Ap Gov Final review... QUESTIONS

The view that judges should decide cases strictly on the basis of the language of laws and the Constitution

Judicial Restraint

 

The view that judges should apply the principles and provisions of the Constitution to modern circumstances

Judicial Activism

Federal courts authorized by Article III of the Constitution that keeps judges in office for life during good behavior

Constitutional Courts

The lowest federal courts that have original jurisdiction over most federal cases

District Courts

Federal courts that hear appeals from district courts. They review each case for possible errors.

Courts of Appeals

The highest court in the US, made up of nine justices

Supreme Court

Courts created by Congress for specialized purposes, such as the U.S. Tax Court

Legislative Courts

 

A consideration of the political ideology of a nominated judge

Litmus test

The power of the courts to declare laws unconstitutional

Judicial Review

An order by a higher court directing a lower court to send up a case for review

Writ of Certiorari

Landmark Supreme Court Case that established the court's power of judicial review

Marbury v. Madison

The party that initiates a lawsuit

Plantiff

A legal rule stating who is authorized to start a lawsuit

Standing

 

The principle set by the court in one case that will be used as the basis for deciding future cases

Precedent

 

A case brought by an individual that will impact that person and all others similarly situated

Class-action suit

The authority of a court to hear a case first

Original Jurisdiction

The authority of a court to hear a case brought to them on appeal from a lower court

Appellate Jurisdiction

A written statement by an attorney that summarizes a case and the laws and rulings that support it

Brief

 

A brief submitted by a "friend of the court" to provide the court with additional information on a case

Amicus Curiae Brief

The judicial opinion agreed upon by more than half of the members of the court that explains the reasoning of the court's decision 

Opinion of the Court/Majority

A signed opinion in which one or more members agree with the majority view, but for different reasons

Concurring opinion

A signed opinion that features the perspective of those justices who disagreed with the majority opinion

Dissenting opinion

 

"Let the decision Stand" or allowing prior rulings to determine the court's stand on a current case. 

Stare Decsis

Unwritten custom that the Senate will not approve a judicial nomination if opposed by a senator from the state in which the nominee is to serve.

Senatorial Courtesy

In order for a case to be granted certiorari, four justices must agree that the case is worthy to be heard.

Rule of Four

A new addition to the Constitution that has been proposed by Congress and ratified by the states. 

Amendment

A legislative grant of money to finance a government program or agency

Appropriation

A mutually beneficial relationship between an agency, a congressional committee, and an interest group.

Iron Triangle

Authority given to the president that is specifically mentioned in the Constitution.

Formal Power

 

A large, complex organization composed of appointed officials

Bureaucracy

 

Procedure of hiring and promoting government employees on the basis of their abilities and competence rather than political favors.

Merit System

The part of the executive branch that supports the president in his responsibilities, from security to trade.

Executive Office of the President

The extent to which appointed bureaucrats can choose courses of action and make policies that are not spelled out in advance by the laws of Congress.

Discretionary authority / Bureaucratic Discretion

 

The part of the government that fulfills the daily functions of the bureaucracy. These government workers are hired on the basis of merit. 

Civil Service

 

Issued by the president after passing a bill into law; reveals what the president thinks of a new law and how it out to be enforced.

Signing Statement

 

The law that created a merit-based system for the hiring of members of the civil service.

Pendleton Act

 

The authority of Congress to conduct hearings, investigations, and budget reviews regarding the actions executive branch.

Congressional Oversight

 

A directive that carries the weight of law that is given by the president without the consent of Congress.

Executive Order

 

Agencies that are responsible for monitoring large government sectors, such as the Federal Reserve, and are not subject to control by either Congress of the President.

Independent Regulatory Commissions

 

An annual address given by the president to Congress in which the president outlines his legislative agenda. 

State of the Union

 

This provision of the Constitution states the process for presidential succession and disability. 

25th Amendment

 

The inability of the government to act because opposing parties control different parts of the government and cannot agree on a course of action. 

Gridlock

The heads of the fifteen executive branch departments that also serve as advisors to the president.

Cabinet

 

The president's use of his position and visibility to guide or influence the American Public.

Bully Pulpit

 

When a bill fails to become law, because the president did not sign it within 10 days before Congress adjourned.

Pocket Veto

 

An official still in office after he or she has lost a bid for re-election or has reached his/her term limit.

Lame Duck

 

A pact between the president and the head of a foreign nation. Unlike treaties, they do not require Senate consent and may only last for the duration of a president's term. 

Executive Agreement

 

A pact between the president and the head of a foreign nation. Unlike treaties, they do not require Senate consent and may only last for the duration of a president's term. 

Executive Agreement

A link of policy experts, interest groups, think tanks, congressional staff members, media pundits, etc. who regularly debate an issue. 

