Politics Final Key Terms

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  1. Executive Agreements
    • •rests primarily on presidents constitutional authority as commander in chief
    • •cover issues such as trade, war reparations, nuclear energy
    • •published in Treaties and Other International Agreements
    • •not binding on subsequent administrations
  2. Executive Order
    • –A rule or regulation issued by president that has effect of law
    • –All must be published in Federal Register
    • –Used by presidents to make and shape policy without legislative approval
  3. Executive Orders (EO) have Two Main Functions
    • –Modify how an executive branch dept./agency does its job (rule change)
    • –Modify existing law. Can help clarify or implement legislation enacted by Congress
  4. Executive Orders regarding Checks/Balances
    • –Subject to judicial review; can be declared unconstitutional
    • –Congress can override an EO by passing new legislation
  5. cloture
    mechanism requiring vote of 60 senators to cut off debate
  6. patronage
    jobs, grants, or other special favors that are given as rewards to friends and allies for their support
  7. filibuster
    formal way of halting Senate action on a bill by means of long speeches or unlimited debate
  8. gerrymandering
    drawing of congressional districts to produce electoral outcome without regard to shape of district
  9. majority leader
    head of party controlling most seats in House or Senate; 2nd in authority of Speaker of House
  10. minority leader
    head of party with 2nd highest number of elected presidents in House or Senate
  11. pork barrel
    legislation allowing representatives to bring money to their districts in form of public work programs or other programs
  12. President Pro Tempore
    official chair of Senate; usually most senior member of majority party
  13. amicus curaie
    "friend of court", may list briefs or appear to argue their interests orally before court
  14. Judicial Review
    • •power of court to decide if law or other legal issue defy the Constitution, and then overturn it
    • •not mentioned in Constitution
    • •established by Marshall Court
    • •has been used more frequently to invalidate acts of state legislatures
  15. Appellate Jurisdiction
    • –Hears cases already heard by highest state court, U.S. Court of Appeals, regulatory commissions, legislatives courts
    • –96% of the Supreme Court’s caseload
  16. Writ of Certiorari
    petitions from parties seeking review of their cases (2/3rds of the cases). Rigorous filing requirements
  17. Judicial Restraint
    encourages minimalist roles for judges
  18. Judicial Activism
    feels that judges should use law to promote justice, equality, and personal liberty
  19. Precedent
    Prior judicial decisions serve as a rule for settling later cases of similar nature
  20. Why is the term of the Senate longer?
    -so it can deal with more weighty issues that may not appeal to people such as foreign policy

    -To insure that statesmen served in Senate
  21. Conference Committee
    special joint committees that resolve differences in bills passed by either house
  22. Majority and Minority Whips
    –Mainly responsible for counting heads and rounding-up party members for votes
  23. What is redistricting?
    redrawing of congressional districts to reflect changes in seats allocated to states from population shifts

    done by state legislatures and always has political overtones
  24. Standing Committee
    • -Coordinate party strategy and try to keep their parties united
    • -Leadership positions have few specific powers, so positions require skill, intelligence, personality, and ability to compromise
    •2/3rds of justices must be present in Court

    •Argument given by one lawyer on each side before all vote

    •Majority opinion speaks for final decision of Court
  26. U.S. v. Nixon
    Supreme Court ruled that there is no constitutional absolute executive privilege that would allow a president to refuse to comply with a court order to produce information needed in a criminal trial
  27. Executive Privilege
    Assertion of presidential power

