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Supremacy Clause

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26 Terms

1

Supremacy Clause

the clause in Article VI of the Constitution that makes the Constitution, national laws, and treaties supreme over state laws as long as the national government is acting within its constitutional limits

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2

Enumerated powers

powers of the federal government that are specifically addressed in the Constitution

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3

Implied powers

powers of the federal government that go beyond those enumerated in the Constitution in accordance with the statement in the Constitution that Congress has the power to “make all laws necessary and proper for carrying into execution” the powers enumerated in Article I

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4

Elastic clause

the final paragraph of Article I, Section 8 which authorizes Congress to pass all laws “necessary and proper” to carry out the enumerated powers

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5

Extradition

a legal process whereby a state surrenders a person charged with a crime to the state in which the crime is alleged to have been committed

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6

Privileges and immunities

the provision of the Constitution according citizens of each state the privileges of citizens of other states

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7

Standing committee

permanent committees that handle most of Congress’ work

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8

Joint committee

members of both houses that address a long-term issue or program

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9

Select or special committee

temporary committees that handle a particular issue or investigation

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10

Conference committee

House and Senate members who reconcile similar bills; gather for a markup session to reach a compromise and hopefully pass the final bill through both houses

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11

Congressional Oversight Committees

committees that oversee how executive bodies are carrying out policy defined by Congress

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12

Caucuses

non governmental groups; can draft legislation

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13

Discharge petition

a simple majority of congressmen can sign this petition to bring a bill out of a reluctant committee and publicly debate it

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14

Cloture Rule

AKA Rule 22; enabled and required a two-thirds supermajority to close up or stop debate on a bill and call for a vote

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15

Trustee model of representation

role played by elected representatives who listen to constituent’s opinions and then use their best judgment to make final decisions

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16

Delegate model of representation

role played by elected representatives who vote the way their constituents would want them to, regardless of their own opinions

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17

Politico model of representation

role played by elected representatives who act as trustees or as delegates, depending on the issue

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18

Omnibus bill

a mammoth sized bill that takes care of several facets of law or addresses multiple programs

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19

Pork-barrel spending

government appropriation that provides funds for local improvements designed to ingratiate legislators to their constituents

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20

Logrolling

trading votes to gain support for a bill

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21

Mandatory spending

expenditures required by law, or mandated, for certain programs like Social Security, Medicare/Medicaid

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22

Discretionary spending

the funds that congressional committees debate how to divide up

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23

Majority opinion

the Court’s opinion

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24

Per curiam opinions

the Court issues a decision without full explanation and without identifying the author (not common)

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25

Common law

the body of court decisions that make up part of the law

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26

Precedent

a ruling that firmly establishes a legal principle

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