American Gov. Exam 2

Committee types

Committee functions

Casework

Activity undertaken by Congress and its staff to solve constituents’ (voting members) problems with government agencies

Cloture

Parliamentary procedure used to close debates. Used in Senate to cut off filibusters. Rule: 3/5 of senators (60) must vote to halt a filibuster except on presidential nominations to offices other than Supreme Court justice.

Agenda control

The capacity to set the choices available to others

Filibuster

Method used in Senate to halt action on a bill. Involves making long speeches until majority backs down. Senators have unlimited time to speak unless cloture is passed by 3/5 of members.

Gerrymandering

Manipulation of voting district boundaries to give one party an unfair advantage, often resulting in distorted election outcomes.

Party leadership (majority leader)

Formal leader of the party that controls the majority of the seats in the House or Senate. (Senate - head of the majority party, House - ranks 2nd behind the speaker)

Party leadership (majority whip)

Majority party official in Congress that manages communications between party leaders and members (minority serves the same purpose)

Committee referral

The legislative process of assigning an introduced bill to 1+ congressional committees based on subject matter for revisions before it reaches the floor. Controlled by the speaker (House) or presiding officer (Senate). Determines whether lawmakers review the legislation

Open rule

Prodcedural rule allowing any member to offer amendments to a bill during debates, as long as they comply with standard House rules

Closed rule

Prodcedural rule that prohibits any amendments to a bill during debates, and allowing only those suggested by the committee handling the legislation

Restricted rule

Procedural rule that allows amendments during debates, but specifies and limits what kings of amendments can be made

Pork barrel legislation

Legislation that provides members of Congress with federal projects and programs for their individual districts

Unanimous consent agreement

Unanimous resoulution in the Senate that restricts debate and limits amendments to bills on the floor

Two-stage electoral system

Voting system with 2 parts. The 2 winners of the first election move on to the second, the winner of that is elected

Geographic constituency

Defined/bounded territory where voters elect representatives to a legislative body. AKA electoral district

Electoral constituency

Specific geographic area defined for electoral purposes, designed to provide voters with equal representation in government with equal population sizes

Primary constituency

Initial election held to determine which candidates will run in the general election

Divided government

When one political party controls the executive branch and the other political party controls one/both houses of the legislature

Unified government

When one political party controls the presidency, House, and Senate

Omnibus legislation

A single massive bill that includes multiple smaller measures into one, which only requires 1 vote to pass. Frequently used for annual federal spending

Log-rolling

Legislative vote trading (ex. you vote for my thing and I’ll vote for yours)

Executive Office of the President (EOP)

A group of agencies that help the president oversee department and agency activities. Includes the White House, Office of Managment and Budget, National Security Council, and Council of Economic Advisers

Expressed powers of the presidency

Commanding armed forces, making treaties (with Senate approval), vetoing legislation, ensuring laws are executed, appointing ambassadors/federal officers, and granting pardons

Implied powers of the presidency

Expected to effectively manage the executive branch and foreign policy

Executive order

Presidential directive to an agency to establish new policies or say how an existing policy should be carried out

“Going public”

Presidents do this when they engage in public relations to promote their policies to voters and introduce cooperation from other elected officeholders in Washington

Presidential memorandum

Directive from the president for managing executive branch operations/policies/agencies to uphold the law. Often used for delegating tasks or directing agency actions. Don’t require publication in the Federal Register, but when they are, they carry the same legal standing of an executive order.

Signing statement

Statement issued by the president to outline their interpretation of the law, used to signal how to implement or potentially ignore certain provisions

State of the Union Address

Message to Congress delivered by the president: “from time to time give to the Congress information of the State of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient.” (about the current condition of the nation)

War Powers Act

Law that requires the president to inform Congress within 48 hours of committing troops abroad in a military action

The Cabinet

Group of presidential advisers who head the major departments/agencies of the federal government. Chosen by the president and approved by Senate

Electoral college

The body of electors in each state (chosen by voters), who formally elect the president and vice president. Each state’s number of votes equals its representation in Congress. Absolute majority of the total electoral vote is required to elect a president

Selective enforcement

When authorities apply rules/laws/regulations inconsistently and target specific groups or individuals

Prosecutorial discretion

Authority of prosecutors to decide whether to charge someone, what charges to bring, or whether to dismiss, reduce, or settle a case

Original jurisdiction

Court’s authority to hear a case for the first time as an initial trial before any appellate review. Allows them to establish facts and make initial verdicts. (Ex. U.S. District Court)

Appellate jurisdiction

Power of a higher court to review, amend, or reverse decisions made by lower courts. No new evidence is presented. (U.S. Appeal Courts)

Dissenting opinion

A formal, written statement by 1+ judges/justices in an appellate court explaining their disagreement with the majority decision

Concurring opinion

A written statement by 1+ judges of a court that agrees with the final judgement reached by the majority, but disagrees with/wants to clarify the legal reasoning behind the decision

Court of appeals

The second tier of courts in the judicial system, between the Supreme and district courts. One of these serves each of the 11 regions

Federal district court

General trial courts that handle both civil and criminal cases involving federal law/U.S. government and disputes between citizens of different states. At least 1 in each state

Court-packing

The practice of increasing the number of judges or justices on a court to change its ideological balance for political reasons. Attempted by Franklin Roosevelt in 1937

Judicial review

The authority of a court to declare legislative and executive acts unconstituional and therefore invalid

Activism

When judges deliberately shape judicial doctrine to conform to their personal view of the Constituion and social policy

Restraint

Courts usually go along with decisions made by elected officials (like Congress or the President) unless those decisions clearly break the Constitution or established legal rules

Rule of Four

Rule used by the Supreme Court stating that when 4 justices support hearing a case, the certiorari petition is granted

Writ of Certiorari

An order given by a superior court to an appellate court that directs the lower court to send up a case that the superior court has decided to review (the central means by which the Supreme Court determines what cases it will hear) (agreeing to hear a case from a lower court)

Writ of Mandamus

“We command”. A court-issued writ commands a public official to carry out a specific act or duty that they are legally required to do

State decisis

Legal doctrine that requires courts to follow historical precedents (previously decided similar cases) to ensure consistency and predictability in the law

Amicus curiae

“Friend of the court”. A person or organization that submits a brief to advise the court on matters of law or policy. Provides unique expertise to aid the court in complex decisions

Senatorial courtesy

Informal practice where senators are given veto power over federal judicial appointments in their home states

Earmarks

Money set aside by Congress in the federal budget to pay for projects in the home district of a Congress member