AP Gov Unit 2: Interactions Among the Branches

what are the 5 things congress does?

1\.appropriate money (power of the purse)

2\.make laws

3\.have oversight (hearings and investigation)

4\.impeach and remove officials

5\.approve appointments (senate)

the house

\-initiates revenue bills

\-brings charges of impeachment against the president and all civil officers

\-chooses the president when the electoral college does not (no majority)

the senate

\-ratifies treaties negotiated by the president (2/3)

\-possesses the sole power to try or judge impeachment cases

\-confirms judicial appointments

\-confirms executive appointments

determining apportionment of the house

\-census (every 10 years)

\-reapportionment (divide the 435 seats between the states - every state gets one and the rest are distributed by population)

\-redistricting

\-gerrymandering

redistricting

\-the states draw the new lines for districts

\-lines must be equal in population

gerrymandering

strategic redistricting to benefit a group (political party, incumbent, racial gerrymandering)

incumbency

* incumbents win elections

\-90% of house incumbents win re-election

\-75% of senate incumbents win re-election
* why do they win

\-raise more money

\-visibility - people know who they are and their record

\-they serve constituents with casework and pork barrel

\-the franking privilege

\-gerrymandered safe districts
* consequences of the incumbency advantage

\-leadership positions are not often transferred to new people

\-too close of ties with interest groups and big money

\-no incentive to fix flawed campaign laws because incumbents benefit

majority party has advantage of

\-holds committee chairs

\-chooses the speaker of the house

\-assigns bills to committees

\-hold the majority on each committee

\-controls the house rules committee

\-it sets the legislative agenda

house is much more formal than the senate

the senate has the filibuster - house is limited on debate

\-germaneness rule in the house - all amendments to bills must be relevant

\-house has a rules committee to create formal rules for hearing bills

select committe

\-temporary

\-set up to investigate specific issues for a limited amount of time

\- no legislative authority

joint committee

\-composed of members of both houses

\-deal with issues of interest of both houses rather than consider legislation

\-limited jurisdiction

conference committee

\
\-both houses have passed a different version of the same bill

\-if formed to achieve an agreement between both the house and the senate on the exact wording of the bill

\-temporary

\
house rules committee

\-unique powerful position (gatekeeper power)

\-determines the terms on which legislation will reach the floor

\-sets the time limit of the debate time for a bill

\-decides whether and how a bill may be amended

\-makes the rules

house ways and means committee

\-drafts tax legislation

\-jurisdiction over all taxation, tariffs, and other revenue raising measures

\-members cannot serve on other committees

senate judiciary committee

\-conducts hearing prior to the senate to vote on whether or not to confirm prospective federal judge nominee by president

\-provides oversight of the department of justices and all the agencies under the department of justice

bill passage system: vital part

\-in the legislative process, both in state legislatures and US congress, the committee system is very important

\-when a bill is introduced in a legislature, it is referred to a committee of that house, where the members of that committee and sub-committees working under it will consider the bill and what action to take on it

\-names of committees indicate the type of legislation each committee deals with

bill passage system: each committee

\-each committee will hold public hearings on a bill that has been referred to it, will consider amendments to the bill, and ultimately will decide whether to recommend to the house/senate, that member votes “yes” or “no” on the bill, or the committee may stall action on the bill

\-house and senate will follow the recommendations of their committees in a very large percentage of votes on the bills

\-no one member of congress can be thoroughly acquainted with all the details of every bill the they vote upon, and they will rely upon recommendations made by the committees mostly

\-they will also spend a high proportion of their working hours on committee business

bill passage system: each house

\-each house of congress must have a majority of members present to conduct official business: called a quorum

\-majority of members can be on the floor of house/senate but when a vote is to be taken or an important debate occurs, then a majority will be on the floor

\-when a bill is being voted upon in either house of congress a majority of “yes” votes out of all the votes being cast are required to pass the bill

bill passage system: bill must be passed

\-bill must be passed in identical form by a majority in each house, then it is sent to president

