CLEP Textbook Part 5

apportionment

the process by which seat in the House of Representatives are distributed among the fifty states.

bicameralism

political process that results from dividing a legislature into two separate assemblies.

bill

proposed legislation under consideration by a legislature: can originate from either the House of Representatives or the Senate and must be approved by both chambers before becoming law.

cloture

parliamentary process to end a debate in the Senate, as a measure against the filibuster, invoked when three-fifths of senators vote for the motion.

conference committee

a special type of joint committee that reconciles different bills passed in the House and Senate so a single bill results.

delegate model of representation

model of representation in which representatives feel compelled to act on the specific expressed states wishes of their constituents.

descriptive representation

the extent to which a body of representatives represents the descriptive characteristics of their constituencies, such as class, race, ethnicity, and gender.

enumerated powers

the powers given explicitly to the federal government by the Constitution (Article 1, Section 8) to regulate interstate and foreign commerce, raise and support armies, declare war, coin money, and conduct foreign affairs.

implied powers

the powers not specifically detailed in the US Constitution but inferred as necessary to achieve the objectives of the national government and help carry out enumerated duties: examples include establishing federal agencies, national banks, product (tobacco) regulation.

inherent powers

the powers neither enumerated nor implied but assumed to exist as a direct result of the country’s existence: such as the authority to control borders, grant diplomatic recognition, and manage national security.

joint committee

a legislative committee consisting of members from both chambers that investigates, researches, and manages administrative tasks of certain issues but lacks bill referral or drafting authority.

politico model of representation

model of representation in which members of Congress act as either trustee or delegate, based on rational political calculations about who is best served, the constituency or the nation.

pork-barrel politics

federal spending intended to benefit a particular district or set of constituents: involves funding projects that may not be of national interest but serve local donors or voters: often a form of corruption.

president pro tempore

the senator who acts in the absence of the president of the Senate (the VP): usually the most senior senator of the majority party.

select committee (ad hoc)

a small legislative committee created to fulfill a specific purpose and then disband: address issues like investigations or specific legislation.

standing committee

a permanent legislative committee that meets regularly: focuses on specific areas of legislation, such as appropriations or foreign relations.

surge-and-decline theory

theory proposing that the surge of stimulation occurring during presidential elections subsides during midterm elections, accounting for the differences we observe in turnouts and results.

trustee model of representation

model of representation in which representatives feel at liberty act in the way they believe is best for the constituents, not necessarily based on their expressed wishes.

congressional power shift

the power of Congress to regulate interstate and intrastate commerce has generally increased, while its power to control foreign policy has declined over the course of the 20th century.

whip

a higher leadership position in the House and in the Senate whose primary duty is to enforce voting discipline in the chambers and conferences.

classic legislative process

bills are introduced and sent to the appropriate committee, where hearings are held and the bill is debated and sent to the floor, where is it amended until passed or vetoed down, if passed it moves to the second chamber where amending begins anew: eventually a joint committee reconcile what is now two different bills.

modern legislative process

over the last few decades, Congress has adopted a process whereby large pieces of legislation covering many different items are passed through the budgeting process: empowering leadership to the detriment of the committees.

earmarks

specific provisions within legislation that allocate funds for particular projects or programs, which may not be relevant to the legislation, often benefiting individual members' constituencies and voters.

bully pulpit

Theodore Roosvelt’s notion of the presidency as a platform from which the president could push an agenda the president's ability: to communicate directly with the public and influence public opinion.

cabinet

a group of advisors to the president, consisting of the most senior appointed officers of the executive branch who head the fifteen executive departments.

executive agreement

an international agreement between the president and another country made by the executive branch and without formal consent by the Senate.

executive office of the president

the administrative organization that reports directly to the president and made up of important offices, units, and staff of the current president and headed by the White House chief of staff.

executive order

a rule or order issued by the president without the cooperation of Congress and having the force of law: allows the president to manage operations of the federal government.

executive privilege

the president’s right to withhold information from Congress, the judiciary, or the public: based on confidentiality in executive communications, particularly for matters related to national security or sensitive information.

