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US National Govt

by: Waino Abbott

US National Govt POLS 1100

Waino Abbott
The U
GPA 3.79

Dan Jones

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Dan Jones
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This 18 page Class Notes was uploaded by Waino Abbott on Monday October 26, 2015. The Class Notes belongs to POLS 1100 at University of Utah taught by Dan Jones in Fall. Since its upload, it has received 13 views. For similar materials see /class/229966/pols-1100-university-of-utah in Political Science at University of Utah.

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Date Created: 10/26/15
Pro Jones Government 1010 Bonus GOV 5611819710 Key Terms Ch 5 BILL OF ATTAINDER an act of legislature finding a person guilty oftreason or felony without trial BILL OF RIGHTS a formal statement of the fundamental rights of the people of the United States incorporated in the Constitution as Amendments 1 10 and in all state constitutions CIVIL LIBERTIES the freedom of a citizen to exercise customary rights as of speech or assembly without unwarranted or arbitrary interference by the government CIVIL RIGHTS rights to personal liberty established by the 13th and 14th Amendments to the US Constitution and certain Congressional acts esp as applied to an individual or a minority group CLEAR AND PRESENT DANGER TEST used to test whether limitations may be placed on First Amendment free speech rights DIRECT INCITEMENT TEST Holds that advocacy of illegal action is protected by the First Amendment unless imminent lawless action is intended and likely to occur DOUBLE JEOPARDY CLAUSE is a procedural defense that forbids a defendant from being tried again on the same or similar charges following a legitimate acquittal or conviction DUE PROCESS CLAUSE a clause in a constitution prohibiting the government from depriving a person of life liberty or property without due process of law specifically often cap DampPampC such a clause found in the Fifth and Fourteenth Amendments to the US Constitution EIGHTH AMENDMENT an amendment to the US Constitution ratified in 1791 as part ofthe Bill of Rights guaranteeing reasonable bail fines and punishment ESTABLISHMENT CLAUSE a clause in the US Constitution forbidding Congress from establishing a state religion EXCLUSIONARY RULE a rule that forbids the introduction of illegally obtained evidence in a criminal trial EX POST FACTO LAW a civil or criminal law with retroactive effect especially a law that retroactively alters a defendant s rights esp by criminalizing and imposing punishment for an act that was not criminal or punishable at the time it was committed by increasing the severity Pro Jones Government 1010 of a crime from its level at the time the crime was committed by increasing the punishment for a crime from the punishment imposed at the time the crime was committed or by taking away from the protections as evidentiary protection afforded the defendant by the law as it existed when the act was committed FIFTH AMENDMENT an amendment to the US Constitution ratified in 1791 as part of the Bill of Rights providing chiefly that no person be required to testify against himself or herself in a criminal case and that no person be subjected to a second trial for an offense for which he or she has been duly tried previously FIGHTING WORDS words which by their very utterance are likely to inflict harm on or provoke a breach of the peace by the average person to whom they are directed FIRST AMENDMENT an amendment to the US Constitution ratified in 1791 as part ofthe Bill of Rights prohibiting Congress from interfering with freedom of religion speech assembly or petition FOURTH AMENDMENT an amendment to the US Constitution ratified in 1791 as part ofthe Bill of Rights prohibiting unlawful search and seizure of personal property FREE EXERCISE CLAUSE the clause in the First Amendment to the US Constitution prohibiting Congress from making any law prohibiting the free exercise of religion FUNDAMENTAL FREEDOMS are rights of Individuals found mostly in the First Amendment of the US Constitution They are Freedom of Speech Freedom ofthe Press Freedom of Religion INCORPORATION DOCTRINE Those quotfundamental principles of liberty and justice which lie at the base of all our civil and political institutions LIBEL a formal written declaration or statement as one containing the allegations of a plaintiff or the grounds of a charge MIRANDA RIGHTS The rights as the right to remain silent to have an attorney present and to have an attorney appointed if indigent of which an arresting officer must advise the person being arrested MIRANDA V ARIZONA was a landmark 5 4 decision ofthe United States Supreme Court The Court held that both inculpatory andexculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and ofthe right against self incrimination prior to Pro Jones Government 1010 questioning by police and that the defendant not only understood these rights but voluntarily waived them NEW YORK TIMES CO V SULLIVAN was a United States Supreme Court case which established the actual malice standard which has to be met before press reports about public officials or public figures can be considered to be defamation and libel NINTH AMENDMENT an amendment to the US Constitution ratified in 1791 as part of the Bill of Rights