Focus Questions

Do all of the factors that influence lawmakers and the legislative process conflict with the collective interests of the American people and our democracy?

Has the presidency as an institution become too powerful?

Has the federal government become "too big"?

Does the Supreme Court adhere to its original purpose, or does it, too, legislate?

Chapter 13 - CongressThe central purpose of this chapter is to describe the Framers’ understanding of the role of Congress and to describe the role and organization of Congress today. You should pay particular attention to the effects of organizational characteristics on the behavior of members of Congress and on the way that the House and the Senate perform their functions. After reading and reviewing the material in this chapter, you should be able to do each of the following:

1. Explain the differences between Congress and Parliament.

2. Delineate the role that the Framers expected Congress to play.

3. Pinpoint the significant eras in the evolution of Congress.

4. Describe the characteristics of members of Congress.

5. Discuss the relationship between ideology and civility in Congress in recent years.

6. Identify the factors that help to explain why a member of Congress votes as she or he does.

7. Outline the process for electing members of Congress.

8. Identify the functions of party affiliation in the organization of Congress.

9. Explain the effect of committee reform on the organization of Congress.

10. Describe the formal process by which a bill becomes a law.

11. Explain the ethical problems confronting Congress

Chapter 14The Presidency

This chapter introduces you to the institution that has become the hub of American government during its two centuries of history: the presidency. The chapter demonstrates that this institution is unique or at least significantly different from other positions of government leadership. It also surveys the changes that have occurred in the office from the original, limited position intended by the Founders, through historical evolution, and down to the office of the president as we know it today. After reading and reviewing the material in this chapter, you should be able to do each of the following:

1. Explain the differences between the positions of president and prime minister.

2. Discuss the approach of the Founders toward executive power.

3. Sketch the evolution of the presidency from1789 to the present.

4. List and describe the various offices that make up the office of the president.

5. Review discussions of presidential character and how these relate to the achievements in office of various presidents.

6. Enumerate and discuss the various facets—formal and informal—of presidential power.

Chapter 15The Bureaucracy

This chapter introduces you to what is big about big government: the bureaucracy. Both the distinctiveness and the size of the federal government bureaucracy are reviewed, along with the various roles that have been assigned to it throughout its history. Significant aspects of the bureaucracy today include the extent and character of its authority, how members are recruited, and other factors that help explain the conduct of bureaucrats in office. Finally, the chapter looks at the ways in which Congress attempts to control the behavior of bureaucrats and at various “pathologies” of various large bureaucracies. After reading and reviewing the material in this chapter, you should be able to do each of the following:

1. Compare and contrast the American and British models of government bureaucracy.

2. Sketch the history of the growth of bureaucracy in this country and the different uses to which it has been put.

3. Show how bureaucracy continues to grow today, although the number of persons directly employed by government has not greatly increased lately.

4. Discuss the recruitment, retention, and personal characteristics of federal bureaucrats.

5. Show how the roles and missions of the agencies are affected by both internal and external factors.

6. Review congressional measures to control the bureaucracy, and evaluate their effectiveness.

7. List the “pathologies” that may affect bureaucracies, and discuss whether they are relevant to the federal government bureaucracy today.

8. Discuss why it is so difficult to reform the bureaucracy

Chapter 16The Judiciary

This chapter introduces you to the final and perhaps most unusual branch of American government: the courts. The chapter explains how courts, particularly the Supreme Court, came to play a uniquely powerful role in forming public policy in this country and how that role has been played to very different effects at different stages of history. Other important considerations include how justices are selected, the jurisdictions of the various courts, and the steps that a case must go through on its way to Supreme Court review. The chapter concludes with an assessment of the power courts have in politics today, the limitations on that power, and why judicial activism seems to be on the increase. After reading and reviewing the material in this chapter, you should be able to do each of the following:

1. Explain what judicial review is, and trace its origin in this country to Marbury v. Madison.

2. List and comment on the three eras of varying Supreme Court influences on national policy from the days of slavery to the present.