\-if he signs the bill it will become a law

\-if he exercises his right to veto the bill, he refuses to sign it, hives his reasons, and sends it back to the house it was first introduced in

\-congress has the power to override a presidential veto if they can collect 2/3 votes in each house, but this is extremely hard to do

\-if the president neither signs or vetoes the bill within 10 days after he receives it one of two things can happen, depending on if congress is still in session at the end of the 10 days

bill passage system: if congress is still in session

\-if congress is still in session the bill will become a law without the president’s signature

\-if congress has adjourned during the 10 days the bill will not become a law

\-the next situation is a “pocket veto” because the president puts the bill in his pocket and ignores it

\-theory behind the pocket veto is the president should have 10 days to decide whether to sign a bill or not, and if congress has adjourned before the 10 days are up, it means the president is unable to send the bill back to congress with a formal veto

delegate model

members of congress cast votes that reflect the preferences of the majority of their constituents

trustee model

members of congress use their best judgement to make policy in the interest of the people

oversight

\-congress watching over the bureaucracy

\-senate has special oversight by confirming cabinet heads and presidential appointments

types of oversight

\-setting guidelines for new agencies

\-holding hearings and conducting investigations

\-using budget control

\-reorganizing an agency

\-evaluating an agency’s programs

how your congressperson votes: trustee model (attitudinal view)

* decisions made by elected official using their own personal views
* decisions made by the elected official based on the public good and not on the basis of constituents’ views
* why use this model
* information access, reliance on expertise, divided constituency, importance of issue, vote his or her conscience, difficulty determining what voters want

how your congressperson votes: delegate model (representational view)

* decisions made by the elected official mirror the constituents’ views, represent constituents’ views, or do what voters tell them to do
* why use this model
* popular issue to voters, controversial issue for voters, close to election time, involved in competitive election, shares beliefs with majority of constituents

how your congress person votes: politico model

combination of trustee model and delegate model

baker v carr (redistricting case)

* constitutional question

\- can the court rule on redistricting issues?
* opinion/decision

\-yes, the court can make decisions on constitutional issues dealing with redistricting
* significance

\-groups can now go to the court to question the constitutionality of redistricting lines

\-the concept of “one person, one vote” was created in this case. thus, establishing that districts must be equal in population
* impact

\-the court (federal government) now has a check on the states over redistricting. thus, states have to consider the constitutionality of the maps they create and determine if the court will uphold the maps they draw on constitutional grounds
* applicable constitutional clauses

\-14th amendments equal protection clause

\-why? because all of the people in the US must be equally protected under the law. since the districts had vastly different populations, everyone was not equal under the law

shaw v reno (redistricting case)

* constitutional question

\-can a state draw districts solely based on race? (regardless of intention or benefit to minority representation)
* opinion/decision

\-no, a state cannot draw a district solely based on race. the unusual district, while perhaps crated by noble intentions seemed to exceed what was reasonably necessary to avoid racial imbalances in representation
* significance

\-districts cannot be draw solely based on race regardless of intention
* impact

\-map drawers can consider race in the design of districts. they can draw districts to create minority representation. however, the districts cannot be solely draw by race. this creates an additional consideration when drawing maps and an additional potential challenge to maps that can be adjudicated by the court
* applicable constitutional clause

\-14th amendment’s equal protection clause

\-why? because citizens were not being equally drawn into districts in a racially neutral way

the electoral college

\-picks the president by winner take all with states getting electoral votes

\-the house picks the president if one person does not get a majority of electoralvotes

executive office of the president (white house staff)

\-includes key presidential aides

\-the press secretary and white house chief of staff are on the staff

\-can be appointed and dismissed without senate approval

\-works with the president on policy implementation

\-more involved with policy recently

office of management and budget

assists the president in overseeing the preparation of the federal budget

national security council (NSC)

the principle foreign policy and military advisers

president’s relationship with congress

\-president needs senate approval of cabinet members, judges, important positions like ambassadors and bureaucratic chairs