guaranteeing that the rights enumerated in the Constitution would not be construed as denying or jeopardizing other rights of the people PRIOR RESTRAINT a court order banning publication of unpublished material RIGHT TO PRIVACY right to be free of unsanctioned intrusion ROE V WADE The Court held that the constitutional right to privacy extends to a woman s decision to have an abortion but that right must be balanced against the state s two legitimate interests for regulating abortions protecting prenatal life and protecting the mother s health SELECTIVE INCORPORATION a theory or doctrine of constitutional law that those rights guaranteed by the first eight amendments to the US Constitution that are fundamental to and implicit in the concept of ordered liberty are incorporated into the Fourteenth Amendment s due process clause SIXTH AMENDMENT an amendment to the US Constitution ratified in 1791 as part of the Bill of Rights guaranteeing the right to a trial by jury in criminal cases SLANDER a malicious false and defamatory statement or report SUBSTANTIVE DUE PROCESS is the principle that a person has a right to receive notice and be heard in an orderly proceeding in order to protect his or her rights SYMBOLIC SPEECH is a legal term for an action that expresses an opinion or idea non verbally TENTH AMENDMENT an amendment to the US Constitution ratified in 1791 as part of the Bill of Rights guaranteeing to the states and the people those rights that are not delegated to the federal government by the Constitution WRITE OF HABEAS CORPUS legal action through which a prisoner can be released from unlawful detention The remedy can be sought by the prisoner or by another person coming to his aid Pro Jones Government 1010 Key Terms Ch 6 AFFIRMATIVE ACTION he encouragement of increased representation of women and minority group members esp in employment BLACK CODES any code of law that defined and esp limited therights of former slaves after the Civil War BROWN V BOARD OF EDUCATION declared state laws establishing separate public schools for black and white students unconstitutional The decision overturned the Plessy v Ferguson decision of 1896 which allowed state sponsored segregation Handed down on May 17 1954 the Warren Court s unanimous 9 0 decision stated that quotseparate educational facilities are inherently unequalquot CIVIL RIGHTS rights to personal liberty established by the 13th and 14th Amendments to the US Constitution and certain Congressional acts esp as applied to an individual or a minority group CIVIL RIGHTS ACT OF 1964 A federal law that authorized federal action against segregation in public accommodations public facilities and employment The law was passed during a period of great strength for the civil rights movement and President Lyndon Johnson persuaded many reluctant members of Congress to support the law CIVIL RIGHTS CASES 1883 were a group offive similar cases consolidated into one issue for the United States Supreme Court to review The Court held that Congress lacked the constitutional authority under the enforcement provisions of the Fourteenth Amendment to outlaw racial discrimination by private individuals and organizations rather than state and local governments DE FACTO DISCRIMINATION discrimination based on a person s race ethnicity religion gender sexual orientation etc faced by that person or group in the daily conduct of everyday life in a particular society that is not supported or mandated by the laws ofthat society DE JURE DISCRIMINATION discrimination based on a person s race ethnicity religion gender sexual orientation etc faced by a person or group that is supported or mandated by the laws ofthat society The quotJim Crowquot laws in the American south at the turn of the century would be an example of de jure discrimination EQUAL EMPLOYMENT OPPORTUNITY COMMISSION is an independent federal agency that enforces laws against workplace discrimination Pro Jones Government 1010 EQUAL PROTECTION CLAUSE The Equal Protection Clause part of the Fourteenth Amendment to the United States Constitution provides that quotno state shall deny to any person within its jurisdiction the equal protection ofthe lawsquot FIFTEENTH AMENDMENT an amendment to the US Constitution ratified in 1870 prohibiting the restriction of voting rights quoton account of race color or previous condition of servitudequot FOURTEENTH AMENDMENT an amendment to the US Constitution ratified in 1868 defining national citizenship and forbidding the states to restrict the basic rights of citizens or other persons GRANDFATHER CLAUSE a clause in the constitutions of some Southern states after 1890 intended to permit whites to vote while disfranchising blacks it exempted from new literacy and property qualifications for voting those men entitled to vote before 1867 and their lineal descendants JIM CROW LAWS any state law discriminating against black persons NINETEENTH AMENDMENT an amendment to the US Constitution ratified in 1920 guaranteeing women the right to vote PLESSY V FERGUSON case decided by the US Supreme Court in 1896 The court upheld an 1890 Louisiana statute mandating racially segregated but equal railroad carriages ruling that the equal protection clause ofthe Fourteenth amendment to the US Constitution dealt with political and not social equality POLL TAX a capitation tax the payment of which