Government 2302 Exam 2 Practice Questions – Flashcards

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Which of the following is the best definition of a constituent?
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It is a person who lives in the district represented by a member of the legislature.
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As of 2010, how many women serve in the U.S. Senate?
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17
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The most common occupation among members of Congress before coming to Congress is
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lawyer
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In 2006, ______ became the Speaker of the House.
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Nancy Pelosi
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Which of the following statements concerning the representation of women and minorities in the U.S. Congress is true?
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Representation of women and minorities has increased over the past two decades, but is not comparable to their proportions in the general population.
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In each House district there are approximately ______ people.
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600,000
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Which of the following is not a service often provided by representatives to their constituents?
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Offering constituents legal advice regarding new administrative laws
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Constituency service is so important that
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party leaders will not ask any member to vote in a way that conflicts with the interests or opinions of the member's district.
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Three factors related to the American electoral system affect who is elected to office in this country, and what they do once they get there. Those factors are
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who decides to run for office, incumbency, and the drawing of district lines.
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A senator or representative running for re-election is called the
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incumbent
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recent years, approximately what percentage of House members seeking re-election won their race?
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ninety-five percent
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Congress is a ______ legislature with ______ members.
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bicameral, 535
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Which of the following best explains the small number of women in Congress?
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Incumbency is a very powerful resource, and most incumbents have been men.
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Over the past several decades, the ______ and the ______ have benefited most from apportionment?
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South, West
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he process of allocating congressional seats among the fifty states is called
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Apportionment
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Which of the following statements concerning the process of reapportionment is correct?
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In order for one state to gain a seat, another must lose a seat
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What unusual action did Texas take after the 2000 census?
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Texas redistricted twice, in 2001 and 2003.
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One reason why redistricting is controversial is because
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computer technologies allow legislatures to know statistically what kinds of people live where and this can be used to give one party an advantage over the other.
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What did the Supreme Court declare in Miller v. Johnson?
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The racial composition of a district cannot be the primary factor when redistricting
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The powers and resources available to government officials that are used to favor supporters are called
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patronage
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Pork-barrel legislation
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deals with specific projects and their location within a particular congressional district.
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What are the most common private bills proposed in Congress?
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bills for permanent visas for foreign nationals
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Congressional organization is influenced by all of the following except
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presidential directives
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Who is the Speaker of the House?
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The elected leader of the majority party in the House is the speaker
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In general, members of the House seek committee assignments that will
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allow them to influence decisions that are of special importance to voters in their districts
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In the House of Representatives, the majority leader
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is subordinate to the Speaker of the House
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Who has the most real power in the Senate?
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the majority and minority leaders
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Which of the following is not a task for which congressional party leaders are responsible?
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the organization for the re-election strategies of the incumbents
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The House Ways and Means Committee has jurisdiction over which of the following areas?
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taxes, trade, and entitlement programs
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Who decides which committee assignments members of House of Representatives receive?
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each party's own committee on committees
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The jurisdiction of standing committees
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is defined by the subject matter of legislation, which often parallels the major cabinet departments or agencies
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The need to divide the labor of legislation is best exemplified in what formal structure of Congress?
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the establishment of standing committees
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Under the original Constitution, senators
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were appointed by state legislatures
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Congressional leaders form ______ committees when they want to take up an issue that falls between the jurisdiction of existing committees, to highlight an issue, or to investigate a particular problem.
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select
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Conference committees are
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temporary, involve members from both houses of Congress, and are charged with reaching a compromise on legislation once it has been passed by both the House and the Senate.
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Organizational reforms instituted by Congress in the 1970s attempted to
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fragment power by reducing the power of committee chairs
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Which of the following is not a task of congressional staff members?
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debating and voting in subcommittee meetings
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The Congressional Research Service and the Government Accountability Office are examples of
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staff agencies
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Which of the following is the best definition of a congressional caucus?
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unofficial groups of representatives or senators sharing similar interests or opinions
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Agencies in Congress designed to oversee administrative agencies and evaluate presidential proposals are called
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staff agencies
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Approximately what percentage of proposed bills die in committee?
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95 percent
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he determination of the time and structure of floor debate on a bill, in the House of Representatives, is up to the
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rules committee
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How long is the term of office for a U.S. Senator?
