Government and Politics Exam 2

How does congress fulfill its role as a representative institution 

by speaking for the people, making laws, listening to the public, approving government spending, checking the president and government spending 

How does a bill become a law

idea, bill is written, introduced to congress, goes to committee, debated and voted on, both chambers must agree, presidents desk (sign to approve or veto)

• if vetoed congress can override with 2/3 votes in both the house and senate

identify the factors that influence which bills congress pass

public opinion, political parties, interest groups, the president, timing and national events, budget and cost, who has influence

The powers that congress uses to influence other branches of government

by controlling money, making laws, checking actions, approving appointments, removing officials if they need to

what is constituency

the group of people a politician represents

what is the delegate and trustee model

delegate is a voice for the people and trustee is someone who is trusted to make the decisions for the people

what is descriptive and substantive representation

descriptive is a politician who shares similar traits with the people they represent (looks, race, religion, gender background), substantive is a politician who fights for the issues and interests of people even if they are different from them (wealthy person representing low income voters)

what is casework 

a member of congress who helps people in their district with problems their having with the government 

ex) helping someone hey their passport faster 

what is the incumbency advantage

the benefit a politician has when they are already in office compared to someone who is starting out

ex) people already knowing their name

what is pork barrel projects

a government project or spending that a politician brings to their own area to help local people and business 

ex) building a new bridge, road, or park in their district using federal money 

what is apportionment

the process of deciding how many seats each state gets in the House of Representatives (states with more people get more seats)

what is redistricting

redrawing district lines to keep voting areas fair and equal (so each district has the same amount of people)

what is gerrymandering

when politicians draw voting lines unfairly to help their own political party win more elections (they might pack lots of votes, or spread them out)

what are communities of interest 

groups of people who share similar things like interests, needs, problems and backgrounds

ex) a neighborhood where most people work in farming 

what is a conference

a meeting where members from the House of Representatives and the senate come together to work out differences in a bill

what is a caucus

a group of members of congress who meet to talk about and promote shared goals and interests 

what is the speaker of the house 

the leader of the House of Representatives 

• they run meeting in the house and decided what bills get voted on 

what is majority leader

the main leader of the political party that has the most seats in either the house or the senate 

what is a whip 

a person in congress who helps keep their party members in line 

what are markups 

when members of a congressional committee go through a bill and make changes to it before it goes to vote 

types of congressional committees

• standing = always there, work on major topics

• select or special = temporary, focused on one special job

open rules

anyone in the house can suggest a change to the bill

modified open rules 

can suggest changes to the bill, but with limits 

structured rules

only allows certain specific changes to a bill, all pre-approved in advance

closed rules

no changes to the bill are allowed

cloture 

a vote to cut off delays and get to a final vote 

filibuster 

when a senator talks for a long time or uses other delaying tactics to stop a bill from becoming voted on

identify and understand different powers in presidency

• expressed: specifically written in the constitution

• implied: not directly written in the constitution but are needed to do their job

• delegated: powers that congress gives to the president to carry out its laws and run the government

describe the institutional resource presidents have to help them exercise their powers (staffers, the EOP, the cabinet, the V.P., the first spouse)

staffers; people who work for the president or members of congress to help them do their job

EOP (executive office of the president); a group of offices and agencies that help the president run the government and make decisions

the cabinet; a group of the presidents top advisors (the VP and the heads of 15 departments - Secretary of State, Secretary of Defense, etc.)

the V.P.; helps the president, leads the senate, and is ready to step in if something happens to president

the first spouse; support the president, focus on a cause, host events, public influence

Explain how modern presidents have become even more powerful 

they have gained more power by acting quickly, using media, leading in crisis, and expanding their role at home and overseas 

Military Power

the powers the president has to lead and us the the US military 

judicial power 

the power to deal with laws and courts, usually belongs to judges and the courts, president has a small role 

President=picking judges, pardons

legislative power

the power to make laws, mostly belongs to congress, president helps

President=signing, vetoing, or suggesting laws

Diplomatic Power

the presidents role in managing relationships with other countries

ex) make treaties, appoint ambassadors, meet with world leaders, recognize other governments  

