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Federal Bureaucracy
The departments and agencies within the executive branch that carry out the laws of the nation
Bureaucrat
An official employed within a government bureaucracy
Political Patronage
Filling of administrative positions as a reward for support, rather than merit
Pendleton Act
An act of Congress that created the first United States Civil Service Commision to draw up and enforce rules on hiring, promotion and tenure of office within the civil service (also known as Civil Service Reform Act of 1883)
Federal civil service
The merit-based bureaucracy, excluding the armed forces and political appointments
Merit system
a system of hiring and promotion based on competitive testing results, education, and other qualifications rather than politics and personal connections
Iron triangle
Coordinated and mutually beneficial activities of the bureaucracy, Congress, and interest groups to achieve shared policy goals
Issue network
Webs of influence between interest groups, policymakers, and policy advocates
Implementation
The bureaucracy's role in putting into action the laws that Congress has passed
Bureaucratic discretion
The power to decide how a law is implemented and to decide what Congress meant when it passed the law
Regulation
The process through which the federal bureaucracy makes rues that have the force of law, to carry out the laws passed by Congress
Bureaucratic adjudication
federal bureaucracy settles disputes between parties that arise over the implementation of federal laws or determines which individuals or groups are covered under a regulation or program
Monetary policy
Controlled by the federal reserve- managed through interest rates and money supply
Fiscal policy
Controlled by Congress- managed through taxes and government spending
Pork barrel spending
Legislation that directs specific funds to projects within districts or states
Logrolling
Trading of votes on legislation by members of Congress to get their earmarks passed into legislation
Oversight
Efforts by Congress to ensure that executive branch agencies, bureaus, and cabinet departments, as well as their officials, are acting legally and in accordance with congressional goals
Constituency
a body of voters in a given area who elect a representative or senator
Appointment
The process of determining the number the number of representatives for each states using census data
Redistricting
States' redrawing of boundaries of electoral districts following each census
Gerrymandering
The intentional use of redistricting to benefit a specific interest or group of voters
Partisan gerrymandering
Drawing district boundaries into strange shapes to benefit a political party
Majority-minority districts
a district in which voters of a minority ethnicity constitute an electoral majority within that electoral district
Malapportionment
the uneven distribution of the population among legislative districts
Incumbency
Being already in office as opposed to running for the first time
Incumbency advantage
Institutional advantages held by those already in office who are trying to fend off challengers in an election
Speaker of the House
The leader of the majority party who serves as the presiding officer of the House of Representatives; chosen by an election of its members
Political Action Committee (PAC)
an organization that raises money for candidates and campaigns
House Majority Leader
the person who is the second in command of the House of Representatives
Whip
a member of Congress, chosen by his or her party members, whose job is to ensure party unity and discipline
Minority leader
the head of the party with the second-highest number of seats in Congress, chosen by the party's members
Senate majority leader
the person who has the most power in the Senate and is the head of the party with the most seats
Committee chair
leader of a congressional committee who has authority over the committee's agenda
Discharge petition
a motion filed by a member of Congress to move a bill out of committee and onto the floor of the House of Representatives for a vote
House Rules Committee
a powerful committee that determines when a bill will be subject to debate and vote on the House floor, how long the debate will last, and whether amendments will be allowed on the floor
Committee of the Whole
consists of all members of the House and meets in the House chamber but is governed by different rules, making it easier to consider complex and controversial legislation
Hold
a delay placed on legislation by a senator who objects to a bill
Filibuster
a tactic through which an individual senator may use the right of unlimited debate to delay a motion or postpone action on a piece of legislation
Cloture
A procedure through which senators can end a filibuster and proceed to action, provided 60 senators agree to it
Veto
the power of a president to reject a bill passed by Congress, sending it back to the originating branch with objections
Office Management and Budget
the executive branch office that assists the president in setting national spending priorities
entitlement program
a program that provides benefits for those who qualify under the law, regardless of income
mandatory spending
spending for programs and policies at the discretion of Congress and the president
Budget surplus
the amount of money remaining when the government takes in more than it spends
Budget deficit
the annual shortfall when a government takes in less money than it spends
National debt
the total amount of money owed by the federal government
Delegate role
The idea that the main duty of a member of Congress is to carry out constituent's wishes
Trustee role
the idea that members of Congress should act as trustees, making decisions based on their knowledge and judgement
Politico role
representation where members of Congress balance their choices with the interests of their constituents and parties in making decisions
Bipartisanship
agreement between the parties to work together in Congress to pass legislation
Gridlock
A slowdown or halt in Congress's ability to legislate and overcome divisions, especially those based on partisanship
Divided government
control of the presidency and one or both chambers of Congress split between the two major parties
Lame duck period
period at the end of a presidential term when Congress may block presidential initiatives and nominees
Executive branch
The branch of government charged with putting the nation's laws into effect
Formal (enumerated) powers
powers expressly granted in the Constitution
Informal powers
powers not laid out in the Constitution but used to carry out presidential duties
Treaty
An agreement with a foreign government negotiated by the president and requiring a 2/3 vote in the senate to ratify
Veto
formal rejection by the president of a bill that has passed both houses of Congress
Pocket veto
An informal veto caused when the president chooses not to sign a bill within ten days, during a time when Congress has adjourned at the end of a session
Presidential Pardon
presidential authority to release individuals convicted of a crime from legal consequences and set aside punishment for a crime
Executive privilege
a right claimed by presidents to keep certain conversations, records, and transcripts confidential from outside scrutiny, especially that of Congress