\-congress can impeach

\-congress can override presidential vetoes

\-congress has oversight power of the bureaucracy and executive agencies

\-president can issue executive orders to sidestep congress

\-president has become more reliant on white house staff to create policy

\-president proposes legislation but needs congress members to help introduce

\-president creates a budget but congress must approve

\-president is commander in chief but congress declares war

war powers resolution

* president is commander in chief and can deploy troops
* congress passed the WPR by a presidential veto
* congress does not enforce the WPR (generally)
* congress approves the use of military force usually
* all presidents have claimed the WPR is unconstitutional
* the supreme court has not ruled on the WPR
* provisions
* “whenever possible” president must consult with congress before sending in armed forces
* consult with congress regularly while forces are in action
* president MUST submit a report to congress within 48 hours of military action
* -president must remove troops if congress has not declared war or given authorization to proceed

\

formal powers of presidnet

\-commander-in-chief

\-appoints all ambassadors

\-negotiates treaties (subject to senate ratification - 2/3 vote

\-president recognizes nations

\-receives ambassadors and other public ministers

\-can grant pardons and reprieves

informal powers of president

\-negotiate executive agreements with other nations

\-has executive privilege

\-can issue executive orders

\-can use a signing statement

\-has the bully pulpit

roles of the president

* commander in chief - leader of the military
* chief legislator - participant in legislation creation
* chief diplomat - works with foreign nations
* head of state - face of the nation
* chief executive - enforcer of laws
* chief administrator - leader of bureaucratic agencies
* party chief - face of his/her party
* chief citizen - representative of the people
* crisis manager - deals with unforeseen emergencies
* economic planner - creates the nation’s budget

constitution only mentions supreme court

congress has power to create all other federal courts

appeal process

\-losing party in a decision by a trial court in the federal system normally is entitled to appeal the decision to a federal court of appeals

\-a litigant who is not satisfied with a decision made by a federal administrative agency usually may file a petition for review of the agency decision by a court of appeals

\-the supreme court is the last court of appeals

writ of certiorari

the order by the supreme court directing a lower court to send up the record in a case for review

granting certiorari

court deciding to hear the case

rule of four

\-in order to grant certiorari 4 of the 9 supreme court justices must agree to hear the case

\-this is an unwritten rule

opinions

present the issues, establish precedents, and set guidelines for lower courts

majority opinion

the formal written decision by the court’s majority on a particular case (the senior justices determines who writes the opinion)

concurring opinion

supports the majority opinion but stresses different constitutional or legal reasons for reaching the judgment (written by a justice that votes in the majority but differs slightly from the writer of the majority opinion)

dissenting opinion

\-expresses a point of view that disagrees with the majority opinion

\-have no legal standing

\-written by a justice in the majority to show their dissatisfaction and constitutional issues with the majority

precedent/stare decisis

\-court decisions are the guidelines for future cases

\-majority of the court decisions are based on precedents established in earlier cases

\-precedents are occasionally overturned like in Brown v Board of Education

judicial restraint

\-the supreme court should use precedent and the framers original intent to decide cases

\-court should most often defer to the elected institutions of government

judicial activism

\-court should correct injustices when other branches of government or the states refuse to do so

\-court should be pro-active in deciding cases (deciding based on current beliefs)

court insulation

* the court does not face direct public pressure
* court picks own agenda
* judges are appointed to life terms

constitutional question

\-what is the court looking at?

\-does this violate the constitution or not?

significance

\-a statement of why this case is a required case

\-why is the decision important for government in general

impact

\-how will the decision change the way government functions

\-think about what can happen now because of the decision

partisan polatization

a vote in which a majority of democratic legislators opposes a majority of republican legislators

bicameral legislature

a lawmaking body made up of two chambers or parts

filibuster

an attempt to defeat a bill in the senate by talking indefinitely, thus preventing the senate from taking action on a bill

marginal districts

political district in which candidate elected to the house of representatives win in close elections, typically by less than 55% if the vote

safe districts

districts in which incumbents win my margins of 55% or more

minority whip

key member of the minority party who keep close contact with all of the members of his/her party and takes nose counts on key votes, prepares summaries of bills and in general acts as a communications link within a party

minority leaders

the legislative leader elected by party members holding a minority of seats in the house or senate

speaker of the house

\-the presiding officer of the house and is charged with numerous duties and responsibilities by law and by the house rules

