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Am Gov Final
Term | Definition |
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stare decisis | literally, "let the decision stand." The doctrine that a previous decision by a court applies as a precedent in similar cases until that decision is overruled. |
briefs | written documents in which attorneys explain, using case precedents, why the court should find in favor of their client |
judicial activism | judicial philosophy that posits that the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions |
judicial restraint | judicial philosophy whose adherents refuse to go beyond the clear words of the Constitution in interpreting the document's meaning |
judicial review | the power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional; the Supreme Court asserted this power in Marbury v. Madison. |
oral argument | the stage in Supreme Court procedure in which attorneys for both sides appear before the Court to present their positions and answer questions posed by justices |
executive order | a rule or regulation issued by the president that has the effect and formal status of legislation. |
Cabinet | the secretaries, or chief administrators, of the major departments of the federal government. Cabinet secretaries are appointed by the president with the consent of the Senate. |
pocket veto | a presidential veto that is automatically triggered if the president does not act on a given piece of legislation passed during the final 10 days of a legislative session. |
bicameral | having a legislative assembly composed of two chambers or houses; distinguished from unicameral. |
conference | a gathering of House Republicans every two years to elect their House leaders. Democrats call their gathering the caucus. |
logrolling | a legislative practice whereby agreements are made between legislators in voting for or against a bill; vote trading. |
select committee | (usually) temporary legislative committees set up to highlight or investigate a particular issue or address an issue not within the jurisdiction of existing committees. |
Speaker of the House | the chief presiding officer of the House of Representatives. The Speaker is the most important party and House leader, and can influence the legislative agenda, the fate of individual pieces of legislation, and members' positions within the House. |
gerrymandering | the apportionment of voters in districts in such a way as to give unfair advantage to one racial or ethnic group or political party. |
minority leader | the elected leader of the minority party in the House or Senate |
supremacy clause | Article VI (6) of the Constitution, which states that laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state or any subdivision. |
senatorial courtesy | the practice whereby the president, before formally nominating a person for a federal judgeship, seeks the indication that senators from the candidate's own state support the nomination. |
writ of certiorari | a decision of a least four of the nine Supreme Court justices to review a decision of a lower court; certiorari is Latin, meaning "to make more certain" |
criminal law | the branch of law that regulate the conduct of individuals, defines crimes, and specifies punishment for criminal acts. |
civil law | the branch of law that deals with disputes that do not involve criminal penalties. |
due process of law | the right of every citizen against arbitrary actions by national or state governments. |
delegated powers | constitutional powers that are assigned to one governmental agency but that are exercised by another agency with the express permission of the first. |
inherent powers | powers claimed by a president that are not expressed in the Constitution but are inferred from it. |
signing statement | announcements made by the president when signing bills into law, often presenting the president's interpretation of the law. |
executive agreement | an agreement, made between the president and another country, that has the force of a treaty but does not require the Senate's "advice and consent" |
filubuster | a tactic used by members of the Senate to prevent action on legislation they oppose by continuously holding the floor and speaking until the majority backs down. It requires a vote of three-fifths of the Senate to end a filibuster. |
cloture | a rule allowing a majority of two-thirds or three-fifths of the members of a legislative body to set a time limit on debate over a given bill. In the U.S. Senate, 60 senators (three-fifths) must agree in order to impose such a limit. |
party unity vote | a roll-call vote in the House or Senate in which at least 50 percent of the members of one party take a particular position and are opposed by at least 50 percent of the members of the other party. |
incumbency | holding a political office for which one is running. |
whips | part members in the House or Senate responsible for coordinating the party's legislative strategy, building support for key issues, and counting votes. |
redistricting | the process of redrawing election districts and redistributing legislative representatives. This happens every 10 years to reflect shifts in population or in response to legal challenges to existing districts. |
impeachment | the formal charges by the House of Representatives that a government official has committed "treason, bribery, or other high crimes and misdemeanors" |
amicus curiae | literally, "firend of the court"; individuals or groups who are not parties to a lawsuit but who seek to assist the Supreme Court in reaching a decision by presenting additional briefs. |
original jurisdiction | the authority to initially consider a case. |
writ of habeas corpus | a court order demanding that an individual in custody be brought into court and shown the cause for detention. |
per curiam | a brief usually rejecting a petition to review the decision of a lower court. |
War Powers Resolution | a resolution of Congress that the president can send troops into action abroad only by authorization of Congress, or if American troops are already under attack or serious threat. |
Kitchen Cabinet | an informal group of advisers to whom the president turns for counsel and guidance. Members of the official Cabinet may or may not also be members of the Kitchen Cabinet. |
apropriations | the amounts of money approved by Congress in statutes (bills) that each unit or agency of government can spend. |
constituency | the residents in the area from which an official is elected. |
patronage | the resources available to higher officials, usually opportunities to make partisan appointments to officers and to confer grants, licenses, or special favors to supporters. |
roll-call vote | a vote in which each legislator's yes or no vote is recorded as the clerk calls the names of the members alphabetically. |
joint committe | legislative committees formed of members for both the House and Senate. |
private bill | a proposal in Congress to provide a specific person with some kind of relief, such as a special exemption from immigration quotas. |
veto | the president's constitutional power to turn down acts of Congress. A presidential veto may be overridden by a two-thirds vote of each house of Congress. |
sociological representation | a type of representation in which representatives have the same racial, gender, ethnic, religious, or educational backgrounds as their constituents. |