AP GOV Unit 2: Interactions Among the Branches of Government

Institutions of Government

Formal policymakers within the government, including the executive, legislature, judiciary and bureaucracy

Article I

Legislative Branch

Bicameral

A legislature consisting of two parts, or houses

Constituency

the people and interests that an elected official represents

Coalition-Building

the alliance of several interest groups for the purpose of lobbying

Revenue

income

Congressional committee

-a legislative sub-organization in the United States Congress that handles a specific duty/topic

-Evolved as a way for Congress to handle large and complex work-load; divides up law-making into major subject areas; major responsibility for debating & marking up bills + oversight of execution of laws (the bureaucracy)

Standing committee

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

Select committee

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

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.

-Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation. Chairmanship usually alternates between the House and Senate members from Congress to Congress

Speaker of the House

-The presiding officer of the United States House of Representatives. They are elected by a majority party caucus.

-The office was established in 1789 by Article I, Section 2 of the United States Constitution. The Speaker is the political and parliamentary leader of the House of Representatives, and is simultaneously the House's presiding officer, de facto leader of the body's majority party, and the institution's administrative head. Speakers also perform various other administrative and procedural functions. Given these several roles and responsibilities, the Speaker usually does not personally preside over debates. That duty is instead delegated to members of the House from the majority party. Neither does the Speaker regularly participate in floor debates nor vote.

-The Constitution does not require the Speaker to be an elected member of the House of Representatives, although every Speaker thus far has been. The Speaker is second in the United States presidential line of succession, after the Vice President and ahead of the President pro tempore of the Senate.

President of the Senate

Under the Constitution, the vice president serves as the president of the Senate and presides over the Senate's daily proceedings. In the absence of the vice president, the Senate's president pro tempore (and others designated by him) presides. As one of the Senate's constitutional officers, only the Vice President has the authority to cast a tie-breaking vote.

President Pro Tempore

A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the vice president. The president pro tempore (or, "president for a time") is elected by the Senate and is, by custom, the senator of the majority party with the longest record of continuous service.

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.

Minority Leader

The principal leader of the minority party in the House of Representatives or in the Senate.

Majority Whip

-a go-between with the majority leadership and party members in the house of representatives

-A whip is an official of a political party whose task is to ensure party discipline in a legislature. Whips are the party's "enforcers"; they invite their fellow legislators to attend voting sessions and to vote according to the official party policy.

Minority Whip

-a go-between with the minority leadership and party members in the house of representatives

-A whip is an official of a political party whose task is to ensure party discipline in a legislature. Whips are the party's "enforcers"; they invite their fellow legislators to attend voting sessions and to vote according to the official party policy.

Committee Chairperson

Leader of a congressional committee. Usually the longest serving member of the majority party on that committee (seniority rule). A very powerful position - Controls the committee calendar, agenda, and hearings. Can pigeonhole (table) a bill by refusing to schedule debate on it.

Filibuster

A procedural practice in the Senate whereby a senator refuses to relinquish the floor, often by making long speeches, and thereby delays proceedings and prevents a vote on a controversial issue.

Cloture

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

Quorum

The minimum number of members who must be present for business to be conducted in Congress

Hold

A procedural practice in the Senate whereby a senator temporarily blocks the consideration of the bill or nomination.

Unanimous consent

A Senate requirement, applied to most of that body's business, that all senators agree before an action can proceed.

Rules Committee

A standing committee of the House of Representatives that provides special rules under which specific bills can be debated, amended, and considered by the house.

Committee of the Whole

A device used in the House of Representatives to quicken the passage of legislation. The quorum is reduced from 218 members to 100, and the Speaker appoints a member of the majority party as chair. Time allotted for debating the bill in question is split equally between its proponents and opponents. The committee cannot itself pass legislation but may debate and propose amendments.

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.

-a procedural tactic that allows an absolute majority of the House of Representatives (218 lawmakers) to force a floor vote on a bill, even if leaders who control the House floor oppose the measure.

Treaty Ratification

The power of the U.S. Senate to approve or disapprove formal treaties negotiated by the president on behalf of the nation.

-2/3rds majority needed

-Article II, Section 2, clause 2.

Discretionary spending

spending about which Congress is free to make choices

Mandatory spending

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

Entitlements

-A claim for government funds that cannot be abridged without violating the rights of the claimant; for example, social security benefits or payments on a contract.

-Policies for which Congress has obligated itself to pay X level of benefits to Y number of recipients.

Social Security

federal program of disability and retirement benefits that covers most working people

Medicare

A federal program of health insurance for persons 65 years of age and older

Medicaid

Federal program that provides medical benefits for low-income persons.

Budget deficit

a situation in which the government spends more than it takes in through tax revenue (debt)

Pork-barrel legislation

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

-Pork barrel is a metaphor for the appropriation of government spending for localized projects secured solely or primarily to bring money to a representative's district.

Earmarks

Special spending projects (of federal money) that are set aside on behalf of individual members of Congress for their constituents.

Riders

-Amendments to bills, often in the form of appropriations, that sometimes have nothing to do with the intent of the bill itself and many times are considered to be pork barrel legislation

-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.

Omnibus Bill

An omnibus bill is a proposed law that covers a number of diverse or unrelated topics. Omnibus is derived from Latin and means "for everything". An omnibus bill is a single document that is accepted in a single vote by a legislature but packages together several measures into one or combines diverse subjects. Because of their large size and scope, omnibus bills limit opportunities for debate and scrutiny.

