AP United States Government and Politics: Unit IV | Interactions Among Branches of Government

Advice and Consent

The authority of the United States Senate to approve or reject a presidential treaty or appointment.

Amicus Curiae Briefs

Legal documents submitted by a “friend of the court” (often organizations or individuals) to influence a court’s decision by raising additional points of view and presenting information not contained in the briefs of the formal parties. They play a crucial role in influencing judicial outcomes.

Appropriation

The act of Congress formally specifying the amount of authorized money that an agency can spend.

Appellate Jurisdiction

The authority of a court to review and make decisions on appeals from lower courts. It’s essential for ensuring that legal errors made in trial courts can be corrected, promoting fairness and justice in the judicial process. Courts with this (Courts of Appeals/State Supreme Courts) do not conduct trials; instead, they focus on examining the record from the lower court to determine if the law was applied correctly.

Balancing the Ticket

The practice of selecting a vice presidential candidate who complements the presidential nominee in terms of demographics, political experience, or regional appeal. This strategy aims to create a more appealing and well-rounded ticket to attract a broader range of voters and improve the chances of winning an election.

Ex: Male President (Biden) + Female Vice President (Harris)

Bully Pulpit

The informal power that the President of the United States has to advocate for their agenda and influence public opinion. This highlights the president's ability to communicate directly with the public, leverage media attention, and rally support for policies, making it a crucial tool in both governance and political campaigning.

Bureaucracy

A complex system of administration that manages and organizes government functions, typically characterized by a hierarchical structure and a set of formal rules and procedures. This structure plays a crucial role in implementing policies and ensuring the smooth operation of government services, making it essential to understand how it interacts with public perception and accountability.

Casework

The process by which legislators, or their staff, assist individual constituents (voters) with issues or problems they are facing. This can include helping navigate government bureaucracies, advocating on their behalf, or connecting them with resources and services.

Civil (Tort) Law

The legal framework that governs disputes and relationships between individuals, organizations, or the government, focusing on compensation and resolution rather than punishment.

Civil Service

The body of government employees who are hired based on merit and qualifications to perform various administrative functions in the public sector. This system is designed to promote professionalism and reduce political influence in government operations, ensuring that services are provided effectively and efficiently.

Class Action Lawsuit

A legal action where a small group of people sue on behalf of a larger group with similar grievances, streamlining litigation and potentially benefiting numerous individuals. 

Closed Rule

A procedural guideline used in the House of Representatives that limits debate on a bill and prohibits amendments from being made during the floor consideration. This rule is significant because it streamlines the legislative process by allowing for a quicker vote, while also ensuring that the original language of the bill remains intact without alterations.

Cloture

A legislative procedure used in the U.S. Senate to end a filibuster or bring a debate to a close, allowing for a vote on the matter at hand. Requires a specific number of votes to pass, which reflects the Senate's unique rules and structure that emphasize extended debate.

Coattail Effect

The tendency for a popular political party leader to attract votes for other candidates of the same party in an election. For example, the party of a victorious presidential candidate will often win many seats in Congress as well.

Committee of the Whole

The entire body membership sits as a single committee rather than in smaller, specialized committees. This is usually done to facilitate more informal debate or discussion of particular issues without the strict procedural rules that normally govern the main sessions. They can debate and amend the bill, but cannot formally pass it.

Concurring Opinion

A legal opinion written by one or more judges or justices who agree with the decision reached by the majority of the court but for different reasons. This type of opinion allows justices to express their individual reasoning and highlight specific aspects of the case that they believe are important, which may not have been fully addressed in the majority opinion. It can help clarify legal interpretations and influence future cases.

Conference Committee

A temporary joint committee formed by both the House of Representatives and the Senate to reconcile differences in legislation that has passed both chambers. This process ensures that a unified bill can be presented for approval to both houses, promoting legislative efficiency and cooperation. These committees are crucial for resolving discrepancies between House and Senate versions of a bill, which helps facilitate the legislative process.

Congressional Caucus

A group of members of Congress who come together to promote a common interest, goal, or legislative agenda. These groups are typically informal and can be formed by members of either the House of Representatives or the Senate, and they often span party lines.