3. Explain what is meant by a dual court system, and describe the effects it has on how cases are handled and appealed.

4. List the various steps that cases go through to be appealed to the Supreme Court, and explain the considerations involved at each level.

5. Discuss the dimensions of power exercised today by the Supreme Court and the opposing viewpoints on the desirability of activism by that court.

6. Develop arguments for and against an activist Supreme Court.

Unit IV: Institutions of American GovernmentPart A: Congress

IV.1Bicameral legislature- A lawmaking body made up of two chambers or parts.Bill- A formally proposed law in the House or Senate.Concurrent resolution- A resolution adopted by both houses of a bicameral legislature that does not have the

force of law and does not require the signature of the chief executive.Congress- Term referring to both the Senate and House of Representatives collectively or to just the House (i.e. "Congress and the Senate").Constituents- Voters represented by a particular representative or senator.     House of Representatives- half of the legislative branch of the United States government comprising

proportional representation per state based on population (total of 435 members); sometimes called the Lower House

Franking privilege- The right of members of Congress to send mail to their constituents at the government’s expense. Their signature is placed on the corner of envelope where the stamp would usually be placed.

Impeachment- Power reserved to the House of Representatives for the purpose of drawing up charges against a political figure.Iron triangle- A close relationship between a government agency, a congressional committee, and an interest group.Joint committee- a temporary committee on which both representatives and senators serve.Joint resolution- A formal expression of Congressional opinion that must be approved by both houses of

Congress and by the president. Joint resolutions proposing constitutional amendment do not need to be signed by the president.

Override- when the House and/or Senate votes to pass a bill over a president's veto; requires 2/3 vote in both houses.Private bill- A legislative bill that deals with specific, private, personal or local matter, like a bill pertaining to an individual becoming a naturalized citizen.Public bill- A legislative bill that deals with matters of general concern, like defense expenditures.Resolution- A formal motion that may or may not have legal binding adopted by the House or Senate, or both.Revenue bill- A bill concerning the raising or spending of money; all such bills must originate in the House of Representatives.Senate- Half of the legislative branch of the United States government comprising equal representation per state

(2 members per state, 100 total members).Simple resolution- A legislative proposal that does not require action from the president that is used by a single house to take action affecting its own procedure.

IV.2Amendment- A formal addition or change to a bill under consideration.Appropriations Bill- Any piece of legislation involving the funding of a particular program or government agency.Caucus- meeting or organization of particular members of a political party in the House or Senate (i.e.

Congressional Black Caucus or Congressional Progressive Caucus).Closed Rule- a rule set by the Rules Committee before a bill comes to the House of Representatives that states

that no additional amendments or substitutes to the bill may be offered from the floor. Committee Chair- The head of a committee appointed by the Speaker of the House (always of the majority party).Committee of the Whole- a parliamentary device in which the House of Representatives is considered one large congressional committee but only requires 100 members to be present. This allows bills and resolutions to be considered without adhering to the formal House rules requiring a quorum of 218. Most bills are considered by the Committee of the Whole before they go before the full House for debate and vote.Delegate (Representational) Model of Representation- A model of representative democracy in which the representative sees her or his role as carrying out the will of the people who elected her or him.Discharge petition- A device by which any member of the House, after a committee has had a bill for 30 days, may petition to have it brought to the floor. If a majority of members agree, the bill is discharged for the committee.Earmarks-  A legislative provision that directs approved funds to be spend on certain projects, or that directs specific exemptions from taxes or mandated fees.Hopper- A box in which a bill to be considered by the legislation is dropped.House Appropriations Committee- Powerful House standing committee that oversees the allocation of funds

to government agencies and programs.House resolution- A formal motion or bill adopted by the House of Representatives.House Rules Committee- A special standing committee of the House of Representative that has the authority

to establish rules or methods for expediting legislative action, usually determining the date a bill is presented for consideration.

House Ways and Means Committee- Considered to be the most powerful standing committee of the House of Representatives; makes recommendations to the House on all bills that would raise revenue.

