AP U.S Government and Politics: Unit 2- Interactions Among Branches of Government

Marbury v. Madison (1803)

• Facts: During the last hours of John Adams presidency, he appointed many judges to frustrate his successor, Thomas Jefferson. William Marbury was one of the appointed judges, however he did not receive his commission because Jefferson ordered his secretary of state, James Madison, not to deliver it. Because of this, Marbury sued and asked SCOTUS to write him a writ of mandamus, which would legally require Madison to deliver him his commission.

• Holding: 4-0 for Madison, the writ of mandamus would not be ordered. Despite this, the ruling created a middle ground between both sides.

• Constitutional Principles

• Judiciary Act of 1789: This is the act which justified a writ of mandamus to be issued. In this ruling, the act was deemed unconstitutional as it attempted to give SCOTUS original jurisdiction in a way that contradicted the Constitution

Judicial Review: Since the Constitution is the supreme law of the land, this case established judicial review, which is the Courts power to strike down laws that they deem unconstitutional.

Baker v. Carr (1962)

• Facts: Charles Baker who lived in Shelby County, Tennessee, sued because the state hadn’t redrawn its legislative districts since 1901. Since then, Tennessee's population had changed significantly, resulting in urban and rural areas having the same amount of representatives. This led Baker to believe that the malapportionment diluted the worth of his vote and violated the Equal Protection Clause. The state argued that redistricting was a political issue that was not able to be resolved by the Court.

• Holding: 6-2 in favor of Baker, as redistricting is not solely a political question

• Constitutional Principles:

14th Amendment’s Equal Protection Clause: This clause allows citizens to challenge unfair districting because it affects whether they are equally represented, which they have the fundamental right to.

Shaw v. Reno (1993)

• Facts: After the 1990 census, North Carolina gained a 12th seat in Congress. After the Attorney General rejected a plan with one majority African American district, the state submitted a second plan with two, The district they created was nearly 200 miles long and extremely narrow, the shape connecting dispersed populations of African Americans. A group of white residents (led by Ruth Shaw), sued, as he believed this was an example of racial gerrymandering to ensure the election of black representatives.

• Holding: 5-4 in favor of Shaw, this was an example of unconstitutional gerrymandering.

• Constitutional Principles

• 14th Amendment’s Equal Protection Clause: any government action decided solely on race was suspect

• Strict Scrutiny had to be brought upon the situation because the shape of the district being so unusual could only be explained by race and nothing else

Congress

A bicameral (two chambers): the House of Representatives and the Senate. Both chambers share legislative power, but differ in structure, powers, and how they operate.

The House of Representatives

Only they can introduce bills related to taxes and government revenue.

The Senate

approves or rejects treaties negotiated by the executive branch.

Congressmen/Congresswomen

Representatives are elected to a 2-year term serving the people of a specific congressional district

Representatives introduce bills & resolutions, offer amendments & serve on committees

The # of representatives is 435

The # of representatives per state is proportionate to population

Senators

They are elected to a 6-year term

Every two years approx. 1/3rd of the them face election or reelection

Has the sole power to confirm those of the President's selections (to the Cabinet, Supreme Court, ect.) and to provide advice and consent to ratify treaties

Enumerated Powers

are the powers granted to the Federal government, and specifically Congress.

Exclusive Powers

powers that are held solely by either federal or state gov’ts. They cannot be exercised concurrently by both levels of gov’t.

Power of Congress

who is able do declare war?

Constitutional Qualifications: The House

Must be at least 25 years of age

Must be a U.S. citizen for at least seven years

Must be considered a consistent inhabitant of the state that he or she will be representing

Constitutional Qualifications: The Senate

Must be at least 30 years of age

Must be a U.S. citizen for at least nine years

Must have consistent residency in the state a senator represents at time of election

Electing Congress

All eligible voters within a state may vote.

