AP US Government 2.1-2.15

article II

Executive Branch

powers of President

policy maker, executive order, commander and chief, head of executive branch, national party leader.

legislative checks on executive branch

impeachment, approval of appointments, ratify treaties

president as commander in chief

uses the military in crises at home or abroad

(with congressional approval)

enumerated powers

powers explicitly given

implied powers

Powers inferred from the express powers

inherent powers

Powers the Constitution is presumed to have delegated to the National Government because it is the government of a sovereign state within the world community

bully pulpit

the president's use of his prestige and visibility to guide or enthuse the American public

chief of staff

the person who oversees the operations of all White House staff and controls access to the president

National security council (NSC)

An agency in the Executive Office of the President that advises the president on national security

domestic policy council

advises on social/domestic policy

office of Management and Budget

An office that prepares the president's budget and also advises presidents on proposals from departments and agencies and helps review their proposed regulations.

Council of economic affairs

responsible for helping president make national economic policy

US Trade Representative

responsible for negotiating complex trade and tariff agreements for the president

the cabinet

A group of advisers to the president.

cabinet secretary

Head of a cabinet department and chief adviser to the president on the issues under the department's jurisdiction.

under what circumstances can the president be impeached?

if the president commits "treason, bribery, or other high crimes and misdemeanors"

House's role in impeaching

brings the charges against the president with majority vote

Senate's role in impeaching

holds a trial and votes on conviction. Requires 2/3 votes to convict

American legal principles

equal justice under the law, due process of law, adversarial system, presumption of innocence

substantive due process

the government must create fair policies and laws

procedural due process

the government must employ fair procedures and methods

un-substantive due process examples

black people can't vote, all blue eyed people have a curfew of 10pm

procedural due process example

right to a speedy trial

civil law

A law that governs relationships between individuals and defines their legal rights.

criminal law

A law that defines crimes against the public order.

grand jury

A group of citizens that decides whether there is sufficient evidence to accuse someone of a crime.

plea bargaining

a legal negotiation in which a prosecutor reduces a charge in exchange for a defendant's guilty plea

petit juries

juries called to determine guilt or innocence in criminal law

settlement

to avoid trial, parties negotiate

preponderance of evidence

standard of proof in a civil case in which a judge or jury must believe the plaintiff's story and evidence is stronger than the defendant's version.

jurisdiction of Federal District Courts

original jurisdiction

original jurisdiction

the authority to hear cases for the first time

jurisdiction of Federal Circuit Court of Appeals

appellate jurisdiction from District Courts

jurisdiction of Supreme Court

original and appellate

circuit court cases

federal constitutional right has been violated

influences of judicial appointments

president, senate judiciary committee, interest groups

senatorial courtesy

Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.

judicial philosophy

the way in which a judge understands and interprets the law

judicial restraint

judges who are reluctant to overturn acts of legislature

judicial activism

judges can adapt the meaning of the Constitution to meet the demands of contemporary realities

writ of certiorari

a request for the Supreme Court to order up the records from a lower court to review the case

justiciable

appropriate for court assessment; court will not rule of hypothetical cases

standing

legitimate justification for bringing a civil case to court

judicial review

the ability of the Supreme Court to declare an act of Congress unconstitutional

Marbury v. Madison

established judicial review.

briefs

written arguments on the case

amicus curiae briefs

Legal briefs submitted by a "friend of the court" for the purpose of raising additional points of view and presenting information not contained in the briefs of the formal parties. These briefs attempt to influence a court's decision.

solicitor general

Justice Department officer who argues the government's cases before the Supreme Court

unanimous opinion

a court opinion or determination on which all judges agree

majority opinion

a court opinion reflecting the views of the majority of the judges

concurring opinion

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

dissenting opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion

executive limits on supreme court

refusal to comply with SCOTUS decisions, appoints judges

legislative limits on supreme court

legislation that modifies court or intended to counteract the decisions of the Court, impeachment of justices, constitutional amendments

formal powers of executive

veto legislation, commander in chief, executive agreements

informal powers of executive

pocket veto, bargaining and persuasion, executive orders, signing statements

executive order

presidential directive with force of law that directs bureaucracy and military

signing statement

a presidential document that reveals what the president thinks of a new law and how it ought to be enforced

federalist 70 arguments

need for one person to act swiftly and decisively, checked by two branches, and single person is more accountable than a council

ways president can communicate with public

bully pulpit, new technology, state of the union

federalist 78

strong, independent judicial branch in form of lifetime appointments and non-elected judges to ensure nonpartisan decisions

precedents

act as binding templates for future judicial decisions and are very difficult to overturn

redistricting

done by state legislatures, redrawing of congressional boundaries

gerrymandering

Process of redrawing legislative boundaries for the purpose of isolating groups and influencing outcomes in congressional elections

qualifications for the House

25, citizen for 7 years, and inhabitant of district

qualifications for the Senate

30, citizen for 9 years, live in state

Baker v. Carr (1962)

created guidelines for drawing up congressional districts and guaranteed a more equitable system of representation to the citizens of each state. Regarded 14th Amendment's equal protection clause

Shaw v. Reno (1993)

Legislative redistricting must be conscious of race and ensure compliance with the Voting Rights Act of 1965

majority-minority districts

In the context of determining representative districts, the process by which a majority of the population is from the minority.

packing

isolating minorities into districts

cracking

diving minorities across many districts

hijacking

redrawing two districts in order to force two elected representatives of the same party to run against each other

kidnapping

moving an incumbent's home address into another district

delegated powers of Congress

tax, borrow money, regulate commerce, raise army, create federal courts, establish naturalization laws, making any laws necessary and proper

unique powers of the House

originates revenue bills, initiates impeachment, breaks ties for president in Electoral College

unique powers of the Senate

confirm presidential appointments, ratify treaties, conduct impeachment trials

congressional oversight

a committee's investigation of the executive and of government agencies to ensure they are acting as Congress intends

Delegate model

The view that an elected represent should represent the opinions of his or her constituents.

Trustee model

a model of representation in which a member of Congress follows his or her own conscience when deciding issue positions

Rules committee

A standing committee of the House of Representatives that provides special rules under which specific bills can be debated, amended, and considered by the house.

poison-pill amendments

opponents add something to bill that makes original supporters withdraw support

cloture

A procedure for terminating debate, especially filibusters, in the Senate. Requires 60 votes.

pet project riders

amendments congressmen add to bills to help their home state

pork barrels

"pet project" riders designed to bring federal money to a home state

earmarks

Special spending projects that are set aside on behalf of individual members of Congress for their constituents. Not allowed in the House.

conference committee

special joint committee created to reconcile differences in bills passed by the House and Senate

pocket veto

A veto taking place when Congress adjourns within 10 days of submitting a bill to the president, who simply lets it die by neither signing nor vetoing it.

line-item veto

an executive's ability to block a particular provision in a bill passed by the legislature

how committee assignments are determined

house or senate leadership, caucus of political parties.

standing committee

A permanent committee established in a legislature, usually focusing on a policy area

joint committee

A committee composed of members of both the House of Representatives and the Senate

select committee

temporary committee organized in each of for some special purpose such as investigations

conference committee

special joint committee created to reconcile differences in bills passed by the House and Senate

pigeon holed

a bill that is struck in committee

discharge petition

a method to force a bill out of committee for floor vote.

speaker of the house

the leader of the House chosen by the majority party in a special election

importance of the speaker of the house

direct floor debate, influence committee assignments, influence Rules Committee

majority leader

determines party policy and party's legislative agenda.

minority leader

determines minority party's legislative agenda.