    The belief that the president can withhold information requested in matters related to his office
  28. The Vice President
    • •Primary job: to assume office if the president dies or is incapacitated
    • •Only formal duty is to preside over the Senate or to break tie votes in the Senate
  29. A vice president is chosen for a number of reasons
    • –geographical balance
    • –to bring party back together at convention
    • –VPs can also be used to overcome candidate shortcomings
  30. Congress passed the Presidential Succession Act of 1947 that stated the order of succession after the Vice President
    • –Speaker of the House
    • –President Pro Tempore of the Senate
    • –Secretary of State, Treasury, Defense, and other Cabinet heads in order of the creation of their department
  31. The President’s expansion of powers are referred to as...., and comes from
    inherent powers, Article II
  32. presidential veto
    the rejection of a bill passed by the majority votes of both the House of Representatives and the Senate
  33. Senatorial courtesy
    unwritten political custom whereby the president consults the senior U.S. Senator of his political party of a given state before nominating any person to a federal vacancy within that Senator's state
  34. Executive Office of the President
    • •very important inner circle of advisors to president; staffed by people responsible to president alone
    • •helps the president
  35. in forma pauperis
    Writ must be filed 90 days from final judgment or denial of hearing by lower court.  No rigorous filing requirements
  36. stare decisis
    • "Let the decision stand"
    • -policy of courts to abide by or adhere to principles established by decisions in earlier cases
  37. White House Staff
    • -people most directly responsible to the president
    • -(chief) facilitates smooth running of staff and executive branch of government, protects president from mistakes, implements policies that help obtain maximum political advantage
  38. Speaker of the House
    • –Only House officer mentioned in Constitution
    • –Elected at beginning of each new session of Congress by entire House
    • –Member of majority party
  39. Rule of Four
    Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari
  40. brief
    a written legal document used in various legal systems that is presented to a court arguing why one party to a particular case should prevail
  41. solicitor general
    task is to supervise and conduct government litigation (taking a case through court) in the US Supreme Court
  42. exit poll
    a poll taken by an organization by asking people how they voted in an election as they leave a polling station
  43. U.S. Term Limits v. Thornton
    SC ruled that states can't impose qualifications for members of Congress stricter than those specified in Constitution
  44. Federalism
    power is divided among the states and the national government
  45. Separation of Powers
    power was divided vertically through federalism and horizontally through separation of powers among the three branches of government
  46. Checks and Balances
    The power of each branch of government is checked or limited and balanced by powers held by other branches
  47. Supremacy Clause
    Article VI says that federal law is supreme
  48. Federalists
    favored a strong national government
  49. Anti-Federalists
    favored strong state governments and a weak national government
  50. The Federalist Papers
    • •Series of 85 political papers written by John Jay, Alexander Hamilton, and James Madison
    • –Supported the ratification of the Constitution
  51. enumerated powers
    • powers of the central government
    • •lay and collect taxes, duties, and imposts
    • •provide for defense & general welfare
    • •regulate commerce with foreign nations
    • •declare war
  52. Implied Powers
    The central government may make all laws which shall be necessary and proper for carrying into execution the enumerated powers
  53. The necessary and proper clause
    often been used to expand the powers of the national government
  54. Reserve Powers Clause
    powers not delegated by Constitution, are reserved to States or to people.
  55. Denied Powers
    • Article I, section 9 lays out powers denied to central government:
    • -Favor one state over another
    • -Impose taxes from any state
    • -Grant titles of nobility
    • -Government officials cannot accept presents
  56. Concurrent Powers
    • Powers shared by the national and
    • state governments:
    • -Tax
    • -Borrow money
    • -Establish courts
    • -Make and enforce laws necessary to carry   out these powers
  57. McCulloch v. Maryland (1819)
    • Upheld power of national government to establish a bank and denied the right of state to tax national bank
    • -first major decision by Supreme Court under Chief Marshall
    • -define relationship between states and national government
  58. Gibbons v. Ogden (1824)
    Upheld broad congressional power to regulate interstate commerce
  59. Dred Scott v. Sandford (1857)
    • –Declared Missouri Compromise of 1820 unconstitutional
    • –Congress lacked authority to ban slavery in territories
    • -slaves were not citizens and therefore could not sure in Court
  60. Plessy v. Ferguson (1896)
    Supreme Court decision, upholding state laws requiring racial segregation in public facilities under doctrine of "separate but equal"
  61. Civil liberties
    personal rights and freedoms that federal government cannot abridge, either by law, constitution, or judicial interpretation
  62. Barron v. Baltimore (1833)
    Supreme Court ruled that Bill of Rights limited only actions of U.S. government and not those of states
  63. Three-Fifths Compromise
    compromise between South and North states 1787 in which 3-5ths ofpopulation of slaves would be counted for representation purposes
  64. Civil Rights
    class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations
  65. Full Faith and Credit
    • *Article IV, Section I
    • addresses duties that states within the US have to respect "public acts, records, and judicial proceedings of every other state."
  66. Miranda v. Arizona (1966)
    • Imposes a number of restrictions on federal government with respect to rights of persons suspected of committing a crime
    • (Amendment 5)
  67. Gideon v. Wainwright (1963)
    Court ruled that a lawyer was necessity in criminal court. State must provide a lawyer to poor defendants in felony cases
  68. Griswold v. Connecticut
    Involved challenge to Connecticut law prohibiting dissemination of information about married couples
  69. Roe v. Wade (1973)
    Supreme Court ruled that a Texas law prohibiting abortion violated a woman's constitutional right to privacy
  70. Brown v. Board of Education
    Court declared state laws establishing separate public schools for black and white students unconstitutional
  71. Civil Rights Act of 1964
    It ended unequal application of voter registration requirements and racial segregation in schools, at the workplace and by facilities that served the general public
  72. Voting Rights Act of 1965
    • Outlawed requirement that would-be voters in U.S. take literacy tests to qualify to vote
    • *not including gender, ie women
  73. Grandfather clause
    created new literacy and property restrictions on voting, but exempted those whose ancestors (grandfathers) had the right to vote before the Civil War
  74. Exclusionary Rule
    Judicially created rule that prohibits police from using illegally seized evidence at trial
  75. Political machines
    party organizations that recruited members by offering incentives such as jobs, money, favors
  76. Third-Parties
    make electoral progress in direct proportion to failure of two major parties
  77. Electoral College
    Representatives of each state who cast the final ballots that actually select a president
  78. Interest group
    collection of people or organizations that tries to influence public party
  79. logrolling
    vote trading; voting to support colleague's bill in return for promise of future support
  80. political party
    organized group with shared goals and ideals that joins together to run candidate for office and exercise political and electoral power
  81. party identification
    citizen's personal affinity for a political party, usually expressed by a tendency to vote for candidates of that party
  82. national convention
    party meeting held in presidential election year for purpose of nominating presidential and vice presidential ticket and adopting a platform
  83. Closed Primary
    Only registered party members are allowed to vote
  84. Open Primary
    Allows independents and members of other parties to vote
  85. Runoff Primary
    If no candidate wins in these primaries, a second primary election is held between the two candidates receiving the greatest number of votes in the first primary
  86. Initiatives
    allow citizens to propose legislation and submit it to popular vote
  87. referendum
    allows legislature to submit proposed legislation for popular approval
  88. Recall (elections)
    allow citizens to remove someone from office
  89. Citizens United v. Federal Election Commission (2010)
    Court ruled that corporations are people, or individuals, and money equals speech
  90. winner-take-all system
    refers to practice of distributing all of states electoral votes or delegates to one candidate who receives most popular vote
  91. Party Platform
    list of actions which political party supports to appeal to general public for purpose of having said peoples' candidates voted into political office or complicated topics or issues
  92. Party planks
    any one of multiple stated principles or objectives comprising political platform of party campaigning for election
  93. Buckley v. Valeo
    Supreme Court set limits on individuals' campaign contributions
  94. Presidential Coattail Effect
    tendency for popular political party leader to attract votes for other candidates of same party in election
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Politics Final Key Terms
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