A Representative is elected by only those eligible voters residing in the congressional district that the candidate will represent

Election winners are decided by the plurality rule

That is, the person who receives the highest # of votes wins

Steps In Creating A Law: #1

bill is introduced in either chamber of Congress by a senator or representative who sponsors it

Steps In Creating A Law: #2

Bill is then assigned to a committee whose members will research, discuss, & make changes to it

Steps In Creating A Law: #3

The bill is then put before that chamber of congress to be voted on.

Steps in Creating A Law: #4

If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, & voting

Steps In Creating A Bill: #5

Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same exact bill and, if it passes, they present it to the president

Steps In Creating A Law: #6

The president then considers the bill. The president can approve the bill and sign it into law or not approve (veto) a bill

The Speaker of the House

acts as leader of the House & combines several roles

Majority & Minority Leaders

represent their parties on the House floor

Whips

assist leadership in managing their party's legislative program on the floor

House Majority

Political party with the most representatives in the House.

Caucus/Conference

Meeting of all members in the House. During these meetings, party members discuss matters of concern. The majority party members & the minority party members meet in separate caucuses to select their leader. 3rd parties rarely have had enough members to elect their own leadership, & independents will generally join one of the larger party organizations to receive committee assignments

House Committees

Considers bills & issues & recommends measures for consideration by the House - monitors activities

Commitee of the Whole House

a committee of the House on which all representatives serve and which meets in the House Chamber for the  consideration of measures from the Union calendar (Revenue & Spending)

Committee Size

Each committee’s size & the proportion of Republicans to Democrats must be decided by party leaders

Oversight

Committees hold hearings, subpoena witnesses, and investigate executive agencies

Committee Chair

acilitates the actions of the committees

Expertise

Members specialize in areas important to their constituents or party.

Standing Committees

Committees that are permanent, handle specific areas of policy

Select Committees

Committees that are temporary, created for a specific investigation or issue

Joint Committees

Committees that include members from both chambers

Conference Committees

Committees that resolve differences between House and Senate versions of a bill

The Delegate Model

“Voice of the People”

Under this model, representatives act as mouthpieces for their constituents. They vote & advocate based on what the majority of their voters want, regardless of their own personal beliefs/opinions.

The Trustee Model

In this model, legislators act based on their own knowledge, expertise, & conscience (even if their constituents disagree). They believe they were elected to make informed decisions in the best interest of the public, not echoing opinion.Using their judgment to the greater good.

The Politico Model

model where legislators balance their own judgment with their constituents’ wishes. They may act as a delegate on high-profile or controversial issues where public opinion is strong, and as a trustee on less visible or more complex matters where they have more expertise.

The Partisan Model

Model in which legislators make decisions primarily based on their political party’s platform and leadership direction. They believe that party unity is essential for effective governance, especially in passing legislation and maintaining party control

Divided Government

exists when one political party holds the presidency, while the opposing party controls at least one house of Congress.

Logrolling

he political practice of trading favors to gain support for personal legislation.

It is often most effective when legislators are free from tight party control and focused on local rather than national issues.

Explicit Logrolling

2 legislators agree to vote for each other's bills.

Implicit Logrolling

To avoid the political risk of a visible deal, lawmakers combine multiple provisions into a single large or "omnibus" bill. These large bills may include many provisions that would not have passed on their own, but when combined, they attract enough different interests to form a majority.

Redistricting

The process of redrawing the boundaries of congressional and state legislative districts, usually done every 10 years after the U.S. Census to reflect population changes. It determines how communities are grouped for representation and can significantly impact election outcomes.

Gerrymandering

The manipulation of district boundaries by state legislatures to give one political party an unfair advantage over others. Techniques to do this include cracking and packing

Cracking (Gerrymandering Technique)

splitting up voters of one group across districts to dilute their power

Packing (Gerrymandering Technique)

concentrating one group into a single district to reduce their influence elsewhere.

