Unit IVInstitutions of National

GovernmentThe Congress, The President

The BureaucracyThe Federal Courts

VocabularyChapters 11-14

Q1. The individuals who live within the geographical area represented by an elected official. More narrowly, the body of citizens eligible to vote for a particular representative

A1. constituency

Q2. Legislation whose tangible benefits are targeted at a particular legislator’s constituency

A2. pork-barrel projects (earmarks)

Q3. Use of personal staff by members of Congress to perform services for constituents in order to gain their support in future elections

A3. constituency service (service strategy)

Q4. Activities of members of Congress that help constituents as individuals; cutting through bureaucratic red tape to get people what they think they have a right to get

A4. casework

Q5. Those already holding office. In congressional elections they usually win

A5. incumbents

Q6. An election in which there is no incumbent in the race

A6. open seat

Q7. The reallocation of House seats among states after each census as a result of population changes

A7. reapportionment

Q8.The process of altering election districts in order to make them as nearly equal in population as possible. Takes place every ten years, after each population census

A8. redistricting

Q9. The process by which the party in power draws election district boundaries in a way that is to the advantage of its candidates

A9. gerrymandering

Q10. Drawing the boundaries of legislative districts so that they are unequal in population

A10. malapportionment

Q11. A group that consists of a party’s members in the House or Senate and that serves to elect the party’s leadership, set policy goals, and determine party strategy

A11. party caucus

Q12. party leaders

A12. Members of the House and Senate who are chosen by the Democratic or Republican caucus in each chamber to represent the party’s interests in that chamber and who give some central direction to the chamber’s deliberation

Q13. An office mandated by the Constitution. He is chosen in practice by the majority party, has both formal and informal powers, and is second in line (after the Vice-president) to succeed to the presidency should that office become vacant

A13. Speaker of the House

Q14. The legislative leader elected by party members holding the majority of seats in the House or the Senate.

A14. majority leader

Q15. The legislative leader elected by party members holding a minority of seats in the House or the Senate

A15. minority leader

Q16. A senator or representative who helps the party leader stay informed about what party members are thinking and rounds up members when important votes are to be taken

A16. whip

Q17. Permanent congressional committees with responsibility for a particular area of public policy.

A17. standing committees

Q18. Temporary joint committees formed to bargain over the differences in the House and Senate versions of a bill. Members are usually appointed from the House and Senate standing committees that originally worked on the bill

A18. conference committees

Q19. Committees on which both senators and representatives serve

A19. joint committees

Q20. select committees

A20. Congressional committees appointed for a limited time and purpose

Q21. jurisdiction (of a congressional committee)

A21. The policy area in which a particular congressional committee is authorized to act

Q22. A proposed law (legislative act) within Congress or another legislature

A22. bill

Q23. A procedural tactic in the U.S. Senate whereby a minority of legislators prevent a bill from coming to a vote by holding the floor and talking until the majority gives in and the bill is withdrawn from consideration

A23. filibuster

Q24. A parliamentary maneuver that, if a three-fifths majority votes for it, limits or ends Senate debate thus ending a filibuster

A24. cloture

Q25. An amendment to a bill that deals with an issue unrelated to the content of the bill. Permitted in the Senate but not in the house

A25. rider

Q26. party discipline

A26. The willingness of a party’s House or Senate members to act as a unified group and thus exert collective control over legislative action

Q27. A legislative proposal, or bill, that is passed by both the House and the Senate and is not vetoed by the president

A27. law (as enacted by Congress)

Q28. The president’s rejection of a bill, thereby keeping it from becoming law unless Congress overrides it

A28. veto

Q29. lawmaking function

A29. The authority (of a legislature) to make the laws necessary to carry out the government’s powers

Q30. representation function

A30. The responsibility of a legislature to represent various interests in society

Q31. The trading of votes between legislators so that each get what he or she most wants

A31. logrolling

Q32. A supervisory activity of Congress that centers on its constitutional responsibility to see that the executive branch carries out the laws faithfully and spends appropriations properly

A32. oversight function

Q33. The most important influencers of the congressional agenda. They play dominant roles in scheduling hearings, hiring staff, appointing subcommittees, and managing committee bills when they are brought before the full house. Members of the majority party.

