AP Gov #138-211

Pardon Power

Power of the president to forgive a federal offense without penalty or grant release from a penalty already imposed. Based on kingly power to intervene in judicial process in exceptional cases.

Commander-in-Chief

Constitutional power of the president - "supreme commander" of the nation's armed forces. Important to keep military under civilian control, leads to conflict with Congress over war power (War Powers Act)

State of the Union Address

A yearly report by the president to Congress required by Constitution describing the nation's condition and recommending programs and policies (bully pulpit to set legislative agenda )

The Cabinet

Group of important advisors to the President (Heads of Department agencies, VP and other VIPs chosen by president). Created by Washington, example of an informal amendment to the Constitution based on custom / tradition.

Vice President

Back-up president. Only constitutional role = President of Senate & casts tie-breaker vote in Senate. Typically selected to increase odds in election (Biden experience & foreign policy; Palin youth & Tea Party)

Executive Office of the President (EOP)

Ten organizations that advise the President. Includes the Office of Management and Budget, the Council of Economic Advisors, and National Security Council. Top positions must be confirmed by Senate.

White House Office

EOP group that includes the President's most trusted personal advisors (led by White House Chief of Staff); members do not need senate confirmation

Office of Management and Budget

EOP agency that helps the President prepare annual budget proposal and evaluates budget priorities and effectiveness of federal agencies (oversight)

Council of Economic Advisors

EOP agency; three economists who advise president about general economic date, issues and policy proposals. Must be confirmed by senate.

National Security Counsel

Consults with the president on matters of defense and foreign policy.

White House Management Styles

Pyramidal (with Chief of Staff) or Spokes and Hub style (less reliance on Chief of Staff)

Patronage System

AKA Spoils System. Filling government bureaucracy based on connections & political favors not merit (cronyism); ended by Pendleton Act (1883)

Civil Service

Government bureaucracy; non-elected agents ("worker bees") that work for executive agencies to execute the law; hierarchical organization, job specialization, detailed rules & procedures, administrative discretion. Massive growth since New Deal & WWII (2.5m people = nation's largest employer)

Plum Book

A list of good-paying (sweet) jobs that the new president can fill by appointment (agency directors and other VIPs)

Cabinet Departments

The fifteen largest and most influential agencies of the federal bureaucracy (e.g., Department of State, Treasury, Justice...) Headed by Secretary or Attorney General (Department of Justice)

Independent Regulatory Commissions

Independent agencies created by Congress to regulate important aspects of the nation's economy. Commissioners appointed by President but not removable except "for cause" (to protect independence). Most independent and least accountable part of the federal bureaucracy.

Independent Executive Agencies

Federal agencies that aren't large or important enough to get department status. Directors appointed by President w/ advice & consent of Senate. Ex. NASA, CIA, EPA

Government Corporations

A government organization that, like regular corporations, provides a service to the public and typically charges for its services. The U.S. Postal Service is an example. Privatization would abolish GCs.

Continuing Resolution

A emergency budget extension measure that Congress passes when a full budget law has not been completed by the beginning of the new fiscal year (October 1). Avoids government shutdown.

Line-Item Veto

Allows president to veto bad parts of a bill but keep the rest. Like a scalpel. Especially useful for cutting out pork from spending bills. Declared unconstitutional (impermissibly changed the detailed law-making process established in Article I)

President as Party Leader

POTUS is the symbolic leader of his party. Acts as party's chief spokesperson to the public & sets party's legislative agenda (bully pulpit)

Honeymoon Period

The short period (days or months) following an election when a president's popularity and ability to influence Congress is at its highest.

Bully Pulpit

The Presidency is a "bully pulpit" - a good position from which to inspire Congress & the nation, with the help of the media, to follow his political agenda. Example = FDR's fireside chats, Obama's televised State of the Union Address...

