Chapters 11, 12, 13 & 14 – Flashcards

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The system of having two chambers within one legislative body, like the House and the Senate in the U.S. Congress
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bicameralism
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Legislative appropriations that benefit specific constituents, created with the aim of helping local representative win reelection
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pork barrel
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When a member of Congress shares the characteristics (such as gender, race, religion, or ethnicity) of his or her constituents
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descriptive representation
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When a member of Congress represents constituents' interests and policy concerns
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substantive representation
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A member of Congress who represents constituents' interests while also taking into account national, collective, and moral concerns that sometimes cause the member to vote against the preference of a majority of constituents
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trustee
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A member of Congress who loyally represents constituents' direct interests
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delegate
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A member of Congress who acts as a delegate on issues that constituents care about (such as immigration reform) and as a trustee on more-complex or less-salient issues (such as some foreign policy or regulatory matters)
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politico
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Assistance provided by members of Congress to their constituents in solving problems with the federal bureaucracy or addressing other specific concerns
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casework
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The idea that congressional behavior is centrally motivated by members' desire for reelection
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electoral connection
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Redrawing the geographic boundaries of legislative districts. This happens every ten years to ensure that districts remain roughly equal in population.
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redistricting
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The process of assigning the 435 seats in the House to the states based on increase or decrease in state population.
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apportionment
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Attempting to use the process of redrawing district boundaries to benefit a political party, protect incumbents, or change the proportion of minority voters in a district.
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gerrymandering
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An inability to enact legislation because of partisan conflict within Congress or between Congress and the president.
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gridlock
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The relative infrequency with which members of Congress are defeated in their attempts for reelection.
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incumbency advantage
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A form of reciprocity in which members of Congress support bills that they otherwise might not vote for in exchange for other members' votes on bills that are very important to them.
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logrolling
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Federally funded local projects attached to bills passed through Congress.
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earmarks
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The informal congressional norm of choosing the member who has served the longest on a particular committee to be the committee chair.
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seniority
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The elected leader of the House of Representatives.
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Speaker of the House
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They elected head of the party holding the majority of seats in the House or Senate.
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majority leader
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An organization of House leaders who work to disseminate information and promote party unity in voting on legislation.
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whip system
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The elected head of the party holding the minority of seats in the House or Senate.
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minority leader
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A largely symbolic position usually held by the most senior member of the majority party in the Senate.
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president pro tempore
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A recorded vote on legislation; members may vote yes, no, abstain, or present.
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roll call vote
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A vote in which the majority of one party opposes the position of the majority of the other party.
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party vote
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The extent to which members of Congress in the same party vote together on party votes.
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party unity
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Committees that are a permanent part of the House or Senate structure, holding more importance and authority than other committees.
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standing committees
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Committees in the House of Senate created to address a specific issue for one or two terms.
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select committees
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Committees that contain members of both the House and Senate but have limited authority.
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joint committees
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Temporary committees created to negotiate differences between the House and Senate versions of a piece of legislation that has passed through both chambers.
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conference committees
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The idea that members of Congress will join committees that best serve the interests of their district and that committee members will support each other's legislation.
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distributive theory
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The idea that having committees in Congress made up of experts on specific policy areas helps to ensure well-informed policy decisions.
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informational theory
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One of the steps through which a bill becomes a law, in which the final wording of the bill is determined.
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markup
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The president's rejection of a bill that has been passed by Congress. A veto can be overridden by a two-thirds vote in both the House and Senate.
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veto
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The automatic death of a bill passed by the House and Senate when the president fails to sign the bill in the last 10 days of a legislative session.
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pocket veto
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Large bills that often cover several topics and may contain extraneous, or pork-barrel, projects.
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omnibus legislation
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A procedure through which the Senate can limit the amount of time spent debating a bill (cutting off a filibuster) if a supermajority of 60 senators agree.
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cloture
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A tactic used by senators to block a bill by continuing to hold the floor and speak-under the Senate rule of unlimited debate-until the bill's supporters back down.
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filibuster
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An objection to considering a measure on the Senate floor.
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hold
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Conditions placed on a legislative debate by the House Rules Committee prohibiting amendments to a bill.
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closed rules
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Conditions placed on a legislative debate by the House Rules Committee allowing relevant amendments to a bill.
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open rules
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Conditions placed on a legislative debate by the House Rules Committee allowing certain amendments to a bill while barring others.