is sometimes a prerequisite to exercise the right of suffrage STRICT SCRUTINY the highest level ofjudicial scrutiny that is applied esp to a law that allegedly violates equal protection in order to determine if it is narrowly tailored to serve a compelling state interest SUFFRAGE MOVEMENT Women s suffrage is the right of women to vote and historically includes the economic and political reform movement aimed at extending suffrage to women on an equal basis to those for men and without any restrictions or qualifications such as property ownership payment of tax or marital status SUSPECT CLASSIFICATION a statutory classification that is subject to strict scrutiny by the judiciary of its consistency with constitutional equal protection guarantees because it affects a suspect class Pro Jones Government 1010 THIRTEENTH AMENDMENT an amendment to the US Constitution ratified in 1865 abolishing slavery TITLE IX a clause in the 1972 Education Act stating that no one shall because of sex be denied the benefits of any educational program of activity that receives direct federal aid WOMEN S EQUALITY AMENDMENT The ERA was originally written by Alice Paul In 1972 it passed both houses of Congress but failed to gain ratification before its June 30 1982 deadline Key Terms Ch 11 EXIT POLLS a poll taken of a small percentage of voters as they leave the polls used to forecast the outcome of an election or determine the reasons for voting decisions MARGIN OF ERROR the permittable or acceptable deviation from the target or a specific value an allowance for slight error or miscalculation an allowance for changing circumstances POLITICAL IDEOLOGY Form of social or political philosophy in which practical elements are as prominent as theoretical ones POLITICAL SOCIALIZATION is a concept concerning the quotstudy ofthe developmental processes by which children and adolescents acquire political cognition attitudes and behavioursquot PUBLIC OPINION the collective opinion of many people on some issue problem etc esp as a guide to action decision or the like PUBLIC OPINION POLLS a poll taken by sampling a cross section of the public in an effort to predict election results or to estimate public attitudes on issues PUSH POLLS a seemingly unbiased telephone survey that is actually conducted by supporters of a particular candidate and disseminates negative information about an opponent RANDOM SAMPLING a method of selecting a sample random sample from a statistical population in such a way that every possible sample that could be selected has a predetermined probability of being selected SAMPLE Statistics a subset of a population to study a sample of the total population STRATIFIED SAMPLING the population is divided into subpopulations strata and random samples are taken of each stratum STRAW POLLS an unofficial vote taken to obtain an indication of the general trend of opinion on a particular issue Pro Jones Government 1010 TRACKING POLLS a type of poll repeated periodically with the same group of people to check and measure changes of opinion or knowledge Key Terms Ch 8 CABINET an advisory body to the president consisting ofthe heads of the 13 executive departments ofthe federal government EXECUTIVE AGREEMENT an agreement usually pertaining to administrative matters and less formal than an international treaty made between chiefs of state without senatorial approval EXECUTIVE OFFICE OF THE PRESIDENT a group of federal agencies supervised by directors or staffs that work directly with the president or a presidential assistant EXECUTIVE ORDER an order having the force of law issued by the president ofthe US to the army navy or other part of the executive branch of the government EXECUTIVE PRIVILEDGE refers to the assertion made by the President or other executive branch officials when they refuse to give Congress the courts or private parties information or records which have been requested or subpoenaed or when they order government witnesses not to testify before Congress IMPEACHMENT in Congress or a state legislature the presentation of formal charges against a public official by the lower house trial to be before the upper house INHERENT POWERS Inherent powers are those powers that a sovereign state holds A power ofthe president derived from the loosely worded statements in the Constitution that quotthe executive Power shall be vested in a Presidentquot and that the president should quottake Care that the Laws be faithfully executedquot LINEITEM VETO In government the line item veto is the power of an executive to nullify or cancel specific provisions of a bill usually budget appropriations without vetoing the entire legislative package NEW DEAL the principles of the progressive wing of the Democratic party esp those advocated under the leadership of President Franklin D Roosevelt for economic recovery and social reforms OFFICE OF MANAGEMENT AND BUDGET A Federal agency responsible for providing fiscal accounting and budgeting services for the Federal government PARDON a release from the penalty of an offense a remission of penalty as by a governor or president Pro Jones Government 1010 TWENTYFIFTH AMENDMENT an amendment to the US Constitution ratified in 1967 establishing the succession to the presidency in the event ofthe president s death resignation or incapacity TWENTYSECOND AMENDMENT an amendment to the US