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six years
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"Closed rule" and "open rule" refer to congressional provisions regarding
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floor debate on a bill
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Cloture is
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the process by which three-fifths of the senate can end a filibuster
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A filibuster allows members of the Senate to
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prevent a vote on a bill by speaking continuously on the floor
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When the House and the Senate coordinate two versions of the same bill, they will often use a ______ to obtain a single unified bill.
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conference
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How can a president's veto be overridden by Congress?
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by two-thirds vote in both houses
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Congress adjourns during a ten-day period after presenting the president with a bill, and the president takes no action. This is known as a
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pocket veto
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Which of the following is not an important influence on the legislative agenda of Congress?
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the federal courts
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"Astroturf lobbying" refers to the practice whereby
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a special interest group simulating a grass-roots movement works with well-organized campaigns and petitions
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In addition to pressuring members of Congress to vote a certain way on a bill, interest groups also have substantial influence in
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setting the legislative agenda
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Which is the best description of the K Street Project?
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It was an attempt to place former Republican staffers in key lobbying positions to help ensure a large flow of corporate donations to the Republican Party.
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Which of the following best describes a way in which the House differs from the Senate?
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the House is more centralized and organized than the Senate
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Why does the House have greater party unity than the Senate?
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House leaders have more organizational control over the actions of representatives than Senate leaders
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A vote on which 50 percent or more of the members of one party take one position while at least 50 percent of the members of the other party take the opposing position is called
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a party-unity vote
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Which statement about a party unity vote is true?
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In 2005, party unity voting was close to an all-time high
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Which of the following best describes the organizational changes made in Congress during the 1990s?
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Attempts were made to concentrate more power into the hands of party leaders
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Which of the following is not a resource congressional party leaders have at their disposal to secure the unity and cooperation of their members?
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constituency service
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When two members of Congress who share no common interests agree to support each other's bills, the practice is called
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logrolling
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Oversight can best be described as
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the efforts of congress to supervise the manner in which its laws are implemented by the executive branch
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The Senate's constitutional power of advice and consent extends to which of the following?
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The president's power to make treaties with other nations
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A(n) ______ has the same status as a treaty, but does not require Senate approval.
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executive agreement
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The role the House of Representatives plays in impeachments can best be compared with that of a
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grand jury
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The idea of ______ identifies the best representative as the one who shares a similar racial, ethnic, religious, or occupational background with those he or she represents.
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sociological representation
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The two presidents to be impeached by the House of Representatives were Bill Clinton and
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Andrew Johnson
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Members of Congress can represent the people in two ways: as a ______, a member of Congress acts on the express preferences of his or her constituency; as a ______, a member is more loosely tied to constituents and makes the decisions he or she thinks are best.
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delegate; trustee
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What are the greatest dangers with a trustee model of representation?
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Members of Congress may become inattentive to the wishes and opinions of their constituents
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One problem with the delegate model of representation is
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That few people are well informed about all political issues
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Responsibility for communication among party members in Congress lies with the
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whip system
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The frequency with which they must seek re-election makes members of the House
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more responsive to the needs of local interest groups in the districts they represent
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Which idea of representation says that a legislator should be viewed as someone whom voters hire to represent their interests?
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agency representation
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Which of the following is not included in the classification scheme of bills considered by the Texas legislature?
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private
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The 80h Legislature of Texas (2007) passed _________ bills and sent them on to the governor for his signature.
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1,481
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Every bill introduced in the Texas legislature is assigned to a ____________ committee.
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standing
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The vast majority of bills are _____________, which means that they are set aside and never brought forward for consideration. (Texas)
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pidgeonholed
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Debate on the House floor is ____________
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limited
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Debate on the Senate floor is ______________
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Unrestricted, thereby allowing for filibuster
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The purpose of the ________________ committee is to reach a compromise on different versions of the same legislation coming from the House and Senate.
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conference
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The governor may take any of the following actions, except:
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override a veto
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If the governor fails to sign a bill within ten days of receiving it, _____________
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the bill becomes a law
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The comptroller must certify the state's projected _____________ before the House and Senate may approve the budget.
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total revenues for two years
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Which of the following is not a constitutional requirement for holding a seat in the Texas House of Representatives?
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a natural-born U.S. citizen
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The ____________________ and _______________ are considered to be two of the most powerful politicians in the state of Texas.
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Speaker of the House; Lieutenant governor
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Which of the following is not a constitutional requirement for holding a seat in the Texas Senate?
