FGOV Exam 3 Review: Presidential Power and Bureaucracy

Presidential power

The evolution of presidential authority in response to historical events and needs, leading to increased executive power.

Development of presidential power

Key milestones, such as wars, crises, and legislation that have expanded presidential powers over time.

Sources of presidential power

Presidential powers are derived from the Constitution, laws enacted by Congress, and executive orders.

Presidential powers

These include the ability to enforce laws, command the military, conduct foreign affairs, appoint officials, and veto legislation.

Federal bureaucracy

The administrative system responsible for carrying out the government's policies and regulations.

Bureaucrats

They implement government policies, manage public programs, and provide services to the public.

Growth of the American bureaucracy

The expansion of federal agencies and staff in response to increasing governmental responsibilities, especially during the 20th century.

Modern United States bureaucracy

Features of today's bureaucracy, including its complexity, accountability, and adaptive nature amid changing policies.

Civil service regulations

The establishment of systems to ensure that public officials are selected based on merit rather than political patronage.

Pendleton Act

A law passed in 1883 that established the merit-based system for federal employment, reducing patronage.

Hatch Act

A federal law restricting political activities of government officials to ensure non-partisan government.

Provisions for Congress in the Constitution

The legislative framework outlining the structure, powers, and duties of Congress.

Congress representation

Through elected representatives who serve as a voice for their constituents' interests.

Incumbency advantage

The benefits that current officeholders have over challengers during elections, including name recognition and access to funding.

Redistricting

The process of redrawing electoral district boundaries to reflect population changes following the census.

Structures of Congress

Comprised of two chambers: the House of Representatives and the Senate, each with distinct roles and powers.

Reapportionment

The reallocating of seats in the House of Representatives based on population changes every ten years.

Bill to law process

A process involving introduction, committees, voting in both chambers of Congress, and finally presidential approval.

Provisions for the court system in the Constitution

Constitutional guidelines for establishing and regulating the judicial system and its authority.

Details of the United States court system

Title 28 of the U.S. Code outlines federal court jurisdiction, structure, and governance.

Marbury v.

A landmark case that established the principle of judicial review.

Madison Supreme Court decision

A landmark case that established the principle of judicial review, allowing courts to invalidate laws that are unconstitutional.

Judicial review

The power of the courts to review executive and legislative actions for constitutionality.

Common law

Law developed by judges through decisions in individual cases.

Precedent

Previously established legal principles.

Criminal law

Deals with offenses against the state.

Civil law

Involves disputes between individuals or entities.

Court system structure

The hierarchical organization of courts, including trial courts, appellate courts, and the Supreme Court.

Federal judges selection

Federal judges are nominated by the president and confirmed by the Senate.

Access to the Supreme Court

The criteria and processes for bringing cases before the Supreme Court, including standing and writs of certiorari.

Types of opinions in court cases

Majority, concurring, dissenting, and per curiam opinions, each serving different functions in legal reasoning.

Judicial restraint

A judicial philosophy regarding the limited role of courts in interpreting law.

Judicial activism

A judicial philosophy advocating for a more active role of courts in interpreting law.

Originalism theory

A judicial philosophy that interprets the Constitution based on its original meaning.

President's cabinet

A group of appointed officials who head executive departments and advise the president.

Executive Privilege

The right of the president to withhold information from Congress, the courts, or the public for the sake of national security or the public interest.

Pendleton Act

A law aimed at reforming the federal service by establishing a merit-based system for hiring and promotions.

Hatch Act

A federal law designed to limit political activities of federal employees to maintain a non-partisan government environment.

Executive Orders

Directives issued by the president that manage the operations of the federal government.

Congressional Committees

Subgroups within Congress that specialize in specific areas of legislation and oversight, enhancing the legislative process.

Types of Supreme Court opinions

Varieties of opinions that provide insight into the Court's decisions and reasoning, affecting future interpretations of law.

Senate checks on courts

The Senate has the authority to confirm or reject judicial nominations and can propose constitutional amendments.

Delegate model of representation

A theory of representation where elected officials act solely on the preferences of their constituents.

Trustee model of representation

A theory where representatives act according to their own judgment and conscience, believed to benefit constituents in the long run.

Apportionment

The method by which seats in the House of Representatives are allocated among the states based on population.

Redistricting

The process of redrawing district lines for legislative representatives according to population changes and political considerations.

Senatorial Courtesy

A tradition where the Senate upholds the right of senators to approve or reject presidential nominations within their state.

Veto

The president's constitutional right to reject a bill or resolution passed by Congress.

Pocket Veto

A special veto exercised by the president by taking no action on a bill for ten days, leading to its automatic defeat if Congress is adjourned.

Impeachment

The process by which a legislative body formally charges a government official with misconduct.

Writ of certiorari

A legal order for a higher court to review the decision of a lower court.

17th Amendment

This amendment established the direct election of U.S. Senators by popular vote.

Creation of the court system in Article III of the Constitution

Article III of the Constitution establishes the judicial branch and its authority, including the Supreme Court.

Briefs

Written arguments submitted to a court by parties in a case, outlining legal points and relevant precedents.

The War Powers Act

A law that restricts the president's ability to engage U.S. forces in hostilities without congressional approval.

President of the Senate

The vice president of the United States who presides over Senate sessions and casts tie-breaking votes.

Common Law

A system of law based on judicial precedents rather than statutes.

Judicial Review

The power of the courts to measure laws against the Constitution and nullify those that are found unconstitutional.

Spoils or Patronage System

The practice of giving government jobs and other advantages to political supporters and loyalists.

Standing

The legal right to initiate a lawsuit, based on the relationship between the plaintiff and the subject of the lawsuit.

Civil Case

A legal dispute between two or more parties seeking monetary compensation or specific performance rather than criminal penalties.

Criminal Case

A legal action initiated by the government against an individual accused of committing a crime.

Stare decisis

The legal principle of determining points in litigation according to precedent.

Amicus curiae

"Friend of the court" briefs filed by non-litigants with a strong interest in the case, providing additional perspectives and insights.

Judicial restraint

A philosophy advocating that courts should not decide cases on constitutional grounds unless absolutely necessary.

Judicial activism

A philosophy where judges are willing to interpret the Constitution broadly and overturn other branches' actions if deemed necessary.

Executive Agreement

An international agreement made by the executive branch without the ratification of the Senate.

Treaty

A formal agreement between two or more sovereign states that requires Senate approval.

Powers of the President

The constitutional and statutory powers granted to the president, including legislative, executive, and diplomatic powers.

Marbury v. Madison

The 1803 landmark case establishing the principle of judicial review in the U.S.

Filibuster

A parliamentary procedure in the Senate allowing senators to delay or block votes on proposals by extending debate.