Unit 2: Interactions Among Branches of Government

What are the two houses of Congress?

House of Representatives and Senate (Bicameral Legislature)

How many members are in the House of Representatives? How are they determined?

435 members, based on state population

How long is a House member’s term? Why?

2 years, to be more responsive to public opinion

What special power does the House of Representatives have regarding money bills?

Revenue (tax) bills must originate in the House and Power of the Purse

What is the House’s roles in impeachment?

Bring charges (initiates impeachment)

How many members are in the Senate? How is representation determined?

100 member’s, equal representation (2 per state)

How long is a senator’s term? Why?

6 years, to be more insulated from public opinion

What role does the Senate play in impeachment?

Tries impeachment cases

What are the Senate’s unique powers?

• Ratifies treaties

• Confirms presidential appointments

What are Congress’s Enumerated power listed?

Article I, Section 8 of the Constitution

Name three key Enumerated Powers of Congress

1. Taxation

2. Declaring war

3. Regulating commerce

What clause expands Congressional power?

The Elastic Clause (Necessary and Proper Clause)

What type of power does the state governments have? And what are these power’s?

States governments have reserved powers which are:

• Issuing licenses

• Regulating intrastate business

• Elections

• Local governments

• Education

What type of power do both the state and federal governments share? And what are these power’s?

State and Federal governments both have Concurrent powers which are:

• Levying taxes

• Operating courts

• Building roads

• Borrowing money

What are things that the federal government CANNOT do?

• Suspend habeas corpus

• Grant titles of nobility

• Pass ex post facto laws

What are things state governments CANNOT do?

• Declare war

• Print money

• Enter treaties

What case upheld implied powers and allowed for a national bank

McCulloch v. Maryland

Who is the most powerful person in the House of Representatives

Speaker of the House

Who controls the Senate’s agenda?

Senate Majority Leader

What is a standing committee

A permanent committee in the House or Senate that focuses on a specific policy area (like education or defense) and is responsible for reviewing and shaping proposed laws related to that topic

• House Ways and Means

• Senate Judiciary

What is a conference committee?

Temporary, Join committee of the House and Senate formed to resolve disagreements on a bill that has passed both chambers in different forms, before it’s sent to the President.

What is a filibuster? Where does it occur?

A filibuster is a delay tactic in the Senate where a senator speaks for an extended period of time to delay or block a vote on a bill. This tactic is often used to prevent the Senate from moving forward with legislation by stalling the process through prolonged debate

How can the Senate end a filibuster?

With a Cloture (requires 60 votes)

Name three formal Powers of the president

• Commander in Chief

• Veto power

• Negotiate treaties

How can Congress override a presidential veto?

With a 2/3 vote in both chambers

Name three informal powers of the president

• Executive orders

• Executive agreements

• Bully pulpit —> position of being president, the platform to advocate and speak out an agenda

What is the Wars Powers Act (1973)?

• Limits the president’s ability to deploy troops without Congressional approval

What is a signing statement?

The president’s interpretation of a law upon signing it

What is the highest court in the U.S.

Supreme Court (9 Justices)

What is a Judicial Review? What case established it?

The power to declare laws unconstitutional; Marbury v. Madison (1803)

What is the difference between judicial activism and Judicial restraint?

Judicial activism involves judges using their power to shape policy and advance personal view, while Judicial restraint emphasizes the original intent of the law.

What does stare decisis mean?

“Let the decision stand” follows precedent

What is the main function of the bureaucracy?

Implements federal laws and regulations

Name three cabinet departments

• State

• Defense

• Treasury

What is an independent Regulatory agency? Name them

An agency that enforces rule (Federal Reserve, SEC)

What are government corporations? Give an example

Businesses run by the government (USPS, Amtrak)

What is an iron triangle

A relationship between bureaucracy, interest groups, and Congress that influences policy

Reapportionment

Redistributing the 435 seats in the House of Representatives among the states based on population changes after each 10-year census

Redistricting

The process of redrawing Congressional district boundaries within a state, usually done by state legislatures.

Gerrymandering

Manipulating district boundaries to favor one political party over another

Pork Barrel Legislation

Laws passed by Congress that fund local projects (often unnecessary) to help members get reelected

Logrolling

When lawmakers agree to vote for each other’s Bill in exchange for support

Discharge Petition

A way to force a bill out of Committee and to the House floor for a vote, requires a majority (218) of House members

Hold (in the Senate)

A senator’s informal objection to a bill or nomination, which can delay proceedings

Unanimous Consent (Senate)

An agreement in the Senate to set aside formal rules and speed up proceedings; any senator can object

Rules Committee (House only)

A powerful committee that sets the terms for debate on bills, how long debate lasts, and whether amendments can be added

Committee of the Whole (House only)

A procedure that allows the House to debate bills with fewer members and more relaxed rules

Entitlement Programs

Government programs that provide benefits to all eligible citizens (Social Security and Medicare); a large part of mandatory spending

Discretionary Spending

Congress decides how much to spend each year (Military and Education)

Mandatory Spending

Spending required by law (Social Security and Medicare).

Federalist No.70

Argues for a strong, single executive (President) to ensure accountability and effective leadership

Omnibus Bill

A large bill that combines several issues and topics into one; often passed to avoid vetoes or gain more support

Free Rider Problem

An unrelated provision added to a bill to benefit a legislators agenda or home district

Trustee

Votes based on personal judgment

Delegate

Votes based on constituents preferences. They prioritize representing the views and needs of the people who elect/elected them.

Politico

Role played by elected Representatives who act as trustees or as delegates

Legislative Oversight

Congressional monitoring of the executive branch through hearings and investigations

Executive Privilege

Presidents right to withhold info from Congress and Courts

Precedent

Prior judicial decision that guides future cases

Amicus Curiae Brief

filed by a “friend of the court” (non-party) who has an interest in the case’s outcome

Issue Network

Looser, more modern version of an iron triangle that includes media and experts

Federalist No.78

Hamilton, argues that the judiciary is the least dangerous branch of government because it lacks the power of the purse (tax) and the sword (enforce laws), meaning it cannot create laws or enforce them. However, he emphasizes the importance of judicial review as a necessary check on the legislative branch, allowing courts to ensure that laws align with the Constitution. This power helps preserve the Constitution authority and protects individuals rights from potential government overreach.

Baker v. Carr

Established the “One person, one vote” principle (important for redistricting/gerrymandering questions)

House of Representatives

• Speaker of the House - Leader of the House; most powerful person in Congress. Runs debates and sets the agenda

• Majority Leader - Helps Speaker, leads the majority pary

• Minority Leader - Leader of the party with fewer seats

• Whips - Keep track of votes and make sure party members vote together

Senate

• Vice President - Breaks ties voters in the Senate. Not their daily

• President Pro Tempore - Fills in when the Vice President isn’t there; mostly a title.

• Majority Leader - Most powerful in the Senate; controls schedule and bills

• Minority Leader - Leads the smaller party int eh Senate

• Whips - Same job as in the House: counts votes and keep the party organized.