Germane amendments- Changes to bills on the floor of the House that must relate directly to the bill being considered. Non-germane amendments are typically not permitted in the House.Majority leader- The legislative leader elected by party members holding a majority of seats in the House of

Representatives or Senate.Marginal seat- A seat in the House of Representatives that is not considered to be safe for the incumbent in the

next election (swing seat).Minority leader- A legislative leader elected by party members holding a minority of seats in the House of

Representatives or the Senate. Motion to Recommit (with or without instructions)- A formal motion in the House to send a bill back to

committee. With instructions means that the committee must reconsider the bill under a new set of guidelines. Without instructions means the committee can reconsider the bill under any circumstances.

Multiple referrals- A congressional process in which a bill may be referred to several committees that consider it simultaneously in whole or in part.

Open Rule- An order from the House Rules Committee that permits a bill to be amended on the floor.Oversight- Review, monitoring, and supervision of federal agencies, programs, activities, and policy

implantation by Congress. This includes authorization, appropriations, investigative, and legislative hearing by standing committees, specialized investigations by select committees, and reviews and studies by congressional support agencies and staff.

Party caucus- A closed meeting of the members of one party in a legislative chamber to coordinate policy, choose candidates, etc. Politico (Attitudinal) Model of Representation- A model of representative democracy in which the

representative sees her or his role as making the best determination as to whether to vote in the best interests of her or his district or the country as a whole (mix of delegate and trustee models).

Quorum- The minimum number of members required to be in attendance for Congress to conduct official business.

Quorum call- Procedure used to summon absent members of a legislative body if a quorum is not present.Ranking member- most senior member of a committee from the minority party.Restrictive rule- 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.Rider- An additional provision annexed to a bill under the consideration of a legislature, having little to do with

the subject matter of the bill.Roll call vote- A congressional voting procedure that where members answer with “yea” or “nay” to their names.Safe seat (or district)- Districts in which incumbents win by a margin of 55% or more.Select committee-A committee of the legislative body that is formed to examine and report on a specific bill or issue.Seniority- Precedence of position, especially over others of the same rank, by having a longer span of service.Sequential referral- A congressional process by which a Speaker may send a bill to a second committee after the first is finished acting.Standing committee- Committee that has continued to exist and is not related to the accomplishment of a

specific, once-only task. Its members and chairman can change and it can be reconstituted annually in accordance with the rules, but it administers a continuous responsibility.

Speaker of the House- The presiding office of the House of Representatives that runs the proceedings of House debate and voting, appoints committee members, refers bills to committees for research and development, and has an influential voice in all stages of a bill’s consideration.

Subcommittee- A subdivision of a House or Senate committee that considers specified matters and reports back to the full committee.

Trustee Model of Representation- A model of representative democracy where the representative is trusted to make the right decision on behalf of the people.

Voice vote- A voting method used by the legislature in which a vote is taken on a topic or motion by responding verbally by “aye” or “no.”Whip- An official in a political party whose job it is to make sure that other members go to a particular debate and that they vote in the correct way.

IV.3Conference committee- A joint committee of a bicameral legislature, which is appointed by and consists of

members of both chambers to resolve disagreements on a particular bill.Non-germane amendments- formal changes to a bill that do not have any direct relation to the subject of the

bill itself. The Senate permits such amendments.President of the Senate- Official constitutional role of the vice-president of the United States. Rarely does the vice-president actually preside of the Senate. Instead, the role usually played by the President Pro-Tempore, who also often delegates the responsibility.President Pro-Tempore- A constitutionally recognized officer of the Senate who presides over the chamber in absence of the normal presiding officer. “Pro tempore” is Latin for “for the time being.”Seventeenth Amendment- Amendment to the Constitution ratified in 1913 that allows for the direct election of senators by the people of their respective states.

IV.4Cloture- Procedure in which debate is ended and immediate vote is taken on the matter. To succeed in ending

debate (filibuster), a 3/5 majority (60 senators) must vote in favor of cloture).Double tracking- A procedure to keep the Senate going during a filibuster, whereby disputed bill is temporarily shelved so that the Senate can go on with other business.Filibuster (Senate Rule 22)- An attempt to defeat a bill in the Senate by talking indefinitely, preventing the Senate from taking action on the bill.Hold- An informal practice by which a Senator informs his or her floor leader that he or she does not wish a particular bill or other measure to reach the floor for consideration. The Majority Leader does not have to grant their wish. However, it is on notice that the opposing Senator may filibuster any motion to proceed to consider the measure.