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modified ruled
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allowed for direct election of senators
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What did the 17th Amendment do?
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to make sure that senators were somewhat insulated from the people
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What do senators have longer terms than members of the House of Representatives?
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delegate
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What is the most common style of representatives in Congress?
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inattentive; is
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Most constituents are __________; most members of Congress act as if the constituency ___________ paying attention.
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getting reelected
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Members of Congress generally hold multiple goals. Which goal comes first?
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determining which states win/lose seats in the House
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What is apportionment?
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three
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On average, incumbents spend _________ times as much as challengers.
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Powers derived from the provisions of the Constitution that outline the president's role in the government.
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constitutional authority
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Powers derived from laws enacted by Congress that add to the powers given to the president in the Constitution.
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statutory authority (presidential)
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Article II, Section 1, of the Constitution, which states "The executive Power shall be vested in a President of the United States of America," making the president both the head of government and the head of state.
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vesting clause
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One role of the president, through which he or she has authority over the executive branch.
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head of government
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One role of the president, through which he or she represents the country symbolically and politically.
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head of the state
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Selection by the president of a person to be an ambassador or the head of a department while the Senate is not in session, thereby by passing Senate approval. Unless approved by a subsequent Senate vote, recess appointees serve only to the end of the congressional term.
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recess appointment
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Proclamations made by the president that change government policy without congressional approval.
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executive order
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An expedited system for passing treaties under which support from a simple majority, rather than a two-thirds majority, is needed both House and Senate, and no amendments are allowed.
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fast-track authority
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An agreement between the executive branch and a foreign government, which acts as a treaty but does not require Senate approval.
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executive agreement
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An annual speech in which the president address Congress to report on the condition of the country and to recommend policies.
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State of the Union
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The right of the president to keep executive branch conversations and correspondence confidential from the legislative and judicial branches.
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executive privilege
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The percentage of Americans who think that the president is doing a good job in office.
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presidential approval rating
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A president's use of speeches and other public communications to appeal directly to citizens about issues the president would like the House and Senate to act on.
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go public
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The group of policy-related offices that serve as support staff to the president.
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Executive Office of the President (EOP)
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The group of 15 executive department heads who implement the president's agenda in their respective positions.
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Cabinet
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Any policy decision made and acted upon by the president and presidential staff without the explicit approval or consent of Congress.
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unilateral action (presidential)
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The idea that the vesting clause of the Constitution gives the president the authority to issue orders and policy directives that cannot be undone by Congress.
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unitary executive theory
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A document issued by the president when signing a bill into law explaining his interpretation of the law, which often differs from the interpretation of Congress, in an attempt to influence how the law will be implemented.
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signing statement
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America's growth as a nation, America's emergence as a dominant actor in international politics, the expansion of the federal government, acts of legislation passed by Congress
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Presidential power has increased over time due to:
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congressional consideration of immigration reforms
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Which event during Barack Obama's presidency best illustrates the limits of presidential power?
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temporarily dodge the need for Senate approval
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Presidents use reeds appointments when they are trying to ________
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an executive order
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A presidential proclamation that unilaterally changes government policy without congressional consent is called _______
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the president
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Some scholars argue that the War Powers Resolution has effectively expanded the power of ________
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congress
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The first-mover advantage refers to the president's negotiating advantage over _____
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they energize their opponents
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For most presidents, the problem with going public is that ______
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loyalty
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In most appointments to EOP positions, presidents generally emphasize ______
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limited; have
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Recent vice presidents have had ________ official duties, and/but _______ been influential in their role.
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policy outcomes
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Presidential approval is generally based on _______
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declines; spikes
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Presidential popularity generally _________ over time, and it __________ during national crises.
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unitary executive theory
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The ________ was used by the George W. Bush administration to argue in favor of the power to station American forces in Iraq.
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signing statement
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Most presidents use the ______ to control the interpretation and implementation of laws.
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rarely; unsuccessful
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Congressional challenges to presidential authority are _______ used and are generally _________ at constraining presidential power.
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The system of civil servants and political appointees who implement congressional or presidential decisions; also known as the administrative state.
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bureaucracy
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Employees of bureaucrats agencies within the government.
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civil servants
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People selected by an elected leader, such as the president, to hold down a government position.
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political appointees
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A rule that allows the government to exercise control over individuals and corporations by restricting certain behaviors.