Constituents

Individuals or groups that reside within a specific electoral district and are represented by an elected official.

Debt Ceiling

A legal limit set by the U.S. Congress on the total amount of national debt that the federal government can accrue. It acts as a cap on the government's ability to borrow money to fund its operations and pay off existing obligations. It currently stands at $36.1 trillion (as of Jan. 2, 2025).

Deficit Spending

The government spends more money than it receives in revenue over a specific period, leading to a shortfall that must be financed through borrowing. This financial imbalance can impact economic policy decisions, as governments may need to adjust spending or increase taxes to address the deficit.

Delegate Representation

A political theory in which elected representatives act as mouthpieces for the wishes and preferences of their constituents. This model emphasizes the idea that representatives should prioritize the desires of the people they represent, reflecting their views in legislative decisions rather than exercising personal judgment or discretion.

Discharge Petition

A legislative tool that allows members of the House of Representatives to force a bill or resolution out of a committee and bring it directly to the floor for a vote. This procedure bypasses the usual process where bills are reviewed and debated in committees before being brought to the full House for consideration.

Discretionary Authority

The power granted to government agencies to make decisions and take actions based on their expertise and judgment. This authority allows agencies to interpret laws, implement policies, and create regulations within certain guidelines, enabling them to adapt to changing circumstances and address specific situations effectively.

Discretionary Spending

The portion of the federal budget that is decided through the annual appropriations process in Congress. It’s not automatically set by law and can vary each year based on Congress's decisions.

Ex: Defense Spending (13%)

Dissenting Opinion

A statement written by one or more judges expressing disagreement with the majority opinion of the court. This type of opinion serves to highlight differing viewpoints and can provide important insights into legal reasoning and interpretations.

Divided Government

When one party controls the executive branch while another party controls one or both chambers of the legislative branch. This situation can lead to challenges in passing legislation, as the differing priorities and agendas of the parties may result in gridlock. It’s often a reflection of the broader political landscape and public sentiment, showcasing how voters can shift power between parties in response to various issues and events.

Electoral College

A unique system established in the U.S. Constitution for electing the President and Vice President, consisting of 538 electors who represent the states. This mechanism was created to balance the influence of populous states with less populated ones and reflects the compromise between direct popular voting and congressional selection.

Entitlements (Uncontrollable)

Government spending programs that are required by law to provide benefits to eligible individuals, and the amount spent on these programs is not easily adjusted or controlled by lawmakers in the short term. It’s obligated to pay benefits to individuals who meet the eligibility requirements, and the total amount of spending depends on the number of eligible recipients, which can vary from year to year.

Ex: Social Security, Medicare, Medicaid, Federal Pensions (64% of federal spending).

Executive Agreement

A binding international agreement made by the President of the United States without the need for Senate approval. This allows the President to negotiate and enter into deals with foreign nations on matters such as trade, military cooperation, or environmental protocols, thus exercising significant power in foreign affairs.

Executive Order

A directive issued by the President of the United States to manage the operations of the federal government. These carry the weight of law and allow the President to enact policies, direct government agencies, and address pressing issues without needing congressional approval.

Executive Privilege

The right of the President and other high-level executive branch officials to refuse to disclose information or to refuse to testify before legislative or judicial bodies. This concept is important for maintaining the confidentiality of sensitive communications and decision-making processes within the executive branch, which can affect the checks and balances in government, the powers of the presidency, and the legitimacy of judicial authority.

Filibuster

A legislative tactic used in the U.S. Senate to delay or block a vote on a bill or nomination by prolonging debate or using other procedural means. This strategy can be employed by a minority group of senators to protect their interests and influence legislative outcomes, often requiring a supermajority to end the debate and proceed to a vote.

Formal Powers

The explicit authority granted to an individual or office by a governing document or law, enabling them to make decisions and take actions within specified areas. The Constitution and various statutes define the responsibilities and limits of presidential authority, such as vetoing legislation, appointing federal officials, and conducting foreign policy.