Representation

The idea that elected officials act on behalf of the people who elected them, making laws and decisions that reflect their constituents’ interests, needs, or values. It is the foundation of democracy—it ensures that the voices of the people are heard in government.

The Office of the President

The power of the Executive Branch is vested in this role, who also acts as head of state and Commander-in-Chief of the armed forces.

They are responsible for implementing and enforcing the laws written by Congress and, appoints the heads of the federal agencies, including the Cabinet.

Requirements for Presidency

you must be…

A natural born citizen

35 years old

A US resident for 14 consecutive years

The Cabinet

a senior advisory and decision-making body consisting of top-level government ministers, secretaries, or officials, typically led by a prime minister or president. They formulate policies, coordinate government departments, and manage executive administration. VP is the head

Military

Defense of the state(s) against internal/external armed threats

Enforce Laws

A Presidential power of ensuring that federal laws are faithfully executed.

Pardons

A presidential power involving grant reprieves and pardons for federal offenses.

Signing a Bill

a legislative power of the President. If they agree with a bill they sign it, then it becomes law.

Veto

A legislative power of POTUS. If a president does NOT agree with a bill they can veto and sent it back to congress. (Formal)

Formal Powers

Enumerated Powers

Informal Powers

Implied Powers

Pocket Veto

POTUS legislative power. an indirect veto of a bill by retaining the bill unsigned until it is too late. (Formal)

Signing Statements

A statement which allow the president to express their interpretation of the bill, highlight constitutional concerns, or direct executive agencies on how to implement/ enforce the new law. (Informal)

Commander-in-Cheif

A presidential military power. Leads the military; can deploy troops without war declaration but must follow War Powers Resolution (1973) which limits the President's ability to commit troops to armed conflict (Formal) President must inform congress w/in 48 hrs. If congress doesn’t approve within 60 days, troops have 30 days to withdraw.

Commission Officers

a military officer who has received an official appointment to a specific role. (Formal)

Negotiate Treaties

A foreign policy power of POTUS. The formula agreements between two or more parties that once signed is legally binding to both parties. (Formal).Must be ratified by ⅔ of the Senate

Diplomatic Recognition

Foreign Policy power of the POTUS. Determines if new nations or governments will be recognized by the U.S.

Executive Agreements

International pact between the U.S. President and foreign leaders.

Executive Orders

directives with the force of law, used to take immediate action without congressional approval. (Informal)

Pork Barrel Legislation

government spending for localized projects, often unnecessary, designed to secure political support and constituent favor

Bully Pulpit

the president’s ability to use the prestige and visibility of the office to shape public discourse and pressure lawmakers

Who Requires Senate Confirmation

Cabinet Members, Ambassadors, White House Staff, and Federal Judges

“Advice and Consent” Power

The Constitution gives the Senate the ability to approve or reject nominees. While some confirmations are smooth, others spark major conflict—especially during divided government.

Senate Conformation

A legislative check on the executive branch. The president nominates people for key roles in government however, many of these choices must be approved by the Senate. This ensures nominees align with both executive needs and congressional oversight. It can also create potential conflict between the two branches. Involves reviewing the appointments qualifications, political views, and public acceptability.

Who Doesn’t Require Senate Confirmation

White House Staff and Political Appointees

Political Appointees

Most staff within the Executive Office of the President (EOP) are appointed without needing Senate approval and serve at the President's pleasure.

White House Staff

Senior advisors, press secretaries, and other aides who work directly for the President.

Components of the Bully Pulpit

Personal appeals & lobbying to influence lawmakers

Public speeches (State of Union) to shape opinion & pressure Congress

Coalition-building across party lines to pass legislation.

Framing issues that aligns w/ POTUS agenda

Mobilizing public opinion in favor of or against legislative proposals

Challenging Congress indirectly by rallying voter support

Influencing the media narrative on key policy concerns

The State of the Union Address

a constitutionally required speech where the president reports on the nation's condition and proposes key policy ideas. It usually takes place in January or February before a joint session of Congress. Originally just a written report to lawmakers, it has evolved into a nationwide televised address, allowing the president to speak directly to the American people.