Constitution ratified in 1951 limiting presidential terms to two for any one person or to one elected term ifthe person has completed more than two years of another s term US V NIXON United States v Nixon was a landmark United States Supreme Court decision It was a unanimous 8 0 ruling involving President Richard Nixon and was important to the late stages ofthe Watergate scandal It is considered a crucial precedent limiting the power of any US president VETO POWER the power or right vested in one branch of a government to cancel or postpone the decisions enactments etc of another branch esp the right of a president governor or other chief executive to reject bills passed by the legislature WAR POWERS ACT The War Powers Resolution of 1973 50 USC was a United States Congress joint resolution providing that the President can send US armed forces into action abroad only by authorization of Congress or if the United States is already under attack or serious threat Key Terms Ch 19 ALQAEDA a terrorist network intensely opposed to the United States that dispenses money and logistical support and training to a wide variety of radical Islamic terrorist groups has cells in more than 50 countries BRETI39ON WOODS AGREEMENT The Bretton Woods system of monetary management established the rules for commercial and financial relations among the world s major industrial states in the mid 20th century BUSH DOCTRINE The Bush Doctrine is a phrase used to describe various related foreign policy principles of former United States president George W Bush CENTRAL INTELLIGENCE AGENCY independent executive bureau ofthe US government established by the National Security Act of 1947 replacing the wartime Office of Strategic Services 1942 45 the first US espionage and covert operations agency While the CIA s covert operations receive the most attention its major responsibility is to gather intelligence in which it uses not only covert agents but such technological resources as satellite photos and intercepted telecommunications transmissions Pro Jones Government 1010 COLLECTIVE SECURITY Collective security can be understood as a security arrangement in which all states cooperate collectively to provide security for all by the actions of all against any states within the groups which might challenge the existing order by using sanctions and force CONTAINMENT a policy of creating strategic alliances in order to check the expansion of a hostile power or ideology or to force it to negotiate peacefully quotcontainment of communist expansion was a central principle of United States foreign policy from 1947 to the 1975quot CUBAN MISSILE CRISIS The Cuban Missile Crisis was a confrontation between the United States the Soviet Union and Cuba in October 1962 during the Cold War DEPARTMENT OF DEFENSE one ofthe Cabinet departments created in 1947 The department was formerly known as the Department of War but later was combined with the Department ofthe Navy to create the Department of Defense by President Truman DEPARTMENT OF HOMELAND SECURITY The United States Department of Homeland Security DHS is a Cabinet department of the United States federal government with the primary responsibilities of protecting the territory ofthe US from terrorist attacks and responding to natural disasters DEPARTMENT OF STATE the federal department in the United States that sets and maintains foreign policies quotthe Department of State was created in 1789quot DETENTE the easing of tensions or strained relations especially between nations EMBARGO ACT he Embargo Act of 1807 was a bill that banned trade between the United States of America and other nations The bill also prevented many ships from leaving American ports thus hindering exploration efforts ENGAGEMENT an appointment especially to speak or perform connection or attachment the period oftime when marriage is planned or promised the point at which the fencers are close enough to join blades or to make an effective attack during an encounter In air defense an attack with guns or air ENLARGEMENT an act of enlarging increase expansion or amplification HUMAN RIGHTS fundamental rights esp those believed to belong to an individual and in whose exercise a government may not interfere as the rights to speak associate work etc INTERNATIONAL GOVERNMENTAL ORGANIZATION Agency set up by two or more states to carry out projects and plans in common interest Pro Jones Government 1010 INTERNATIONAL MONETARY FUND The International Monetary Fund IMF is the international organization that oversees the global financial system by following the macroeconomic policies of its member countries in particular those with an impact on exchange rate and the balance of payments ISOLATIONISM the policy or doctrine of isolating one s country from the affairs of other nations by declining to enter into alliances foreign economic commitments international agreements etc seeking to devote the entire efforts of one s country to its own advancement and remain at peace by avoiding foreign entanglements and responsibilities JOINT CHIEFS OF STAFF the executive agency that advises the President on military questions composed of the chiefs of the United States Army and the United States Navy and the United States Air Force and the commandant of the United States Marine Corps LEAGUE OF NATIONS an international organization formed in 