IV.5Earmarks-  a legislative provision that directs approved funds to be spend on certain projects in a representative's home district or a senator's home state.Gridlock- refers to the difficulty of passing laws due to a split or evenly divided Congress.Line-item veto- when the chief executive (the President or a governor) can veto only certain provisions, or lines, of a bill before it becomes law. Currently, the President of the United States does not have the power of a line-item veto and therefore must sign or veto legislation in full.Logrolling- a legislator supports a proposal favored by another in return for their support.Party polarization- A vote in which a majority of Democratic legislators oppose a majority of Republican

legislators.Pigeonholing- a method of killing a bill by a committee chair by simply refusing to assign or hold hearings or

debate on a bill.Pork-barrel spending- a derogatory term for earmarks used to cast politicians who advocate or secure earmarks as wasteful spenders.Term limits- legal limits of how many total terms of office can be held by one individual. 

Part B: The PresidencyIV.6

Bully pulpit- A position of authority or public visibility that makes one’s views known or rallies support.

Clemency- general term for the president's power to grant forgiveness for a crime in whole or in part. Pardons and reprieves are two types of clemency.

Commander-in-Chief- Express role of the president to serve as head of the armed forces.

Executive agreement- agreement made by the President of the United States and another foreign head of state that does not require a formal treaty and is not subject to Senate approval. This is an inherent power of the president in conducting foreign relations.

Executive order- directive issued by the president to one or more agency or organization within the executive branch. This is an inherent power of the president that allows him or her to, as the Constitution directs, "take care that the laws be faithfully executed" (Article II, Section 3).

Executive privilege- The right of the president to withhold certain information from Congress or the courts.

Express (formal) powers- specific powers granted to the president by the Constitution.

Implied (informal) powers- powers not specifically given the president by the Constitution but have been traditionally exercised.

Inherent powers- specific powers needed to carry out the express duties of the president.

pardon- express power of the president to forgive individuals of federal crimes resulting in the release from prison or punishment.

pocket veto- occurs when the president does not sign a bill into law within 10 days of arriving on his desk and if Congress has officially adjourned (but not simply recessed).

Policy agenda- A set of policies or issues or underlying motives to be addressed by a political party, group, or individual. The President of the United States drives (or sets) the policy agenda for the White House and his party in Congress.

POTUS- acronym for President of the United States.

Presidential coattails- when a popular president can help members of her or his party win an election or pass legislation because of that popularity (i.e. "riding the President's coattails" to victory).

Presidential Succession Act of 1947- law that set the line of presidential succession if neither the president nor vice-president could no longer serve; behind the vice-president is the Speaker of the House, followed by the President Pro-Tempore of the Senate.

Reprieve- Constitutionally provided power of the president to postpone a person's punishment for a federal crime.

Signing statement- An addition issued by the President that accompanies the signing of a law. These are often controversial because their legal status remains uncertain.

Twenty-second Amendment- Constitutional amendment that limits the number of full terms a president can serve to two.

Twenty-fifth Amendment- Constitutional amendment that clearly defines that the vice-president becomes president (not just an acting president) in the event of the death or incapacitation of the President of the United States. The amendment also allows for the president to sign over her or his duties to the vice-president if (s)he will be unable to temporarily discharge her or his duties.

Veto- The power of one branch of the government to refuse approval of measures proposed by another.

Veto message- An official order that stops something from occurring that would otherwise happen (such as the President’s or governor’s right to stop something from being passed into law).

IV.7Review checks and balances, formal check, informal check, and NGOs from previous units.Fourth branch of government- term sometimes made in reference to the mass media in relation to its capacity as a check on government power (also is a term referring to the bureaucracy, but that does not apply here).