Judicial Review

The power of the courts to declare a law, presidential action, or regulation unconstitutional.

Legal Precedent

the principle that past judicial decisions guide future rulings. Courts, especially appellate courts, look to how similar cases were decided to ensure consistency and stability in the law.

Judicial Restraint

The belief that courts should limit their own power by deferring to the decisions of elected branches. Judges should avoid making policy and only strike down laws when they clearly violate the Constitution. Favor upholding precedent and deferring to past decisions.

Judicial Activism

The belief that judges should actively interpret the Constitution in light of contemporary values and social needs. This may involve overturning precedent or striking down laws to expand rights or address injustices—especially when protecting minority groups. May be more willing to overturn precedent to address perceived injustices or societal changes.

Court Curbing

efforts by Congress or the President to reduce the power, authority, or influence of the federal courts, usually in reaction to controversial decisions or perceived judicial overreach. includes presidential appointments, jurisdiction stripping, constitutional amendments, and executive non-compliance or delay

Jurisdiction Stripping

Congress can use its constitutional power to limit types of cases federal courts are allowed to hear.

Executive Non-Compliance or Delay

Presidents may resist or slow the enforcement of certain rulings.

Confirmation Power

The Senate plays a crucial role in shaping the judiciary by confirming or rejecting presidential nominees to the federal bench. Legislative check on judiciary

Impeachment

Federal judges, including Supreme Court justices, can be removed from office through impeachment for committing “high crimes and misdemeanors.” Legislative check on judiciary

Legislative Overrides

Congress can pass new laws that respond to or clarify the Court’s rulings, changing how those decisions are applied. Legislative check on judiciary

Stare Decisis

Courts follow precedent to maintain consistency/ credibility, though they can overturn past decisions in some cases.

Reliance on Lower Courts

SCOTUS depends on lower federal/state courts to carry out rulings, which can lead to inconsistency or delays.

No Enforcement Power

The judiciary cannot directly enforce its decisions. It relies on the executive branch/public to comply.

Legitimacy and Public Trust

The Court’s authority is tied to its perceived impartiality. If seen as overly partisan, its decisions may lose influence and face greater resistance.

Legislative Revisions

Congress can pass new laws that alter how a ruling is applied or address gaps highlighted by the Court. A state check on the judiciary

Implementation Resistance

State governments and officials may delay or resist enforcing rulings, as seen in Worcester v. Georgia.

Judicial Structure Changes

Congress has the authority to adjust the size/jurisdiction of federal courts

Bureaucracy

he federal bureaucracy is the system of agencies, departments, commissions, and staff that operates under the executive branch to implement and enforce federal laws and policies. They serve as government corporations

Federal Bureaucracy

operates under the executive branch, though Congress plays a major role in its creation, oversight, and funding.

Bureaucrats

unelected officials, but they hold real power through the enforcement of laws & regulation.

Issue Networks

temporary coalitions of interest groups, media, Think tanks, bureaucrats, and lawmakers working on a specific issue (e.g., climate change or internet regulation). Less rigid than iron triangles—more like policy “teams”

Merit System

Bureaucrats are hired based on qualifications, exams, and experience, not political connections. Promotes professionalism, neutrality, and specialization.

Political Patronage

Giving jobs to political supporters or allies. Largely replaced by the merit system after reforms like the Pendleton Act (1883).

Hatch Act 91939)

Limits certain political activities of federal employees and local government employees who work in connection with federally funded programs. ​The law’s purposes are to ensure that federal programs are administered in a nonpartisan fashion, to protect federal employees from political coercion in the workplace, and to ensure that federal employees are advanced based on merit and not based on political affiliation.​​​​ ​​