POLS 1101 Chapters 11-14 Master Vocab List

Authority of U.S. district courts extends to:

-Federal criminal cases as defined by national law

-Civil cases brought by individuals, groups, or the government, alleging violation of national law

-Civil cases brought against the national government

-Civil cases between citizens of different states when the amount in controversy exceeds $75,000

stare decisis

Literally, "let the decision stand"; decision making according to precedent.

criminal cases

Court cases involving a crime or violation of public order.

civil cases

Court cases that involve a private dispute arising from such matters as accidents, contractual obligations, divorce, and bodily injuries or harm.

U.S. district courts

Courts within the lowest tier of the three-tiered federal court system; courts where litigation begins.

U.S. courts of appeals

Courts within the second tier of the three-tiered federal court system, to which decisions of the district courts and federal agencies may be appealed for review.

U.S. Supreme Court

Known as "SCOTUS" for short, the highest court in the U.S. judicial system.

tribal justice systems

Courts that administer justice on Native American lands, consistent with the law and sovereignty of tribal nations.

plea bargain

A defendant's admission of guilt in exchange for a less severe punishment.

precedent

A judicial ruling that serves as the basis for the ruling in a subsequent case.

docket

A court's agenda.

solicitor general

The third highest official of the U.S. Department of Justice, and the person who represents the national government before the U.S. Supreme Court.

amicus curiae brief

A "friend of the court" brief filed with the permission of the court by an individual or group that is not a party to a legal action but has an interest in it.

original jurisdiction

The authority of a court to hear a case before any other court does.

appellate jurisdiction

The authority of a court to hear cases that have been tried, decided, or reexamined in other courts.

rule of four

An unwritten rule that requires at least four justices to agree that a case warrants consideration before it is reviewed by the U.S. Supreme Court.

judgment

The judicial decision in a court case.

opinion

The written explanation that justifies a court's judgment in a case.

argument

The heart of a judicial opinion, its logical content separated from facts, rhetoric, and procedure.

concurrence

The agreement of a judge with the majority decision for a reason other than the majority reason.

dissent

The disagreement of a judge with a majority decision.

senatorial courtesy

A norm under which a nomination must be acceptable to the home-state senator from the president's party.

common law

Legal precedents derived from previous judicial decisions.

statutory construction

Judicial interpretation of legislative acts that clarify the meaning of law.

judicial restraint

A judicial philosophy by which judges tend to defer to decisions of the elected branches of government.

judicial activism

A judicial philosophy by which judges tend not to defer to decisions of the elected branches of government, resulting in the invalidation or weakening of those decisions.

Marbury v. Madison

This case established judicial review

bureaucracy

An organization that administers or carries out a set of activities.

bureaucrats

Employees of a bureaucracy, usually meaning a government bureaucracy.

red tape

Rules and other constraints that democracies demand that restrict bureaucrats' behavior.

civil service

The system by which most appointments to the federal bureaucracy are made to ensure that government jobs are filled on the basis of merit and that employees are not fired for political reasons.

operators

Front-line bureaucrats who have the most direct contact with the daily work of their organization.

managers

Midlevel bureaucrats who lead parts of government bureaucracies by overseeing programs, budgets, and personnel.

executives

Top-level bureaucrats responsible for entire bureaucracies, or major parts of them, who make strategic decisions about the total collection of the organization's programs, financial resources, organizational arrangements, and personnel.

critical tasks

Concrete actions that bureaucrats need to perform to help the bureaucracy address the key issues for which it is designed.

organizational culture

How bureaucrats think about critical tasks and human relationships within their bureaucracy.

sense of mission

The condition of having agreement among bureaucrats about the critical tasks and key human relationships that should operate in a bureaucracy.

strategic triangle

An approach to leadership whereby managers and executives of bureaucracies articulate public value, secure external legitimacy, and maintain capabilities for their organizations to succeed.

departments

The biggest units of the executive branch, covering a broad area of government responsibility. The heads of the departments, or secretaries, are members of the president's cabinet.

independent agencies

Executive agencies that are not part of a cabinet department.

regulatory commissions

Agencies of the executive branch of government that control or direct some aspect of the economy.

government corporations

Government agencies that perform services that might be provided by the private sector but that either involve insufficient financial incentive or are better provided when they are somehow linked with government.

bureaucratic network

A collection of bureaucracies, which can include public or private organizations, working together to achieve a substantive goal.

satisficing

Making a decision that is acceptable and good enough to get a job done.

incrementalism

Policymaking characterized by a series of decisions, each typically instituting modest change.

representative bureaucracy

A theory explaining that government bureaucracies with bureaucrats who share personal characteristics with the communities they serve are more likely to represent the interests of those communities.

bureaucratic discretion

representative bureaucracy

coproduction

Individual people in communities whom government bureaucracies serve coming forward and working with bureaucrats to help them carry out their work.

agency advisory committee

A formal group of people drawn from communities that a government agency serves to help the agency solve problems and hold it accountable for its work.

rulemaking

The administrative process that results in the issuance of regulations by government agencies.

regulations

Administrative rules that guide the operation of a government program.

police patrol oversight

Congressional oversight of a bureaucracy that is proactive and direct.

fire alarm oversight

Congressional oversight of a bureaucracy that is reactive and indirect.

standing

The condition of having a direct interest in a case before a court.

