Section I: the Courts

Section I: The Courts

Directions: Define the following terms and explain when and how they are utilized by the court.

1.  Writ of Certiorari

2.  Stare Decisis

3.  Amicus Curiae

4.  Majority Opinion

5.  Dissenting Opinion

6.  Concurring Opinion

7.  Writ of Mandamus

8.  Ex Post Facto Laws

9.  Precedent

Directions: For the following, answer in complete sentences and as specifically as possible.

10.  What are the major differences between district courts and appeals courts?

11.  What were the most important characteristics of the Warren Court?

12.  Define and expand on the differences between: common law, statutory law, civil law, constitutional law, criminal law, and administrative law.

13.  Distinguish between original and appellate jurisdictions of the federal courts.

14.  Describe the debate between justices who believe in judicial restraint (original intent) and justices who favor judicial activism (contemporary ratification). Are these views consistently upheld?

15.  Explain the process by which a case reaches the Supreme Court and is decided.

16.  Explain the relationship between the Supreme Court and public opinion.

17.  What is judicial review? Where did it come from?

18.  What is the “term length” for Federal judges? Why?

19.  How might judges be selected at state and local levels?

20.  What would the term “intentional ambiguity” (in a law) mean?

21.  Which kinds of issues has the Court avoided?

22.  How can the Court act as a defender of minority rights when the legislative branch has failed? Cite specific examples.

Part II: Congress

Directions: Define and discuss the impact each of the following terms has on the legislative process.

1.  Open Rule

2.  Closed Rule

3.  Unanimous Consent Agreements

4.  Discharge Petition

5.  President Pro Tempore

6.  Senatorial Courtesy

7.  Franking Privilege

8.  Pork Barrel Legislation

9.  Unfunded Mandate

10.  Log Rolling

11.  Supermajority

12.  House Rules Committee

13.  Ways and Means Committee

Directions: For the following, answer in complete sentences and as specifically as possible.

14.  What is a veto override and what is required for it? List three instances it has been utilized.

15.  List the responsibilities of each of the following and describe their impact on the legislative process: majority leader, minority leader, whips.

16.  Define, and expand on when each of the following are important: standing committees, select committees, conference committees, and joint committees.

17.  How is the Speaker of the House chosen? Characteristics or powers of the office?

18.  What are the formal requirements to be elected to the House of Representatives?

19.  What are the formal requirements to be elected to the Senate?

20.  How many members are in each house?

21.  To what term lengths are they each elected?

22.  Which bills are, by tradition, introduced in the House?

23.  How many Senate votes are needed to end a filibuster? What is the process called?

24.  What goes on in committees and why are they important in determining the success or failure of a bill?

25.  What are the strongest influences on selection to congressional committees?

26.  How are committee chairs chosen?

27.  Define impeachment and describe how this may occur. Which presidents have been impeached? Who else can be impeached?

28.  How many Senators are necessary to convict in a Senate impeachment trial?

29.  Which branch of Congress has the power to confirm presidential nominations? Name at least three that were NOT approved.

30.  Differentiate between the role of trustee and the role of delegate for members of Congress.

31.  Discuss the constitutionality of the legislative veto, impoundment, term limits, and the line item veto.

Part III: The Executive

Directions: Define and describe the significance of each of the following.

1.  Article II of the Constitution

2.  Curtiss v. Wright

3.  Executive Office of the President

4.  National Security Council

5.  Executive Privilege

6.  Executive Order

7.  War Powers

Directions: For the following, answer in complete sentences and as specifically as possible.

8.  Describe the seven different “hats” the President may wear during office and list three examples of a President wearing one: Chief Executive, Commander in Chief, Head of State, Director of Foreign Policy, Head of Party, Economic Guardian, and Legislative Leader.

9.  Are these hats mutually exclusive?

10.  How does the President influence the fiscal budget?

11.  What are the formal requirements to be elected President?

12.  Discuss the differences of constituency between the President, House and Senate. How does this affect the way elections are conducted and what issues are salient?

13.  List three factors that have strengthened the Presidency in recent years.

14.  Explain how each of the following holds the President accountable: reelection and legacy, Congress, the Supreme Court, the Media, public opinion.

Part IV: The Bureaucracy

Directions: Define and explain the significance of each of the following.

1.  Office of Management and Budget (OMB)

2.  Federal Deposit Insurance Corporation (FDIC)

3.  General Services Administration (GSA)

4.  Office of Personnel Management (OPM)

5.  Federal Reserve Board (FRB)

6.  Pendleton Act

7.  Hatch Act

8.  The New Hatch Act

Directions: For the following, answer in complete sentences and as specifically as possible.

9.  Describe how the spoils/patronage system evolved into the merit/civil service system.

10.  What is a “whistle blower,” and do such individuals serve an important bureaucratic function in your view? How are these individuals treated by the bureaucracy, the media, and the public? Use specific examples.

11.  Give an example and explain the duties of the following bureaucratic organizations: A cabinet department, a bureau, a government corporation, an independent agency, an independent regulatory board.

12.  Explain how both the President and the Congress hold the bureaucracy accountable. What effect does this duel accountability have on bureaucratic policy?