one seat.

Gerrymanders

The manipulation of electoral district boundaries to provide one political party or incumbent with an unfair electoral advantage.

Cracking

A gerrymandering method that splits opposing voters across multiple districts to dilute their voting strength.

Packing

A gerrymandering method that concentrates opposing voters into a single electoral district to reduce their influence across other districts.

Malapportionment

An uneven or unconstitutional distribution of voters among legislative districts with significantly different population sizes, undermining the principle of 'one person, one vote.'

Baker v. Carr (1962)

A Supreme Court ruling establishing that federal courts possess the jurisdiction to review lawsuits challenging how states draw electoral district boundaries.

Reynolds v. Sims (1964)

A Supreme Court ruling that the Equal Protection Clause of the 14th Amendment requires both chambers of a bicameral state legislature to be apportioned on a population basis.

Majority-Minority Districts

Electoral districts in which a racial minority group comprises the majority of the total or voting-age population, historically required under the Voting Rights Act of 1965.

OARS

A motivational interviewing framework used in behavioral counseling consisting of Open-ended questions, Affirming responses, Reflective listening, and Summarizing to facilitate dialogue.

Ward Elections

Local elections in which a municipality or district is divided into smaller geographic areas called wards, each electing its own representative to a local council.

Large Elections

Local elections where a single representative is elected at-large by the entire district.

Proactive Decisions

Actions taken by lawmakers that anticipate future problems, trends, or opportunities prior to a crisis through long-term planning and risk prevention.

Reactive Decisions

Legislation enacted strictly in response to an existing disaster, public outcry, or judicial ruling.

Plural Executive System

An executive structure in which power is fragmented among multiple independently elected officials rather than consolidated under one chief executive.

Unitary Executive System

A constitutional law ideology grounded in Article 2 of the U.S. Constitution that vests all federal executive power in the President.

Chief of Staff

The most vital member of the governor's staff who manages and controls access to the governor from legislators, department heads, and the public.

Formal Executive Powers

Executive authorities explicitly stated and granted within a constitution, such as appointment, budgetary, and veto powers.

Informal Executive Powers

Extraconstitutional tools utilized by an executive to steer policy, such as communication, persuasion, popular support, and staff leverage.

Formal Veto

A constitutional executive power that rejects an entire legislative bill.

Pocket Veto

An informal veto executed when an executive withholds either approval or disapproval of a bill following legislative adjournment.

Line-Item Veto

An executive mechanism that allows a governor to reject specific items or provisions in a bill without rejecting the entire measure.

Traditional Line-Item Veto

A veto authority limited exclusively to appropriation bills that allows a governor to eliminate specified funding provisions.

Reduction Line-Item Veto

A line-item veto power allowing a governor to lower the amount of funding allocated in an appropriation bill.

Amendatory Line-Item Veto

A veto wherein the governor returns a bill with an attached message recommending specific alterations for legislative consideration.

Impeachment Process

A legislative removal procedure initiated by a simple majority vote in the House, followed by a trial in the Senate requiring a $\frac{2}{3}$ supermajority vote to convict and remove.

Pardon Process

An act of executive clemency that forgives a state criminal conviction, restores civil liberties, and removes legal barriers for the individual.

Commutation Process

An exercise of executive clemency that shortens or lessens a criminal sentence.

Executive Orders

Official directives issued by an executive that carry the force of law to guide the actions of the bureaucracy, typically limited in legal scope.

Spoils System

A patronage practice where the victorious political party awards public administration jobs to its supporters and allies.

Dual Court System

The structural division of judicial authority between federal and state courts across trial, appellate, and supreme court levels.

Public Defender

A court-appointed defense attorney designated to represent indigent defendants unable to afford private legal counsel.

Prosecutor

An attorney representing the public and government in criminal court proceedings, wielding discretion over charging and enforcement.

Petit Jury

A sworn panel of ordinary citizens tasked with rendering the final verdict of guilt or innocence in a trial.

Grand Jury

A judicial body convened to evaluate evidence and determine if sufficient probable cause exists to issue a formal criminal indictment.

Plea Bargain

A negotiated settlement between a defendant and prosecutor where the defendant pleads guilty to receive reduced charges or sentences.

Prejudicial Error

A bias that occurs when a judge predetermines the outcome of an issue prior to hearing the pertinent facts and evidence of the case.

Legal Model

A model of judicial behavior asserting that judges reach decisions strictly through interpretation of constitutional provisions, statutes, and legal precedents.

Attitudinal Model

A model of judicial behavior positing that rulings are primarily driven by a judge's personal ideology, political values, and personal beliefs.

Strategic Model

A model of judicial decision making arguing that judges are goal-oriented actors who balance their personal preferences against institutional constraints.

Discretionary Jurisdiction

The authority of an appellate court to decide whether to review a appealed case or decline to hear it.

Mandatory Jurisdiction

A statutory requirement obligating a higher court to review every filed appeal for specified case categories (such as death penalty adjudications).

The Missouri Plan

A merit-based judicial selection method utilizing nonpartisan nominating committees to select judges, often followed by periodic retention elections.

Victim Impact Statements

Formal declarations submitted by crime victims or their families during sentencing or parole hearings to illustrate the personal harm incurred.

Habitual Offender Laws

Statutes mandating enhanced prison sentences or mandatory minimum terms for individuals with repeated criminal convictions.

Recidivism

The tendency of a previously convicted individual to relapse into criminal behavior after undergoing criminal sanctions.

Problem Solving Courts

Specialized judicial venues (such as juvenile or collaborative courts) that focus on diagnosing and resolving root social or behavioral issues rather than meting out punishment.

Marbury v. Madison (1803)

The foundational Supreme Court case that established the principle of judicial review, empowering courts to void legislative acts deemed unconstitutional.

Republican Party of MN v. White (2002)

A Supreme Court ruling that struck down state judicial codes prohibiting judicial candidates from voicing personal legal views, citing First Amendment protections.

Indeterminate Sentencing

A criminal sentencing model featuring non-fixed release dates, which diminishes the discretion of parole boards and judges in establishing term guidelines.

Determinate Sentencing

A fixed-length prison sentence that cannot be modified or shortened by a parole board.

Tort Reform

Legislative measures in civil justice that restrict personal injury litigation, alter procedural rules, or place statutory caps on monetary damages awarded to plaintiffs.

Activist Judges

Judges operating under a judicial philosophy that prioritizes broad societal consequences, overturning legislation, and reshaping public policy over strict constitutional interpretation.

Alternative Dispute Resolution (ADR)

Non-trial mechanisms designed to resolve legal disputes outside of standard courtroom litigation by utilizing neutral third parties.

Mediation

A voluntary, confidential, and informal type of alternative dispute resolution wherein a neutral third party guides conflicting parties to a mutually agreed-upon solution.

Magistrate

A judicial official possessing limited authority to manage minor disputes, preliminary hearings, and petty infractions (such as traffic violations).