Executive Branch (Unit 2)

Cabinet- formal body of presidential advisors who head the 15 executive departments, presidents often add others to this body of formal advisors 

Council of Economic Advisors (CEA)- advises the President on foreign and domestic economic policies 

Executive agreement- formal international agreements entered into by the president that don’t require the advice and consent of the US Senate 

Executive privilege- implied presidential power that allows the president to refuse to disclose information regarding confidential conversations to Congress or the judiciary

Impeachment- first step in constitutional process of of removing government officials from office, a power delegated to the HoR to charge pres, VP, or other “civil officers” with treason bribery or other crimes

Line Item Veto (partial veto)- the power of executive authority to nullify or cancel specific parts or provisions of a bill

National Security Council (NSC)- the agency within the white house, led by the national security advisor, which brings together key foreign policy actors to advise the president

Office of Management and Budget (OMB)- the office that prepares the president’s annual budget proposal, reviews the budget and programs of the executive departments, supplies economic forecasts, and conducts detailed analyses of proposed bills and agency rules.

Pocket veto- congress is not in session and the president doesn’t sign the bill within 10 days the bill is dead

Bully pulpit- the view that a major power of the presidency, albeit not one prescribed by the Constitution, is to draw attention to and generate support for particular positions

Twenty-fifth Amendment- adopted in 1967 to establish procedures for filling vacancies in the office of president and vice president as well as providing procedures to deal with the disability of a president

Twenty-second Amendment- a president can only serve 2 terms (set term limit)

War Powers Resolution/Act- passed by congress in 1973 requires the authorization of congress to deploy troops overseas and limits the time of their deployment

Watergate- a scandal in the early 1970s involving a break in at the Democratic National Committees offices in the watergate office complex, the involvement of members of the Nixon administration and subsequent cover-ups lead to Nixon’s resignation from office and jail sentences for some members of his administration

Bureaucracy- a system of government where state officials make most important decisions rather than elected representatives

Administrative discretion- the ability of bureaucrats to make choices concerning the best ways to implement congressional or executive intentions

Command and control policy- typical system of regulations where government tells businesses how to reach certain goals, checks that those commands are followed, and punishes offenders

Deregulation- lifting of government restrictions on business, industry and profession activities

Executive orders- rule or regulation enacted by President that has the effect of law (can be easily removed)

Governmental corporations- agencies that conduct business or produce products for the nation 

Hatch Act- limits the political activities of federal employees to ensure that federal programs are administered in a non partisan fashion- employees are advanced based on merit and not political affiliation

Independent executive agencies- governmental units that closely resemble a cabinet department but have narrower areas of responsibility and performs services rather than regulatory functions A federal agency who specializes in one area that is not part of a cabinet department but reports directly to the president. (CIA, NASA)

Independent regulatory agency- federal regulatory agencies that are independent, thus not fully under the power of the president, created by congress outside a major executive department that regulates a specific interest or economic activity

Iron triangle/subgovernment- relatively ironclad relationships and patterns of interaction that occur among agencies, interest groups, and congressional committees or subcommittees

patronage- jobs, grants, or other special favors that are given as rewards to friends and political allies for their support

Pendleton Civil Service Act- created the Civil Service Commission, it is a reform measure that established the principle of federal employment on the basis of open, competitive exams

Judicial Branch (Unit 2)

Amicus curiae- “friend of the court”

Civil law- law that pertains to persons, things, and relationships between those, private disputes between two parties

Common law-  usually based on precedents, unwritten law that developed from custom and tradition because it was represented by judicial decisions in the past

Concurring opinion- agrees with majority opinion but for a different reason (meant for future justices)

Criminal law- a system of law concerned with the punishment of those who commit crimes

Dissenting opinion- disagrees with majority opinion (meant for future justices)

Judicial activism- a philosophy of judicial decision making that posits judges should use their power broadly to further justice, takes culture into account, makes decisions based off current policy views rather than honest interpretation of current law

Judicial restraint- interprets the law as it is written and doesn’t take into account current culture or policy

Judicial review-  actions of executive and legislative branch are subject to review by the judicial. the power of the judicial branch to strike a law as unconstitutional

Litigation- process of taking legal action

Political questions- something that can’t be determined by the court

Precedent- the majority opinion stands as precedent, an example to be followed in similar cases as they arise in the lower courts or reach in the Supreme Court, prior cases whose principles are used by judges as the bases for their decision in present cases

Per curiam decision- “by the court” decision 

Rule of four- four justices must agree to hear a case for it to be taken by the Supreme Court

Strict construction- interprets the document literally, not open to interpretation 

Stare decisis- let the decision stand, following precedents of what has been done in the past

Statutory law- law that from authoritative and specific law making sources

Federal district courts- trial courts, hears most of the federal cases, 94 courts in the US

Original jurisdiction- the court in which a case is first heard

Writ of certiorari-  SCOTUS orders a lower court to send the case up for review, helps clarify the laws 

Writ of habeas corpus- petition requesting that a judge order authorities to prove a prisoner is being held lawfully, implies that prisoners have the right to know what they are imprisoned for