A33. committee chairs

Q34. A lawmaking body made up of two chambers or parts

A34. bicameral legislature

Q35. safe districts

A35. Districts in which incumbents win by margins of 55 percent or more

Q36. marginal districts

A36. Political districts in which candidates elected to the House of Representatives win in close elections, typically by less than 55 percent of the vote

Q37. A vote in which a majority of Democratic legislators oppose a majority of Republican legislators

A37. party polarization (partisan)

Q38. An association of Congress members created to advance a political ideology or a regional, ethnic, or economic interest

A38. caucus (Congressional)

Q39. simple resolution

A39. An expression of opinion either in the House or Senate to settle procedural matters in either body

Q40. concurrent resolution

A40. An expression of opinion without the force of law that requires the approval of both the House and the Senate, but not the president

Q41. joint resolution

A41. A formal expression of congressional opinion that must be approved by both houses of Congress and by the president; constitutional amendments need not be signed by the president

Q42. multiple referral

A42. A congressional process whereby a bill may be referred to several committees

Q43. sequential referral

A43. A congressional process by which a Speaker may send a bill to a second committee after the first is finished acting

Q44. A device by which any member of the House, after a committee has had the bill for thirty days, may petition to have it brought to the floor

A44. discharge petition

Q45. An order from the House Rules Committee that sets a time limit on debate; forbids a bill being amended on the floor

A45. closed rule

Q46. An order from the House Rules Committee that permits a bill to be amended on the floor

A46. open rule

Q47. restrictive rule

A47. An order from the House Rules Committee that permits certain kinds of amendments but not others to be made into a bill on the floor

Q48. quorum

A48. The minimum number of members who must be present for business to be conducted in Congress

Q49. A procedure to keep the Senate going during a filibuster in which the disputed bill is shelved temporarily so that the Senate can get on with other business

A49. double-tracking

Q50. An informal practice by which a Senator informs the floor leader that he/she does not wish a particular bill or other measure to reach the floor for consideration

A50. hold

Q51. Used in the Senate to ease the passage of a bill. May limit the time available for debate, specifies who controls the time, and can also permit only a list of specified amendments

A51. unanimous consent agreement

Q52. Voice, division, teller, roll-call, and electronic are all types of

A52. congressional voting procedure

Q53. The ability of members to mail letters to their constituents free of charge by substituting their facsimile signature for postage

A53. franking privilege

Q54. An institution unique to the House of Representatives that reviews all bills (except revenue, budget, and appropriations bills) coming from a House committee before they go to the full House. Will also establish rules for the bill

A54. House Rules Committee

Q55. The House of Representatives committee that, along with the Senate Finance Committee, writes the tax codes, subject to the approval of Congress as a whole

A55. House Ways and Means Committee

Q56. An act of Congress that actually funds programs within limits established by authorization bills (legislative permission to begin or continue a government program or agency)

A56. appropriations bill

Q57. Congressional Budget Office (CBO)

A57. Advises Congress on the probable consequences of budget decisions and forecasts revenues

Q58. Modified the role of Congress in the federal budgetary process. It created standing budget committees in both the House and Senate, established the Congressional Budget Office, and moved the beginning of the fiscal year from July 1 to October 1. Reason: Nixon’s refusal to disburse nearly $12 billion of congressionally-appropriated funds through the executive power of impoundmentGoals:1. strengthen and centralize Congress’ budget authority & 2. reduce the President’s impoundment authority

A58. 1974 Congressional Budget and Impoundment Control Act

Q59. A theory that prevailed in the nineteenth century and held that the presidency was a limited or restrained office whose occupant was confined to expressly granted constitutional authority

A59. Whig theory

Q60. A theory that argues for a strong, assertive presidential role, with presidential authority limited only at points specifically prohibited by law

A60. stewardship theory

Q61. Meetings at which a party’s candidates for nomination are voted on and that are open to all the party’s rank-and-file voters who want to attend

A61. open party caucuses

Q62. A strong showing by a candidate in early presidential nominating contests, which leads to a buildup of public support for the candidate

A62. momentum (in campaigns)

Q63. The rule that grants all of a state’s electoral votes to the candidate who receives the most popular votes in the state

A63. unit rule (winner-take-all)

Q64. cabinet

A64. A group consisting of the heads of the executive (cabinet) departments, who are appointed by the president, subject to confirmation by the Senate. The cabinet was once the main advisory body to the president but it no longer plays this role

Q65. The president’s first months in office, a time when Congress, the press, and the public are more inclined than usual to support presidential initiatives

A65. honeymoon period

Q66. A measure of the degree to which the public approves or disapproves of the president’s performance in office

A66. presidential approval ratings

Q67. One party controls the White House and another party controls one or both houses of Congress

A67. divided government

Q68. The same party controls the White House and both houses of Congress

A68. unified government

Q69. The inability of the government to act because rival parties control different parts of the government