\-maintains order, manages its proceedings, and governs the administration of its business

majority party power

a government by one or more governing parties that hold an absolute majority of seats in legislature

majority whip

key member of the majority party who keeps close contact with all of the members of his/her party and takes nose counts of key votes, prepares summaries of bills and in general acts as communications link within a party

majority leaders

the legislative leader elected by party members holding the majority of seats in the house or senate

simple resolution

an expression of opinion either in the house or senate to settle procedural matters in either body

concurrent resolution

an expression of opinion without the force of law that requires the approval of both the house and the senate, but not the president

joint resolution

a formal expression of congressional opinion that must be approved by both houses of congress an by the president; constitutional amendments need not be signed by the president

riders

\-amendments on matters unrelated to a bill that are added to an important bill so that they will “ride” to passage through the congress.

\-when a bill has many riders it is called a Christmas tree bill

veto

\-”I forbid”

\-refers to a power of a president to disapprove a bill; it may be overridden by a 2/3 vote of each house of congress

divided government

one party controls the white house and another party controls one or both houses of congress

unified government

the same party controls the white house and both houses of congress

franking privilege

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

bully pulpit

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

signing statment

a presidential document that reveals what the president thinks of a new law and how it ought to be enforced

cabinet

the heads of the 15 executive branch departments of the federal government

legislative veto

\-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

power of the purse

the ability to tax and spend public money for the national government

impeachment

charges against a president approved by a majority of the house of representatives

revenue bills

any bill, except the budget bill and debt bills, that increases or decreases the total revenues available for appropriations, including any sales tax exemption bill

role-call-vote

a congressional voting procedure that consists of members answering “yea” or “nay” to their names

approval power

a permission to approve business operations or to commit the business to binding contracts, financial risks, etc, which is conferred on a certain individual (an officer) within a company or an organization

appropriations

a legislative grant of money to finance a government program or agency

casework

assistance provided by members of congress to constituents who need help while filing a grievance with the federal government or a federal agency

gridlock

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

germane rule

the simple proposition that an amendment must address the same subject as the matter being amended

caucus

a meeting of party followers in which party delegates are selected

advice and consent power

gives the senate the responsibility to advise the president about nominees and the authority to consent to (approve or reject) those nominations

log-rolling

a legislator supports a proposal favored by another in return for support of his or hers

pork barrel

legislation that gives tangible benefits to constituents in several districts or states in the hope of winning their votes in return

congressional oversight

the review, monitoring, and supervision of federal agencies, programs and policy implementation

reapportionment

the redistribution of seats in the house of representatives based on changes in population

open rule

an order from the house of rules committee that permits a bill to be amended on the floor

quorum

the minimum number of members who be present for business to be conducted in congress

cloture rule/ vote

a rule used by the senate to end or limit debate

discharge petition

a device by which any member of the house, after a committee has had the bill for 30 days, may petition to have it brought to the floor

closed rule

an order from the house rules committee that sets a time limit on debate; forbids a bill from being amended on the floor

bureaucracy

* large and complex organization of appointed and hired officials
* federal and state bureaucracy has grown dramatically
* there are 15 cabinet departments of the executive branch
* cabinet secretaries have closer ties to their departments than the president
* the president is still in charge of the departments

features of bureaucracy

\-hierarchical authority

\-job specialization

\-formal rules

\-hired and promoted through the merit system

independent and regulatory agencies

* SEC, FCC, FEC, are all common regulatory agencies
* regulatory agencies are led by small commissions appointed by the president and confirmed by the senate
* the commissioners cannot be removed by the president during their term
* federal reserve board is an important independent agency
* sets monetary policy (the rules concerning the flow of money - interest rates)
* the FED has a lot of independence and can develop monetary policy without interference from interest groups, politicians, and political parties
* fiscal policy - taxing and spending monetary policy - money supply and interest rates