Exam 2 Review - Congress, Executive, and Judicial Branches

Vocabulary flashcards covering key terms and concepts for Exam 2 on the Legislative, Executive, and Judicial branches.

Incumbents

Officials who currently hold public office and generally have a high probability of being re-elected.

Pork-Barrel Spending

Spending projects approved by Congress that primarily benefit particular constituents of a specific legislator.

Political Action Committees (PACs)

The fundraising units established by interest groups to support political candidates.

Redistricting

The redrawing of congressional district boundaries every ten years based on Census population data to ensure equal population representation.

Gerrymandering

Redistricting controlled by the party in power of the state legislature to favor their candidate's chances of getting re-elected.

Surge and Decline Theory

A political theory stating that presidential elections attract voters with weaker party ties who help the president's party, but who do not turn out to vote during midterm elections.

Bicameral Legislature

A legislative body consisting of two separate chambers, such as the United States Congress.

Party Caucus

A periodic closed-session meeting of political party members in Congress to plan strategy, develop issues, and resolve policy differences.

Speaker of the House

The leader of the House of Representatives chosen by the majority party, considered the most powerful elected official besides the President.

Majority Leader

The congressional leader responsible for setting the agenda for bills in the House.

Majority Whip

A congressional party leader who informs party members about important votes and advises how the party should vote on a bill.

Closed Rule

A rule introduced through the House Rules Committee that prohibits amendments from being offered to a bill.

Riders

Amendments added to a bill in the Senate that do not have to relate directly to the bill's content.

Standing Committees

Permanent congressional committees with responsibility for a particular area of public policy, such as the Senate Foreign Relations Committee.

Cloture

A procedural vote requiring a three-fifths majority (60 out of 100 senators) to limit Senate debate to 30 hours and defeat a filibuster.

Filibuster

A procedural tactic in the Senate where a minority of senators block a bill by talking continuously until the bill is withdrawn or altered.

Law Making

The key policy-making function where Congress makes laws that are necessary to carry out the government's power.

Representation

The responsibility of the legislature to represent various interests in society.

Oversight

The responsibility of Congress to supervise the executive branch to make sure laws are being enforced faithfully.

Commander in Chief

The presidential role that grants control over the nation's armed services.

Chief Diplomat

The presidential role that involves handling diplomatic relationships with foreign countries.

Chief Executive

The presidential role responsible for enforcing laws.

Limited President Theory

A 19th-century theory arguing that the president should only execute powers expressly granted by the Constitution and obey Congress's wishes.

Stewardship Theory

A theory emerging under Theodore Roosevelt asserting that the president can take any action unless it is explicitly prohibited by law or the Constitution.

Bully Pulpit

The public communication platform available to the president that enables them to influence the national agenda.

Permanent Campaigning

The continuous use of public opinion polls and rallies by a president to build popular support for their agenda.

Executive Orders

Directives issued by the president specifying how laws are to be administered, which must be grounded in existing law.

Executive Agreements

Pacts made directly between the president and foreign nations that do not conflict with laws enacted by Congress.

Impeachment Process

The constitutional procedure where the House votes by majority to place an official on trial, followed by a Senate trial requiring a two-thirds vote for removal.

Honeymoon Period

The early months of a newly elected president's term when Congress, the press, and the public look to the Oval Office for leadership and ideas.

Judicial Review

The power of courts to decide whether a governmental institution has acted within its constitutional powers and declare unconstitutional actions null and void.

Federal Court System Hierarchy

The structural layout of the judicial branch, encompassing District Courts, Courts of Appeals, Specialty Courts, State Courts, and the Supreme Court.

Original Jurisdiction

The legal authority of a court to be the first to hear a case and conduct trial proceedings.

Appellate Jurisdiction

The authority of a higher court to review cases already tried in lower courts to check if facts and laws were applied correctly.

Rule of Four

A Supreme Court requirement where at least four justices must agree to accept a case before issuing a writ of certiorari.

Writ of Certiorari

An official request issued by the Supreme Court instructing a lower court to submit the record of a case for review.

Ripeness

A legal standard assessing whether a legal claim is real and existing rather than based on potential future events that have not occurred.

Mootness

A legal standard assessing whether the circumstances of a case have changed to the point that a judicial decision is no longer relevant.

Standing

The requirement that a party bringing a lawsuit must prove they are actually and significantly harmed by the action in question.

Political Question Doctrine

A doctrine preventing courts from hearing challenges concerning the political judgment of elected officials rather than their legal or constitutional authority.

Majority Opinion

A written Supreme Court decision supported by five or more justices agreeing on both the outcome and legal reasoning.

Plurality Opinion

A written opinion representing the largest faction of justices when a majority of five or more agrees on the outcome but not the legal rationale.

Concurring Opinion

A separate view written by a justice who agrees with the decision's outcome but disagrees with its reasoning or wishes to expand upon it.

Dissenting Opinion

An opinion written by justices on the losing side outlining why they disagree with the court's decision.

Per Curiam Opinion

An unsigned court opinion published on behalf of the whole bench rather than individual justices.

Shadow Docket

Supreme Court decisions made quickly without oral presentations, typically resulting in brief unsigned rulings.

Missouri Plan

A judicial selection method where the governor appoints a judge from a commission's list, followed later by a public yes-or-no retention election.

Precedent (Stare Decisis)

The legal principle that court decisions should be guided by how courts ruled on similar cases in the past.

Amicus Curiae

Briefs filed by 'friends of the court' (such as interest groups) expressing legal opinions on a case pending before the Supreme Court.

Judicial Restraint

The doctrine asserting that judges should defer to precedent and elected lawmakers in nearly all legal situations.

Judicial Activism

The doctrine holding that judges should invalidate actions of elected officials if they are unconstitutional and re-evaluate precedent when necessary.

Originalism Theory

The theory that the meaning of constitutional provisions was fixed at the time of writing and rulings must align with that original intent.

Living Document Theory

The theory that constitutional law should evolve to reflect changing societal conditions and contemporary values.