WGU - C963 Section 2

Original Author Credit: DeQuann G. (Study Guide)

Inherent powers

Powers of the president or Congress that are neither enumerated nor implied but assumed to exist as a direct result of the country's existence.

Oversight

The right and responsibility of one body or branch of government to review and monitor other bodies, such as Congress overseeing federal agencies.

Committees

Small sets of representatives tasked with considering, researching, introducing, and investigating particular policy areas.

Appropriation

A provision of money by Congress for the items requested in a budget.

Deficit spending

When the federal government spends more money in a fiscal year than it earns.

Discretionary spending

Spending that can be changed from year to year through the congressional appropriations process.

Budget resolution

A plan for how much a government will receive in revenue and spend over the next fiscal year.

Pork-barrel spending

Spending on often unnecessary local projects that benefit a specific member of Congress's district or state.

Line-item veto

The ability of an executive to reject specific portions of a piece of legislation rather than the entire bill.

Interstate Commerce Clause

The power to regulate commerce and trade between two or more states.

Advice and consent

A Constitutional power stating that presidential nominations and foreign treaties require Senate confirmation.

Supermajority

A specific number greater than 50 percent, such as two-thirds.

Filibuster

A political procedure to delay or prevent debate on a proposal, requiring 60 senators to end it.

Administrative agencies

Government organizations created by Congress to enforce laws and policies.

Majority party

The political party with the most seats in the House of Representatives or the Senate.

Minority party

The political party with the least number of seats in the House of Representatives or the Senate.

Speaker of the House

The elected leader of the majority party in the House of Representatives.

Majority leader

The second-in-command to the Speaker of the House in the U.S. House of Representatives.

Minority leader

The elected leader of the minority party in the U.S. House of Representatives.

Majority whip

A leader from the majority party responsible for coordinating strategy and maintaining discipline.

Minority whip

A leader from the minority party responsible for coordinating strategy and maintaining discipline.

President pro tempore

The chief presiding officer in the Senate in the absence of the vice president.

Standing committee

A permanent committee that researches and introduces proposed legislation.

Select committee

A temporary congressional committee created to investigate a specific issue.

Joint committee

A committee containing members of both the House and Senate working on a specific issue.

Conference committee

A joint committee that forms one single bill from different versions passed by the House and Senate.

Rules Committee

A powerful committee in the House that decides the rules for debate and amendments.

Cloture

A tactic in the Senate where 60 members vote to end a filibuster.

Gerrymandering

The process of creating political advantage by re-drawing electoral districts.

Redistricting

The re-drawing of electoral districts to accommodate changes in a state’s population.

Census

A population count required every 10 years for congressional reapportionment.

Reapportionment

The process of assigning House seats to districts based on population every decade.

Commander in chief

A constitutional power giving the president authority over the U.S. military.

Bipartisan

When both political parties agree on a particular government action or issue.

Articles of impeachment

The motion that officially accuses an official of a constitutional abuse.

Monroe Doctrine

A principle declaring that European interventions in the Western Hemisphere are acts of aggression.

Executive memorandum

A presidential power used to manage federal departments and agencies.

Executive agreements

Formal agreements between countries that do not require Senate approval.

Recess appointment

An appointment made by the president when the Senate is not in session.

Loophole

A flaw in the system that allows avoidance of rules.

Civil cases

Court cases based on civil law, including disagreements between individuals and entities.

Lower court

Any court that is not the federal Supreme Court.

Appeal

Asking a higher court to overturn a lower court's decision.

Party

A person or group directly involved in a legal case.

Circuit courts

Courts that hear cases in several counties or districts, with cases heard by a panel of judges.

Judicial review

The power of courts to overturn laws or actions that conflict with the Constitution.

Precedent

A decision in one case used to justify a decision in a later case.

Stare decisis

A principle that courts should rely on previous decisions and established precedents.

Judicial activism

A viewpoint that courts should defend

strict constructionist

an approach to interpreting the Constitution based on the idea that the national government can only do those things that are specifically mentioned in the Constitution

loose construction

an approach to interpreting the Constitution based on the idea that judges can reinterpret constitutional language to create new legal standards appropriate for changing conditions

judicial restraint

a viewpoint that judges should be reluctant to overturn the acts of Congress, the president, or the states, deferring decisions (and thus, policymaking) to elected branches of government; proponents of judicial restraint focus on a narrow, strict interpretation of the Bill of Rights

defer

agree to follow someone else's opinion

common law

the form of law that is based on custom, precedent, and court decisions in England, rather than on legislative decree

federalism

a system and structure of government that divides constitutional power and authority between the national government and state governments

expressed powers

also known as the enumerated powers of the Constitution; powers to regulate interstate and foreign commerce, raise and support armies, declare war, coin money, and conduct foreign affairs

implied powers

powers not expressly defined in the Constitution but assumed through interpretation of the Necessary and Proper Clause

Elastic Clause

a clause in the U.S. Constitution, formally known as the Necessary and Proper Clause, that can be "stretched" to allow Congress to make laws on policies beyond those listed (or "enumerated") powers; "stretching" this clause produces what are termed "implied powers"

concurrent powers

powers shared by state and federal governments, including the power to tax, to borrow money, to build infrastructure, to establish courts, to establish legal punishments, and to declare eminent domain

State Courts

• Hear most day-to-day cases, covering 90 percent of all cases

• Hear both civil and criminal matters

• Help the states maintain their independence in judicial matters over their own state laws, distinct from the national government

Federal Courts

• Hear cases that involve a “federal question,” the Constitution, federal laws or treaties, or a “federal party” in which the U.S. government is a party to the case

• Hear both civil and criminal matters, although many criminal cases involving federal law are tried in state courts

• Hear cases that involve “interstate” matters, “diversity of citizenship” involving parties of two different states, or between a U.S. citizen and a citizen of another nation (and with a damage claim of at least $75,000)