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a natural-born U.S. citizen
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There are _________members of the Texas Senate and ________ members of the Texas House.
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31; 150
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Texas legislators receive a salary of $__________ per year.
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7,200
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The regular legislative session in Texas is limited to ________ days in ______________ years.
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140; odd-numbered
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The ___________ may convene a special session if the legislature fails to complete important work during the regular session.
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governor
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The special session is limited to a maximum of ________ days and may only deal with topics specified by the _____________
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30, governor
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Revenue bills must originate in the Texas _____________
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House
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The 80th Legislature considered almost __________ bills during the 2007 legislative session. (Texas)
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6,200
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The office of the presidency was established by ______ of the Constitution.
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Article II
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In undertaking the campaign against the Taliban in 2001, George W. Bush
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sought and received congressional authorization for the bombing, but not a declaration of war
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The power to declare war is given to whom under the Constitution?
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Both houses of congress
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The president must share foreign policy powers with
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Congress
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The ______ asserted that the president could send American troops into action abroad only in the event of a declaration of war or other statutory authorization by Congress, or if American troops were attacked or directly endangered.
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War Powers resolution of 1973
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The goal of the War Powers Resolution was to
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limit the power of the president to commit American troops to military action without authorization from Congress
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When North Korea invaded South Korea in 1950,
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Truman sent American troops to Korea without asking for a declaration of war
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When Dwight Eisenhower sent federal troops into Little Rock High School in 1957, it demonstrated that
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The president may make unilateral use of the emergency powers to protect states against domestic disorder
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Which of the following statements about how different presidents have used the power of amnesty or pardon is false?
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George Washington declared amnesty to all Americans who fought for the British during the War for Independence
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Why was George Washington's reception of Edmond Genet as ambassador of France during the French Revolution so significant?
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It reflected the authority of the President to officially recognize specific regimes as the sovereign power of a nation when there is doubt as to who rules
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Through the act of delegating powers, the national structure of government in the 1930s went from ______ to ______.
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legislatively centered, president centered
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Which of the following attributes did the framers intend for the office of the president to possess?
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energy
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In order to get around the need for Senate approval of treaties, many contemporary presidents have made use of ______ in foreign affairs.
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executive agreements
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Executive agreements differ from formal treaties in that they
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do not have to be approved by the Senate
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Which statement concerning secret agreements between the president and foreign nations is incorrect?
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Presidents have always fully complied with Congress's reporting requirements
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The president has the power to appoint which of the following positions?
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cabinet secretaries
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Why is the president's State of the Union address important?
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It is an opportunity for the President to set the legislative agenda by initiating proposals and directing the public's attention to the executive's goals
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What is required for Congress to override a presidential veto?
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two-thirds of both houses of congress
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Richard Nixon claimed ______ when he refused to turn over secret White House tapes to congressional investigators.
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executive priviledge
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In United States v. Nixon, the Supreme Court
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required Nixon to turn over the secret tapes to congress
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The State of the Union address is
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mandated by the Constitution
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The president's power to set the debate concerning public policy in Congress is called
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a legislative initiative
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What did the framers mean to accomplish by indirect election of the president?
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to make the president responsible to state and national legislatures
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An executive order is
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a rule or regulation initiated unilaterally by the president, with the status of a law
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Which of the following has caused an increase in the president's delegated powers?
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the increasing scope and complexity of legislation
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Federal executive agencies do each of the following in implementing legislation except
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seek advisory opinions from the federal courts as to the constitutionality of the rules
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Which executive agency has the least discretion, as a result of very detailed Congressional legislation?
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Internal Revenue Service
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The president's delegated powers come from
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Congress
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The Environmental Protection Agency was created in 1970 by
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an Executive Order
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The ______ is the informal designation for the heads of the major federal government departments.
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cabinet
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The groups of advisers and analysts to the president are collectively called the
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White House Staff
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An informal group of advisers to the president is often called the
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Kitchen Cabinet
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The formal group of presidential foreign policy advisers, established in 1947, is called the
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National Security Council
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The rise of national conventions to nominate the president led to the empowerment of what group?
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State Party Leaders
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The National Security Council is composed of all of the following except the
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Speaker of the House
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As a means of managing the gigantic executive branch, presidents have increasingly come to rely upon the
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White House Staff
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Which statement about the Cabinet is incorrect?