A69. gridlock

Q70. The people chosen to cast each state’s votes in a presidential election. Each state can cast one electoral vote for each senator and representative it has. The District of Columbia has three electoral votes, even though it cannot elect a representative or senator

A70. electoral college

Q71. A president’s subordinates report to him through a clear chain of command headed by a chief of staff

A71. pyramid structure

Q72. Several of the president’s assistants report directly to him

A72. circular structure

Q73. ad hoc structure

A73. Several subordinates, cabinet officers, and committees report directly to the president on different matters

Q74. The president’s use of his prestige and visibility to guide or enthuse the American public

A74. bully pulpit

Q75. veto message

A75. A message from the president to Congress stating that he will not sign a bill it has passed. Must be produced with ten days of the bill’ passage

Q76. A bill fails to become law because the president did not sign it within ten days before Congress adjourns

A76. pocket veto

Q77. An executive’s ability to block a particular provision in a bill passed by the legislative

A77. line-item-veto

Q78. The authority of Congress to block a presidential action after it has taken place. The Supreme Court has held that Congress does not have this power

A78. legislative veto

Q79. Charges against a president approved by a majority of the House of Represent

A79. impeachment

Q80. A person still in office after he or she has lost a bid for relection

A80. lame duck

Q81. Passed in 1951, the amendment that limits presidents to two terms of office

A81. Twenty-second Amendment

Q82. The events and scandal surrounding a break-in at the Democratic National Committee headquarters in 1972 and the subsequent cover-up of White House involvement, leading to the eventual resignation of President Nixon under the threat of impeachment

A82. Watergate

Q83. Passed in 1967, this amendment permits the vice president to become acting president if both the vice president and the president’s cabinet determine that the president is disabled. The amendment also outlines how a recuperated president can reclaim the job

A83. Twenty-fifth Amendment

Q84. National Security Council (NSC)

A84. An office created in 1947 to coordinate the president’s foreign and military policy advisers. Its formal members are the president, vice president, secretary of state, and secretary of defense, and it is managed by the president’s national security assistant (advisor)

Q85. Council of Economic Advisors (CEA)

A85. A three-member body appointed by the president to advise the president on economic policy

Q86. An office that grew out of the Bureau of the Budget, created in 1921, consisting of a handful of political appointees and hundreds of skilled professionals. The OMB performs both managerial and budgetary functions, and although the president is its boss, the director and staff have considerable independence in the budgetary process

A86. Office of Management and Budget (OMB)

Q87. presidential coattails

A87. The situation occurring when voters cast their ballots for congressional candidates of the president’s party because they support the president

Q88. A law passed in 1973 in reaction to American fighting in Vietnam and Cambodia that requires presidents to consult with Congress whenever possible when using military force and to withdraw forces after 60 days unless Congress declares war or grants an extension. President’s view the resolution as unconstitutional

A88. War Powers Act (Resolution)

Q89. A system of organization and control based on the principles of hierarchical authority, job specialization, and formalized rules

A89. bureaucracy

Q90. hierarchical authority

A90. A basic principle of bureaucracy that refers to the chain of command within an organization whereby officials and units have control over those below them

Q91. job specialization

A91. A basic principle of bureaucracy that holds that the responsibilities of each job position should be explicitly defined and that a precise division of labor within the organization should be maintained

Q92. formalized rules

A92. A basic principle of bureaucracy that refers to the standardized procedures and established regulations by which a bureaucracy conducts its operations

Q93. The major administrative organizations within the federal executive bureaucracy, each of which is headed by a secretary or, in the case of Justice, the attorney general. Each department has responsibility for a major function of the federal government, such as defense, agriculture, or justice

A93. cabinet (executive) departments

Q94. Bureaucratic agencies that are similar to cabinet departments but usually have a narrower area of responsibility. Each such agency is headed by a presidential appointee who is not a cabinet member. An example is the National Aeronautics and Space Administration (NASA)

Q94. independent agencies

Q95. Administrative units, such as the Federal Communications Commission (FCC) and the Environmental Protection Agency (EPA), that have responsibility for the monitoring and regulation of ongoing economic activities

A95. regulatory agencies

Q96. Bodies, such as the U.S. Postal Service and Amtrak, that are similar to private corporations in that they charge for their services but differ in that they receive federal funding to help defray expenses. Their directors are appointed by the president with Senate approval

A96. government corporations

Q97. presidential commissions

A97. Advisory organizations within the bureaucracy that are headed by commissioners appointed by the president. An example is the Commission on Civil Rights

