Unit 2: Interactions Among Branches of Government

Enumerated Powers

Powers specifically given to Congress in the Constitution; including the power to collect taxes, coin money, regulate foreign and interstate commerce, and declare war.

Implied Powers

Powers inferred from the express powers (using the Necessary and Proper Clause) that allow Congress to carry out its functions

Casework

Activities of members of Congress that help constituents as individuals; cutting through bureaucratic red tape to get people what they think they have a right to get

Pork Barrel Spending

Legislation that directs specific funds to projects within districts or states

Logrolling

An agreement by two or more lawmakers to support each other's bills

Oversight

Congressional review of the activities of an executive agency, department, or office.

Constituency

the people and interests that an elected official represents

Apportionment

Distribution of representatives among the states based on the population of each state

Redistricting

The redrawing of congressional and other legislative district lines following the census, to accommodate population shifts and keep districts as equal as possible in population.

Gerrymandering

Process of redrawing legislative boundaries for the purpose of benefiting the party in power.

Malapportionment

Drawing the boundaries of legislative districts so that they are unequal in population

Incumbency

holding the political office for which one is running

Speaker of the House

An office mandated by the Constitution. The Speaker is chosen in practice by the majority party, has both formal and informal powers, and is second in line to succeed to the presidency should that office become vacant.

Majority Leader

The legislative leader selected by the majority party who helps plan party strategy, confers with other party leaders, and tries to keep members of the party in line.

Whip

a senator or representative who helps the party leader stay informed about what party members are thinking

Minority Leader

the legislative leader elected by party members holding a minority of seats in the House or the Senate

Vice President

President of the Senate; breaks ties in the Senate

President Pro Tempore

Officer of the Senate selected by the majority party to act as chair in the absence of the vice president

Committee Chairs

The most important influencers of the congressional agenda. They play dominant roles in scheduling hearings, hiring staff, appointing subcommittees, and managing committee bills when they are brought before the full house.

Standing Committee

A permanent committee established in a legislature, usually focusing on a policy area

Joint Committee

A committee composed of members of both the House of Representatives and the Senate; such committees oversee the Library of Congress and conduct investigations.

Conference Committee

Committee appointed by the presiding officers of each chamber to adjust differences on a particular bill passed by each in different form.

Select Committee

A temporary legislative committee established for a limited time period and for a special purpose.

Bill

a proposed law

Pigeonhole

To set a bill aside by a committee without considering it

Discharge Petition

Petition that, if signed by majority of the House of Representatives' members, will pry a bill from committee and bring it to the floor for consideration.

House Rules Committee

An institution unique to the House of Representatives that reviews all bills (except revenue, budget, and appropriations bills) coming from a House committee before they go to the full House.

Committee of the Whole

A committee that consists of an entire legislative body; used for a procedure in which a legislative body expedites its business by resolving itself into a committee of itself.

Filibuster

A procedural practice in the Senate whereby a senator refuses to relinquish the floor and thereby delays proceedings and prevents a vote on a controversial issue.

Cloture

A procedure for terminating debate, especially filibusters, in the Senate.

Entitlement Programs

Government benefits that certain qualified individuals are entitled to by law, regardless of need.

Mandatory Spending

Federal spending required by law that continues without the need for annual approvals by Congress.

Discretionary Spending

Federal spending on programs that are controlled through the regular budget process

Budget Surplus

a situation in which the government takes in more than it spends

Budget Deficit

a situation in which the government spends more than it takes in

Delegate Role

A concept of legislative work as simply voting the desires of one's constituents, regardless of one's own personal views

Trustee Role

the idea that members of Congress should act as trustees, making decisions based on their knowledge and judgement

Politico Role

Role played by elected representatives who act as trustees or as delegates, depending on the issue.

Bipartisanship

A policy that emphasizes a united front and cooperation between the major political parties, especially on sensitive foreign policy issues.

Partisanship

Government action based on firm allegiance to a political party

Divided Government

one party controls the White House and another party controls one or both houses of Congress

Gridlock

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

Lame Duck Period

The time during which a president who has lost an election or has ended a second term is still in office before the new president serves

Original Jurisdiction

The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.

Appellate Jurisdiction

The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record, only the legal issues involved.