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The cabinet does not meet as a group, except during the State of the Union address
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The Office of Management and Budget and the Council of Economic Advisers are both parts of
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The Executive Office of the President
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What is the primary constitutional task of the vice president, besides succeeding the president in case of death, resignation, or incapacitation?
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to cast tie-breaking votes in the Senate
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The main political value of the vice president is to
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bring the president votes in the election from a group or region that would not otherwise be a likely source of support
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After the president and vice president, which office is next in the line of succession?
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Speaker of the House
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Which first lady was the first to seek and win public office on her own?
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Hillary Clinton
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The first lady is an important resource for the president in his capacity as
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head of state
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______ is the claim the electorate has given the winner of a presidential election a special authority to carry out her or his plans.
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A mandate
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In the early 1800s, the system of nominating presidential candidates that left the candidates beholden to their party's leaders in Congress was called
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King Caucus
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A significant initiative set forth by Lyndon Johnson was
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The Great Society
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According to the text, what are the three most common ways for a president to expand his base of power?
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party support, popular mobilization, and administrative control
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When are the president's partisan ties most important?
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in dealing with Congress on legislative matters
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The technique of popular mobilization dates back to the presidency of
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Theodore Roosevelt
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Why was it considered shocking when, after the Civil War, Andrew Johnson made a series of speeches seeking public support for his Reconstruction policies?
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During the nineteenth century, it was seen as undignified for a president to campaign on his own behalf.
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A president who claims to possess a mandate from the American electorate could arguably
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that voters have approved the agenda he campaigned on, and that congress ought to approve it
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Which of the following tactics did Franklin Roosevelt not use to forge a link between the executive office and the public?
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Running extensive national television advertising campaigns
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Which statement concerning the White House Communication Office is incorrect?
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It allows the president to avoid giving information to the public
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What is the general tendency of a president's popularity?
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Presidents usually start out popular and decline over the next four years
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The Executive Office of the President (EOP) was established
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Under Franklin Roosevelt in 1939
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The turning point in American politics toward a president-centered government came about during the administration of
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Franklin Roosevelt
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When the White House directs administrative agencies to promulgate specific rules and regulations, this is called
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regulatory review
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What happened when Harry Truman seized control of the nation's steel mills during the Korean War?
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The Supreme Court declared his actions without basis in the law or constitution
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Which of the following actions was not the result of an executive order?
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The entrance in the United Nations
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Which of the following statements about signing statements is false?
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Ever since Thomas Jefferson's presidency, all presidential signing statements have been recorded and added to the official legislative record.
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A signing statement is
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an announcement the president makes about his interpretation of a congressional enactment he is signing into law
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According to political scientist Terry Moe, why does Congress suffer from a collective-action problem in the face of presidential power?
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Individual members of congress are more concerned with the substantive impact of presidential action on their constituents, rather than the general implications of presidential powers
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The decline of voting and political participation by Americans has which of the following effects?
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It enhances the power of the president while weakening congress
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According to separation of powers expert Louis Fisher, the powers of Congress have declined dramatically in which of the following areas?
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national defense and the federal budget
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The last time Congress exercised its constitutional power to declare war was in
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1941
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The Constitution's framers believed that Congress's greatest prerogative would be its
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power of the purse
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______ powers are the most common form of constitutional powers possessed by the president.
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delegated
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Which president began the era of greater presidential control over the budgeting process?
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Franklin Roosevelt
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Which of the following derives its greatest source of influence from the support of civil society?
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Congress
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When the president infers powers from the "rights, duties, and obligations" of the presidency, these are called
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inherent powers
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The president's position as head of state is defined in the Constitution by all of the following powers except
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partisan
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The _______________ was established in 1975 and regulates utility rates in Texas.
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Public Utilities Commission
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Which of the following is not a constitutional qualification to become governor of Texas?
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trained in the law
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Historically, in Texas, governors have tended to be all of the following, except:
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Republican
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The plural executive serves as a major limitation on gubernatorial power, in that it provides for _____________ of six of the top seven state officials.
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statewide election
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Since 1972, the governor has been elected to serve a __________ term.
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four-year
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The first Republican governor after Reconstruction was _______________
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William Clements
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The first female governor of Texas was _____________
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Miriam Ferguson
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The executive powers of the governor include all of the following, except:
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veto power - that's legislative
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The legislative powers of the governor include all of the following, except:
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military power - that's executive
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The governor of Texas may be impeached for which of the following offenses?