Executive Power 

the presidents power to enforce laws and manage the government 

Veto

the presidents power to reject a bill instead of signing it into a law 

Pocket Veto 

when the president doesn’t sign a bill and congress goes out of session within 10 days, so the bill doesn't become a law 

Vesting Clause

the rule that says who has the power in each power of the government

Impeachment 

the process of charting and possibly removing a government official (like the president) for a serious wrongdoing 

Pardon 

when the president forgives someone for a crime and cancels their punishment 

ex) todd and Julie chrisley

Cabinet 

the presidents team of leaders who help run the government and give advice 

Executive privilege 

the presidents right to keep some information private

Executive Order

an official instruction the president gives to government worker to do something 

describe the different levels of federal courts, the expansion of federal courts power, and the process of appointing federal judges

feral courts; district courts (first trial), courts of appeal (review the trial decision), Supreme Court (final decision for important cases)

expansion of federal courts; created more courts over time to handle more cases

process of appointing federal judges; the president picks, the senate checks, if they agree, the judge gets the job

Explain the Supreme Court power of judicial review

can decide whether laws or government actions are constitutional (if they follow the rules of the constitution)

describe the process by which cases are considered and decided by the Supreme Court 

people ask → justices decide → lawyer argue → justices vote → opinions are written → decision becomes a law 

describe the factors that influence court decisions

influenced by a mix of laws, past rulings, the constitution, case facts. judicial philosophy, and society 

identify the general types of cases and types of courts in America’s legal system

types of cases:

• criminal

• civil

• constitutional

• adminsitrative

• appeals

types of courts:

• federal (national)

• state (local and state)

Criminal law

the part of law that deals with crimes and punishment

• is about rules that say what you can and can’t do

Civil law

the part of the law that deals with disagreements between people or organizations - not crimes

Plaintiff

the person who starts a case in court because they believe someone has wronged them 

Defendant 

a person who is being accused pr sued in court 

Precedent

a past court decision that is used as a guide for deciding future cases 

Plea Bargin

a deal between the defendant and the prosecutor in a criminal case (pleading guilty) 

Original Jurisdiction

the power of court to hear a case first

ex) if someone is charged with a crime, the trial usually starts in trial court. that court has original jurisdiction because its first to hear the case 

Due process of law

the government must treat people fairly and play by the rules 

ex) fair trial when someone is arrested 

Chief justice

the leader or head judge of court, usually the Supreme Court

Judical review

the power of the court to decide whether a law or government action is constitutional (does it follow the rules of the constitution) 

Supremacy Clause

the rule in the constitution that says federal law is the “highest law” in the country

ex) federal vs. state = federal wins 

Writ of certiorari

an order from higher court, usually the supreme court, telling a lower court to send up the records of case for review 

Amicus curiae 

when a person or group not directly involved in a case but who offers information or advice to help the court make decisions 

Briefs

written documents that explain a lawyers side of a case to the court  

oral argument 

when lawyers speak in court to explain their side of the case to the judge 

concurring opinion

when a judge agrees with the decision the court made for different reasons than the main opinion 

dissenting opinion 

when a judge disagrees with the majority decision of the court

ex) “I don’t agree with the decision, and here’s why..”

majority opinion

the official decision of the court that most judges agree on

ex) 7 out of 9 agree, their written explanation is majority opinion

stare decisis

the idea that courts should follow previous courts decisions when deciding new cases - following the rules set by earlier court decisions

originalism

a way of interpreting the constitution by trying to understand what the words meant when they were written - interpreting the constitution based on its original meaning 

living constitutionalism

the idea that the constitutions meaning can change and grow over time to fit modern day society

judicial restraint

the idea that judge should limit their own power and avoid making big changes through their decisions

judicial activism

when the judges take a more active role in shaping laws and policies through their decisions 

writ of habeas corpus 

a legal order that protects a person from being held in jail without a good reason

solicitor general 

a top lawyer who represents the US government in cases before the Supreme Court - the governments main lawyer at the Supreme Court