unit 2 ap gov

Flashcards related to the Judicial Branch, Supreme Court, Powers of the President, Presidential Communication, and Congress.

Judicial Review

The principle that allows the judicial branch to check the power of other institutions and state governments by ruling on the constitutionality of laws.

SCOTUS

Supreme Court of the United States, the only court officially established by the Constitution.

Original Jurisdiction

The power of a court to hear a case for the first time.

Appellate Jurisdiction

The power of a court to only hear appeals from lower courts.

Judiciary Act of 1789

Act of Congress that established the structure and jurisdiction of lower-level courts.

Federalist 78

Essay by Alexander Hamilton arguing for the independence of the judicial branch, facilitated by lifetime appointments for judges, allowing them to focus on constitutional interpretation free from political pressure.

Marbury v. Madison (1803)

Supreme Court case that established the precedent of judicial review, giving the Court the power to rule on the constitutionality of laws.

Precedent

A court decision that acts as a template for future decisions involving similar facts and issues.

Stare Decisis

A Latin term meaning 'let the decision stand,' emphasizing the principle of adhering to precedents in judicial decisions.

Loose Constructionism

An approach to interpreting the Constitution as a living, evolving document.

Strict Constructionist

Someone who interprets the Constitution based on the literal meaning of its words.

Judicial Activism

The practice of courts establishing policies and considering societal impact when making rulings.

Judicial Restraint

The practice of justices focusing on the Constitution’s exact text and generally avoiding overturning precedents.

Commerce Clause

Gives Congress broad power to regulate interstate commerce and restricts states from impairing interstate commerce.

Equal Protection Clause

Part of the 14th Amendment stating that no state shall deny any person within its jurisdiction the equal protection of the laws.

Policy Agenda

A set of policies that a presidential candidate campaigns on, representing a promise to the voters on actions they will try to implement if elected.

Veto Power

The president can veto bills passed by Congress, which stops them from becoming law unless Congress overrides the veto with a two-thirds vote.

Pocket Veto

If Congress adjourns within 10 days of sending a bill and the president doesn’t sign it, the bill is automatically vetoed.

Executive Orders

Directives from the president to the executive branch, functioning similarly to federal law but not passed by Congress.

Signing Statements

When signing a bill, the president may issue a statement that provides their interpretation of the law, often indicating how they will enforce it.

Executive Agreements

Agreements with other heads of state that do not require Senate approval, unlike treaties.

Advice and Consent

The power of the Senate to approve many presidential appointments and all treaties, creating checks on presidential power.

Energy in the Executive

Hamilton argues that an effective government requires an 'energetic' executive who can act quickly and decisively.

Bully Pulpit

An excellent platform for the president to promote their policy agenda and persuade the public and Congress.

State of the Union Address

The only constitutionally mandated presidential communication, where the president recommends policies to Congress.

Constituency

A body of voters in a specified area who elect a representative to a legislative body.

Filibuster

An attempt to stall or kill a bill by talking for a very long time.

Cloture Rule

Counters filibusters, which requires a three/fifths vote to stop a senator from talking and bring the bill to a vote.

Enumerated Powers

Explicitly listed in Article I section 8 of the constitution

Implied Powers

Congress can pass any law that is required by the enumerated powers

Necessary and Proper Clause

aka Elastic Clause, Justification for these powers comes at the end of article I section 8

Standing committee

• Committees that endure for a long time

• Standing committee on the budget

• House judiciary committee

• Joint committees

• Members from both House + senate

• Ex: joint committee on the library of congress

• Select committees

• Committees established for a specific purpose, often temporary.

• Conference committee

• Formed to reconcile differences in legislationbetween the House and Senate after both have passed different versions of a bill.

FEDERALIST 78:

• Hamilton argued that the independence/lack of control that the Judicial branch had actually was able to act as protection for the power that it did have by ensuring judges could make decisions free from political pressure, thereby upholding the Constitution.

Marbury v. Madison

A landmark Supreme Court case that established the principle of judicial review, allowing the Court to declare laws unconstitutional.

Power of the Purse

The ability of Congress to control government spending and taxation, thereby influencing economic policy and priorities.