Political Institution Terms

Enumerated Powers

Powers listed in the Constitution that are granted to the national government.

Implied Powers

Powers that are NOT explicitly stated in the Constiution, but the national goverment take becaue it is necessary and proper to there enumerated powers.

Bicameralism

two legislative bodies hose and senate that make up congres

constiuency

a group of voters who are repsented by al elected offical.

speaker of house

A representative in the house from the majority party who leads house of reps.  This constitutional position is second in line to the presidency (after the president and VP).  Additionally, this position controls legislation on the House floor (first to speak on floor debates and decides to bring bills to vote on the House floor).

single member district

 the House of Representatives is divided into 435 seats where there is 1 representative from each legislative district.  For example, NJ has a total of 12 legislative districts throughout the state.  Dumont is in District 5 and participates with all the other towns in District 5 to elect 1 representative to represent the entire district.

rules commitee

very important standing committee in the House of Representatives as they decide the date of House floor debate, length of debate, and whether the bill will allow for an open or closed rule (open rule = germane amendments to legislation; closed rule = no amendments to legislation)

Impeachment

To bring charges (this is a power exclusive to the House of Representatives)

pres of senate

tie breaker in the Senate. vice president

President Pro-Tempore

in the absence of the Vice President, the majority party in the Senate appoints a senator to serve the role of the President of the Senate

Filibuster

 talking endlessly on the Senate floor in an effort to stall/obstruct legislation.  This was originally established by the Senate to promote debate and discussion of legislation.  Today, it is a tactic that is used by the minority party to stall legislation

legislative hold

a procedure in the Senate where 1 or more Senators prevents a motion from occurring on legislation.  For example, a Senator may require more time to research a bill.

cloture

the formal vote needed to end a filibuster and/or a legislative hold. A successful cloture requires a ⅗ vote in the Senate.

unanimous consent

agreement on any question or matter before the Senate that sets aside a rule of procedure to expedite proceedings. Many requests for unanimous consent are routine but if any senator objects, the request is rejected.

congressional commitees

specialized organizations in the House and Senate that focus on government operations.  Committees are where the bulk of congressional work occurs.  There are 4 types of committees, including standing, conference, and select

Standing commitees

permanent committees in the House and Senate that focus on legislation and oversight.  For example, the House Education and Labor Committee debate and revise bills that focus on education and labor issues in America.

Ways and MeansCommitee

powerful standing committee in the House of Representatives that is responsible for tax policy.  The Constitution requires tax legislation to originate in the House so this committee is the first to work on tax legislation.

Appropriations commitee

powerful standing committee in the House of Representatives that is responsible for spending money to fund varying government programs.

congerence commitee

 this is a temporary committee that is formed to reconcile differences in bills that are successfully passed by the House and Senate.  The founders created a bicameral legislature to make it difficult to pass legislation.  Since legislation must pass both chambers prior to going to the president for a signature or veto, the bill must be identical.  As a result, a conference committee may need to be formed to make sure the House and Senate versions are identical.  

select commitee

these are temporary committees that are formed to research a specific issue in America.  For example, there was a Senate Select Watergate committee to look into the Watergate scandal.  Additionally, there is a House Select Jan. 6 committee that is investigating the causes of the events of Jan. 6, 2020.

Discharge petition

a tool in the House of Representatives that allows for a majority vote on the House floor to bring a bill directly out of committee (without a report) to be voted on by the full House.  This is rarely successful

commitee of the whole

allows the House to deal with legislation on the House floor more rapidly, because only 100 members need to be present, rather than a quorum, or majorit

veto

a presidential check on Congress to attempt to block a bill.  A veto can be overridden by Congress with a 2/3rd vote.

pocket veto

a presidential action to not sign a bill within the last 10 days of a legislative session, which results in the blocking of the bill.  A pocket veto cannot be overridden by Congress

Party whip

 a congressional party leader who makes sure they have enough votes to pass/block legislation.  There is a party whip for both political parties in the House and Senate.

Majority/Minority Leaders

- political party leaders in Congress who promote party platforms and agendas in the House and Senate.

united gov

occurs when the president and both chambers of Congress are controlled by the same political party.

divided gov

occurs when the president and at least one chamber of Congress are controlled by different political parties

Gridlock

the legislation process is deadlocked

logrolling

 legislative tactic of reciprocally voting for legislation; in other words, congresspeople will vote for legislation of each other’s bills

pork barrel legislation

legislation that directly brings projects back to a congressperson’s constituents.  For example, a congressperson will create legislation to increase funding to schools or roads to directly and solely benefit their constituency.

Riders

additions to bills that have little (or nothing) to do with the legislation.  

