ap gov unit 2 executive, bureaucracy, judiciary

What does the bully pulpit allow the president to do?

Lets the president speak with the American people and helps them to pressure Congress

Jurisdiction

The authority to hear a case and make legal decisions regarding it.

Original jurisdiction

The power of a court to hear a case for the first time, as opposed to appellate jurisdiction.

Appellate jurisdiction

The authority of a court to look at and change the decisions of lower courts, rather than hearing a case for the first time.

What concept did Marbury v. Madison establish, and what principle of American government does this concept qualify is

(Article III) Marbury didn’t get his judge papers, which were needed to start his job. He asked the Supreme Court for a writ of mandamus to force Madison to deliver them. The Court ruled Marbury deserved the job but said the law forcing Madison was unconstitutional, giving courts the power of judicial review.

Writ of mandamus

court order that tells a government official or agency to do something they are legally required to do. It’s a way for the court to make sure the law is followed when someone is not doing their duty

What is an executive order and why would a president use it?

A rule made by the president to help manage federal gov. They use executive orders to quickly change to enforce policies without needing Congress’s approval

What is a signing statement and why would a president use it?

A note the president adds when signing a new law. It explains how the president understands the law or how they plan to enforce it. They use it to say their intentions, concerns, or say parts of the law they may not fully agree with

How has the use of signing statements changed over time?

Increased. Earlier they explain laws. Now they use them to show their view on parts of the law or say they don’t like a part.

What type of presidential nominations are most controversial and why?

Supreme Court because these judges have a lot of power to make important decisions on laws that can affect many people. Disagreements happen when the person has strong views or when the president and Senate are from different parties

How do legislative and executive branches check each other

Legislative: confirming appointments, ratifying treaties, and having the power to impeach

Executive: veto legislation and call special sessions of Congress.

What has caused the growth of presidential powers that has led to the imperial presidency?

Factors include media, vague laws, crises, increased government role, and executive orders.

How could Congress attempt to limit the president’s power?

Pass laws, budget control, impeachment, rejecting appointments, and refusing to ratify treaties

What is the central argument of Federalist 70?

That a strong energetic single executive is needed for a good government

How has social media changed the way the president interacts with the public?

Allows president to communicate directly to public, getting faster engagement and feedback

How would the executive branch enforce a law passed by Congress that provides benefits to certain groups of people?

Through government agencies that make rules, give out benefits, and make sure people follow the law. They also check if everything is going well and fix problems if needed

Define and give an example of delegated discretionary authority

A higher authority giving someone the power to make choices on behalf of others, with certain rules. Ex. pay taxes → IRS decides do we pay cash, do we pay online, whens the deadline, etc

How do the three branches formally check the bureaucracy?

Legislative: Congress makes laws and controls budget and look into how agencies work and ask questions

Executive: President can choose and fire agency leaders and give executive orders

Judicial: Courts can look at what agencies do to ensure they follow the law and protect people’s rights

What groups within Congress perform oversight over the bureaucracy and how do they do it?

Committees and subcommittees. Check if agencies are doing job, hold meetings to ask questions and find issues, can force people to come talk to them, and teach public about gov problems

What is the principle of stare decisis?

Courts should stick to old decisions when deciding new cases. It helps keep the law the same so pople now what to expect

How does life tenure for Supreme Court justices impact their decisions?

Life tenure lets justices make decisions without worrying about political pressure. This helps keep the law stable and allows them to stick to constitutional principles without the fear of losing their job.

Precedent

A decision that sets a rule for similar future cases (stare decisis). Can be changed over time depending on the court’s ideology

Who has the power to establish the various levels of federal court?

Congress, shown in Article III

Who has the final appellate jurisdiction over both state and federal cases?

The Supreme Court of the United States.

What is the difference between precedent and stare decisis?

Precedent: A past court decision that helps guide future cases

Stare decisis: Courts should follow these past decision to keep the law consistent

Why might the Supreme Court overturn precedent?

If they believe the old decision is wrong, if society has changed a lot, or if new facts come to light

How does the president decide who he is going to nominate to the various levels of the judiciary branch?

Political party, legal beliefs (liberal/conservative), and qualifications (experience)

What are the various levels of the judiciary branch?

Federal district courts: Trial court level for federal cases. They hear evidence and make initial rulings.

Circuit court: Review decisions made by district court. They focus on legal issues, not facts

Supreme court: The highest court in country, which has the final say on constitutional issues. It hears only a small number of cases

Federal district courts

are the trial courts of the federal court system (original jurisdiction), where cases involving federal law are first heard and decided.

Circuit Courts

Next level of federal appellate courts that review decisions from federal district courts. they make sure that law is applied correctly in case

Supreme Court

The highest court in country, which has the final say on constitutional issues. It hears only a small number of cases. Final step in judicial branch

Life tenure

Supreme court justices can serve for life

How can Congress respond to unfavorable court decisions?

Congress can respond by passing new legislation, amending existing laws, or using its powers to influence the judiciary, such as changing the size of the court or its jurisdiction.

In what ways can the president check the judicial branch?

Appoint justices, veto power, ensure court decisions are carried out, and pardons

What is the difference between a liberal and conservative constructionist view of the Constitution?

Liberal: Adapt to change

Conservative: Strict to the constitution

What was the decision in the case United States v. Lopez?

The federal gov could not ban guns in school zones under its commerce clause. The court said that carrying a gun at school is not related to interstate commerce, which limits power held by national government (federal authority)

What is the topic of each article of the Constitution?

Article I(1): Legislative Branch

Article II(2): Executive Branch

Article III(3): Judicial Branch

Article IV(4): States' Powers and Limits

Article V(5): Amendment Process

Article VI(6): Supremacy Clause

Article VII(7): Ratification

What is the difference between and an example of exclusive, reserved, and concurrent powers?

Exclusive: Federal only (Ex. Declaring war)

Reserved: States only (Ex. Education)

Concurrent: Shared (Taxes

formal powers

official powers someone has because of their job. ex. president can sign and reject laws

informal powes

Power someone has that isnt written in the constitution but is still important. ex. president influecing public opinion

Judicial review

Court has the power to rule on the constitutionality of laws

bureaucracy

executive needs to make sure people follow laws, so different people can make sure of that ex. environmental protection agency makes sure nobody pollutes

census

an official population count

apportionment

the distribution of the number of representation based on each state’s population

reapportionment

redistributed us congressional seats according to change in the census