Chapter 5 Interactions Among Branches of Government

Congress

The bicameral legislature for writing laws

House of Representatives

A 435-member house with members apportioned by each state’s population

Senate

A 100-member house with 2 members per state

Census

A survey taken every 10 years to count population and determine the number of congressional districts each state has

Redistricting

The redrawing of district boundaries to ensure each district has an equal population, done by state legislature

Gerrymandering

Drawing district boundaries to give the majority party a future advantage

Baker v. Carr (1962)

Charles Baker sued Tennessee for not redrawing its state legislative districts because his county’s population had grown but not gained representation, violated 14th Amendment

Shaw v. Reno (1993)

White voters living in North Carolina’s 12th district sued the state for gerrymandering to isolate African Americans into the 12th district, violated equal protection clause because the state was using racial bias in redistricting

Voting Rights Act of 1965

Encouraged state to increase minority representation Congress

Hijacking

Redrawing two districts in a way that forces two incumbents to face each other in a single district

Kidnapping

Moving an incumbent’s home into another area after redistricting

Taxing and spending clause (Article I, Section 8, Clause I)

Gives Congress much control over budgetary spending

Power of the purse

Gives Congress power to influence others by preventing access to funds or addint conditions

House of Ways and Means Committee

Oversees spending laws and taxing

Delegate model (representational view)

Congress members consider themselves delegates who mirror the views of their districts

Trustee model (attitudinal view)

Congress members consider themselves trustees who should think about constituents’ views but use their judgement when making decisions

Bill sponsor

A Congress Member who proposes a bill

Rules Committee (House)

Determines how long a bill will be debated and whether open or closed rules are used for amending

Open rules

Allow amendments; decided by Rules Committee

Closed rules

Forbid amendments; decided by Rules Committee

Filibuster

Used to delay bill’s vote and tie up Senate’s work, usually by a senator making a very long speech

Cloture

The vote which is the only way to end a filibuster, required votes of 60 Senate members

Riders

Amendments that are not relevant to a bill

Pork barrels

Riders created to get money to a home state

Earmark

Provisions in legislation that allot money to a project, not allowed by House

Conference committee

Temporary committees made up of members from committees of both houses who wrote a bill, try to create compromise bills and submit to both houses

Pocket veto

A veto which occurs if president doesn’t sign a bill into law and congressional session ends during 10 days

Line-item veto

The ability of a president to veto certain parts of a bill, struck down by Supreme Court

Committee chair

A member of the majority party and oldest/most experienced member of majority party

Markup sessions

A meeting in which committees amend and rewrite parts of bills after investigations

Pigeonholed

A bill stuck in committee

Discharge petition

The way to force a bill out of committee for a floor vote

Standing committee

Permanent, specialized committee

Joint committee

A committee made of members of both houses, normally used for investigations or communicating with the public

Select committee

Temporary committee created in each house for a special reason, usually carry out investigations to write special bills

Speaker

The leader of the house, chosen by majority party in an election; directs floor debate, has influence over committee assignment and Rules Committee

Majority leader

The member of the majority party who is in charge of party members and determines party policy and agenda

Minority leader

The member of the minority party who is in charge of party embers and determines party policy and agenda

Whips

Help leaders keep members loyal to agenda, coordinate members, and get support for legislation

President of the Senate

Vice president, only votes to break a tie

President pro tempore

Temporary Senate president when the vice president is absent; mostly honorary position given to most senior member of majority party

Logrolling

Congress members agreeing to help each other by voting for each other’s bills

Jawboning

President trying to influence voting on a bill

Divided government

When the president and majorities in houses are not from the same political party

Unified government

When the house majorities and the president are from the same political party

Bully pulpit

Authority given to the president that lets them speak with the American people and pressure Congress

Literalist doctrine

The idea that the president only has the powers listed in Article II of the Constitution and should not use power that is not granted

Stewardship doctrine

The idea that the president has the ability to use power in multiple ways and arenas; free to use any power not denied to them by the Constitution; increases power of president

Unitary executive theory

The idea that gives executive branch nearly unlimited power to develop any policy that is necessary

Chief of staff

Top aid to the president; very trustworthy and known for a long time; considered extremely powerful, manages Executive Office, controls access to president (+ information received by president)

National Security Counsel (NSC)

Headed by national security advisor, direct access to president in situations related to the military or foreign policy; involved during national emergencies, free from congressional oversight, favored by president

Domestic Policy Counsel

Helps the president create policies related to agriculture, education, energy, natural resources, drug abuse, crime, health, the economy, and welfare

Office of Management and Budget (OMB)

Prepares US budget and used to control/manage executive agencies; very powerful because it is able to fund cabinet departments and control the department’s effectiveness

Council of Economic Advisors

Helps the president make economic policy; made of economists to advise president

US trade representative

Negotiates trade and tariff agreements with help from the White House

Cabinet secretary

The head of one of 15 cabinet departments appointed by president and approved by Senate; can be dismissed by president, runs department and carries out policies

Impeachment

Gives Congress the ability to remove president for crimes; House brings charges/impeaches by majority vote, Senate holds trial if impeachment passes with 2/3 vote to remove president

Substantive due process

Whether laws are fair

Procedural due process

Whether laws are applied fairly

Grand jury

24-48 jurors who decide whether or not a trial should begin

Petit juries

12 jurors who decide if the accused is guilty/innocent (verdict)

Supreme Court

Hears appeals of cases dealing with the constitution from Circuit Courts and suits between states or cases involving foreign ministers

Federal District Court

Inferior to Supreme Court, civil and criminal cases in original jurisdiction

Circuit Court of Appeals

Hear cases on appeal from Federal District Courts or state Supreme Court; someone must claim that a federal constitutional right has been violated; decide issues of law and not fact

Justiciable cases

Cases that involve an actual legal dispute

Brief

Summary of an argument

Amicus curiae briefs

Efforts from interest groups to sway justices, can be very influential

Soliciter general

Second-ranking member of the justice department who often makes appearances before high court and argues on the government’s behalf

Unanimous opinion

All justices agree, carries the most force in future legal cases

Majority opinion

The opinion with the most votes, decides the case

Concurring opinion

Justices may vote with majority but take issue with legal reasoning

Dissenting opinion

Written by justices in the minority questioning the winning side

Joint Chiefs of Staff

The group of uniformed chiefs of staff of each military service who work together to carry out defense policy and report directly to the president and secretary of defense

Independent agencies

Generally normal bureaucracies with presidential oversight

Regulatory agencies/independent regulatory commissions

More independence, agencies which act as watchdogs over federal government without Congressional/presidential interference

Quasi-legislative agencies

Independent agencies who fill in gaps and write rules

Quasi-judicial agencies

Non-judicial agencies which interpret law, enforce rules, and punish violators

Board of Commissioners

Panels of administrators who run regulatory agencies appointed by president with Senate approval whose terms overlap presidential term

Iron triangle

Informal alliance made of three groups: particular industry + lobbyists, congressional committee dealing with that industry, and the agency that is affected

Alliance/issue network

A close working relationship formed when issues affect many groups by pro/con coalitions of interest groups, Congress members, and bureaucrats

Deregulation

Removing government restrictions and regulations

Civil service system

Office of Personnel Management is bureaucracy’s employment agency, administers civil service examination, publishes job opening lists, and hires based on merit