1920 to promote cooperation and peace among nations although suggested by Woodrow Wilson the United States never joined and it remained powerless it was dissolved in 1946 after the United Nations was formed MANIFEST DESTINY Manifest Destiny is a term that was used in the 19th century to designate the belief that the United States was destined even divinely ordained to expand across the North American continent from the Atlantic seaboard to the Pacific Ocean MARSHALL PLAN The Marshall Plan from its enactment officially the European Recovery Program ERP was the primary program 1948 51 of the United States for rebuilding and creating a stronger economic foundation for the countries of Western Europe and repelling the threat of internal communism after World MILITARY INDUSTRIAL COMPLEX is a concept commonly used to refer to policy relationships between governments national armed forces and the industrial sector that supports them MONROE DOCTRINE an American foreign policy opposing interference in the western hemisphere from outside powers MORALISM Characteristic of or relating to a narrow minded concern ofthe morals of others self righteous MULTILATERALISM Multilateralism is a term in international relations that refers to multiple countries working in concert on a given issue NATIONAL SECURITY AGENCY The National Security AgencyCentral Security Service NSACSS is a cryptologic intelligence agency of the United States government administered as part of Pro Jones Government 1010 the United States Department of Defense Created on November 4 1952 by President Harry S Truman NATIONAL SECURITY COUNCIL a committee in the executive branch of government that advises the president on foreign and military and national security supervises the Central Intelligence Agency 911 COMMISSION The National Commission on Terrorist Attacks Upon the United States also known as the 911 Commission was set up on November 27 2002 quotto prepare a full and complete account ofthe circumstances surrounding the September 11 2001 attacksquot including preparedness for and the immediate response NONGOVERNMENTAL ORGANIZATION Non governmental organization NGO is a term that has become widely accepted as referring to a legally constituted non governmental organization created by natural or legal persons with no participation or representation of any government NORTH AMERICAN FREE TRADE AGREEMENT an agreement for free trade between the United States and Canada and Mexico became effective in 1994 for ten years NORTH ATLANTIC TREATY ORGANIZATION NATO is made up of 19 nations 13 of which are participating in the bombings NATO s ruling body the North Atlantic Council must have unanimity before taking any military action PEARL HARBOR a harbor on Oahu to the west of Honolulu location of a United States naval base that was attacked by the Japanese on 7 Dec 1941 POWELL DOCTRINE The quotPowell Doctrinequot is a journalist created term named after General Colin Powell in the run up to the 1990 1991 Gulf War It is based in large part on the Weinberger Doctrine devised by Caspar Weinberger former Secretary of Defense and Powell s former boss PRAGMATISM Pragmatism is a philosophical movement that includes those who claim that an ideology or proposition is true if it works satisfactorily that the meaning of a proposition is to be found in the practical consequences of accepting it and that unpractical ideas are to be rejected REAGAN DOCTRINE The Reagan Doctrine was a strategy orchestrated and implemented by the United States under the Reagan Administration to oppose the global influence ofthe Soviet Union during the final years of the Cold War Pro Jones Government 1010 ROOSEVELT COROLLARY The Roosevelt Corollary was a substantial amendment to the Monroe Doctrine by US President Theodore Roosevelt in 1904 TALIBAN fundamentalist Islamic militia in 1995 the Taliban militia took over Afghanistan and in 1996 took Kabul and set up an Islamic government TARIFFS a system of government imposed duties levied on imported or exported goods a list of such duties or the duties themselves a schedule of rates fees or prices a sentence determined according to a scale of standard penalties for certain categories of crime to levy a duty on something TRUMAN DOCTRINE The Truman Doctrine is the common name for the Cold War strategy of containment versus the Soviet Union and the expansion of communism This doctrine was first promulgated by President Harry Truman in an address to the US Congress on February 27 1947 UNILATERALISM the doctrine that nations should conduct their foreign affairs individualistically without the advice or involvement of other nations UNITED NATIONS An international coalition founded 24 October 1945 headquartered in New York City VIETNAM WAR also known as the Second Indochina War the Vietnam Conflict or the American War was a Cold War military conflict that occurred in Vietnam Laos and Cambodia from September 26 1959 WAR ON TERRORISM An ongoing campaign by the United States and some of its allies the stated aim of which is to counter international terrorism but especially to counter al Qaeda and other militant Muslim groups The common term for the military political legal and ideological conflict against Islamic WAR POWERS ACT The War Powers Resolution of 1973 50 USC was a United States Congress joint resolution providing that the President