Key Vocabulary #1
1. What is the War Powers Act (1973)?
2. Why was it created?
1. Meant to limit the president's ability to "freely" move military troops at will. President must:
a. Contact Congress within 48 hours of moving troops
b. Has only 60 days to "freely" move troops and must withdraw troops if activity is not approved by Congress
2. Congress was attempting to limit President Nixon's movement of military troops into Cambodia during the Vietnam War.
1. Define Judicial Activism.
2. Define Judicial Restraint.
3. True or False: An Originalist is another name for a Judge who practices Judicial Restraint.
1. Allowing external forces/variables to influence the Constitution's current meaning. (Bias, prejudice, ideologies, beliefs, philosophies, historical context, etc.)
2. Allowing the original meaning of the Constitution to define/interpret the current meaning of the Constitution.
3. True, Original = Judicial Restraint.
1. Which Congressional House has the expressed power to control all revenue-based legislation? (Think Power of the Purse?)
2. How can Congress check the power of a Federal Agency?
1. The House of Representatives
2. Limit funds towards this agency
1. What is one of the few expressed powers of the Vice President laid out in Article II of the Constitution?
2. What is the responsibility(ies) of the Vice President in carrying out the central function of the expressed power referenced in question #1?
1. He or she functions as the President of the Senate
2. To open and close & to BREAK a tie (they cannot make a tie)
1. How many Supreme Court Justices have to agree to hear a Court?
a. 2
b. 3
c. 4
d. 5
c. 4 - The Rule of Four
1. Define Original Jurisdiction.
2. Define Appellate Jurisdiction.
1. The right to hear a court case for the first time to "establish" the facts of the case.
2. The right to review a case previously ruled on by a lower court
1. Define the 22nd Amendment.
2. Define the 25th Amendment.
1. Limits the president to 2 terms or a total of 8 years (unless the Vice President scenario takes place => 10 years)
2. Line of Presidential Succession - established after JFK's death.
1. Which Congressional House does the Speaker of the House belong to?
2. Which Congressional House does the President Pro Tempore belong to?
3. What is the central function of a WHIP in both the Senate and the House of Representatives?
1. The House of Representatives
2. The Senate
3. To function at the "enforcer" for the party leader - they get the job done and make sure people vote according to party rule/lines
1. What specific branch of the Federal Government is the focus of Federalist Paper 69? (Google)
2. Which branch of the Federal Government is meant to be the "strongest?"
3. What did most Anti-Federalists fear a President would do?
1. The Executive Branch
2. Congress or the Legislative Branch
3. Abuse their position and power much like a Monarch (Think George III of England/ Revolutionary War)
1. True or False: The President has the implied power of "engaging in a military conflict" without the approval of Congress.
2. True or False: The Wars Powers Act of 1973 completely eliminated the President's ability to function in his or her role as Commander and Chief.
1. Technically true, but the military activity must be limited to 60 days and Congress must be notified of the activity after 48 hours (Think Special Force missions)
2. False - see material referenced in #1
1. Define an Executive Order.
2. Define an Executive Agreement.
3. True or False: Executive Orders and Executive Agreements are two ways that the President can avoid seeking Congress' approval.
1. A pact/truce/agreement made by the president directly with the head of a foreign state.
2. A rule or order issued by the president to an executive branch of the government and having the force of law. (Targets Federal Agencies/Institutions)
3. True
1. Define Habeas Corpus.
2. Define Stare Decisi.
3. Define Writ of Mandamus.
1. Constitutional protection against unlawful imprisonment
2. the legal principle of determining points in litigation according to precedent (let the precedent stand)
3. A written order from a court to enforce the performance of some public duty
1. Define the TRUSTEE model of representation - on lecture slides.
2. Define the DELEGATE model of representation - on lecture slides.
1. Act like the person vested with formal responsibility for other's affairs. Makes decisions based on what he or she thinks is best.
2. Essentially function as the "mouth piece" for their constituency and have limited "independent thought/function" or autonomy.
1. What is the Office of Management and Budget (O.M.B)?
2. What branch of the Federal government does this entity "belong" to?
3. How can the O.M.B. be used by the President to collect information on bureaucratic agencies?
1. Helps collect the budgets of each federal-level bureaucratic agency and presents budgets to the President to approve and then send to Congress.
