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Federalism
Government power in the United States is divided between the federal government and state governments.
Dual federalism
Also known as 'layer cake' federalism, states that state power and federal government power and responsibility should be strictly divided and no sharing of power or responsibility should be undertaken.
Advantages of dual federalism
Allows states to experiment with policy and be more specific with that policy, and that power is closest to the people.
Disadvantages of dual federalism
States do not have jurisdiction to deal with problems that cross state lines or national borders, and state governments often lack the resources to deal with policy problems, especially in times of disaster and emergency.
Cooperative federalism
Also known as 'marble cake' federalism, states that the federal government and state governments should share power and responsibility.
Advantages of cooperative federalism
The federal government has jurisdiction throughout the entire country; has massive resources to deal with policy problems, emergencies, and natural disasters; and can provide citizens with multiple access points to government and policy makers.
Disadvantages of cooperative federalism
Congress often makes policy that is not specific enough or tailored to unique problems occurring regionally or in states, and that experimenting with policy at the national level can lead to side effects that affect the entire nation.
McCulloch v. Maryland
In 1819, the Supreme Court ruled that states could not interfere when Congress legitimately exercised its powers and confirmed that implied powers existed in the Constitution.
Lopez v. United States
In the latter twentieth century, the Supreme Court ruled that the commerce power was not an unlimited power and that activities regulated under this power must have some relation to interstate commerce.
Policy Making
Policy making in Congress is done mostly through the committee process.
Committees
Groups of policy makers within Congress who specialize in certain areas of policy.
Subcommittees
Divisions of committees that deal with very specific areas of policy.
Standing committees
Permanent committees that concentrate on certain areas of policy.
Select committees
Temporary committees that are provided with specific tasks and then disbanded when those tasks are complete.
Recent trend in select committees
In the last several years, select committees have taken on a more permanent presence in both houses of Congress.
Legislation
A proposed policy that is assigned to the appropriate committee and subcommittee by congressional leaders for investigation and evidence gathering.
Amendment
A change or alteration made to legislation during the committee process.
Committee Vote
The process by which a committee votes on the legislation after creating it.
House and Senate
The two larger legislative bodies that consider legislation after it has been voted on by the committee.
Final Passage
The final vote on a bill after it has been amended in the larger legislative body.
Conference Committee
A temporary committee comprised of both House and Senate members that works out language differences in a bill.
Delegate Model
A theory of representation where representatives vote according to the will of the people in their district.
Trustee Model
A theory of representation where representatives use their best judgment on policy issues rather than strictly following district opinion.
Delegation of Authority
The process by which Congress allows the executive branch to hire experts to create rules and regulations in specific policy areas.
Intelligible Principle
A framework that Congress must provide when delegating authority to the executive branch.
Legislative Veto
A process that Congress cannot create to approve executive rules before they go into effect, which has been found unconstitutional by the Supreme Court.
Administrative Law
The rules created by the executive branch under the delegation of authority by Congress.
Independent Agencies
Agencies within the executive branch that are led by presidential appointees confirmed by the Senate but not subject to direct control by the president.
Evidence Gathering
The process undertaken by committees to collect information regarding proposed legislation.
Common Language
The agreed-upon text of a bill that must be identical in both the House and Senate versions before it can be sent to the president.
Presidential Signature
The final approval needed from the president for a bill to become law.
Veto
The power of the president to reject a bill passed by Congress.
Policy Area Experts
Individuals hired by the executive branch to create rules and regulations in complex policy areas.
Congressional Leaders
Members of Congress who assign proposed legislation to the appropriate committees.
Sufficient Support
The level of backing required in a committee for legislation to move on to the larger legislative body.
Voting Decisions
The choices made by representatives on how to vote on legislation, influenced by models of representation.
Technical Rules
Specific regulations created to address complex policy issues that require expert knowledge.
Quasi-legislative functions
Functions that mimic the legislative branch, allowing an independent agency to create new rules and regulations within its policy areas.
Quasi-judicial functions
Functions that mimic the judiciary, enabling an independent agency to decide if an individual or organization has acted inappropriately and provide punishment or corrective action.
Bureaucratic capture
The trend of industry leaders being appointed to government independent oversight agencies and then providing favorable oversight, rulemaking, and regulatory decisions for the industry.
The presidency
The most powerful position in the United States government, involved in both domestic and foreign policy creation.
Literalist doctrine
The view that a president has only those powers specifically mentioned in the Constitution's Article II, limiting presidential power.
Stewardship doctrine
The theory that allows the president to exercise power in multiple areas unless specifically prohibited by the Constitution.
Unitary executive theory
A controversial view that provides the presidency and the executive branch with nearly unlimited power to create rules and policies.
Commander in chief
The role of the president as the leader of the military, with the power to deploy armed forces and oversee their function.