can send US armed forces into action abroad only by authorization of Congress or if the United States is already under attack or serious threat WEAPONS OF MASS DESTRUCTION is a weapon that can kill large numbers of humans andor cause great damage to man made structures eg buildings natural structures eg mountains or the biosphere in general WORLD BANK nternational Bank for Reconstruction and Development a United Nations agency created to assist developing nations by loans guaranteed by member governments Pro Jones Government 1010 WORLD TRADE ORGANIZATION an international organization based in Geneva that monitors and enforces rules governing global trade Key Terms Ch 7 APPORTIONMENT the distribution of seats in the US House of Representatives or a state legislature based proportionally on the population of states or electoral districts BICAMERAL LEGISLATURE having two separate and distinct lawmaking assemblies eg the Senate and the House of Representatives in the United States BILL a written proposal for a new law discussed and voted upon by the members ofa legislative body CLOTURE the process of closing a debate in the Senate by calling for a vote CONFERENCE COMMI39I39I39EE a meeting of select members or committees from two legislative bodies for the purpose of settling differences between bills they have passed CONGRESSIONAL REVIEW Act allows congress to review and overrule regulations issued by government agencies DELEGATE a representative of a territory or of the District of Columbia in the US House of Representatives who may speak on issues but not vote DISCHARGE PETITION to release somebody from service in the armed forces formally or formally end your service DIVIDED GOVERNMENT drawn toward two or more different and often incompatible purposes or groups EARMARK money set aside for state projects through legislation FILIBUSTER the use of irregular or obstructive tactics by a member of a legislative assembly to prevent the adoption of a measure generally favored or to force a decision against the will of the majority HOLD to engage in preside over carry on IMPEACHMENT the presentation of formal charges against a public official by the lower house trial to be before the upper house Pro Jones Government 1010 INCUMBENCY the office duty or tenure of an incumbent JOINT COMMITTEE a committee appointed from both houses ofa bicameral legislature in order to reach a compromise on their differences concerning a particular issue LOGROLLING the exchange of support or favors esp by legislators for mutual political gain as by voting for each other s bills MAJORITY LEADER the leader of the majority party in a legislative body esp the party member who directs the activities of the majority party on the floor of either the Senate or the House of Representatives MAJORITY PARTY A two party system is a form of party system where two major political parties dominate voting in nearly all elections at every level As a result all or nearly all elected offices end up being held by candidates endorsed by one ofthe two major parties MARKUP the putting ofa legislative bill into final form MINORITY LEADER the party member who directs the activities ofthe minority party on the floor of a legislative body as of the US Congress MINORITY PARTY A two party system is a form of party system where two major political parties dominate voting in nearly all elections at every level As a result all or nearly all elected offices end up being held by candidates endorsed by one ofthe two major parties OVERSIGHT supervision watchful care PARTY CAUCUS OR CONFERENCE A caucus is a meeting of supporters or members of a political party or movement especially in the United States The exact definition varies among political cultures POCKET VETO a veto of a bill brought about by the president s failure to sign it within ten days ofthe adjournment of Congress POLITICO The Politico is a political journalism organization based in Arlington Virginia that distributes its content via television the Internet newspaper and radio Its coverage includes Congress Washington DC lobbying and the Presidency PORK erogatory term referring to appropriation of government spending for localized projects secured solely or primarily to bring money to a state Pro Jones Government 1010 PRESIDENT PRO TEMPORE A President pro tempore is a constitutionally recognized officer of a legislative body who presides over the chamber in the absence ofthe normal presiding officer The phrase quotpro temporequot means quotfor the time beingquot REDISTRICTING to divide anew into districts as for administrative or electoral purposes SELECT COMMITTEE A legislative committee established for a limited period that may be created by either house and may include members of one or both houses to study a specific subject area SENATORIAL COURTESY Senatorial courtesy is an unwritten political custom in the United States whereby the president consults the senior US Senator of his political party of a given state before nominating any person to a federal vacancy within that Senator s state SENIORITY higher rank than that of others especially by reason of longer service SPEAKER OF THE HOUSE The term speaker is a title often given to the presiding officer of a legislative body The speaker s official role is to moderate debate make rulings on procedure announce the results of votes