IV.8War-making powers- refers to the power of the president to use the military to engage in acts of warWar Powers Act (or Resolution) of 1973- federal law passed after the Vietnam War attempting to limit presidential war-making powers by requiring more consultation with and oversight by Congress.

IV.9Review formal powers and informal powers from previous units.Chief executive- formal Constitutional role of the president as head and chief administrator of the executive branch.

IV.10Ad hoc model- (meaning “for this purpose” in Latin) Model of office organization in the White House where subordinates, cabinet officers, and committees report directly to the president on different matters.Cabinet- A board to advise the President composed of the most senior appointed officers of the executive branch.Chief of staff- The highest ranking employee of the White House Office inside the Executive Office of the President and an assistant to the president. No one sees the president without going through the White House Chief of Staff. Circular (hub and spokes) model- A method of organizing the president’s staff in which several presidential assistants report directly to the president.Executive Office of the President- Those who work directly for the President of the United States and overseen by the White House Chief of Staff.Office (or Council) of Economic Advisors- agency within the Executive Office of the President that advises the president on economic policy. Office of Management and Budget (OMB)- a cabinet-level office and the largest office in the Executive Office of the President that assists the president in preparing and administering the federal budget.National security advisor- serves as chief advisor to the president on issues of national security. National Security Council- the principle forum used by the president to consider issues and policy within the realm of national security; the Council comprises the president, vice-president, chief of staff, national security advisor, the Secretary of State, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff (military head of all armed forces).Press secretary- senior advisor to the president who provides advice on dealing with the media and formulating the president's message to the country; also is the mouthpiece of the president and the White House.

Pyramid structure- A structure in which the president’s subordinates report to him through a clear chain of command headed by a chief of staff.United States Ambassador to the United Nations- Presidentially-appointed and approved by the Senate, this person represents the United States in the UN and follows the direction of the President of the United States.West Wing- location of the offices, including the president's Oval Office, in the White HouseWhite House Counsel- appointee of the president to provide advice on all legal issues concerning the president, the White House, and policy.

IV.11"Advice and consent"- role of the United States Senate in relation to presidential appointments (i.e. cabinet posts or federal judges) and foreign policy agreements (i.e. treaties)Confirmation process- process in the Senate by which presidential appointments are approved or rejected, first in committee then before the full Senate.Line of succession- refers to the order in which the president is succeeded in office if (s)he were to no longer be able to discharge her or his duties.Recess appointment- when the president appointments a judge, ambassador, or cabinet member while Congress is out of session (in recess). That individual remains at that post until the Senate is out of recess and can consider the appointment.patronage- when the president or member of Congress appoints an a political ally or supporter to a position of power.

IV.12Censure- an option for punishment after findings of wrong-doing of members of the United States government, including following a conviction in impeachment proceedings. Censure consists of a public reprimand, an embarrassing prospect for any politician.House managers- Members of the House Judiciary Committee who oversee the prosecution for an impeachment trial in the Senate.Impeachment- A process that is used to charge, try, and remove public officials for misconduct while in office. Impeachment begins in the House of Representatives. If articles of impeachment are passed by a simple majority (218 of the 435) in the House, the trial takes place in the Senate. The vote to

convict in the Senate must also be 2/3, or 67 of the 100 members.Lame duck- When an elected official is approaching the end of his or her tenure and/or when an official’s

successor has already been elected.

Part C: The Bureaucracy

IV.13Bureaucracy- A large, complex organization composed of appointed officials.Bureaucrat- An individual who works within the federal bureaucracy.Civil service- A branch of governmental service in which employees are hired based on merit and proven qualifications

by examination. Most federal employees are civil service employees.Civil service examination- an examination of all prospective applicants for jobs in the federal government must take and

pass before being considered.Competitive service- Requirement that applicants for civil service jobs must compete with others based on the merit

system (rather than patronage). Most federal civil service jobs fall under this category. Discretionary authority- The extent to which appointed bureaucrats can choose courses of action and make policies that

are not spelled out in advance by laws.Federal bureaucracy- Extension of the executive branch comprising all executive departments and independent

regulatory agencies.Independent regulatory agencies- a government agency independent of any branch of government responsible for

exercising authority, granted by law, over some area of human activity.Red tape- The collection or sequence of forms and procedures required to gain bureaucratic approve for something,

especially when it is oppressively complex and time consuming.