Q98. The primary function of the bureaucracy; it refers to the process of carrying out the authoritative decisions of Congress, the president, and the courts

A98. policy implementation

Q99. An approach to managing the bureaucracy whereby people are appointed to important government positions as a reward for political services they have rendered and because of their partisan loyalty

A99. patronage system

Q100. The practice of granting public office to individuals in return for political favors they have rendered

A100. spoils system

Q101. An approach to managing the bureaucracy whereby people are appointed to government positions on the basis of either competitive examinations or special qualifications, such as professional training

A101. merit (civil service) system

Q102. neutral competence

A102. The administrative objective of a merit-based bureaucracy. Such a bureaucracy should be “competent” in the sense that its employees are hired and retained on the basis of their expertise and “neutral” in the sense that it operates by objective standards rather than partisan ones

Q103. executive leadership system

A103. An approach to managing the bureaucracy that is based on presidential leadership and presidential management tools, such as the president’s annual budget proposal

Q104. The tendency of bureaucrats to place the interests of their agency ahead of other interests and ahead of the priorities sought by the president or Congress

A104. agency point of view

Q105. clientele groups

A105. Special interest groups that benefit directly from the activities of a particular bureaucratic agency and therefore are strong advocates of the agency

Q106. bureaucratic accountability

A106. The degree to which bureaucrats are held accountable for the power they exercise

Q107. A law containing a provision that fixes a date on which a program will end unless the program’s life is extended by Congress

A107. sunset law

Q108. An internal check on the bureaucracy whereby employees report instances of mismanagement that they observe

A108. whistle-blowing

Q109. demographic representativeness

A109. The idea that the bureaucracy will be more responsive to the public if its employees at all levels are demographically representative of the population as a whole

Q110. discretionary authority

A110. The extent to which appointed bureaucrats can choose courses of action and make policies that are not spelled out in advance by laws

Q111. competitive service

A111. The government offices to which people are appointed on the basis of merit, as ascertained by a written exam or by applying certain selection criterial

Q112. trust funds

A112. Funds for government programs that are collected and spent outside the regular government budget

Q113. committee clearance

A113. The ability of a congressional committee to review and approve certain agency decisions in advance and without passing a law

Q114. Complex bureaucratic rules and procedures that must be followed to get something done

A114. red tape

Q115. Passed in 1883, an Act that created a federal civil service so that hiring and promotion would be based on merit rather than patronage

A115. Pendleton Civil Service Act

Q116. Hatch Act

A116. A federal law prohibiting government employees from active participation in partisan politics

Q117. GS (General Schedule) rating

A117. A schedule for federal employees, ranging from GS 1 to GS 18, by which salaries can be keyed to rating and experience

Q118. An elite cadre of about 11,000 federal government managers, established by the Civil Service Reform Act of 1978, who are mostly career officials but include some political appointees who do not require Senate confirmation

A118. Senior Executive Service (SES)

Q119. street-level bureaucrats

A119. A phrase coined by Michael Lipsky, referring to those bureaucrats who are in constant contact with the public and have considerable administrative discretion

Q120. A given court’s authority to hear cases of a particular kind. May be original or appellate

A120. jurisdiction (of a court)

Q121. The authority of a given court to be the first court to hear a case

A121. original jurisdiction

Q122. A judicial decision that serves as a rule for settling subsequent cases of a similar nature

A122. precedent

Q123. The authority of a given court to review cases that have already been tried in lower courts and are appealed to it by the losing party

A123. appellate jurisdiction

Q124. An order by a higher directing a lower court to send up a case for review

A124. writ of certiorari

Q125. The high-ranking Justice Department official who serves as the government’s lawyer in Supreme Court cases

A125. solicitor general

Q126. A written statement by a party in a court case that details its argument

A126. brief

Q127. A closed meeting of the justices of the U.S. Supreme Court to discuss and vote on the cases before them; the justices are not supposed to discuss these proceedings with outsiders

A127. judicial conference

Q128. A vote of the Supreme Court in a particular case that indicates which party the justices side with and by how large a margin

A128. decision

Q129. A court’s written explanation of its decision, which serves to inform others of the legal basis for the decision. They are expected to guide the decisions of other courts

A129. opinion (of a court)

Q130. A court opinion that results when a majority of the justices are in agreement on the legal basis of the decision

A130. majority opinion

Q131. A separate opinion written by one or more Supreme Court justices who vote with the majority in the decision on a case but who disagree with their reasoning

A131. concurring opinion

Q132. The opinion of a justice in a Supreme Court case that explains his or her reasons for disagreeing with the majority’s decision