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The Texas Constitution does not specify grounds for removal
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The ________________ is responsible for managing state-owned land and mineral leases granted to oil and gas companies.
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land commissioner
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The ______________ is responsible for verifying the accuracy of motor fuel pumps and scales used by grocery stores and markets.
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Commissioner of agriculture
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Which of the following veto powers does the governor of Texas lack?
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special session veto
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Texas elects each of its state court justices. However, when a vacancy occurs due to death, resignation or retirement of the incumbent, or the creation of a new court, the ______________ is responsible for appointing an individual to fill the vacancy until the next election.
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governor
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The Texas Constitution provides for the _______________ to become governor if the office becomes vacant through impeachment and conviction, death, resignation, or the governor's absence from the state.
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lieutenant governor
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The _________________ is appointed by the governor to serve a four-year term.
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secretary of state
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In 2002, the Republican and Democratic candidates for the governors office spent a combined total of approximately $____________ million.
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88
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All of the following contribute to the weakness of the governor's office in Texas, except:
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absence of the line-item veto
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In addition to use of an official mansion and limousine, the governor is paid _________ per year.
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115,345
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Gubernatorial elections are held in off-years (election years in which we do not select a president) because state leaders wanted to ______________________
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minimize the effect of presidential elections on the governor's race
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Which of the following is a way in which an executive agency engages in lawmaking?
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by interpreting the details of a vaguely worded law
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Bureaucracy, literally translated, means
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rule by desks
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Which of the following agencies was abolished following the creation of the Department of Homeland Security?
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the Immigration and Naturalization service
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Which of the following is not an independent regulatory agency?
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the Food and Drug Administration
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Which statement about regulatory agencies is correct?
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No new regulatory programs have been established since the 1970's
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How are ambassadors chosen?
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They are selected by the President, often as patronage for large campaign donations
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Which president was most concerned with managing and reorganizing the executive bureaucracy?
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Jimmy Carter
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Which president's approach to the managerial presidency featured a deep belief in the importance of scientific expertise in government service?
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Barack Obama
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The ______ is the center of military policy and management.
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Joint Chiefs of Staff
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Which of the following is the best description of an iron triangle?
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the stable relationship between a bureaucratic agency, a clientele group, and a legislative committee
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What is an independent agency?
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an agency that is not part of any cabinet department
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______ policy concerns banks, credit, and currency.
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monetary
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Individual members of Congress can discover questions of public responsibility when engaged in
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constituent case work
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The USA PATRIOT Act
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allows the attorney general to detain any foreigner suspected of posing a threat to internal security
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The response to the Department of Homeland Security's color-coded terror-level warning system reveals
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that bureaucratic agencies, like politicians, must pay attention to public opinion.
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Which of the following is not a clientele agency?
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the internal revenue service
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What has been the greatest difficulty in establishing the new Department of Homeland Security?
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adjusting to the many different bureaucratic cultures now part of a single operation
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What has been the greatest difficulty in establishing the new Department of Homeland Security?
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interior
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Which of the following is the most constitutionally essential way to make the bureaucracy responsible?
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congressional oversight
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Which of the following is a type of deregulation?
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reducing the number of regulatory agencies in the federal bureaucracy
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Ronald Reagan's inability to dismantle the Department of Education reflects the power of
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iron triangles
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______ is the primary mission of the State Department.
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diplomacy
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What is the origin of most federal bureaus?
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congress passes a law creating and funding most federal bureaus
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Before the Civil Service Act of 1883, how were government appointments handled?
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appointments were made to political supporters as part of a spoils system
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Which of the following is not a key strategy used to promote bureaucratic reform?
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regulation
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Since the 1950s, compared with the entire workforce, the number of federal employees has
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gradually declined
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Which of the following is not a task of the Treasury Department?
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setting interest rates
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The Freedom of Information Act is designed to
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make more national security documents available to the public
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Which statement is the definition of privatization?
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a way to reduce government costs by relocating government programs to private groups or corporations
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What was the government trying to accomplish when it called for the 2009 National Defense Authorization Act to create an additional database that would record contractors who have legal or contract violations?
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provide government oversight for an increasingly expanding force of independent contractors
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Which of the following is not a way in which Congress can exercise oversight?
