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Flashcards for reviewing key concepts related to the US Constitution, Congress, the Presidency, and the Federal Court System.
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How can each branch check the others?
Through a system of checks and balances, where each branch has specific powers to limit the other two.
Which article in the Constitution grants power to Congress?
Article I
Which article in the Constitution grants power to the Executive Branch?
Article II
Which article in the Constitution grants power to the Judicial Branch?
Article III
What are implied powers?
Powers not explicitly stated in the Constitution but are considered 'necessary and proper' to execute enumerated powers.
What are examples of enumerated powers of Congress?
Impeachment, power to tax and appropriate funds, war powers.
List the steps of the legislative process.
Introduction, committee review, floor action, conference committee (if needed), presidential action.
What are major differences in debate between the House and Senate?
House debate is limited; Senate debate is generally unlimited.
How does a filibuster work, and how does it end?
A filibuster is a tactic used in the Senate to delay or block a vote on a bill by extending debate. It typically ends with a cloture vote.
What was the makeup of the Congress under the Articles of Confederation?
A unicameral legislature with equal representation from each state.
What is the makeup of Congress under the Constitution?
A bicameral legislature consisting of the House of Representatives (based on population) and the Senate (two senators per state).
How do Congressional boundaries change and what is it called when they are changed to create a political advantage?
Congressional boundaries change through redistricting, and gerrymandering is changing them to create a political advantage.
What is the leadership structure in the House?
Speaker of the House.
What is the leadership structure in the Senate?
President Pro Tempore and the Majority Leader
What is a presidential veto?
The power of the President to reject a bill passed by Congress.
What options does the President have when vetoing or signing bills?
Sign the bill into law, veto the bill, or allow the bill to become law without signature (within a set timeframe).
How can Congress override a presidential veto?
With a two-thirds vote in both the House and the Senate.
How does the president’s veto differ from that of many governors?
Many governors have line-item veto power, allowing them to veto specific parts of a bill, which the President does not.
What is the process by which the President of the United States is elected?
Through the Electoral College, where each state is assigned a number of electors.
What is the purpose of the Electoral College?
To elect the president and vice president.
List roles of the President.
Chief Executive, Commander in Chief, Head of State, Chief Diplomat, Chief Legislator, etc.
How has Congress attempted to restrict the President’s war powers?
War Powers Resolution.
What changes have been made to the presidency regarding number of terms?
The 22nd Amendment limits the President to two terms.
What changes have been made to the presidency regarding succession?
The Vice President is first in line of succession.
What are the different kinds of pardons that can be issued by the President?
Pardon, clemency, amnesty.
What is the definition of jurisdiction?
The authority of a court to hear and decide a case.
What are the different kinds of jurisdiction?
Original vs. appellate, geographic, subject matter.
What is the definition of standing?
The legal right to bring a lawsuit.
How does common law work in the American legal system?
Common law is developed by judges through court decisions.
What is the structure of the federal court system?
District courts, appellate courts, and the Supreme Court.
Which court primarily acts as a court of original jurisdiction?
District courts.
Which court ONLY has appellate jurisdiction?
Courts of Appeal (Circuit Courts).
When can the Supreme Court have original jurisdiction?
In cases involving disputes between states or cases involving ambassadors and other public ministers.
How many justices sit on the United States Supreme Court?
Nine.
How does the appointment process for Supreme Court Justices work?
The President nominates, and the Senate confirms.
What is the Rule of Four?
Four justices must agree to hear a case for it to be granted certiorari.
How does the Supreme Court issue their rulings?
Through written opinions.
What are the legally enforceable decisions called?
Judgments or Orders.
What is judicial review?
The power of the courts to declare laws or actions of the other branches unconstitutional.
What does the term 'dual court system' refer to?
The separate federal and state court systems.