Executive agreements
Agreements between a president's administration and other countries or international organizations that do not require Senate ratification.
Bully pulpit
The ability of the president to command media coverage and focus public attention on issues he or she wishes to prioritize.
Executive Office of the President (EOP)
The group of employees who work directly for the president and help operate the administration, also known as the 'West Wing' of the White House.
Foreign policy power
The president's authority to create relationships with foreign countries, negotiate treaties, and oversee military deployment.
Prioritization of issues
The president's power to prioritize certain issues and policies within existing law and federal law enforcement.
Regulatory decisions
Decisions made by independent agencies that can impact industry practices and standards.
Policy areas
Specific domains in which independent agencies can create rules and regulations.
Oversight agencies
Government bodies that monitor and regulate industry practices to ensure compliance with laws and regulations.
Treaties
Formal agreements between countries that require ratification by the Senate.
Political agenda
The set of issues and policies that a president chooses to prioritize during their term.
Media coverage
The attention given by news outlets to specific issues, which the president can influence through the bully pulpit.
Corrective action
Measures taken by an independent agency to address inappropriate actions by individuals or organizations under its authority.
Legislative branch
The part of the government responsible for making laws, which can be influenced by the president's public advocacy.
Constitution's Article II
The section of the U.S. Constitution that outlines the powers of the presidency.
Influence in public policy
The ability of the president to affect legislation and government actions through various means.
Executive Office of the President (EOP)
An office that contains the Vice President, White House Chief of Staff, Communications Office, National Security Council, Office of Management and Budget, and eight other offices that assist in policy making and execution from the White House.
Number of people in EOP
Approximately 2,400 people work for the EOP.
Executive Branch
The branch of the U.S. government overseen by the President, including all the cabinets and agencies of the federal bureaucracy.
Tension Between Branches
The constitutional design of the United States government guarantees tension between the executive, legislative, and judicial branches.
Power of the Purse
The power given to Congress to create legislation and the budget of the United States government.
Budget Proposal
Traditionally created by the president and presented to Congress, but Congress is not bound to honor that budget.
Final Budget Creation
Congress creates the final budget for the federal government, including mandatory and discretionary spending.
Veto Power
The president has the power to veto proposed legislation, which Congress can override by a two-thirds vote of each house.
War Declaration
Only Congress has the power to declare war, but the president is the commander in chief of the armed forces.
Military Funding
Funding of the armed forces is under the power of Congress.
Judicial Review
The judicial branch may declare laws passed by Congress and executive branch actions as unconstitutional.
Judicial Branch Limitations
The judicial branch cannot fund itself, enforce its own rulings, or create new courts.
Bureaucracy
A government bureaucracy is an agency devoted to carrying out the policies of the government consistent with the laws passed by Congress.
Cabinet Departments
Large organizations within the executive branch that coordinate activities of agencies with similar missions.
Examples of Cabinet Departments
Examples include the Department of Defense, Department of State, Department of Justice, and Department of the Treasury.
Cabinet Department Leadership
Each cabinet department is led by a secretary who is nominated by the president and confirmed by the Senate.
Civil Service
The everyday workers employed by the federal government to perform the government's duties.
Civil service
Employees who are not political appointees and do not change when a new president enters office.
Merit hiring procedures
The process through which civil service employees obtain their positions.
Pendleton Act
Legislation that began civil service hiring in the federal government in the 1880s to end corruption in political hiring.
Spoils system
The practice of hiring all government employees based upon political loyalties and favors.
House of Representatives
A legislative body where members are elected every two years.
Senate
A legislative body where members are elected every six years.
Impeachment
The process by which the House can call for impeachment proceedings and the Senate can try impeachment.
Legislation
A law that must be passed by both the House and Senate to become law.
Treaty ratification
The process that the Senate can approve, while the House can discharge petitions.
Staggered terms
A system where about one third of Congress is up for election every two years.
Political power in the twentieth century
The increasing strength and influence of the executive branch relative to other branches of government.
F.D.R.
A president who wielded immense power over other branches during the Depression.
Emergency powers
Broad powers granted to presidents during crises that circumvent traditional checks.
Judicial review
The power of the Supreme Court to review and potentially overturn laws.
Civil rights movement
A significant period that contributed to the strengthening of the central federal government.
Constitutional amendments
A process that Congress can use to check the Supreme Court, but is rarely utilized.
Political influences
Factors that can affect the balance of power in government.
Coalitions in the Senate
Groups that may change every two years due to staggered terms.
Political appointees
Individuals who are appointed to government positions based on political connections.
Federal government
The national government of the United States, which has grown in strength over the twentieth century.
State governments
Governments that were relatively strong after the Civil War but have seen a trend towards centralization.
Supreme Court's powers
The ability to interpret laws and their application, which has increased over time.
Checks and balances
The system that ensures no one branch of government becomes too powerful.