Unit 2: Interactions among branches of government

What are enumerated powers

Enumerated powers are powers specifically listed in the Constitution for the federal government, primarily for Congress in Article I, Section 8 (taxation, declaring war, regulating commerce, etc), but also including some for the judicial branch in Article III (jurisdiction over certain types of cases, etc). They are also called expressed powers because they are clearly expressed in the Constitution.

What are exclusive powers

Exclusive powers are powers that belong to only one branch or one level of government, meaning no other branch or level can exercise them. For example only the federal government can create currency.

What are implied powers

Powers that are not listed in the Constitution but needed for the branches to carry out their powers. The basis for implied powers comes from the Necessary and Proper Clause (also known as the Elastic Clause) in Article I, Section 8 of the Constitution. For example, the Constitution explicitly gives Congress the power to “coin money” (an enumerated power). To effectively carry out this power, Congress has the implied power to establish a national bank.

What are reserved powers

Reserved powers are those kept by the states, as stated in the Tenth Amendment of the Constitution. These are powers not given to the federal government or not prohibited to the states. Examples include regulating education and issuing licenses. These powers allow states to govern themselves in areas not specifically controlled by the federal government.

What are concurrent powers

Shared between national, state and local governments. These include the power to tax and enforce laws. While both levels of government can exercise these powers at the same time, federal law typically takes precedence in case of conflict due to the Supremacy Clause.

What are denied powers

Denied to the national government, state governments or both. For example, the states cannot coin money.

What is bicameralism

Two legislative bodies in Congress - House and Senate.

How many House of Representative members are there

How long do they serve

How many Senators are there

How long do they serve

How old do you have to be to be an HOR member

A Senator

List some powers the legislative branch were given. The Power of the Purse (lay and collect taxes), make laws, declare war, coin money, regulate inTERstate commerce, the Senate can approve presidential appointments and ratify treaties, raise and support armies.

How are judicial appointments confirmed

The Senate confirms them with a simple majority.

What is the Speaker of the House

The presiding officer of the House of Representatives. They will (almost) always be a part of the majority party. They determine when a bill should be considered for a vote and preside over debate. The Speaker is also second in line to succeed the president, after the vice president.

What is the President of the Senate

What is the president pro tempore

What are Majority and Minority Leaders (in both chambers of Congress)

In the House, the majority/minority leaders are second to the Speaker of the House. They direct debates and guide their party members. In the Senate, the majority leader is the most powerful figure in the Senate, controlling the legislative calendar and negotiating key agreements. The minority leader works to challenge the majority’s agenda and influence legislation as best they can.

What are party whips

Enforce party discipline, make sure things are running smoothly and efficiently in their party in both chambers of Congress. They also try to determine how their party members will vote on key issues to inform the leadership and anticipate potential problems. They will work to convince undecided members or those straying from the party line to vote with the party.

What is a standing committee

Permanent committees split into different groups such as Banking, Foreign Relations, etc. They play a key role in the legislative process by reviewing, amending, and sometimes rejecting bills before they reach the full chamber. Most of Congress’s work is done in these committees.

What are select committees

Not permanent, created for a specific purpose, usually because the purpose doesn’t fall into one of a standing committee, and then dissolved. Sometimes they investigate allegations made towards a member of the executive branch. For example, the Jan.6 committee is a select committee that investigates the capitol attacks on January 6.

What are joint committees

Permanent committees that contain both House members and Senators. They take care of tasks that involve both chambers. For example, one joint committee includes the Joint Committee on the Library which oversees the Library of Congress.

What are conference committees

Conference committees are temporary committees made up of members from both the House and Senate. They work to resolve differences between House and Senate versions of the same bill. Once the conference committee reaches an agreement, the revised bill goes back to both chambers for a final vote.

What is the rules committee

Decides the rules of debate for the House after a bill is shown by a standing committee. The rules placed will significantly affect the chances of the bill being passed. It is important to note that the HOR has stricter rules of debate compared to the Senate.

What are constituents

The people that a person who holds office represents. For example, Elizabeth Warren’s constituents are the people of Massachusetts as she is a Senator representing Massachusetts (as of when I am writing this).

What is a coalition

When many groups of people work together for a common end goal in politics. In Congress, coalitions are often formed across party lines to pass legislation or push specific agendas. Coalitions can be temporary or long-term, depending on the issue at hand.

What is a filibuster

A practice in the Senate where a Senator can speak for unlimited amounts of time to extend a debate, to delay, or block a vote. You might have heard about a filibuster being used when Ted Cruz spoke for 21 hours to defund the Affordable Care Act. A video of him reading Green Eggs and Ham during the filibuster went around social media.