2. The Executive Branch
3. It can reveal what each Bureaucratic agency is spending money one (determines activities) and can help President determine which budget to "deny"
1. True or False: Federal Judges cannot be impeached.
2. True or False: The lower Federal Courts are established by Congress.
1. False - They can be impeached by Congress similar to the President.
2. True
1. Define Porkbarreling.
2. Define Logrolling.
3. Define Gerrymandering.
4. True or False: Federal Censuses are taken every 10 years and new congressional districts are drawn as a result of the Census results.
1. Legislation that gives tangible benefits to constituents in several districts or states in the hope of winning their votes in return
2. vote trading; voting to support a colleague's bill in return for a promise of future support
3. Process of redrawing legislative boundaries to benefit the party in power.
4. True!
1. Define an Iron Triangle.
2. Define Enumerate or Expressed Powers.
3. Define Implied Powers.
4. Define Concurrent Powers.
1. It describes the relationship between the bureaucracy, congressional committees, & interest groups who share specific interests and partner with one another
2. Powers clearly and definitively written out in the Constitution
3. Powers that can vaguely be seen in the constitution or inferred from its text
4. Powers that are shared between States and the Federal government
1. True or False: Both Congressional Houses can compose revenue-based legislation.
2. True or False: Both Congressional Houses can approve Presidential nominations.
3. True or False: Both Congressional Houses can suggest an "amendment" to the Constitution.
4. True or False: Both Congressional Houses must approve all members of the President's White House Staff.
1. False - Only the House has this power
2. False - Only the Senate
3. True
4. False - Neither, the President does not need approval for members of his personal staff at the White House
1. True or False: One way the President can check the power of the Judicial Branch is by refusing to enforce a ruling made by the courts.
2. True or False: One way the President can check the Legislative Branch is by vetoing a piece of legislation written by Congress.
3. True or False: The President can create and disband Federal Agencies (ie. bureaucratic agencies).
1. True
2. True
3. False - only Congress can disband a federal bureaucratic agency
1. True or False: The Supreme Court has both original jurisdiction and appellate jurisdiction.
2. True or False: The Supreme Court's right to hear a suit between two states falls under its appellate jurisdiction.
1. True
2. False
1. Define Loose Construction.
2. Define Strict Construction.
3. Define Legal Precedent. - Google Term.
1. Belief that the government can do anything that the Constitution does not prohibit
2. Way of interpreting the Constitution that allows the federal government to take only those actions the Constitution specifically says it can take (Original intent is emphasized - expressed powers/limited powers)
3. A judicial decision that is used as an example in dealing with later, similar cases
1. Define Congressional Oversight - Google Term.
2. Define the Freedom of Information Act (1967)- Google Term.
3. Define Gramm Rudman Hollings Act (1985) - Google Term.
1. A Congressional committee's investigation of the executive and government agencies to ensure they are acting as Congress intends (check of power)
2. Any person has the right to request access to federal agency records or information except to the extent the records are protected from disclosure by several exemptions/exclusions.
3. A produced to combat some of the complications caused by Reaganomics (Deficit produce by excessive spending on military, inability to cut expenses of federal government, and limited ability of Congress to tax)
1. True or False: The House of Representatives ratifies treaties with Foreign Nations/Governments.
2. True or False: The Senate composes all forms of revenue-based bills such as taxes and spending.
3. True or False: The Senate approves or rejects Presidential nominations.
4. True or False: Articles of Impeachment begin in the House of Representatives
5. True or False: Impeachment Trials as held by the House of Representatives.
1. False - The Senate
2. False - The House
3. True
4. True
5. False - The Senate
1. True or False: Presidential Elections are determined by the Popular Vote.
2. True or False: The Presidential pardons are an implied power.
3. True or False: Article I defines/outlines the roles and expectations of the office of the President.
4. True or False: Presidents can select Federal Judges and nominate leaders of Bureaucratic Agencies (including their Cabinet of Advisors) without Congressional approval.
5. True or False: The President can "appropriate funds."
1. False - Electoral College
2. False- Expressed Power
3. False - Article II
4. False - the Senate must approve all bureaucratic and judicial nominations
5. False - only the House of Representatives can appropriate funds. (Power of the Purse)
1. True or False: Congress determines how many judges are on the Supreme Court.
2. True or False: The SCOTUS can technically overturn legislation or bureaucratic regulations if the legislation or regulation in question is deemed "unconstitutional."
3. True or False: Essentially the SCOTUS can select any case it wants to hear with a few limited exceptions.
4. True or False: District Courts only have Original Jurisdiction.
5. True or False: Judicial Review is an expressed Power laid out in Article III of the Constitution.
1. True.
2. True
3. True
4. True
5. False - Implied, Marbury v. Madison (1803)