Issue Network

The power to cancel specific dollar amounts within a bill. While the Supreme Court has ruled presidents may not use these, state governors still can. 

Line-Item Veto

A government agency that carries out business-like functions, such as the US Postal Service.

Government Corporations

 

This part of the bureaucracy helps the president prepare the budget for the fiscal year. 

Office of Management and Budget

The practice of drawing districts in unusual shapes for the political advantage of one political party or group.

Gerrymandering

Occurs when the same party controls the White House and both houses of Congress

Unified Government

Practice of legislators trading mutual support for their legislative proposals

Logrolling

 

A device used to force a bill that has been stuck in committee for over thirty days, out onto the floor

Discharge Petition

 

The redrawing of legislative district lines after the census has been taken, to accommodate population shifts and ensure equal representation

Redistricting

 

The legislative leader elected by party members holding the majority of seats in the House or the Senate

Majority Leader

Descriptive of elected representatives who use their best judgment when making legislative voting decisions

Trustee

 

A senator or representative who assists the party leader by staying informed about the voting decisions of other members

Whip

Permanently established legislative committees that review and consider bills in both the House and Senate

Standing Committees

 

A process used by the Senate to end or limit debate/filibusters

Cloture Rule

 

A lawmaking body made up of two chambers or houses

Bicameral Legislature

The minimum number of members who must be present for business to be conducted in Congress

Quorum

 

The individuals who live in the area an elected official is representing

Constituency

"Hidden" congressional provisions that designate money for specific projects or programs

Earmark

 

Congressional committees appointed for a limited time and usually for an investigative purpose

Select Committees

 

The ability of congressional members to mail letters to their constituents free of charge by using their signature for postage

Franking Privilege

Legislation that provides benefits to constituents in a particular district or state in the hope of winning their votes in return. For example: providing funding to build a bridge in a particular city. 

Pork Barrel Legislation

 

A joint committee appointed to iron out the differences in the Senate and House versions of the same bill

Conference Committees

 

A strong division in the views of Republicans and Democrats on the legislative agenda

Party Polarization

An attempt to stall or defeat a bill in the Senate by talking for an extended period of time

Filibuster

System in which power is divided between national and state or local governments.

Federalism

 

Powers written into the Constitution that have been given to the national government

Expressed Powers

 

Powers given to the state governments alone

Reserved Powers

Powers shared by both the national and state governments

Concurrent Powers

 

Powers given to the federal government that have been reasonably inferred from the Constitution

Implied Powers

 

Section of the Constitution allowing Congress to pass all laws essential to carrying out its expressed duties. This provision allows the national government to carry out implied powers

Necessary and proper clause

 

The doctrine that a state can void a federal law that, in the state's opinion, violates the Constitution

Nullification

 

Constitutional provision that gives the federal government the power to regulate interstate and foreign trade

Commerce Clause

 

Ruling that declared the national government's power under the commerce clause does not permit it to regulate matters not directly related to interstate commerce; in this case, banning firearms in a school zone

United States v. Lopez

 

Ruling that declared the feral government had the power to establish a national bank under the "necessary and proper" clause 

McCulloch v. Maryland

 

System in which power is centralized in one body. State or regional governments derive authority from the central government.

Unitary

 

System in which power is help by a loose union of independent states. The central government is weak in relation to the power of the states.

Confederal / Confederate System

 

Process that permits voters to put state legislative measures directly on the ballot.

Initiative

 

Procedure that allows voters to reject a measure passed by the state legislature.

Referendum

Procedure whereby voters can remove an elected official from office

Recall

The distribution of a percentage of federal tax income to state and local governments.

Federal Revenue Sharing

Federal Revenue Sharing

Categorical Grants

 

Federal grants given to states for broader purposes, such as healthcare or education.

Block Grants

 

Strings attached by the national government that states must meet if they are to receive certain federal funds. 

Conditions of aid

 

Terms set by the national government that states are required to meet whether or not they accept federal grants.

Mandates

This constitutional provision provides guarantee of citizenship, as well as equal protection which have been the sources of incorporation for key protections in the Bill of Rights

14th Amendment

 

Provision that states all powers not given to the federal government in the Constitution, nor prohibited to the states, are reserved for the states.

10th Amendment

The belief that effective public policy is the result of competition among multiple different interests and groups.

Pluralist View / Pluralism

A model of democracy in which the people are represented by leaders they elected.

Indirect (Representative) Democracy

 

A government in which the people govern themselves and individually vote on matters of policy.

Direct (Participatory) Democracy

Model of democracy in which a small number of people, usually those who are wealthy or have a large share of influence, control political decisions.

Elite Democracy

 

Rights inherent to all people that are not dependent on the government.

Natural Rights

 

The constitution that administered America's first government, which was characterized by the loose league of friendship between states and a weak central government. 

Articles of Confederation