king caucus

an informal meeting held in the 19th century made up of legislators in the Congress who met to decide on presidential nominees for their respective parties.

line-item veto

a power created through law in 1996 and overturned by the Supreme Court in 1998 that allowed the president to veto specific aspects of bills passed by Congress while signing into law what remained.

rally around the flag effect

a spike in presidential popularity during international crises: results from a unifying demand for national solidarity.

signing statement

a statement a president issues with the intent to influence the way a specific bill the president signs should be enforced.

election of 1824 impact

contested election decided by the house whereby John Quincy Adams won despite Andrew Jackson winning the popular vote. led to the emergence of the two-party system leading to the rise of Andrew Jackson and the Democratic Party.

tenure of office act (1867)

legislation that restricted the president's power to remove certain officeholders without Senate approval, leading to political conflict during Reconstruction, and repealed in 1887.

amicus curiae

legal brief submitted by a non-party to influence the court's decision: provide additional information, perspectives, or arguments that may aid the court in its deliberations.

appellate court

a court that reviews cases already decided by a lower or trail court and that may change the lower court’s decision: do not conduct new trials but assess the application of law used in the original trial.

associate justice

member of the Supreme Court who is not the chief justice.

brief

a written legal argument presented to a court by one of the parties in a case: outlines the legal reasons for the party's position and may include supporting evidence and case law.

circuit courts (court of appeals)

the appeals (appellate) courts of the federal court system that review decisions of the lower (district) courts: handle both civil and criminal cases and operate across specific geographic regions.

civil law

a non-criminal law defining private rights and remedies: governs disputes between individuals or organizations, typically involving contracts, property, and family law.

common law

the pattern of law developed by judges through case decision largely based on precedent: evolves over time as courts interpret laws, establishing legal principles through rulings.

concurring opinion

an opinion written by a justice who agrees with the Court’s majority opinion but has different reasons for doing so.

conference

closed meeting of the justices to discuss cases on the docket and take an initial vote: the justices review the briefs, question the legal points, and decide which cases to hear.

criminal law

a law that prohibits actions that could harm or endanger others, and established punishment for those actions.

dissenting opinion

an opinion written by a justice who disagrees with the majority opinion of the Court: outlines the reasons for the disagreement and may address the legal issues involved.

district courts

the trail courts of the federal court system where cases are tried, evidence is presented, and witness testimony is heard.

dual court system

the division of the courts into two separate systems, one federal and one state, with each of the fifty states having its own courts.

judicial activism

a judicial philosophy in which a justice is more likely to overturn decisions or rule actions by other branches unconstitutional, especially in an attempt to broaden individual rights and liberties.

judicial restraint

a judicial philosophy in which a justice is more likely to let stand the decisions or actions of the other branches of government: emphasizes respect for precedent and a limited role for the judiciary in policy-making.

Marbury v. Madison (1803)

Supreme Court cases that established the courts’ power of judicial review: allowed the court to invalidate laws and executive actions deemed unconstitutional: the first time the Supreme Court ruled an act of Congress to be unconstitutional.

rule of four

a Supreme Court custom in which a case will be heard when four justices decide to do so.

senatorial courtesy

an unwritten custom by which the president consults the senators in the state before nominating a candidate for a federal vacancy there, particularly for court positions.

judicial review

the power of the courts to assess whether a law is in accordance with the Constitution: enables the judiciary to invalidate legislative and executive actions that contradict constitutional principles.

solicitor general

the lawyer who represents the federal government and argues some cases before the Supreme Court and plays an important role in appealing cases the government loses: reports to the attorney general.

stare decisis

the principle by which courts rely on past decisions and their precedents when making decisions in new cases: ensures consistency and stability in the law.

trail court

the level of court in which a case starts or is first tried: responsible for hearing evidence, examining witnesses, and determining the facts of the case.

writ of certiorari (cert)

an order of the Supreme Court calling up the records of the lower court so a case may be reviewed.