psc 101 exam 2

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85 Terms

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apportionment

the process by which seats in the House of Representatives are distributed among the fifty states

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bicameralism

the political process that results from dividing a legislature into two separate assemblies

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bill

proposed legislation under consideration by a legislature

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cloture

a parliamentary process to end a debate in the Senate, as a measure against the filibuster; invoked when three-fifths of senators vote for the motion

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collective representation

the relationship between Congress and the United States as a whole, and whether the institution itself represents the American people

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conference commitee

a special type of joint committee that reconciles different bills passed in the House and Senate so a single bill results

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constituency

the body of voters, or constituents, represented by a particular politician

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delegate model of representation

a model of representation in which representatives feel compelled to act on the specific stated wishes of their constituents

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descriptive representation

the extent to which a body of representatives represents the descriptive characteristics of their constituencies, such as class, race, ethnicity, and gender

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enumerated powers

the powers given explicitly to the federal government by the Constitution to regulate interstate and foreign commerce, raise and support armies, declare war, coin money, and conduct foreign affairs

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filibuster

a parliamentary maneuver used in the Senate to extend debate on a piece of legislation as long as possible, typically with the intended purpose of obstructing or killing it

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implied powers

the powers not specifically detailed in the U.S. Constitution but inferred as necessary to achieve the objectives of the national government

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inherent powers

the powers neither enumerated nor implied but assumed to exist as a direct result of the country’s existence

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joint committee

a legislative committee consisting of members from both chambers that investigates certain topics but lacks bill referral authority

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majority leader

the leader of the majority party in either the House or Senate; in the House, the majority leader serves under the Speaker of the House, in the Senate, the majority leader is the functional leader and chief spokesperson for the majority party

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markup

the amending and voting process in a congressional committee

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minority leader

the party member who directs the activities of the minority party on the floor of either the House or the Senate

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oversight

the right to review and monitor other bodies such as the executive branch

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politico model of representation

a model of representation in which members of Congress act as either trustee or delegate, based on rational political calculations about who is best served, the constituency or the nation

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pork-barrel politics

federal spending intended to benefit a particular district or set of constituents

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president pro tempore

the senator who acts in the absence of the actual president of the Senate, who is also the vice president of the United States; the president pro tempore is usually the most senior senator of the majority party

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representation

an elected leader’s looking out for constituents while carrying out the duties of the office

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select committee

a small legislative committee created to fulfill a specific purpose and then disbanded; also called an ad hoc, or special, committee

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speaker of the house

the presiding officer of the House of Representatives and the leader of the majority party; the Speaker is second in the presidential line of succession, after the vice president

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standing committee

a permanent legislative committee that meets regularl

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surge-and-decline theory

a theory proposing that the surge of stimulation occurring during presidential elections subsides during midterm elections, accounting for the differences we observe in turnouts and results

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trustee model of representation

a model of representation in which representatives feel at liberty to act in the way they believe is best for their constituents

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whip

in the House and in the Senate, a high leadership position whose primary duty is to enforce voting discipline in the chambers and conferences

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bully pulpit

Theodore Roosevelt’s notion of the presidency as a platform from which the president could push an agenda

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cabinet

a group of advisors to the president, consisting of the most senior appointed officers of the executive branch who head the fifteen executive departments

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executive agreement

an international agreement between the president and another country made by the executive branch and without formal consent by the Senate

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executive office of the president

the administrative organization that reports directly to the president and made up of important offices, units, and staff of the current president and headed by the White House chief of staff

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executive order

a rule or order issued by the president without the cooperation of Congress and having the force of law

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executive privilege

the president’s right to withhold information from Congress, the judiciary, or the public

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going public

a term for when the president delivers a major television address in the hope that public pressure will result in legislators supporting the president on a major piece of legislation

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impeachment

the act of charging a government official with serious wrongdoing, which in some cases may lead to the removal of that official from office

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king caucus

an informal meeting held in the nineteenth century, sometimes called a congressional caucus, made up of legislators in the Congress who met to decide on presidential nominees for their respective parties

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line-item veto

a power created through law in 1996 and overturned by the Supreme Court in 1998 that allowed the president to veto specific aspects of bills passed by Congress while signing into law what remained

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office of management and budget

an office within the Executive Office of the President charged with producing the president’s budget, overseeing its implementation, and overseeing the executive bureaucracy