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regulation
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A step in the rule-making process in which proposed rules are published in the Federal Register and made available for debate by the general public.
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notice-and-comment procedure
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Agency employees who directly provide services to the public, such as those who provide job-training services.
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street-level bureaucrats
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The knowledge, personnel, and institutions that the government requires to effectively implement policies.
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state capacity
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Excessive or unnecessarily complex regulations imposed by the bureaucracy.
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red tape
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Rules that lower-level bureaucrats must follow when implementing policies.
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standard operating procedures
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A difficulty faced by elected officials in ensuring that when bureaucrats implement policies they follow these officials' intentions but still have enough discretion to use their expertise.
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problem of control
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The interaction between a principal (such as the president or Congress), who needs something done , and an agent (such as a bureaucrat), who is responsible for carrying out the principal's orders.
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principal-agent game
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A situtation in which bureaucrats favor the interests of the groups or corporations they are supposed to regulate at the expense of the general public.
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regulatory capture
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A system created by the 1883 Pendleton Civil Service Act in which bureaucrats are hired on the basis of merit rather than political connections.
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federal civil service
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An office within the Executive Office of the President that is responsible for creating the president's annual budget proposal to Congress, reviewing proposed rules, and other budget-related tasks.
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Office of Management and Budget
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Government offices or organizations that provide government services and are not part of an executive department.
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independent agencies
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Bureaucrats who seek to increase funding for their agency whether or not that additional spending is worthwhile.
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budget maximizers
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Agencies to which campaign workers and donors can be appointed in reward for their service because it is unlikely that their lack of qualifications will lead to bad policy.
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turkey farms
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Bureaucrats' tendency to implement policies in a way that favor their own political objectives rather than following the original intentions of the legislation.
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bureaucratic drift
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Congressional efforts to make sure that laws are implemented correctly by the bureaucracy after they have been passed.
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oversight
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A method of oversight in which members of Congress constantly monitor the bureaucracy to make sure that laws are implemented correctly.
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police patrol oversight
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A method of oversight in which members of Congress respond to complaints about the bureaucracy or problems of implementation only as they arise rather than exercising constant vigilance.
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fire alarm oversight
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a regulation
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A government rule that affects the choices that individuals or corporations make is called _______
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they need congressional support to get larger budgets
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One of the reasons bureaucrats respond to pressure from elected officials is because _______
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president; bureaucracy
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In the problem of control, the _______ is the principal and the ____ is the agent.
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Regulatory capture
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______ occurs when bureaucrats cater to a small group of individuals regardless of the impact of these actions on the public welfare.
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It increased the government's regulatory activity.
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How did the bureaucracy change during the the Progressive Era?
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ended; decreased
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The civil service reforms of the Progressive Era _______ the spoils system and ________ the power of party organizations.
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The size of the federal government increased.
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What effect did the Reagan Revolution have on bureaucracy?
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to prepare the president's annual budget proposal for the Congress
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What is the job of the Office of Management and Budget?
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more; can
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Independent agencies have _____ freedom from oversight than executive departments do and _______ be controlled by the president through his appointees.
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the public does not support large-scale budget cuts
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The federal budget is growing in size because ______
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decrease; decrease
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The civil service regulations _______ the flexibility that managers have in their hiring decisions and ______ the influence of elected officials.
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problem of control
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When bureaucrats pursue their own goals rather than their assignments from officeholders, this is called __________
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limits; reduces
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Giving direct orders to bureaucrats ______ the influence of their policy expertise and _______ the potential for incrementalism.
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responsive; costly
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While police patrol oversight has the advantage of being ________, it has the drawback of being _______.
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The law in which Congress laid out the organization of the federal judiciary. The law refined and clarified federal court jurisdiction and set the original number of justices at six. It also created the Office of the Attorney General and established the lower federal courts.
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Judiciary Act of 1789
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Lower-level trial courts of the federal judicial system that handle most U.S. federal cases.
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district courts
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The authority of a court to hear appeals from lower courts and change or uphold the decision.
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appellate jurisdiction
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The Supreme Court's power to strike down a law or an executive branch action that it finds unconstitutional.
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judicial review
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The authority of a court to handle a case first, as in the Supreme Court's authority to initially hear disputes between two states. However, original jurisdiction for the Supreme Court is not exclusive; it may assign such a case to a lower court.