Major duties and powers that the delegates listed for Washington and his successors

-Serve as administrative head of the nation

-Provide information on the state of the union

-Act as commander in chief of the military

-Veto legislation

-Appoint various officials and grant pardons

-Make treaties

pocket veto

A veto that takes effect when the president does not act on a bill and Congress adjourns within ten days.

pardons

The presidential power to release persons accused or convicted of a federal crime from all or part of their punishment.

bully pulpit

A term that refers to the presidency as an office well suited to communicating directly with the public in order to advocate legislation.

inherent powers

Authority claimed by the president that is not clearly specified in the Constitution. Typically, these powers are inferred from the Constitution.

executive privilege

The right of a president to maintain confidential executive branch communications in some circumstances, declaring immunity from subpoenas and information requests made by Congress and the courts.

Trump v. the United States

The Supreme Court held by a vote of 6 to 3 that a president is immune from prosecution for his "official" actions under the Constitution but liable for "unofficial" acts and returned cases pending against him to lower federal courts for decision. Legal scholars said that the ruling materially expanded presidential power.

executive orders

A presidential directive that instructs executive branch officials and agencies to create or modify public policies, without the direct approval of Congress.

presidential memorandum

A presidential policy directive similar to an executive order but not published in the Federal Register.

signing statement

A statement issued by the president declaring their interpretation of legislation being signed into law.

proclamations

A presidential statement that is usually ceremonial but may declare a president's intention to use their formal or delegated powers.

delegation of powers

The process by which Congress gives the executive branch the additional authority needed to address new problems.

White House Office (WHO)

The president's chief of staff and closest advisors; coordinates the president's schedule, press relations, and political strategy.

Executive Office of the President (EOP)

The president's executive aides and their staffs; the extended White House executive establishment.

cabinet

A group of presidential advisers; the heads of the executive departments and other key officials.

divided government

The situation in which one party controls the White House and the other controls at least one house of Congress.

gridlock

A situation in which government is incapable of acting on important issues.

legislative liaison staff

Those people who act as the communications link between the White House and Congress, advising the president or cabinet secretaries on the status of pending legislation.

industrial policy

Government efforts to develop specific segments of the economy, usually in manufacturing.

The Constitution establishes that Congress is empowered to:

-Legislate.

-Declare war.

-Raise revenue and dispense funds.

-Support, maintain, govern, and regulate the army and navy.

-Call out the state militias to repel invasions.

-Regulate commerce with foreign nations.

-Define and punish piracy and offenses against the law of nations.

The Senate alone is given the power to:

-Give advice and consent to treaties made by the president.

-Give advice and consent to the appointment of ambassadors and various other public officials involved in foreign policy.

War Powers Resolution

An act of Congress that forces that body to decide whether a commitment of troops into a war zone is permissible.

treaties

A legal agreement between two or more countries.

executive agreement

A pact between the heads of two countries that does not require Senate ratification.

national security directive (NSD)

A highly classified presidential order that guides national security policy.

reapportionment

Redistribution of representatives among the states based on population change. The House is reapportioned after each census.

impeachment

The formal charging of a government official with "treason, bribery, or other high crimes and misdemeanors."

incumbents

A current officeholder.

gerrymandering

Redrawing a congressional district to intentionally benefit one political party.

casework

Solving problems for constituents, especially problems involving government agencies.

descriptive representation

A belief that constituents are most effectively represented by legislators who are similar to them in such key demographic characteristics as race/ethnicity, religion, or gender.

racial gerrymandering

The drawing of a legislative district to maximize the chance that a minority candidate will win election.

vetoes

The president's disapproval of a bill that has been passed by both houses of Congress. Congress can override a veto with a two-thirds vote in each house.

standing committee

A permanent congressional committee that specializes in a particular policy area.

joint committee

A committee made up of members of both the House and the Senate.

select committee

A temporary congressional committee created for a specific purpose and disbanded after that purpose is fulfilled.

conference committee

A temporary committee created to work out differences between the House and Senate versions of a specific piece of legislation.

seniority

Years of consecutive service on a particular congressional committee

oversight

The process of reviewing the operations of an agency to determine whether it is carrying out policies as Congress intended.

Speaker of the House

The presiding officer of the House of Representatives.

President Pro Tempore

Elected by the majority party, is supposed to chair the Senate in the vice president's absence but, by custom, this constitutional position is entirely honorary. The title is typically assigned to the most senior member of the majority party.

majority leader

The head of the majority party in the Senate; the second-highest ranking member of the majority party in the House.

filibuster

A delaying tactic used in the Senate that allows any senator to prevent a bill from coming to a vote.

cloture

The mechanism by which a filibuster is cut off in the Senate.

hold

A letter requesting that a bill be held from floor debate.

Constituents

People who live in a government official's district or state.