Rally Effect

Short-term patriotic increase in president's popularity and power during times of serious international crisis or war (e.g. Bush after 9/11)

War Powers Act

A law passed in 1973 after Vietnam fiasco requiring (1) president to notify Congress within 48 hours of sending troops into combat and (2) begin to remove troops after 60 days unless Congress approves of the action. Limited effort to reverse erosion of Congress' war powers since World War II (last formal declaration of war).

Executive Agreement

Non-treaty agreement between the U.S. president and other nations that does not require Senate ratification (but is not binding on future presidents). Since 1939, executive agreements have comprised more than 90% of the international agreements (because senate ratification is a real drag!)

Social Conservatism

Government should protect "traditional" (Christian) views on marriage, gender roles, & social issues. Oppose gay marriage, legalization of drugs, abortion.

Veto Process

President may veto any bill by returning it to Congress with explanation. Congress can override with 2/3 vote in both houses (very hard to do)

Impeachment Process

Constitutional process for removing executive officers & judges for "treason, high crimes & misdemeanors" (whatever Congress thinks is impeachable). Two stages: (1) House decides to impeach (accuse) target (simple majority); (2) Senate holds trial to convict (2/3 majority). Andy Johnson and Bill Clinton were impeached but not convicted. Nixon resigned as Articles of Impeachment were being drafted!

Executive Privilege

The President's self-declared power to keep executive communications confidential, especially if they relate to national security. Informal amendment to Constitution (by tradition). Can lead to conflict with other branches (Watergate).

Lame Duck

Person holding office after his or her replacement has been elected to the office, but before the current term has ended. Lame Duck Presidents may find it hard to influence Congress (why work with a guy who is about to leave?)

Deregulation

The lifting of government rules & restrictions on business, industry, and professional activities; major goal of Republicans

Privatization

Process of ending government services and allowing the free market (private firms) to provide the service. Purpose = reduce government spending & provide more efficient services. Example = abolishing the postal service. Supported by Republicans.

Administrative Discretion

The ability of an agency to determine how it will execute (carry out) laws. Major source of independent power for agencies. (Ex. The FDA decides how to determine safety of food & drugs, the U.S. Attorneys decide whether or not to prosecute suspects)

Executive Orders

Regulations & orders from the President to an agency about how to execute a law. They are one of the ways presidents can try to control the bureaucracy.

Government Accountability Office

A federal legislative agency that audits (investigates) other agencies of the federal government and reports it's findings to Congress (makes sure they are not spending more money than the government has appropriated for them).

Congressional Oversight

The power of Congress to oversee how laws are carried out ("watchdog function" to prevent fraud & waste). Carried out through committee hearings & investigations, approprations process (how much are we spending on that program again?), GAO..

Freedom of Information Act

Gives all citizens the right to inspect all records of federal agencies except those containing military, intelligence, or trade secrets; increases accountability of bureaucracy

Ethics in Government Act

Requires financial disclosure for elected public officials and placed 1 year restriction on former government officials' lobbying activities (the revolving door problem)

District Courts

Federal trial courts. Limited jurisdiction (primarily to hear cases involving constitution and/or federal law). Must follow Supreme Court & their Circuit Court precedents (stare decisis). Federal government represented by U.S. Attorney's Office.

Circuit Courts

Intermediate federal appellate courts. Cover 13 "circuits" across America. Hear appeals from District Courts in their jurisdiction.

Supreme Court

Final federal appellate court ("court of last resort"). Hears appeals from Circuit Courts (certiorari petition / rule of 4). Only hears "important" constitutional cases.

Original Jurisdiction

The jurisdiction of courts to hear a case for the first time (trial). Trial courts (District Courts in federal system) assess the facts in a case and the issue the first decision (guilt, innocence). Supreme Court has OJ over disputes between 2 states.

Appellate Jurisdiction

The jurisdiction of courts to hear appeals from lower trial or appellate courts. Appellate courts determine whether cases were decided correctly by the court below. Circuit courts have mandatory AJ (they have to hear appeals from District Courts). Supreme Court has discretionary AK (they can choose to hear appeals from Circuit Courts and State Supreme Courts).