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original jurisdiction
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The process of determining whether a piece of legislation or governmental action is supported by the Constitution.
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constitutional interpretation
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The various methods and tests used by the courts for determining the meaning of a law and applying it to specific situations. Congress may overturn the courts' interpretation by writing a new law; thus, it also engages in statutory interpretation.
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statutory interpretation
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The person or party who brings a case to court.
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plantiff
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The person or party against whom a case is brought.
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defendant
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Negotiating an agreement between a plaintiff and a defendant to settle a case before it goes to trial or the verdict is decided. In a civil case, this usually involves an admission of guilt and an agreement on monetary damages; in a criminal case, this often involves an admission of guilt in return for a reduced charge or sentence.
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plea bargaining
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A case brought by a group of individuals on behalf of themselves and others in the general public who are in similar circumstances.
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class-action lawsuit
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Law based on the precedent of previous court rulings rather than on legislation. It is used in all federal courts and 49 of the 50 state courts.
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common law
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A legal norm established in court cases that is then applied to future cases dealing with the same legal questions.
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precedent
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Legitimate justification for bringing a civil case to court.
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standing
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The sphere of a court's legal authority to hear and decide cases.
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jurisdiction
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The intermediate level of federal courts that hear appeals from district courts. More generally, an appeals court is any court with appellate jurisdiction.
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appeals courts
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A norm in the nomination of district court judges in which the president consults with his party's senators from the relevant state in choosing the nominee.
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senatorial courtesy
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The most common way for a case to reach the Supreme Court, in which at least four of the nine justices agree to hear a case that has reached them via an appeal from the losing party in a lower court's ruling.
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writ of certiorari
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The irrelevance of a case by the time it is received by a federal court, causing the Court to decline to hear the case.
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mootness
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A system initiated in the Supreme Court in the 1970s in which law clerks screen cases that come to the Supreme Court and recommended to the justices which cases should be heard.
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cert pool
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A presidential appointee in the Justice Department who conducts all litigation on behalf of the federal government before the Supreme Court and supervises litigation in the federal appellate courts.
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solicitor general
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Spoken presentations made in person by the lawyers of each party to a judge or an appellate court outlining the legal reasons their side should prevail.
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oral arguments
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A way of interpreting the Constitution based on its language alone.
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strict construction
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The theory that justices should surmise the intentions of the Founders when the language of the Constitution is unclear.
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original intent
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A way of interpreting the Constitution that takes into account evolving national attitudes and circumstances rather than text alone.
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living Constitution
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A way of understanding decisions of the Supreme Court based on the political ideologies of the justices.
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attitudinalist approach
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The idea that the Supreme Court should defer to the democratically elected executive and legislative branches of government rather than contradicting existing laws.
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judicial restraint
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The idea that the Supreme Court should asset its interpretation of the law even if it overrules the elected executive and legislative branches of government.
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judicial activism
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the Judiciary Act of 1789
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Most of the details about the Supreme Court were established in _______
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established judicial review
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Marbury v. Madison is significant because it _______
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strike down laws passed by Congress
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Judicial review enables the Supreme Court to _______
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statutory interpretation
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The Court's application of national and state laws to particular cases is called _______
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common law
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A system of ________ relies on legal decisions that are built from precedent established in previous cases.
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standing
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When one has suffered direct and personal harm from the action addressed in a case, it is called _______
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Senate
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The president appoints federal judges with the "advice and consent" of the _______
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through a writ of certiorari
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When a litigant who lost in a lower court files a petition, the case reaches the Supreme Court ________
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Mootness
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_______ means that the controversy is not relevant when the Court hears the case.
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use a cert pool
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Most justices ______ in initially deciding which cases should be heard.
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one hour; do not
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Oral arguments generally last ______, and justices ______ wait until the end of the arguments to ask questions.
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most senior; are
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Generally, the chief justice or the ________ justice decides who writes the majority opinion; justices' individual areas of expertise ______ a factor in making this assignment.
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original intent
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The perspective that when the Constitution is not clear, the justices should be guided by what the Founders wanted is called _______.
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judicial restraint
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Advocates of _________ argue that the Court must defer to the elected branches and not strike down their laws.
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avoids; agrees
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In general, the Court _____ challenges with the elected branches and often ______ to act on "political questions."
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an executive order
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A presidential proclamation that unilaterally changes government policy without congressional consent is called _______
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