and the like STANDING COMMITTEE In the United States Congress standing committees are permanent legislative panels established by the United States House of Representatives and United States Senate rules TRUSTEE A Federal State or Tribal agency designated by the President to act on behalf of the public in assessing the damages to natural resources which they oversee and achieving restoration ofthose natural resources WHIP A whip is a role in party politics whose primary purpose is to ensure control of the formal decision making process in a parliamentary legislature Whips are party enforcers who typically offer both inducements and punishments to party members Key Terms Ch 10 AMICUS CURIAE n adviser to the court on some matter of law who is not a party to the case usually someone who wants to influence the outcome of a lawsuit involving matters of wide public interest APPELLATE COURT a court whose jurisdiction is to review decisions of lower courts or agencies Pro Jones Government 1010 APPELLATE JURISDICTION Appellate jurisdiction is the power of a court to review decisions and change outcomes of decisions of lower courts Most appellate jurisdiction is legislatively created and may consist of appeals by leave of the appellate court or by right BRIEF An attorney s legal argument in written form for submission to a court A short news story or report To knowledgeany summarize a recent development to some person with decision making power To write a legal argument and submit it to a court Of short duration or distance Concise CIVIL LAW Civil law is a legal system inspired by Roman law the primary feature of which is that laws are written into a collection codified and not determined as in common law by judges CONSTITUTIONAL COURT A constitutional court is a high court that deals primarily with constitutional law Its main authority is to rule on whether or not laws that are challenged are in fact unconstitutional ie whether or not they conflict with constitutionally established rights and freedoms CRIMINAL LAW The area of law pertaining to crime and punishment JUDICIAL ACTIVISM Judicial activism is a political term used to describe judicial rulings that are suspected to be based upon personal and political considerations other than existing law Judicial restraint is sometimes used as an antonym ofjudicial activism JUDICIAL IMPLEMENTATION Judicial implementation is the application of the court orders that are obligatory and those who do not follow can be held in contempt of court JUDICIAL RESTRAINT Judicial restraint is a theory ofjudicial interpretation that encourages judges to limit the exercise of their own power It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional It is sometimes regarded as the opposite ofjudicial activism JUDICIAL REVIEW review by a court of law of actions ofa government official or entity or of some other legally appointed person or body or the review by an appellate court of the decision of a trial court JUDICIARY ACT OF 1789 The act in the 1st Congress that set out the basic structure of the federal judiciary district courts and appellate courts under the constitutionally created Supreme Court and provided under the Constitution s Supremacy Clause that state court decisions could be appealed into this federal Pro Jones Government 1010 JURISDICTION A jurisdiction is an area with a set of laws under the control of a system of courts which are different to neighbouring areas Unitary states usually form single jurisdictions whilst each state in a federal state forms a separate jurisdiction LEGISLATIVE COURT Those federal courts set up by Congress under its implied or plenary powers for special purposes MARBURY V MADISON Marbury v Madison is a landmark case in United States law It formed the basis for the exercise ofjudicial review in the United States under Article III of the Constitution ORIGINAL JURISDICTION The original jurisdiction of a court is the right to hear a case for the first time as opposed to appellate jurisdiction when a court has the right to review a lower court s decision In the United States these courts are also referred to as trial courts PRECEDENT In common law legal systems a precedent or authority is a legal case establishing a principle or rule that a court or other judicial body utilizes when deciding subsequent cases with similar issues or facts RULE OF FOUR The rule of four is a Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari This is done specifically to prevent a majority of the court from controlling all the cases it agrees to hear SOLICITOR GENERAL a law officer appointed to assist an attorney general STARE DECISIS Stare decisis Latin Anglicisation is the legal principle by which judges are obliged to obey the set up precedents established by prior decisions STRICT CONSTRUCTIONIST Strict constructionism refers to a particular legal philosophy of judicial interpretation that limits or restricts judicial interpretation In the United States the phrase is also commonly used more loosely as a generic term for conservatism among the judiciary TRIAL COURT the first court before which the facts ofa case are decided WRIT OF CERTIORARI a common law writ issued by a superior court to one of inferior jurisdiction demanding the record ofa particular case Pro Jones Government 1010


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