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having members of congress work part-time for a particular agency that is struggling to meet the demands Congress has placed on it
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When the federal government passes authority to administer a program down to state or local governments, it is called
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devolution
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The first regulatory agencies established by Congress were
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independent agencies
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One drawback of devolution is that
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the standards associated with particular programs become increasingly variable between states
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Which of the following is not a department responsible for promoting the public welfare?
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Department of State
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The most significant example of devolution in recent decades has been in the area of
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welfare policy
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According to the text, what would be the most likely outcome if the federal government were to cease all economic regulation?
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the marketplace would fall into chaos
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Which of the following was forced by the National Highway Traffic Safety Commission to recall several car models after identifying problems with their gas pedal accelerators?
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Toyota
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The National Park Service is
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part of the Department of the Interior
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Which of the following is a government corporation?
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the U.S. Postal Service
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A bureau charged with putting restrictions and obligations on individuals or corporations in the private sector is called a ______ agency.
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regulatory
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The use of taxing and spending powers to shape the economy is part of ______ policy.
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fiscal
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The most visible indication of oversight is the
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use of public hearings before congressional committees and subcommittees
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What was the chief bureaucratic flaw identified by the 9/11 Commission?
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There was a lack of communication between the domestic and foreign security agencies
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What is a government corporation?
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It is an agency that performs and charges for services usually provided by the private sector
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Devolution describes a process by which
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the federal government is downsized by delegating the implementation of programs to state and local governments
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Which of the following statements about administrative rule making is false?
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both houses of congress must formally approve all federal rules
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The attempt of bureaucracies to translate laws into routine procedures and practices is called
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implementation
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What was the mission of the National Performance Review?
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to reorganize the federal bureaucracy to make it more efficient, accountable, and less wasteful
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The greatest number of federal government professionals working abroad are under the authority of the Department of
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Defense
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Which of the following is not a major role of bureaucracy?
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passing laws
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Which of the following is not a type of federal agency?
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state and local oversight
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Which of the following is not part of the Justice Department?
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the Internal Revenue Service
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Which of the following was a way in which President Obama attempted to uphold his campaign promise to reduce government secrecy?
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Issuing an executive order designed to promote rapid declassification of secret documents
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The concept of oversight refers to the effort made by
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congress to make executive agencies accountable for their actions
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Congress was attempting to strike a balance between the need for secrecy in national security and the right of individuals to know what their government is doing when it passed the ______ Act.
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Freedom of Information
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Which of the following is not a federal department entrusted with providing national security?
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police
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Which of the following statements about the merit system is not true?
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Every member and official of a government agency has been appointed as a part of the merit system
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Which of the following interest groups is generally considered the most powerful group today?
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AARP
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Which of the following is not an independent agency?
answer
Federal Bureau of Investigation (FBI)
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The largest subunits of the federal executive branch are called
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departments
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At its peak in ______, the federal bureaucracy had ______ employees, not including military personnel.
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1968, 3 million
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The first regulatory agency was the ______, created by Congress in ______.
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Interstate Commerce Commission, 1888
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Which of the following is an agency created by Congress to assist it in overseeing the federal bureaucracy?
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General Accounting Office
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The head of a department is called the
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secretary
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By the 1980s, the average length of time it took to develop and implement an administrative rule was
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thirty-five to forty months
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Who stated, in his 1996 State of the Union address, that "the era of big government is over"?
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Bill Clinton
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What is the principal job of the Department of Homeland Security?
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to coordinate the communication and activities of federal agencies that are involved in domestic security
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The controversy over the Patriot Act reveals the complications of balancing
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national security with the civil liberties of individuals
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Who has authority to set interest rates and lending activities for the nation's banks?
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the Federal Reserve System
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Which of the following statements about the Federal Reserve System (the Fed) is correct?
answer
Congress created the fed in 1913
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The Civil Service Act of 1883 attempted to pattern government hiring after practices found in
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business
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When a bureaucracy applies rules and precedents to specific cases, it is called
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administrative adjudication
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Which of the following is a good example of a revenue agency?
answer
the U.S. Customs service
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Activist judges believe that the courts should
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go beyond the words of a constitution or statute to consider the broader societal implications of its decisions.
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When interest groups involved in litigation pursue a pattern of cases, they are
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bringing the same type of suit into multiple circuits, hoping that a contradiction in rulings will bring about a Supreme Court review.