Trustee Model

elected representatives are entrusted by voters with the responsibility of governing for all. Representatives are free to serve the people as they think best

Delegate model

 elected representatives are delegated the responsibility to act in the interests of the people who elected them. This means that representatives would consider their electorate, state or territory when making decisions.

politico model

representatives rarely consistently act as just a delegate or just a trustee when representing their constituents. It is a hybrid of the two models discussed above and involves representatives acting as delegates and trustees, depending on the issue

Incumbent

a current gov official running in upcoming election

Apportionment

 the number of representatives in the House that a state receives (for example, NJ has 12 representatives in the House)

Reapportionment

 redistributing representation in the House based on the census results; the 435 seats in the House are redistributed based on the movement of people which is determined every 10 years based on the census data.  Every state is guaranteed at last 1 representative

redistricting

after reapportionment, state legislatures redraw the lines of congressional districts in the House of Representatives; the districts must have approximately the same population (Baker v. Carr)

Gerrymandering

redistricting to benefit or hinder a political party, incumbent, etc.

pwer of purse

 formal presidential power to “take care that laws are faithfully executed.  

appointment process

 formal presidential power to nominate government officials to non-elected officials, such as federal judges, diplomats, and executive offices (cabinet departments); the Senate must approve these presidential appointments

white house staff

 the most trusted members of the executive department, including Chief of Staff, White House Press Secretary, policy advisor, National Security Advisor; many of these staff members have direct access to the president; several are not Senate approved; all can be fired by the president

executive order

implied presidential power in connection to the chief executive; the president imposes orders on how to execute/manage the executive branch; orders do NOT require Congressional approval;this power is challenged as legislative, but the Supreme Court has upheld the idea of executive orders as constitutional.  Examples include FDR’s Japanese internment, Lincoln’s Emancipation Proclamation, and Truman’s desegregation of the military

State of the Union

 formal legislative power where the president presidents his/her legislative agenda; it is an opportunity for the president to speak directly to Congress, but more importantly to the American people; it is a presidential attempt to apply the bully pulpit as all news outlets tend to focus on the speech

Bully pulpit

the president apply the power of his/her office to focus on an issue; presidential often use the media to garner support and/or apply pressure to establish a policy and/or to influence Congress to take action; Presidents who have high public approval and/or are good communicators often have greater success with this tactic.  

Signing Statements

 informal legislative power where the president includes a written statement when he/she signs a bill into laws; the statement can provide an explanation on how he/she intends to execute the legislation

Lame duck

the end of a presidency after a new president has been elected where Congress and the public are not focused on the agenda of the sitting president, but instead looking forward to the next president.  Though the sitting president holds all executive power, the nation does not focus on their actions.  

Party leader

 though political parties are not in the Constitution, the president serves as the informal leader of his/her political party as they attempt to guide their legislation through Congress with the assistance of his/her Congressional party members.

Pardon

 formal presidential power where he/she forgives the accused/convicted of federal crimes

commander in chief

formal presidential power where he/she is the civilian leader of the military

war powers act

 law passed shortly after the Vietnam War where Congress placed limits on the president's ability to expand/make war.  Based on the law, the president must inform Congress within 48 hours of sending troops into a country and remove troops within 60-90 days (unless he/she received congressional approval)

chief diplomat

 formal presidential power as he/she meets with foreign leaders/diplomats and negotiates treaties

executive agreement

 informal presidential power where he/she negotiates a deal with a foreign leader, but does not need Senate approval (this is NOT a treaty).

Imperial Presidency

 the perception that presidential power has expanded during the modern era and goes beyond the Constitution

22nd amendment

constitutional limit of two terms for a president

bureaucracy

 government experts who decide how and when to implement policies (EPA, SEC, Department of Education, Federal Reserve, etc.)

civil servant

 a person employed by the government (postal worker, EPA officer, DOE official, etc.)

Pendleton Civil Service Act

 1883 law that moved the U.S. government away from the spoils system to one where candidates for government employment must show merit by taking an exam

standard operating procedure

 every action in government must follow a strict process from the beginning to the end of a project; this makes sure that the job is done correctly and thoroughly.  This causes the bureaucracy to be criticized for being slow and inefficient

red tape

all the requirements that the bureaucracy must follow is referred to as “red tape”

Bureaucratic independence

he idea that varying bureaucratic agencies/departments are so large and expert that they are granted a lot of independence from Congress and the president.

Delegated discretionary authority

 Congress grants bureaucratic authority to bureaucratic departments/agencies because they are experts and Congress is made up of generalists;   for example, the EPA has a lot of discretion on how to implement the Clean Air Act by deciding what levels of toxins can be released into the air.  The bureaucracy also decides when to enforce all rules.

Rulemaking authority

bureaucratic agencies/departments established the rules/standards/regulations to best implement laws

bureaucratic enforcement

  the ability of the bureaucracy to enforce rules/regulations; the bureaucracy imposes fines/shut factories down/etc.

iron triangle

 the bureaucracy, interest groups, and congressional committees work together to control policy areas. (see diagram on next page)

Original jurisdiction

 a court that hears a case for the first time, usually in the form of a trial.  Federal district courts hold most original jurisdiction cases at the federal level.  However, the Supreme Court hears some original jurisdiction cases (for example, cases between two states).