Senatorial Courtesy

Senate will not confirm a presidential nomination for a position within a state (ex., District Court Judge) without the consent of the senior senator of the President's party from that state. Informal amendment to appointment process (by tradition)

Removal Process

The President may remove any appointed federal officer whenever he wants for any reason. However, the Supreme Court has upheld Congressional limits on removal power for Independent Commissioners (can only be removed "for cause").

Department of Justice

Federal department responsible for enforcing federal laws (includes FBI, Civil Rights Division, Antitrust Division, Drug Enforcement Administration...)

Attorney General

Head of the Justice Department and the chief law enforcement officer of the United States

Solicitor General

Senior Justice Department attorney. Decides what cases the government will appeal to the Supreme Court, files amicus briefs with the Supreme Court in cases the government is interested in, and represents the United States before the Supreme Court.

U.S. Attorneys

Government lawyer that represents the US government at the district court level (trials).

Case or Controversy Requirement

Rule of judicial self restraint to limit power of judicial review; the Court will only consider real controversies including real, adverse parties (no advisory opinions)

U.S. v. Nixon

Supreme Court intervenes in battle between President Nixon and Congress (impeachment process). President cannot use executive privilege as an excuse to withhold evidence in impeachment process. Leads to Nixon's resignation.

Writ of Certiorari

An order by the Supreme Court saying that it will hear a certain case (rule of 4). Granted in cases that raise important constitutional questions or where circuit courts have reached different opinions on a particular issue.

Rule of 4

How the Supreme Court decides whether to hear a case. Requires four or more justices to "grant certiorari" (agree to hear an appeal). Supreme Court agrees to hear <1% of cases.

Docket

The list of cases that the Supreme Court has agreed to hear (granted certiorari to) in a term (usually 70-100 cases)

Oral Arguments

The stage in Supreme Court proceedings in which attorneys for both sides appear before the Court to present their positions and answer questions posed by the justices. Good theater (for law nerds).

Amicus Curiae Brief

Literally, a "friend of the court" brief, filed by an individual or interest group to present arguments / points of view in addition to those presented by the immediate parties to a case (lobbying). Solicitor General files Amicus Briefs for U.S. government.

Counter-Majoritarian Difficulty

The argument that judicial review is problematic because it allows unelected judges to overrule the decisions of elected representatives, thus undermining the will of the majority.

Judicial Review

The power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional. Established in Marbury v. Madison (informal amendment to Constitution)

Marbury vs. Madison

Chief Justice John Marshall famously announces the existence of the power of judicial review: the power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional.

Judicial Activism

A philosophy of judicial decision-making whereby judges allow their personal views about public policy (liberal or conservative) to guide their decisions. Activist judges are comfortable declaring laws unconstitutional.

Judicial Restraint

A philosophy of judicial decision-making whereby judges give significant deference to the decisions made by elected representatives in the legislative and executive branches. Restrained judges are uncomfortable declaring laws unconstitutional.

Precedent

A decision in a previous court case that is used as the basis for a decision in a similar case.

Stare Decisis

"Let the decision stand"; the principle that cases should be decided in ways consistent with similar prior cases. Promotes consistency & fairness.

Jurisdiction

The right & power to make decisions in a particular area. Federal courts are courts of limited jurisdiction. Before a federal court can hear a case it must establish that it has the power to hear this type of case (primary jurisdiction is to hear cases involving the federal constitution and/or federal law).

Plaintiff

One who brings a court action against another (the complainer)

Prosecutor

The state or federal government attorney in a criminal case.

Defendant

An individual or group being sued by a plaintiff or charged with a crime by a prosecutor.

Appellant

The losing party in a court case who appeals the case to an appellate court.

Appellee

The party opposing an appeal from a lower court to an appellate court.

Civil Law

Laws dealing with private rights of individuals (defamation, breach of contract, negligence). Violation results in damages or injunction.

Criminal Law

Laws dealing with offenses against society (murder, rape, arson). Prosecuted by the government, violation results in fines or prison sentences

Damages

A sum of money paid in compensation for loss or injury in a civil case