IV.14Department of Homeland Security- The newest executive, cabinet-level department (2002), charged with overseeing

American domestic security and that in U.S. territories. Freedom of Information Act (FOIA)- Federal information law enacted in 1966 that allows for the full or partial

disclosure of previously unreleased or classified documents controlled by the United States government. Any American citizen has the right to petition for the release of documents under the FOIA, though the government is not obligated to do so.

Hatch Act- 1939 law that prohibits any public employee of the executive branch, except the president and vice-president, from engaging in partisan political activities, namely campaigning on behalf of or endorsing political candidates.

Merit System- Opposite of the spoils system or patronage; requires prospective employees to compete for jobs based on their qualifications, or merit.

National Performance Review- Now also known as the National Partnership for Reinventing Government: a major Clinton Administration initiative designed to streamline the federal bureaucracy, cut wasteful spending, and make government more efficient.

Office of Personnel Management- Independent federal agency that oversees and manages the federal civil service.Pendleton Act- 1883 law that first required that federal jobs be awarded based on merit.Regulations- Administrative legislation that supports or constrains rights and allocates responsibilities, usually overseen

by an executive cabinet level department or an independent regulatory agency.Revolving door- Refers to the common practice of shuffling former federal employees or officials, including politicians,

into jobs as lobbyists, consultants, and strategists, and vice-versa. Whistleblower Protection Act- 1989 law that protects federal employees from being punished for reporting

government/agency misconduct.

IV.15

Issue network- A network of people in Washington, D.C. comprising interest groups,  congressional staff, universities and think tanks, and the mass media, who regularly discuss and advocate public policies.

Open Meeting Law (1976)-  law requiring that all government agency meetings be open to the public unless issues such as military or trade secrets are to be discussed.

Appropriation- A legislative act authorizing the expenditure of a designated amount of public funds for a specific purpose, usually going to a federal agency to fund a specific program.

Authorization legislation- Legislative permission to begin or continue a government program or agency.Committee clearance- The ability of a congressional committee to review and approve certain agency decisions in advance and without passing a law.Competitive service- The government offices to which people are appointed on the basis of merit, as ascertained by a written exam or by applying certain selection criteria.Discretionary authority- The extent to which appointed bureaucrats can choose courses of action and make policies that are not spelled out in advance by laws.Name-request job- A job that is filled by a person whom an agency has already identified.Nepotism- The practice among those with power of influence of favoring relatives or friends, especially giving them jobs.Proxy government- Federal government pays state and local governments and private groups to staff and administer federal programs.Trust funds- Funds for government programs that are collected and spent outside the regular government budget.

Part D: The Judiciary

IV.16

Appellate courts- A court whose jurisdiction is to review decisions of lower courts or agencies.Appellate jurisdiction- The power of a higher court to review and revise a lower court’s decision.Bankruptcy Court- Special courts in each of the 94 federal districts that oversee bankruptcy cases.Brief- Document stating the facts and points of law of a particular case.Circuit Court of Appeals- Courts created to have appellate jurisdiction over federal district courts and state supreme courts. There are 12 circuit courts in the US and each comprise a panel of judges to review and rule on a case heard in the aforementioned courts.Civil cases (suits)- Court dispute under tort (civil) law between two or more parties.Common law- A system of law that is derived from judges' decisions rather than statutes or constitutions.Constitutional court- Courts that exercise judicial power granted by the Constitution. The three constitutional courts are the federal district courts, the federal appellate courts (courts of appeals), and the United States Supreme Court.Court of Claims- Special legislative court where individuals can sue the government with congressional approval.Court of Military Appeals- Legislative court that reviews disputed military court martial cases. Criminal cases- Legal action carried out by the government (local, state, or federal) against one or more individuals for violating criminal law. Federal District Courts- Lowest level of constitutional federal courts that have original jurisdiction over most cases, criminal and civil. There are 94 district courts in the U.S.Federal Tax Court- Legislative court established to oversee cases involving disputes over federal income and other taxes.Judicial review- The power of courts to declare laws unconstitutional.Jurisdiction- Official power to make legal judgments and decisions in a particular case.Legislative courts- Courts created by Congress for specialized purposes whose judges do not enjoy the protections of Article III of the Constitution.Original jurisdiction- Applies to the first courts to hear a specific case (as opposed to appellate - or appeals – jurisdiction).Senatorial courtesy- A custom in which the President consults with Senators from the state in which a judicial nominee will occupy the bench.Solicitor General- Second-highest ranking officer of the Justice Department who represents the federal government in cases before the Supreme Court.United States Supreme Court- Highest court in the land that has appellate jurisdiction over state and federal cases and original jurisdiction over cases where the U.S. is a party and those involving ambassadors, consuls, and public ministers.Territorial courts- Courts that act as district courts in U.S. territories.