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President Obama's first appointment to the U.S. Supreme Court was
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sotomayor
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Which of the following was not a case involving the Supreme Court overturning a state law?
answer
marbury v madison
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he written opinions of appellate courts have been described as halfway between ______ and ______.
answer
common law and statutory law
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When all of the justices on the Supreme Court are hearing a case, they are said to be sitting
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en banc
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Each year, the Supreme Court receives about ______ appeals and hears about ______ of them in full court.
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9,500, 70
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The written document in which attorneys explain why the court should rule in favor of their client is called a(n)
answer
brief
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Approximately how many judges currently sit on the federal district courts?
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700
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What was known as the court-packing plan?
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the attempt by Franklin Roosevelt to add sympathetic justices to the Supreme Court in order to get New Deal laws upheld as constitutional
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Each of the following has been a method by which the federal courts have expanded their power except
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narrowing the discretionary authority of the president over foreign affairs and diplomacy.
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Which of the following best describes the role of the solicitor general?
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the lawyer who represents the United States before the Supreme Court in cases where the federal government is a party
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What is the significance of dissenting opinions?
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Dissents are signs that the Court is in disagreement on an issue and could change its ruling.
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Prisoners who are challenging their conviction are most likely to file a writ of
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habeas corpus
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What is the main function of the Chief Justice of the Supreme Court?
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The chief justice presides over the Court's public sessions and private conferences.
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When the Supreme Court declared that the legislative veto was unconstitutional, in Immigration and Naturalization Services v. Chada, what was the response?
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Congress and presidents have continued the practice; they just call it something different.
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The right of due process is best described as the right of
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every person not to be treated arbitrarily by a government official or agency.
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When justices agree with the ruling of a court majority but not all of its reasoning, they may often write a(n)
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concurrence
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Cases between two or more states are originally heard by
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the Supreme Court
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If someone is an advocate of judicial restraint, he or she believes
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in looking only at the words of the constitution in determining its meaning
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What is the most frequent and best-known action of Supreme Court justices in their role as circuit justices?
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reviewing requests for stays of execution
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The case Baker v. Carr concerns
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apportionment of legislative seats
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What is the Uniform Commercial Code?
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a set of codes states may voluntarily adopt in order to reduce interstate differences in judicial opinions
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Approximately what percentage of all court cases in the United States are heard in federal courts?
answer
1
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Which of the following statements concerning legislative courts is false?
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Legislative court judges cannot have their salary reduced by Congress.
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Why has partisan conflict surrounded federal judicial appointments in recent years?
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The federal courts play an important role in shaping American law and politics.
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All of the following are part of the official jurisdiction of the federal courts except
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cases involving citizens from the same state.
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The size of the U.S. Supreme Court is set by
answer
congress
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Which of the following is not a specialized "legislative court" created by Congress?
answer
the court of federal territories
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A writ of habeas corpus declares that
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the government must show a legal cause for holding someone in detention.
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The power of the Supreme Court to review state actions and legislation comes from
answer
marbury v madison
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When the Supreme Court refuses to review a lower-court decision, announcing this decision through a brief unsigned opinion, it is called ______ opinion
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a per curiam
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If an individual is arrested because their home was searched by police without a legal warrant, they could argue in court that they had been denied
answer
the due process of law
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A "certiorari pool" describes the
answer
practice by which Supreme Court law clerks work together to evaluate each petition.
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Under normal rules of oral argument, each lawyer has ______ to present his or her case before the Supreme Court.
answer
30min
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Trial courts in the federal judicial system are called
answer
district courts
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In most circumstances, a supreme court is best described as a(n) ______ court.
answer
appellate
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Which of the following is the essence of the rule of law?
answer
Every state must judge government officials by the same laws as its citizens are judged.
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Senatorial courtesy describes the practice of
answer
senators from a president's party approving of a judicial nominee from their home state.
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Andrew Jackson reputedly said, "John Marshall has made his decision, now let him enforce it." What did he mean by this statement?
answer
The Supreme Court is unable to enforce its decisions without the aid of the executive branch.
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A person, agency, or interest group not directly a party to a case but with an interest in its outcome may file a(n) ______ brief.
answer
amicus curiae
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In Roe v. Wade, the Supreme Court was required to rule on the issue of ______, due to the fact that the pregnancy had already come to term.
answer
mootness
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Original jurisdiction refers to
answer
the court with the authority to hear a case first.