A132. dissenting opinion

Q133. The tradition that a U.S. senator from the state in which a federal judicial vacancy has arisen should have a say in the president’s nomination of the new judge if the senator is of the same party as the president

A133. senatorial courtesy

Q134. facts (of a court case)

A134. The relevant circumstances of a legal dispute or offense as determined by a trial court. The facts of a case are crucial because they help determine which law or laws are applicable in the case

Q135. laws (of a court case)

A135. The constitutional provisions, legislative statutes, or judicial precedents that apply to a court case

Q136. Laws governing relations between private parties where no criminal act is alleged and where the parties are making conflicting claims or are seeking to establish a legal relationship

A136. civil law

Q137. Laws governing acts deemed illegal and punishable by government, such as robbery. Government is always a participant in the case; the other party is the individual accused of breaking the law

A137. criminal law

Q138. procedural law

A138. Laws governing the legal process that define proper courses of action by government or private parties

Q139. The power of courts to decide whether a governmental institution has acted within its constitutional powers and, if not, to declare its actions null and void

A139. judicial review

Q140. The issue of the proper limits of judicial authority in a political system based in part on the principle of majority rule

A140. legitimacy (of judicial power)

Q141. The doctrine that the judiciary should closely follow the wording of the law, be highly respectful of precedent, and defer to the judgment of legislatures. The doctrine claims that the job of judges is to work within the confines of laws set down by tradition and lawmaking majorities

A141. judicial restraint

Q142. The issue of whether judicial decisions will be respected and obeyed

A142. compliance

Q143. The doctrine that the courts should develop new legal principles when judges see a compelling need, even if this action places them in conflict with the policy decisions of elected officials

A143. judicial activism

Q144. strict-constructionist approach

A144. The view that judges should decide cases strictly on the basis of the language of the laws and the Constitution

Q145. activist approach

A145. The view that judges should discern the general principles underlying laws or the Constitution and apply them to modern circumstances

Q146. constitutional court

A146. A federal court authorized by Article III of the Constitution that keeps judges in office during good behavior and prevents their salaries from being reduced. They are the Supreme Court (created by the Constitution) and appellate and district courts created by Congress

Q147. The lowest federal courts; federal trials can be held only here; original jurisdiction

A147. district courts

Q148. Federal courts that hear appeals from district courts; no trials

A148. courts of appeals

Q149. legislative courts

A149. Courts created by Congress for specialized purposes whose judges do not enjoy the protections of Article III of the Constitution. (e.g. Court of Military Appeals)

Q150. An examination of the political ideology of a nominated judge

A150. litmus test

Q151. federal-question cases

A151. Cases concerning the Constitution, federal laws, or treaties

Q152. diversity cases

A152. Cases involving citizens of different states who can bring suit in federal courts

Q153. in forma pauperis

A153. A method whereby a poor person can have his or her case heard in federal court without charge

Q154. fee shifting

A154. A rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins

Q155. Plaintiff v. Defendant

A155. Former brings some charge against the latter

Q156. The requirement that plaintiffs (party that initiates the lawsuit) have a serious interest in the case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from a party or an action of government

A156. standing to sue

Q157. sovereign immunity

A157. The rule that a citizen cannot sue the government without the government’s consent

Q158. A case brought by someone to help him or her and all others who are similarly situated

A158. class-action suit

Q159. Legal briefs submitted by a “friend of the court” (outside parties) for the purpose of raising additional points of view and presenting information not contained in the briefs of the formal parties. These briefs attempt to influence a court’s decision

A159. amicus curiae briefs

Q160. per curiam opinion

A160. A brief, unsigned court opinion

Q161. opinion of the court

A161. A signed opinion of a majority of the Supreme Court

Q162. “Let the decision stand” or allowing prior rulings to control the current case

A162. stare decisis

Q163. political question

A163. An issue the Supreme Court will allow the executive and legislative branches decide

Q164. remedy

A164. A judicial order enforcing a right or redressing a wrong

Q165. The pinnacle of the American judicial system. The Court ensures uniformity in interpreting national laws, resolves conflicts among states, and maintains national supremacy in law. It has both original jurisdiction and appellate jurisdiction, but unlike other federal courts, it controls its own agenda

A165. Supreme Court

Q166. original intent

A166. A view that the Constitution should be interpreted according to the original intent of the framers.

Q167. judicial implementation

A167. How and whether court decisions are translated into actual policy, affecting the behavior of others. The courts rely on other units of government to enforce their decisions