Three Branches of U.S. Government: Congress, Presidency, and Courts

Vocabulary flashcards covering core terms, concepts, and constitutional mechanisms related to Congress, the Presidency, and the Courts.

legislative supremacy

The constitutional principle that the legislative branch has greater power and authority than the executive or judicial branches.

delegate (or actual) representation

A model of representation where legislators vote strictly according to the expressed preferences and desires of their constituents.

trustee (or virtual) representation

A model of representation where lawmakers use their own judgment, conscience, and knowledge to make decisions in the public's best interest.

party representation

A model of representation where elected officials vote and act primarily in accordance with their political party's platform and leadership.

politico representation

A model of representation where lawmakers balance acting as a delegate or a trustee depending on the issue, political circumstances, or constituent interests.

salience

The degree of prominence, visibility, or perceived importance of a specific political issue to the public or policymakers.

pork barrel politics

Legislation or government spending that directs federal funds to specific local projects or districts primarily to benefit a lawmaker's constituents and aid reelection.

Rules Committee

A committee in the House of Representatives that establishes the terms and conditions under which a bill is debated, amended, and considered on the floor.

bill of attainder

A legislative act that declares an individual or group guilty of a crime and inflicts punishment without a judicial trial, prohibited by the U.S. Constitution.

standing committees

Permanent legislative panels established in both the House and Senate that consider bills and oversee policy within designated jurisdictions.

appropriations committees

Congressional committees responsible for regulating federal expenditures and writing legislation that allocates government funding.

authorizing committees

Congressional committees responsible for establishing, continuing, or modifying federal programs and setting funding limits.

conference committees

Temporary joint committees formed by members of both the House and Senate to reconcile differences in competing versions of the same legislation.

speaker and president pro tempore

The presiding officer of the House of Representatives and the senior senator who presides over the Senate in the absence of the Vice President, respectively.

implied powers

Powers of the federal government not explicitly listed in the Constitution but inferred from the Necessary and Proper Clause to execute expressed powers.

electoral college

The formal, constitutional body established for the indirect election of the President and Vice President of the United States.

electors

Individuals appointed by each state who cast the official electoral votes for President and Vice President in the Electoral College.

executive agreement

An international agreement entered into by the President and a foreign head of state that carries the force of law without requiring formal Senate ratification.

treaty-making power

The constitutional authority of the President to negotiate formal treaties with foreign nations, subject to approval by a two-thirds majority of the Senate.

veto power

The constitutional authority of the President to reject a bill passed by Congress, preventing it from becoming law unless overridden by a two-thirds vote of each house.

signing statement

A written declaration issued by the President upon signing a bill into law, often conveying the executive's interpretation or constitutional objections to the statute.

executive privilege

The implied power of the President and executive branch officials to resist subpoenas and withhold confidential information from Congress or the judiciary.

impeachment and conviction

The two-step constitutional process in which the House of Representatives formally charges a federal official with misconduct and the Senate conducts a trial that may remove them from office.

term limits

Legal or constitutional boundaries restricting the number of terms or years an elected official may serve in a specified public office.

22nd Amendment

The constitutional amendment that restricts an individual to serving no more than two terms or a maximum of ten years as President.

25th Amendment

The constitutional amendment defining presidential succession, procedures for addressing presidential disability, and methods for filling a Vice Presidential vacancy.

executive order

A directive issued by the President to executive branch agencies that carries the force of law and directs the enforcement of federal statutes.

inherent powers

Powers claimed by the President that are not explicitly stated in the Constitution but are inferred as essential to fulfilling the duties of the executive branch.

War Powers Act

A 1973 federal statute designed to limit the President's ability to initiate or escalate military hostilities without prior congressional authorization.

executive nomination

The President's constitutional authority to name federal judges, cabinet officers, and agency heads, subject to the advice and consent of the Senate.

civil code

A comprehensive, written collection of statutory laws governing private rights, obligations, and legal disputes.

common law

A legal system grounded in judicial precedent, custom, and historical court rulings rather than solely on codified legislative statutes.

criminal law

The branch of law governing offenses against public order and society, defining conduct subject to state prosecution and punishment.

civil law

The system of law concerned with private relations and disputes between individuals or organizations rather than criminal offenses.

appellate jurisdiction

The authority of a higher court to review, modify, or reverse legal decisions and rulings made by a lower trial court.

Marbury v. Madison

The landmark 1803 Supreme Court case that established the principle of judicial review in the United States.

original jurisdiction

The power of a court to hear and adjudicate a legal case in the first instance before any other court reviews it.

amicus curiae brief

A legal document submitted to a court by an outside party not directly involved in the lawsuit to offer expertise, insights, or arguments relevant to the case.

rule of four

A Supreme Court convention requiring at least four of the nine justices to vote in favor of granting a writ of certiorari for a case to be heard.

briefs

Written legal documents submitted by attorneys to a court outlining the facts of a case, applicable legal theories, and relevant precedents.

writ of certiorari

A formal order issued by a higher appellate court directing a lower court to transmit the case record for review.

precedent

A prior judicial decision that establishes a principle or rule used by courts to resolve subsequent cases involving similar legal questions.

stare decisis

The legal doctrine compelling courts to stand by previously decided matters and respect binding precedent when deciding new cases.

judicial review

The power of the judicial branch to determine whether legislative statutes and executive actions align with the U.S. Constitution.

opinion

A formal written judicial explanation outlining the legal principles, factual findings, and reasoning underpinning a court's final ruling.