IV.17

Review amicus curiae brief, appellate jurisdiction, checks and balances, original jurisdiction, and separation of powers from the previous lessons in this and other units.

Cert Petition- A formal request by one or more parties in a legal case for a the Supreme Court to grant a writ of certiorari, or to agree to hear the appeal.Concurring opinion- A signed opinion that agrees with the majority’s view of the case but is written to express a particular judge’s reasoning. Dissenting opinion- signed opinion in which one or more justices disagree with the majority view of the case.Diversity cases- Cases involving citizens of different states who can bring suit in federal courts.Federal question cases- Cases concerning the Constitution, federal laws, or treaties.Judicial review- Legal concept established in Marbury v. Madison that allows the Supreme Court to rule on the constitutionality of laws and actions taken by the legislative and executive branches.Majority opinion- Judicial opinion agreed upon by more than half of the deciding court.Marbury v. Madison (1807)- Landmark Supreme Court case under Chief Justice John Marshall ruling that the Supreme Court has the constitutional authority of judicial review, or the right to review (and invalidate) actions by the legislative and executive branches.per curiam decision- Ruling by an appellate court where the written opinion of the court is kept anonymous (the author of the opinion is not revealed). Remand- When a higher court sends a case back to a lower court so that the lower court will take a certain action ordered by a higher court.Remedy- A judicial order enforcing a right or redressing a wrong.Rule of four- A rule in the Supreme Court under which a petition for certiorari will be granted and the case in question reviewed if four of the nine justices agree on to do so.SCOTUS- Acronym for the Supreme Court of the United States.Standing- The legally protectible stake or interest that an individual has in a dispute that entitles him to bring the controversy before the court to obtain judicial relief.Unanimous opinion- Ruling of the Supreme Court where all justices are in agreement and one opinion is written.Writ of Certiorari- An order by a higher court directing a lower court to send up a case for review.

IV.18

Review "advice and consent" and senatorial courtesy from the previous lessons in this unit.American Bar Association (ABA)- association of lawyers and law students with whom political leaders often confer regarding judicial nominees.Litmus test- An examination of the political ideology of a nominated judge.Swing vote- refers to an individual whose vote is not easily predicted and could go either way.

IV.19

Doctrine of Political Question- the holding that federal courts should not hear cases which deal directly with issues that Constitution makes the sole responsibility of the other branches of government.Judicial activism- An interpretation of the Constitution that states that the spirit of the times and the needs of the nation can legitimately influence judicial decisions.Judicial philosophy- A set of ideas and beliefs that dictate how justices and judges of the United States federal courts may rule in many cases.Judicial restraint- The view that judges should decide cases strictly on the basis of the language of the laws and the Constitution.Loose constructionist- One favoring a more liberal interpretation of the Constitution of the to give broader powers to the federal government to meet the needs and demands of the time.Precedent- Any legal decision that serves as a guide for subsequent cases of a similar nature. Stare Decisis- (Meaning “Let the decision stand” in Latin) Allowing prior rulings to control the current case.Strict constructionist- One favoring a more conservative interpretation of the Constitution that attempts to keep it more in line with the original intent of the founders, regardless of the needs and demands of the time.