AP US Government President and Judiciary 2.4-2.11

article II

Executive Branch

powers of President

policy maker, executive order, commander and chief, head of executive branch, national party leader.

legislative checks on executive branch

impeachment, approval of appointments, ratify treaties

president as commander in chief

uses the military in crises at home or abroad

(with congressional approval)

enumerated powers

powers explicitly given

implied powers

Powers inferred from the express powers

inherent powers

Powers the Constitution is presumed to have delegated to the National Government because it is the government of a sovereign state within the world community

bully pulpit

the president's use of his prestige and visibility to guide or enthuse the American public

chief of staff

the person who oversees the operations of all White House staff and controls access to the president

National security council (NSC)

An agency in the Executive Office of the President that advises the president on national security

domestic policy council

advises on social/domestic policy

office of Management and Budget

An office that prepares the president's budget and also advises presidents on proposals from departments and agencies and helps review their proposed regulations.

Council of economic affairs

responsible for helping president make national economic policy

US Trade Representative

responsible for negotiating complex trade and tariff agreements for the president

the cabinet

A group of advisers to the president.

cabinet secretary

Head of a cabinet department and chief adviser to the president on the issues under the department's jurisdiction.

under what circumstances can the president be impeached?

if the president commits "treason, bribery, or other high crimes and misdemeanors"

House's role in impeaching

brings the charges against the president with majority vote

Senate's role in impeaching

holds a trial and votes on conviction. Requires 2/3 votes to convict

American legal principles

equal justice under the law, due process of law, adversarial system, presumption of innocence

substantive due process

the government must create fair policies and laws

procedural due process

the government must employ fair procedures and methods

un-substantive due process examples

black people can't vote, all blue eyed people have a curfew of 10pm

procedural due process example

right to a speedy trial

civil law

A law that governs relationships between individuals and defines their legal rights.

criminal law

A law that defines crimes against the public order.

grand jury

A group of citizens that decides whether there is sufficient evidence to accuse someone of a crime.

plea bargaining

a legal negotiation in which a prosecutor reduces a charge in exchange for a defendant's guilty plea

petit juries

juries called to determine guilt or innocence in criminal law

settlement

to avoid trial, parties negotiate

preponderance of evidence

standard of proof in a civil case in which a judge or jury must believe the plaintiff's story and evidence is stronger than the defendant's version.

jurisdiction of Federal District Courts

original jurisdiction

original jurisdiction

the authority to hear cases for the first time

jurisdiction of Federal Circuit Court of Appeals

appellate jurisdiction from District Courts

jurisdiction of Supreme Court

original and appellate

circuit court cases

federal constitutional right has been violated

influences of judicial appointments

president, senate judiciary committee, interest groups

senatorial courtesy

Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.

judicial philosophy

the way in which a judge understands and interprets the law

judicial restraint

judges who are reluctant to overturn acts of legislature

judicial activism

judges can adapt the meaning of the Constitution to meet the demands of contemporary realities

writ of certiorari

a request for the Supreme Court to order up the records from a lower court to review the case

justiciable

appropriate for court assessment; court will not rule of hypothetical cases

standing

legitimate justification for bringing a civil case to court

judicial review

the ability of the Supreme Court to declare an act of Congress unconstitutional

Marbury v. Madison

established judicial review.

briefs

written arguments on the case

amicus curiae briefs

Legal briefs submitted by a "friend of the court" for the purpose of raising additional points of view and presenting information not contained in the briefs of the formal parties. These briefs attempt to influence a court's decision.

solicitor general

Justice Department officer who argues the government's cases before the Supreme Court

unanimous opinion

a court opinion or determination on which all judges agree

majority opinion

a court opinion reflecting the views of the majority of the judges

concurring opinion

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

dissenting opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion

executive limits on supreme court

refusal to comply with SCOTUS decisions, appoints judges

legislative limits on supreme court

legislation that modifies court or intended to counteract the decisions of the Court, impeachment of justices, constitutional amendments