Appellate jurisdiction

a court that decides whether the laws/Constitution were appropriately applied in the lower court decision(s).  The U.S. Circuit Court of Appeals and the U.S. The Supreme Court both have appellate jurisdiction.  The most important cases heard by the Supreme Court tend to be appellate jurisdiction. 

federal district courts

 trial courts at the national level with original jurisdiction only.  There are 94 federal district courts that hear cases that deal with federal law.  There is at least 1 federal district court per state.

circuit court of appeals

 appellate federal courts with a committee of judges for each case; hear cases that have already been decided by federal district courts.  There are 13 regionally based Circuit Courts. 

precedent

 a decision by the Supreme Court that serves as a basis for future cases with similar facts.  Lower courts are to apply Supreme Court precedents (decision) to decide their actions in their courts.  Precedents are the current interpretation of the court, but precedents can change (for example, Brown v. Topeka BOE changed the precedent established by Plessy v. Ferguson; Dobbs Jackson changed the precedent established by Roe v. Wade)

sare decisis

 let the decision stand; this is the most common decision by the Supreme Court when they review a case being appealed to them.  Stare decisis reestablishes past precedent.  

write of certiorari

court order to pass a case from a lower court to the Supreme Court for review.  There is no obligation for the Supreme Court to take up the 7,000 cases per year that they are asked to consider.  The Supreme Court formally hears about 100-150 cases per year.

rule of 4

a process the Supreme Court uses to decide which cases to formally take up.  After a writ of certiorari is ordered by the Supreme Court, the justices will review the case and decide whether to formally hear the case.  It requires 4 justices for the Supreme Court to agree to hear a case.

judiical activism

 the judicial philosophy that believes the courts should go beyond simply interpreting the Constitution to create policy

judicial restraint

the judicial philosophy that believes the court should NOT create policy, but should stick to strictly interpreting the Constitution

Majority opinion

the written opinion by one member of the majority voting on a Supreme Court cases; this opinion serves as the precedent for this case

concurring opinion

a written opinion by a justice that voted with the majority, but for a different opinion than the one describing in the majority opinion

dissenting opinion

 a written opinion by a justice who disagrees with the majority opinion

Natural rights

Rights that all people are born with. Thomas Jefferson (declaration of independence - life liberty, and pursuit of happiness) and enlightenment philosopher John Locke do not get their rights from government.

social contract

an agreement between the people and the government where the people sacrifice power to the government for a certain purpose. purpose of protecting the natural rights of all people.

Federalism

A constitutional principle that shares power between the national government and state government. national gov has certain powers while state gov have other powers. for example, the national government has the power to declare war, coin money, regulate interstate commerce. Whereas, states regulate their own educational systems, marriage laws, election laws.

separation of powers

a constitutional principle that divides government power between branches. For example, the legislative branch passes laws, the executive branch carries out laws, and the judicial interprets laws.

checks and balances

a constitutional principle that gives powers to branches to control the power of the other branches.

popular sovereignty

people are the source of government power. Jefferson highlighted this in the declaration of independence by noting consent of the governed when establishing the government.

direct democracy

a form of government where people vote directly on policy initiatives. It is important to note that America has democratic principles, but America is NOT a direct democracy.

dmocratic republic

a form of government where the people elect representatives who make policy decisions for the people. America is a Democratic Republic for representative government.

Limited government

the government idea that government power is not absolute. the consitution sets limits on power.

participaory democracy

a Democratic theory where citizens have greater direct say in the government. refereedums, recalls, and initiatives.

virginia plan

proposal at the constitutional convention that benefited large states with the creation of a bicameral legislature based on proportional representation.

NJ plan

proposal at the constutonal convention that benefited small states with the creation of a unicameral legislature based on equal representation

great compromise

compromise at the constitutional convention that created a Senate and a house of reps.

3/5th compromise

compromise at the constitutional convention that counted slaves as 3/5th of a person. This increased representation off a southern slaves states in the House of representatives and electoral college.

delegated powers

powers in article I section 8, that are specifically enumerated (granted) to the national government (specifcially Congress).

concurrent powers

Powers shared between both the state and national governments. For example, the state and national governments can both impose taxes on the people. Other concurrent powers include creating courts, spending money and passing laws.

reserved powers

the powers of the states. in a effort to protect state powers, the constitution have limited powers to government and allows all powers to states.

supremeacy clause

clause in article VI that states the constitution and any policy created under the constitution are supreme to all policies in America.

preemption

National government policy supersedes state government policy (national government must obviously have constitutional authority).

Dual federalism (layer cake)

the national and state government remain in their spheres of influence.

cooperative federalism (marble cake)

National governmentand state governments work together to solve problems