What is cloture

How many are needed for a cloture

What is a hold

A hold is an informal practice in the Senate where a senator informs their party leader that they object to a particular bill or other measure reaching the floor for consideration. Traditionally, this objection was often kept anonymous. While a hold doesn’t permanently kill a bill, it can create significant obstacles. The Senate often operates on unanimous consent, meaning that if even one senator objects, the Senate can’t proceed with a particular action. A hold signals to the leadership that there isn’t unanimous consent.

What is a discharge petition

They require a majority of House representatives, and it would bring a bill from the standing committee on the floor for a vote. This is typically used when a bill is stalled in committee but has broad support in the chamber.

What is a unanimous consent agreement

A way to speed up the legislative process by setting aside some of the chamber’s normal rules. It’s an agreement on how a particular bill or other matter will be debated, amended, and voted on. All Senators must agree before proceeding.

Which chamber has stricter rules for debate

House. Because the House is larger, with 435 members, strict rules are necessary to manage time and ensure efficiency.

What are earmarks

Provisions added to bills, often spending bills, that direct funds to specific projects, organizations, or locations, typically within a member’s home district or state. Though controversial, earmarks are used by members of Congress to bring federal money to their constituents and gain political favor.

What is logrolling

Congressmen vote for each other’s bills for returned support. (If you help me, I’ll help you)

What is pork barrel spending

Pork barrel spending refers to government spending for localized projects secured primarily to bring money to a representative’s district. It’s often criticized as wasteful or politically motivated, since the projects may serve more to boost a politician’s popularity than to address national needs.

What is mandatory spending

Spending that must happen by law (social security, medicare). Congress cannot easily cut this spending.

What is discretionary spending

Congress can adjust this each year through the appropriations process. For example, the amount spent on national defense varies yearly.

What is the delegate model of representation

Representatives use their constituents’ views only to vote on a bill.

What is the trustee model of representation

Representatives use their own judgment to vote on bills.

What is the politico model of representation

A combination of delegate and trustee. Representatives use their own judgment on bills that may not be as popular, and their constituents’ judgment on bills that they have a strong opinion on.

What is gerrymandering

Manipulation of district boundaries to benefit a particular political party. By drawing districts in odd shapes, politicians can concentrate or divide voters to influence electoral outcomes.

What is a divided government

When the Presidency is controlled by one party while at least one chamber of Congress is controlled by the other party. This often leads to conflict, slower legislative progress, and greater need for negotiation and compromise.

What is a unified government

When the Presidency and both chambers of Congress are controlled by the same political party. In this situation, the government can usually pass legislation more efficiently.

What is gridlock

Disagreement/fighting and it’s hard to get laws passed. Most common during divided government and leads to political stalemate, where little to no legislative progress is made.

What does partisan mean

To be biased towards one party. This has increased in recent decades, contributing to polarization and gridlock in Congress.

How often do we redistrict

Every 10 years.

What is the Vesting Clause

Establishes the executive branch and the President of the US.

Define the following presidential powers and state if they are formal or informal.

Veto Power: Formal - When the president rejects a bill passed in both houses of Congress, they have used their veto power. When the president doesn’t reject it, but doesn’t sign it for 10 days it dies as a pocket veto (Congress must be adjourned). Congress can override a veto with a two-thirds majority in both chambers. However, this is very hard to do because of the significant majority needed and rarely happens.

Make treaties: Formal - The President can make treaties with other nations with the Senate’s 2/3s approval.

Commander in Chief of military: Formal - Manage military operations (Only Congress can declare war)

Executive orders: Informal - Allows the president to pass orders to implement policy without congressional approval

Executive agreements: Informal - Allows the president to have agreements with other countries similar to treaties without senate approval

Signing Statements: Informal - Presidents write these to describe how they interpreted the law when signing it. Though not legally binding, they can influence how laws are implemented.

What is the State of the Union Address

A yearly address the president makes to tell congress what they would like to see happen in relation to law/policy. The president can also talk about the administration’s accomplishments. It is constitutionally required.

What is the bully pulpit

The President’s ability to use the public to further their goals. Theodore Roosevelt came up with the term.

Why don’t presidents always use executive orders and agreements

Executive orders and agreements can be replaced by other presidents. Hence, it is a temporary solution that is easily changed when a president from another party comes in.

What is the cabinet

What are some of the departments called

Can the President introduce legislation to Congress

No. Only members of congress can introduce legislation.