Logrolling

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

Franking privilege

the right of senators and representatives to send job-related mail without paying postage

Partisanship

-loyalty to a political cause or party

-Government action based on firm allegiance to a political party

Divided government

Governance divided between the parties, as when one holds the presidency and the other controls one or both houses of Congress.

Ideological division

Gridlock

the inability of the government to act because of partisan conflict within Congress or between Congress and the president.

Gerrymandering

the drawing of legislative district boundaries to benefit a party, group, or incumbent

Packing

Placing as many voters of one type in a single district to minimize the number of elections they can influence.

Cracking

spreading voters of one type over many districts where they will comprise minorities that are unable to influence elections

Reapportionment

the process of reassigning representation based on population, after every census

Census

population count

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. This often is done by the party in power and results in gerrymandering.

Safe seat

an office that is extremely likely to be won by a particular candidate or political party

Marginal seat

A seat in a congressional district that has relatively similar numbers of Democratic and Republican voters.

-swing seat

Baker v. Carr (1962)

"One man, one vote." Ordered state legislative districts to be as near equal as possible in population; Warren Court's judicial activism. The Court asserted that the federal courts had the right to tell states to reapportion their districts for more equal representation.

"One person, one vote"

The principle that each legislative district within a state should have the same number of eligible voters so that representation is equitably based on population

Racial gerrymandering

drawing of legislative boundaries to give electoral advantages to a particular racial group

Shaw v. Reno (1993)

NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts (where the minority race is majority of district)

Article II

Executive Branch

"Lame-duck" President

-A president is a lame duck after a successor has been elected, during which time the outgoing president and president-elect usually embark on a transition of power.

-president with no real power because their period in office will soon end

"Trustee" role

legislator who is entrusted to excise their own judgment and wisdom; believes their constituents trust their independent decision making ability to act on their behalf

"Delegate" role

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

"Partisan" role

-a partisan is a committed member of a political party or political coalitions

"Politico" role

Policy Agenda

A list of subjects or problems to which government officials as well as individuals outside the government are paying serious attention at any given time. The mass media play an important role in influencing the issues which receive public attention.

Formal Presidential Powers

1. Chief executive of Federal Bureaucracy

2. Nominate and appoint key officials

3. Implement and enforce laws

4. Veto bills

5. Negotiate Treaties

6. Recognize Foreign Nations (Diplomatic Recognition)

7. Commander in Chief

8. Chief of State

9. Pardon (conviction erased) or Grant Clemency (doesn't remove the conviction but you are released b/c you've been punished enough)

10. Power to convene Congress (to call Congress back into session if they are on break)

Informal Presidential Powers

-issue executive orders, issue signing statements, create & use bureaucracy, and make legislative proposals.

-National figure-head, crisis manager (rally effect), power to go public, power of persuasion, agenda-setter (bully pulpit), personality and leadership,

-executive agreements, global leader recognition, manage international crises, access to confidential info

Veto

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

Congressional Override

power to pass legislation over a president's veto, 2/3 majority in both houses

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 (indirect veto).

Commander in Chief

term for the president as commander of the nation's armed forces

Executive agreement

A formal agreement between the U.S. president and the leaders of other nations that does not require Senate approval.

Executive order

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

Executive privilege

An implied presidential power that allows the president to refuse to disclose information regarding confidential conversations or national security to Congress or the judiciary.

Signing statements

A formal document or occasional written comments or announcements made by the president when signing bills into law, that explains why a president is signing a particular bill into law. These statements often presenting the president's interpretation of the law and may contain objections to the bill and promises not to implement key sections.

The Cabinet

group of officials who head government departments and advise the President

Ambassadors

Highest-ranking officials representing a government in a foreign country.

White House Staff

Personnel who run the White House and advise the President. Includes the Chief of Staff and Press Secretary

"Advice and Consent" power

The power of the Senate to consult and approve the presidents treaties and appointments.

-Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.

"Good Behavior" clause

This clause in the constitution says that federal judges serve for life and can only be removed by death, resignation or impeachment

Article III

Judicial Branch

Federalist #70

states that it is easier and more effective to have a singular executive rather than a plural one (written by Hamilton)

"Lame duck" period

Period of time when the new president is already elected, but the previous president is still in office

Twentieth Amendment

Shortens the lame duck period by moving the presidential inauguration from March to January.

Twenty-second Amendment

Ratified in 1951, this amendment limits presidents to two terms of office.

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.

Sate of the Union Address

a speech given annually by the president to a joint session of Congress and to the nation announcing the president's agenda

Honeymoon Period

the time following an election when a president's popularity is high and congressional relations are likely to be productive

Bully Pulpit

a public office or position of authority (President) that provides its occupant with an outstanding opportunity to speak out on any issue.

Judicial Review

review by the US Supreme Court of the constitutional validity of a legislative act, can declare laws unconstitutional

Federalist #78

discusses the power of judicial review. It argues that the federal courts have the duty to determine whether acts of Congress are constitutional and to follow the Constitution when there is inconsistency. Hamilton viewed this as a protection against abuse of power by Congress.

Marbury v. Madison (1803)

Established judicial review; "midnight judges;" John Marshall; power of the Supreme Court.

Precedent

-an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.

-how similar cases have been decided in the past

Stare Decisis

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

Judicial activism

Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values.

Judicial restraint

Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say.

Strict constructionism

a judicial approach holding that the Constitution should be read literally, with the framers' intentions uppermost in mind

Loose constructionism

A judicial philosophy that believes the Constitution should be interpreted in an open way, not limited to things explicitly stated.

Jurisdiction

(n.) an area of authority or control; the right to administer justice

-The authority of a court to hear a case

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.

Concurrent Jurisdiction

authority for both state and federal courts to hear and decide certain cases