Franking Privilege

The right of members of the U.S. Congress (both Senators and Representatives) to send official mail to their constituents free of charge. This allows lawmakers to communicate with the public, providing updates on their work, legislative activities, or other important matters, without having to pay for postage. The content must be nonpartisan and related to their official duties. There are also regulations on the frequency, timing, and types of materials that can be mailed using this privilege to ensure fairness and prevent it from being used for political campaigning.

Gerrymandering

The process of manipulating the boundaries of electoral districts to favor one political party over another.

Hold

An informal practice in the Senate where one or more Senators can block or delay a vote on a piece of legislation or a nomination. It allows a Senator to signal to party leadership or the majority that they object to the bill or nomination and want to delay or potentially block it from moving forward.

Impeachment

The process by which a legislative body, such as Congress, brings charges against a public official, including the President, for misconduct while in office. Congress has the constitutional authority granted to remove a sitting president, vice president, or other federal officials from office for committing 'high crimes and misdemeanors.' This process involves both the House, which has the sole power to impeach, and the Senate, which conducts the trial and decides whether to convict and remove the official from office.

Impoundment

The presidential practice of withholding or delaying the expenditure of funds that have been appropriated by Congress. The Budget and Impoundment Control Act (1974) aimed to restrict the president's ability to impound funds without Congressional approval.

Incumbency Advantage

The benefits that current officeholders have over challengers in elections, making it easier for them to win reelection. This stems from factors such as name recognition, established donor networks, and the ability to leverage their position to gain media attention and engage constituents.

Informal Powers

The authority and influence that government officials, particularly the president, hold due to factors not explicitly granted by the Constitution or law.

Ex: Bully Pulpit, Executive Agreements, etc.

Judicial Activism

The practice where judges take an active role in interpreting the law and making decisions that can create new legal precedents or change existing ones. This approach often leads to rulings that address social issues and promote justice, sometimes even stepping beyond traditional legal boundaries.

Judicial Restraint

A legal philosophy that encourages judges to limit the exercise of their own power and to uphold laws and precedents established by the legislative and executive branches.

Lame Duck

An elected official in the final period of their term, especially after a successor has been elected but before the successor takes office. This status often leads to decreased political power and effectiveness, as the outgoing president may face challenges in passing legislation or influencing the actions of Congress due to their imminent departure from office.

Legislative Oversight

Congress monitors, reviews, and supervises the actions of the executive branch and its agencies to ensure that laws and policies are being properly implemented.

Ex: Hearings/Investigations, Budget Control, Confirmation Process, Impeachment/Removal

Legislative Veto

Congress can override or reject actions or decisions made by the executive branch or federal agencies, even without a direct vote on a bill. Essentially, it allows Congress to disapprove of certain executive actions or regulations without passing a new law.

INS v. Chadha (1983): The Supreme Court ruled unconstitutional; violation of the Presentment Clause.

Congressional Review Act (1996): Agencies must submit new regulations to Congress, and if both houses of Congress pass a joint resolution of disapproval within a specified time frame (typically 60 legislative days), the regulation is invalidated. The president can either sign the resolution into law or veto it.

Line Item Veto

Rejecting specific provisions, or "lines," of a bill, typically related to government spending or budget items, while allowing the rest of the bill to become law.

Clinton v. New York (1998): Ruled unconstitutional; violation of the Presentment Clause

Logrolling

Legislators exchange support for each other's proposed legislation, helping to secure the passage of bills that may not have sufficient individual support. This tactic often leads to compromises and alliances among lawmakers, enabling them to advance their own interests while also helping others achieve their goals.

Majority Opinion

Judicial opinion agreed to by more than half of the members of a court, typically written to explain the reasoning behind the court's decision on a case.

Mandatory Spending

Government expenditures required by law, primarily for entitlement programs like Social Security, Medicare, and Medicaid, and are not subject to annual appropriations.

Mark Up

A congressional committee reviews, amends, and decides on a bill's content before it is presented to the entire legislative body for consideration.

Means Testing

Determines if a person or household is eligible to receive some sort of benefit or payment.

Medicaid

Health insurance for people at or below the poverty line.

Medicare

Health insurance for retired seniors 65 years and older.