Executive Branch, Elections, and Judicial Branch | Quizlet

Formal Powers

The powers explicitly granted to the president in the Constitution

Veto

The president's power to reject a bill passed by a legislature. Congress can override with a super majority vote.

Informal Powers

Powers not laid out in the Constitution but used to carry out presidential duties

Bully Pulpit

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

executive order

A rule issued by the president that has the force of law

executive agreement

an agreement between the president and the leader of another country. politically rather than legally binding.

signing statement

A written declaration that a president may make when signing a bill into law. Usually, such statements point out sections of the law that the president deems unconstitutional.

Federalist No. 70

Hamilton argued that single executive will provide a check on the president's power by increasing accountability

22nd Amendment

Limits the president to two terms.

Impeachment

Charges against a president approved by a majority of the House of Representatives. Senate hosts trial for removal.

Senatorial Advice and Consent

Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.

Congressional Override

The power of Congress to pass legislation over a president's veto. Requires a super majority of two-thirds approval to pass.

Power of the Purse

Constitutional power given to Congress to raise and spend money, meaning Congress controls the budget of executive agencies

Judicial Review

Allows the court to determine the constitutionality of laws and executive actions.

War Powers Act

Act that grants emergency executive powers to president to run war effort, but President must notify Congress within 48 hours of committing troops to combat and Congress must authorize continued presence of American forces

head of state

The role of the president as ceremonial head of the government. Includes participation in national traditions and holidays, like the Turkey pardon.

Chief Executive

The role of the president as head of the executive branch of the government. Includes overseeing executive agencies and choosing the officials and advisers of the Executive Branch.

Commander in Chief

The role of the president as supreme commander of the military forces of the United States and of the state National Guard units when they are called into federal service. Includes directing troop movements and use of weapons.

Chief Diplomat

The role of the president in recognizing foreign governments, making treaties, and effecting executive agreements.

Chief Legislator

The role of the president in influencing the making of laws. Includes "going public," agenda-setting, and vetoing legislation.

party chief and politician

Role of the president as a leader of their party, a representative of their constituents within the nation, and a campaigner for themselves and other party candidates.

The Bureaucracy

Appointed officials and government employees in the Executive Branch who carry out policy.

The Cabinet

Fifteen major departments of the executive branch. Example: The State Department.

Independent Executive Agency

Federal agency that is not part of a cabinet department but reports directly to the president. Ex. NASA

Independent Regulatory Agency

Agency outside of major executive departments charged with making and implementing rules and regulations within a specific area. Ex. Consumer Product Safety Commission

Government Corporations

Agency of government that administers a quasi-business enterprise. Ex. U.S. Postal Service

delegated discretionary authority

The power of bureaucratic agencies to decide how to implement policy, make rules, and enforce policy

standard operating procedures

Set of procedures agencies use to make decisions that citizens often find frustrating (red tape)

Primaries

Elections in which voters in a state vote for a nominee to become a party's candidate

closed primary

A primary in which only registered members of a particular political party can vote

open primary

A primary election in which voters may choose in which party to vote as they enter the polling place

Frontloading

The tendency of states to hold primaries early in the calendar in order to capitalize on media attention.

Caucus

A meeting of local party members to choose party officials or candidates for public office

National Convention

The meeting of party delegates every four years to choose a presidential ticket and write the party's platform.

Electoral College

A group of people named by each state legislature to select the president and vice president

12th Amendment

Amendment that modified the electoral college, separating votes for President and Vice President

14th Amendment

Amendment containing equal protection clause--a mechanism for penalizing states for denying suffrage

15th Amendment

Bans racial discrimination in voting

17th Amendment

Direct Popular election of U.S. Senators

19th Amendment

Bans gender discrimination in voting

23rd Amendment

Grants Washington, D.C. 3 electors, giving them a voice in presidential elections

24th Amendment

Bans poll taxes in national elections

26th Amendment

Protects voting rights for those 18 and older

Article III of the Constitution

Establishes the judicial branch of the federal government. Outlines the responsibilities of the Supreme Court and grants Congress the power to establish lower courts.

Judicial Independence

insulating judges from the need to be accountable to voters or elected officials so that they can make impartial decisions based on the law. Promoted by life tenure.

Judicial Review

Allows the court to determine the constitutionality of laws and executive actions

Original Jurisdiction

The authority of courts to hear a case first, usually in a trial. These are the courts that determine the facts about a case.

apellate jurisdiction

The authority of a court to review decisions made by lower courts

Diversity of Citizenship

A basis for federal court jurisdiction over a lawsuit between citizens of different states and countries.

Federal Question

A question that has to do with the U.S. Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction.

U.S. District Courts

Courts within the lowest tier of the three-tiered federal court system. They have original jurisdiction.

U.S. Court of Appeals

A court within the second tier of the three-tiered federal court system, to which decisions of the district courts and federal agencies may be appealed for review.

U.S. Supreme Court

the highest court of the United States; it sits at the top of the federal court system. It has both original and appellate jurisdiction, but mostly appellate. Nine justices make up the court.

Judicial Supremacy

The final voice on questions of whether actions by the national governments or state governments are constitutional. The Supreme Court has this authority.

Certiorari petition

Submitted to the Supreme Court requesting review of a case already decided

Rule of Four

At least four justices of the Supreme Court must vote to consider a case before it can be heard

Majority Opinion

a court opinion reflecting the views of the majority of the judges. When there are multiple opinions, this is the opinion that sets the precedent for lower courts (it is binding)

Dissenting Opinion

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

Concurring Opinion

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

Judicial Activism

A belief that the courts should take an active role in deciding cases related to politics and social issues

Judicial Restraint

a theory of judicial interpretation that encourages judges to limit the exercise of their own power and defer to elected branches whenever possible.

Strict Constructionist

an approach to constitutional interpretation that emphasizes the Framers' original intentions

Loose/Broad Constructionist

an approach to constitutional interpretation that allows for judicial interpretation using current facts and issues