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Which of the following statements about the U.S. Courts of Appeals is incorrect?
answer
The appeals courts are able to hear all cases involving federal law, but not constitutional law.
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The requirement of standing means that parties in a case must
answer
have a concrete injury or interest at stake
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Which of the following is part of the Miranda rule?
answer
arrested people have the right to remain silent
question
Aside from the justices themselves, who or what has the greatest power in shaping the flow of cases to the Supreme Court?
answer
the solicitor general
question
In recent years, federal court appointments have
answer
been characterized by intense partisan and ideological efforts to support or defeat the candidate.
question
Which of the following was not part of the Supreme Court's ruling in Hamdi v. Rumsfeld?
answer
Persons the president designates as enemy combatants do not have to be granted an opportunity to rebut those charges.
question
In which type of case does the Supreme Court have original jurisdiction?
answer
any case involving an ambassador
question
Most cases reach the Supreme Court through the
answer
writ of certiorari
question
What was the Supreme Court's ruling in 1948 regarding restrictive covenants?
answer
individuals had the right to discriminate in private contracts but courts could not enforce these contracts
question
The jurisdiction of each federal court is derived from
answer
the constitution and federal law
question
Each Supreme Court justice is assigned ______ clerk(s).
answer
four
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______ is an example of a justice who advocated judicial restraint.
answer
felix frankfurter
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Why was the Supreme Court's decision in Ricci v. DeStefano important?
answer
It held that, in order to seek damages, employees must show that employment tests for promotion are clearly defective, rather than that they produce unequal outcomes based on race or gender.
question
When a case is resolved through a negotiated agreement before a full trial is completed, it is called
answer
a plea bargain
question
Why did many Republicans oppose President Obama's nomination of Sonia Sotomayor to the Supreme Court?
answer
she supported affirmative action
question
In what year was Marbury v. Madison decided?
answer
1803
question
What was the basis of Justice John Marshall's assertion that the federal courts have the power of judicial review?
answer
It is the duty of the courts to say what the law is, therefore it is necessary for the courts to interpret and expound upon the law.
question
What did the framers call the "least dangerous branch"?
answer
the supreme court
question
Which of the following is not a traditional limitation on the power of the federal courts?
answer
the ability of congress to reduce federal judges' salaries
question
The increase of administrative agencies since the New Deal has resulted in
answer
a delegation of power by congress to administrative agencies
question
_______________ involves the violation of the concepts of right and wrong as defined by statute and is usually punishable by a specified amount of time in jail.
answer
criminal law
question
________________ involves disputes between individuals and/or businesses over relationships, obligations, or responsibility, with the remedy usually being monetary compensation.
answer
civil law
question
The state courts that handle trials involving criminal or civil matters are the ______________
answer
district courts
question
_____________ percent of criminal defendants agree to plead guilty rather than go to trial.
answer
ninety-seven
question
The ____________________ courts have jurisdiction to hear class C misdemeanors and minor civil matters (e.g., small claims).
answer
justice of the peace courts
question
The highest court in Texas for civil matters is the ______________
answer
Texas Supreme Court
question
In Harris County and in other large urban counties, the state trial courts are given specialized jurisdiction over all of the following, except ___________________.
answer
maritime law
question
In district courts, the state is represented in criminal cases by the _______________
answer
district attorney
question
Attorneys that represent plaintiffs in civil cases are generally paid _____________
answer
on a contingency-fee basis
question
Statutory probate courts are given jurisdiction to hear cases arising out of disputes concerning ________________
answer
wills and estate law
question
apital cases are appealed directly to the ___________________
answer
Texas court of criminal appeals
question
__________________ were created by the Texas legislature to have jurisdiction over violations of city ordinances and class C misdemeanors.
answer
municipal courts
question
exas judges, with the exception of municipal judges, are ________________
answer
elected in partisan elections
question
The county court has the power to hear all of the following types of cases, except ______________________.
answer
felony cases
question
A ________________ consists of twelve persons who serve for two to six months and who determine whether the state has enough evidence to support the issuance of an indictment.
answer
grand jury
question
The highest court in Texas for criminal matters is the ______________
answer
Texas Court of Criminal Appeals
question
The president's expressed powers include all of the following except
answer
Partisan
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