Executive agreement
an agreement between the president and another nation that does not have the same durability as a treaty but does not require Senate ratification
Signing statement
written comments issued by presidents while signing a bill into law that usually consist of political statements or reasons for signing the bill but that may also include a president's interpretation of the law itself
Executive order
Policy directives issued by presidents that do not require congressional approval
War Powers Resolution
a law passed over President Nixon's veto that restricts the power of the president to maintain troops in combat for more than sixty days without congressional authorization
Impeachment
the process of removing a president from office, with articles of impeachment issued by a majority vote in the House of Representatives, followed by a trial in the Senate, with a two-thirds vote necessary to convict and remove
Executive Office of the President
collection of nine organizations that help the president with policy and political objectives
Bargaining and persuasion
informal tool used by the president to persuade members of Congress to support his policy initiatives
Bully pulpit
presidential appeals to the public to pressure other branches of government to support his or her policies
Going public
a tactic through which presidents reach out directly to the American people with the hope that the people will, in turn, put pressure upon their representatives and senators to press for a president's policy goals
Federal judiciary
the branch of the federal government that interprets the laws of the nation
Supreme court
the highest level of the federal judiciary, which was established in Article III of the Constitution and serves as the highest court in the nation
Original jurisdiction
The authority of a court to hear a case "in the first instance." Includes the finding of facts in the case
Appellate jurisdiction
The authority of a court to hear and review decisions made by the lower courts in that system
Federalist No. 78
Argument by Alexander Hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties but would serve as a check on the other two branches
Mabury v. Madison
Facts: Federalist John Adams loses in Democratic republican Thomas Jefferson in the election of 1800. Adams attempted to dilute the power of the Dem. Rep. by appointing "midnight judges." Adams signed commissions for the judges right up until he left office. William Marbury got appointed but did not commissioned. Marbury sue Madison to get his commission through Writ of Mandamus (A court order for an official to do what they're legally required to do)
Constitutional Clauses: The jurisdiction clauses in Article 3 of the constitution (know the types of jurisdiction!)
Holding: Chief Justice John Marshall broke the case down into 3 questions: 1.) Does Marbury have the legal right to his commission? 2.) If yes, is the court-ordered writ of mandamus the proper legal means to get the commission?
3.) If yes, does the Court have the authority to grant the writ of mandamus?
Answers: 1.) YES 2.) YES 3.) NO
John Marshall argues article 3 has nothing to do with issuing the Writ of Mandamus.
Marshall stated that Article 13 of the Judiciary Act conflicted with Article 3 of the Constitution.
Impact: Marbury did NOT get the commision. When MArshall declared that law unconstitutional he essentially invested the Supreme Court with the power of judicial review. With this case, the judicial branch became the final interpreter of the constitution
Judicial review
The authority of the Supreme Court to strike down unconstitutional laws
Criminal law
A category of law covering actions that harm the community
Civil law
A category of law covering cases involving private rights and relationships between individuals and groups
Federal district courts
the lowest level of the federal judiciary; these courts usually have original jurisdiction in cases that start at the federal level
Federal court of appeals
the middle level of the federal judiciary; review and hear appeals from the federal district courts
Precedent
a judicial decision that guides future courts in handling similar cases
Majority opinion
binding Supreme Court opinions, which serve as precedent for future cases
Stare decisis
letting a previous decision stand
Majority opinion
binding Supreme Court opinions, which serve as precedent for future cases
Concurring opinion
An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.
Dissenting opinion
An opinion disagreeing with a majority in a Supreme Court ruling and does not serve as a precedent
Judicial restraint
a philosophy of constitutional interpretation that justices should be cautious in overturning laws
Judicial activism
a philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies
Baker v. Carr (1962)
Facts: The states of Tennessee hadn't redrawn its legislative districts in over 60 years. Districts had not been redrawn to reflect that changes in population. This negligence to redraw was due to the fact that the supreme court had already decided that redistricting was no justiciable, meaning ot was a political question, not a judicial question
Constitutional Clauses: 14th Amendment/ Equal Protection Clause. 14th amendments stated that "No states shall make or enforce any law which shall... deny to any person within its jurisdiction the equal protection of the laws." Argument in Baker v. Carr: the districts in tennessee were not equally protected under the law.
Holding: Decided issues of reapportionment were in fact justiciable. The Supreme Court did have the authority to rule on questions of legislative reapportionment.
Impact: 1.) Established the foundation for the one person, one vote doctrine. States required to apportion their representatives in a way that equally represented all the people so that no votes counted any more than any other vote. 2.) It also fundamentally altered the nature of political representation across the US. Following this decision, may states had to redraw lines. 3.) It also got Supreme Court involved in political questions.
Federalist No. 70
Hamilton argued for a strong, single executive leader in the United States government, emphasizing the need for "energy" in the executive branch to effectively govern the nation
Writ of certiori (cert)
order by a higher court to review the decision of a lower court
Rule of 4
How the Supreme Court decides whether to hear a case. Requires four or more justices to "grant certiorari" (agree to hear an appeal). Supreme Court agrees to hear <1% of cases.
22nd Amendment
Limits the president to two terms.
25th Amendment
Sets the modern rules of succession and also establishes a process for replacing a vice president who leaves office
12th Amendment
separation of votes for President and Vice President
passing an amendment
2/3 of the house and senate approve of the proposal- send it to the state for a vote- 3/4 of the states must affirm the proposed amendments.
symbolic speech
nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
McDonald v. Chicago
Incorporated the 2nd Amendment right to bear arms to the states
pork barrel
Federal projects, grants, and contracts available to state and local governments, businesses, colleges, and other institutions in a congressional district.