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| stare decisis | let the decision stand or allowing prior rulings to control the current case. It is the principle of precedent a court case today should be settled in accordence with prior decisions similer cases. Lawyers are especially gifted at finding ways of showing that cases are different in some relevent way. There are two reasons why the presidnet is important. If the meaning of the law continually changes if the decisions of jusdges become wholly unpredictable, then human affaires affected by those laws and decisions become chactic. If the principle of equal justice means anything it means that similer cses shared be decided in a similer manner. |
| Political question | An issue the surpreme court will allow the excuative and legislative branches decide. It is a matter that the consitution left entirely to another branch of government. In this case, Congress to decide for itself. Then in 1962 the court decided that it was a compoent after all to handle this matter, and the notion of a political question became a much less important but by no means absent barrier to judical power. |
| per curian opinion | a brief unsigned court opinion. Sometimes it is quiet long and signed by the jsutiees agreeing with it. If the cheif jsutice is in the majority, he will either write theopinion or assige the task to a jsutice who agree with him. If he is in the minority, the senior justice on the winning side will decide who writes the court's opinion. |
| Curtiss Writght Export Corp. v. U.S. decision 1936 | American Forign policy is vested entirely in teh federal government where the President has plenary power. |
| Karanatsu V. U.S. 1944 | sending Japanese American to relocation centers during World War IIwas based on an acceptable military justification. |
| Youngstown Sheet and Tube Co. V. Sawyer 1952 | The Presidnet amy not seize factories during wartime without explicit Congressional authority even when they are threatend by a strike. |
| The War Powers Act 1973 | passed in 1973 over a Presidentail veto, this law placed the following restrictions on the President's ability to use military force. He must report in writing to Congress within forty eight hours after he intorduces U.S. troops into areas where hostilities have occurred or are imminent. LOOK IN BOOK PAGE 531-532. |
| The Budget Reform Act of 1974 | Requires the President to spend all appropriated funds unless he tells Congress what funds he wishes not to spend and tell Congress withing forty five days agrees to delete the items. If he wishes simiply to delay spending the money, he needs inform Congress, but Congress then can refuse the delay by passing a resolution requiring immidiate releasee of the money. |
| An Open rule | An order from the House Rules Committee that permits a bill to be amneded on teh floor |
| A close rule | Sets a stricit time limit on a debate and forbids the intorduction of any ammendments from the floor, or forbids amendments except those affected by teh sponmsering committee. |
| discharge pentention | Must be signed by U.S. mmebrs; if the petition is to be approved by a vote of the House, the bill comes before it directly. In the Senate a member can move to discharge a committe of any bill, and if the motion passes, the bill comes before the Senate. |
| Restrictive Rule | An order from the Houses Rules committe that permits certain kinds of amendments but not others to be made into a bill on the floor. |
| double tracking | a precedure to kee[ the Senate going during the fillbuster in which the disputed bill is shelved temporiarly so that the Senate can get on with other buisiness. This permits the Senate to disciss and vote on matters other than teh bill that is being filibustered, it is less costly to individual senators to stage a filibuster. |
| Cloture rule | A rule used by teh Senate to end or limit debate. It requires that sixty senators sign a petetion to move to cloture. The motion is voted on two days after the petetion is introduced; to pass three fifthes of the entire Senate membership. Sixty Senators if there are no vacancies senator is thereafter limited to one hour of debate, on the bill under the consittution. The total debate, including rolls calls and intordution of amendments, can not exceed 100 hours. |
| Simple Resolution | An expression of opinion either in the House or Senate to settle precedural amtters in either body. |
| Conference committe | A joint Committtee appointed to resolve differences in teh SEnate and House hearnings of the Same bill, before the final oassage/ |
| Squentail referral | A Congressional process by which a speaker may send the bill to a second committee after the first is finished acting. He or she may refer to parts of the to seperate committees. This does not slow down the pace of the legislative activity in Congress. |
| National Security Council (NSC). | A committee created by a statue and chaired by the President, whose memebrs include by law the vice president and the secretaries of state abd defense, by costom the director of the national security council and defense, by the costom director of the national intellegences. |
| World views | A comprehensive opinion of how the United States should respond to world problems. Some social scientists put it as paragrams more or less comprehensive mental pictures of the critical problems facing the United States in the world and of the appropriate and inappropriate ways of responding to these problems. An example of this is and most consice and most finfluenctila statement of one world view that held sway for many yeas was in an article published in 1947 in forign Affaires titled the Sources of Soviet conduct. writitten by Mr. X later know as George F. Kenna Ambassordor to Moscow. |
| Containment or Antiappreasemet | Paradiogram was the result of World War II. Pearl Harbor was the death knell for isolationism. The belif that the United States should resist the expansion of agressive nations, especially the former Soviet Union. |
| Disengagment or Vietnam | View reesulted from the experience of the younger forign policy elite that came to power in 1970's. The belief that the United States was harmed by its War in Vietnam and so should avoid supposedly similer events. LOOK AT BOOK P. 539. |
| Legislative court | Courts created by Congress for specilized purposes whose judges do not enjkoy the protections of article III of the Constitution. |
| Constitutional court | A federal court authorized by Article IIIof the Constitution that keeps judges in office during the good behavior and prevents their slaries from being reduced. They are the Surpreme Court created by the Constitution, the appelet and district courts which are created by Congress. |
| Isolationism | The opinion that the United Staes should with draw from world affairs. Thiswas the view adopted as a result of our unhappy experience in Woel War I.Our efforst to help Eropean allieshad turned sour. thounsands of troops had been killed in a war that had seemd to acomplish little and certainnally had not made the world in Wooddeaw Wilson words " a safe place fo democracy." |
| Human rights | the view that we should try to improve the lives of people ion other countries. Liberal suporters of U.S. air attacks on Siberian forces believed that we were helping Albanians escape mass killing. By contract, many conservitive members of Congress who had followed a containment policy in the Gulf War now felt that diengagnment ought to be followed in Kosovo. |