Judicial Review

Allows the court to determine the constitutionality of laws

Criminal Law

Codes of behavior related to the protection of property and individual safety

Civil Law

A law that governs relationships between individuals and defines their legal rights.

Federal District Courts

the lowest level of the federal judiciary; these courts usually have original jurisdiction in cases that start at the federal level

Federal Court of Appeals

the middle level of the federal judiciary; these courts review and hear appeals from the federal district courts

Supreme Court

The highest federal court of the United States, established by Article III of the US Constitution, with nine sitting justices today

Precedent

How similar cases have been decided in the past.

Stare Decisis

Let the decision stand; decisions are based on precedents from previous cases

Majority Opinion

a statement that presents the views of the majority of supreme court justices regarding a case

Concurring Opinion

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

Dissenting Opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion

Judicial Restraint

A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures

Judicial Activism

An interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court)

Twenty-Second Amendment

Limits the president to two terms in office

Formal (Enumerated) Powers

powers of the president specifically stated in the Constitution

Informal Powers

powers not laid out in the Constitution but used to carry out presidential duties

Treaty

A formal agreement between two or more sovereign states; must receive congressional approval

State of the Union

An annual speech in which the president addresses Congress to report on the condition of the country and recommend policies.

Veto

Chief executive's power to reject a bill passed by a legislature

Pocket Veto

A veto taking place when Congress adjourns within 10 days of submitting a bill to the president, who simply lets it die by neither signing nor vetoing it.

Pardon

A declaration of forgiveness and freedom from punishment

Reprieve

a respite; postponement of a sentence

Executive Privilege

The power to keep executive communications confidential, especially if they relate to national security.

Executive Agreement

an agreement between the president and the leader of another country; does not need congressional approval

Signing Statement

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

Executive Order

A rule issued by the president that has the force of law

War Powers Resolution

A law passed in 1973 in reaction to American fighting in Vietnam and Cambodia that requires presidents to consult with Congress whenever possible prior to using military force and to withdraw forces after 60 days unless Congress declares war or grants an extension. Presidents view the resolution as unconstitutional.

Impeachment

Charges against a president approved by a majority of the House of Representatives

Twenty-Fifth Amendment

A 1967 amendment to the Constitution that establishes procedures for filling presidential and vice presidential vacancies and makes provisions for presidential disability; sets presidential line of succession

Executive Office of the President

The cluster of presidential staff agencies that help the president carry out his responsibilities. Currently the office includes the Office of Management and Budget, the Council of Economic Advisers, and several other units.

Roles of the President

Chief Executive, Chief Diplomat, Commander in Chief, Legislative Leader, Head of State, Economic Leader, and Party Leader

Twelfth Amendment

Creates a ticket for the presidency where the president and VP are elected together.

Twentieth Amendment

Written by George Norris and also called the "Lame Duck Amendment," it changed the inauguration date from March 4 to January 20 for president and vice president, and to January 3 for senators and representatives. It also said Congress must assemble at least once a year.

Twenty-Third Amendment

amendment that gives the right of voting to citizens in Washington D.C. and that they get votes in the electoral college

Bargaining and Persuasion

an informal tool used by the president to persuade members of Congress to support his or her policy initiatives

Bully Pulpit

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

Bureaucracy

A system of managing government through departments run by appointed officials

Political Patronage

appointment to political office, usually as a reward for helping get a president elected

Pendleton Act

1883 law that created a Civil Service Commission and stated that federal employees could not be required to contribute to campaign funds nor be fired for political reasons

Federal Civil Service

A system created by the 1883 Pendleton Civil Service Act in which bureaucrats are hired on the basis of merit rather than political connections.

Merit System

A system of public employment in which selection and promotion depend on demonstrated performance rather than political patronage.

Cabinet

Advisory council for the president consisting of the heads of the executive departments, the vice president, and a few other officials selected by the president.

Iron Triangle

A close relationship between an agency, a congressional committee, and an interest group

Issue Network

Relationships among interest groups, congressional committees and subcommittees, and the government agencies that share a common policy concern.

Bureaucratic Discretion

bureaucrats' use of their own judgement in interpreting and carrying out the laws of Congress

Regulation

the use of governmental authority to control or change some practice in the private sector

Bureaucratic Adjudication

Determining the rights and duties of particular parties within the scope of an agency's rules or regulations