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rally around the flag effect

a spike in presidential popularity during international crises

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signing statement

a statement a president issues with the intent to influence the way a specific bill the president signs should be enforced

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amicus curiae

literally a “friend of the court” and used for a brief filed by someone who is interested in but not party to a case

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appellate court

a court that reviews cases already decided by a lower or trial court and that may change the lower court’s decision

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appellate jurisdiction

the power of a court to hear a case on appeal from a lower court and possibly change the lower court’s decision

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associate justice

a member of the Supreme Court who is not the chief justice

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brief

a written legal argument presented to a court by one of the parties in a case

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chief justice

the highest-ranking justice on the Supreme Court

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circuit courts

the appeals (appellate) courts of the federal court system that review decisions of the lower (district) courts; also called courts of appeals

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civil law

a non-criminal law defining private rights and remedies

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common law

the pattern of law developed by judges through case decisions largely based on precedent

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concurring opinion

an opinion written by a justice who agrees with the Court’s majority opinion but has different reasons for doing so

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conference

closed meeting of the justices to discuss cases on the docket and take an initial vote

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courts of appeals

the appellate courts of the federal court system that review decisions of the lower (district) courts; also called circuit courts

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criminal law

a law that prohibits actions that could harm or endanger others, and establishes punishment for those actions

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dissenting opinion

an opinion written by a justice who disagrees with the majority opinion of the Court

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district courts

the trial courts of the federal court system where cases are tried, evidence is presented, and witness testimony is heard

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docket

the list of cases pending on a court’s calendar

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dual court system

the division of the courts into two separate systems, one federal and one state, with each of the fifty states having its own courts

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judicial activism

a judicial philosophy in which a justice is more likely to overturn decisions or rule actions by the other branches unconstitutional, especially in an attempt to broaden individual rights and liberties

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judicial restraint

a judicial philosophy in which a justice is more likely to let stand the decisions or actions of the other branches of government

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judicial review

the power of the courts to review actions taken by the other branches of government and the states and to rule on whether those actions are constitutional

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majority opinion

an opinion of the Court with which more than half the nine justices agree

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Marbury v. Madison

the 1803 Supreme Court case that established the courts’ power of judicial review and the first time the Supreme Court ruled an act of Congress to be unconstitutional

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oral argument

words spoken before the Supreme Court (usually by lawyers) explaining the legal reasons behind their position in a case and why it should prevail

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original jurisdiction

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

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precedent

the principles or guidelines established by courts in earlier cases that frame the ongoing operation of the courts, steering the direction of the entire system

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Rule of Four

a Supreme Court custom in which a case will be heard when four justices decide to do so

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senatorial courtesy

an unwritten custom by which the president consults the senators in the state before nominating a candidate for a federal vacancy there, particularly for court positions

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solicitor general

the lawyer who represents the federal government and argues some cases before the Supreme Court

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stare decisis

the principle by which courts rely on past decisions and their precedents when making decisions in new cases

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trial court

the level of court in which a case starts or is first tried

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writ of certiorari

an order of the Supreme Court calling up the records of the lower court so a case may be reviewed; sometimes abbreviated cert.

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bureaucracy

an administrative group of nonelected officials charged with carrying out functions connected to a series of policies and programs

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bureaucrats

the civil servants or political appointees who fill nonelected positions in government and make up the bureaucracy

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civil servants

the individuals who fill nonelected positions in government and make up the bureaucracy; also known as bureaucrats

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government corporation

a corporation that fulfills an important public interest and is therefore overseen by government authorities to a much larger degree than private businesses

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merit system

a system of filling civil service positions by using competitive examinations to value experience and competence over political loyalties

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negotiated rulemaking

a rulemaking process in which neutral advisors convene a committee of those who have vested interests in the proposed rules and help the committee reach a consensus on them

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patronage

the use of government positions to reward individuals for their political support

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pay schedule

a chart that shows salary ranges for different levels of positions vertically and for different ranks of seniority horizontally

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privatization

measures that incorporate the market forces of the private sector into the function of government to varying degrees

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public administration

the implementation of public policy as well as the academic study that prepares civil servants to work in government

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red tape

the mechanisms, procedures, and rules that must be followed to get something done

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spoils system

a system that rewards political loyalties or party support during elections with bureaucratic appointments after victory

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whistleblower

a person who publicizes misdeeds committed within a bureaucracy or other organization