What is the War Powers Act

Limited the President’s power in regards to military power. It requires the president to notify Congress within 48 hours of deploying troops and limits military engagement to 60 days (plus a 30 day withdrawal period) without congressional authorization.

What is the Judiciary Act of 1789

Established the lower federal courts beneath the Supreme Court. It organized the federal judiciary system, created district and circuit courts, and laid the foundation for the federal court structure we have today.

What is judicial review

The power of the judicial branch to rule a law/executive order/etc unconstitutional. This power was established in the landmark case Marbury v. Madison.

What is judicial independence

Judicial branch should be independent from political pressure to remain fair. This is supported by life tenure and protections against salary reductions, ensuring that judges can rule based on the law and Constitution alone without outside political pressure.

What is judicial activism

Taking a more active role in interpreting the Constitution, often considering modern circumstances and striking down laws they find unconstitutional. Liberals and Democrats tend to prefer judicial activism in the courts.

What is judicial restraint

Avoiding striking this down as unconstitutional unless it is an extremely clear violation. This is the opposite of judicial activism. Republicans and Conservatives tend to favor judicial restraint.

Who is John Marshall

Fourth Chief Justice of the United States Supreme Court. Known for strengthening the power of the federal government and the judiciary, most notably by establishing the principle of judicial review in Marbury v. Madison.

How long do justices on the Supreme Court serve

For life or until they choose to retire.

What is precedent

The act of following previous rulings to remain constant. Also, lower courts follow higher court decisions. Courts often rely on precedent to ensure consistency and stability in the law.

What is stare decisis

Latin term meaning “let the decision stand.” Doctrine that describes precedent.

What is original jurisdiction

authority of a court to hear a case first, before any other court. The Supreme Court has original jurisdiction in certain cases, such as those involving disputes between states or foreign diplomats.

What is appellate jurisdiction

power of a court to review and revise the decision of a lower court. Most cases heard by the Supreme Court come through its appellate jurisdiction.

What is amicus curiae

It is Latin For “Friend of the court” refers to an individual or an organization being able to submit their argument/brief, offering additional information and arguments.

What is a writ of certiorari

It is a formal request form a higher court review decision made by a lower court.

What are court curbing measures

Ways that the president or congress could limit the impact of the ruling. Congress holds the power to determine the jurisdiction of the lower federal courts and, to some extent, the appellate jurisdiction of the Supreme Court. The President can nominate judges. Although the President cannot legally ignore the Supreme Court’s ruling, the degree and speed with which an administration carries out a ruling can vary, potentially affecting its impact.

Who can establish or abolish lower courts

Congress.

What is the Rule of Four

4/9 of the Supreme Court Justices agree for the court to take a case.

What is the bureaucracy

The network of federal agencies and departments responsible for implementing and enforcing laws passed by Congress. It includes civil servants and political appointees who work within executive branch agencies to carry out government policy.

What makes up the iron triangle

When an interest group, congressional committee, and the bureaucracy work together to achieve a policy goal. Eventually, all three groups benefit somehow once successful. Typically, an interest group will offer electioneering support for Congress members and will put specific bureaucratic agencies/heads in a positive light if they imply positive regulations and rule to their liking and if Congress members fight for their cause in Congress.

What is compliance monitoring

Compliance monitoring is when governmental and executive agencies make sure that local corporations and individuals are following the enforced regulations and rules set by the bureaucratic agencies.

What is the spoils system

Who started it

What is the merit system

What did it do

What is an interest group

What are some examples

What are issue networks

Groups of interest groups, congressional staff, the media, etc. They are less structured and want to promote a common agenda.

What is discretionary authority

The power delegated to bureaucracy by Congress to interpret laws and take actions not explicitly detailed in the legislation. This allows agencies to use their expertise and judgment to fill in the gaps and make decisions on how to best implement the broader goals of a law.

What is rule making authority

Power delegated by Congress to administrative agencies to create specific rules and regulations that have the force of law. These rules help to clarify and implement broader legislative mandates.

List some ways Congress can use oversight to oversee the bureaucracy

Using police/fire alarm oversight, asking them to testify for committee hearings, and confirming heads of departments.

What is fire alarm oversight

A response by Congress when something big happens in federal departments where they ask heads what happened and interrogate them on the situation. For example, when there was a plane accident in DC, the heads of the FAA (Federal Aviation Administration) were interrogated on the specific policies and situation immediately after the incident.

What is police patrol oversight

Congress regularly checks in with heads of executive and governmental agencies to ensure that they are working correctly and doing what they are supposed to.