Unit 2: Interactions Among Branches of Government

Enumerated powers

Powers of the federal government that are specifically addressed in the Constitution; for Congress, these powers are listed in Article I, Section 8, and include the power to coin money, regulate its value, and impose taxes.

Implied powers

Powers of the federal government that go beyond those enumerated in the Constitution. The Constitution states that Congress has the power to "make all laws necessary and proper for carrying into execution" the powers enumerated in Article I. Many federal policies are justified on the basis of implied powers.

Necessary and proper clause

The final paragraph of Article I, Section 8, of the Constitution, which authorizes Congress to pass all laws "necessary and proper" to carry out the enumerated powers.

Checks and balances

A fundamental principle of American government, guaranteed by the Constitution, whereby each branch of the government (executive, judicial, and legislative) has some measure of influence over the other branches and may choose to block procedures of the other branches.

Bicameralism

A legislature divided into two houses; the U.S. Congress and the state legislatures are bicameral except Nebraska, which is unicameral.

Speaker of the House

The only officer of the House of Representatives specifically mentioned in the Constitution; elected at the beginning of each new Congress by the entire House; traditionally a member of the majority party and the chamber's most powerful position.

President of the Senate

The Constitution designates the vice president as the president of the Senate.

Senate Majority Leader

The elected leader of the party controlling the most seats in the House or Senate; is second in authority to the Speaker and in the Senate is regarded as its most powerful member; helps the Speaker schedule proposed legislation for debate on the House floor.

Filibuster

An attempt to defeat a bill in the Senate by talking indefinitely, thus preventing the Senate from taking action on the bill.

Cloture

Mechanism requiring 60 senators to vote to cut off debate; after a cloture motion has passed, members may spend no more than 30 additional hours debating the legislation at issue.

Holds

A tactic by which a senator asks to be informed before a particular bill is brought to the floor. This allows the senator to stop the bill from coming to the floor until the hold is removed.

Rules Committee

The "traffic cop" of the House that sets the legislative calendar and issues rules for debate on a bill.

Committee of the Whole

Sits on the floor; is directed by the chairman of the sponsoring committee.

Discharge petitions

A device by which any member of the House, after a committee has had a bill for thirty days, may petition to have it brought to the floor. If a majority of members agree, the bill is discharged for the committee.

Discretionary spending

A spending category through which governments can spend through an appropriations bill.

Mandatory spending

Those areas of the federal budget that must be enacted each year by law and are not dependent on annual review by committees of Congress.

Pork barrel legislation

Legislation that gives tangible benefits to constituents in several districts or states in the hopes of winning their votes in return.

Logrolling

Vote trading; voting to support a colleague's bill in return for a promise of future support; often takes place on specialized bills targeting money or projects to selected congressional districts.

Partisanship

Strong allegiance to one's own political party, often leading to unwillingness to compromise with members of the opposing party.

Gridlock

Term used to express concern over inefficiency in government which might result from Congress and the Presidency being controlled by members of different parties.

Gerrymandering

When districts have been drawn to the advantage of the dominant party in power in the legislature.

Divided government

The political condition in which different political parties control the White House and Congress.

Trustee

Role played by elected representatives who listen to the constituents' opinions and then use their best judgment to make final decisions.

Delegate

Someone who speaks or acts on behalf of an organization at a meeting or conference between organizations of the same level.

Politico

Role played by elected representatives who act as trustees or as delegates, depending on the issue.

Veto

Formal constitutional authority of the president to reject bills passed by both houses of the legislative body, thus preventing the bill from becoming law without further congressional activity.

Pocket veto

If Congress adjourns during the ten days the president has to consider a bill passed by both houses of Congress, the bill is considered vetoed without the president's signature.

Commander in Chief

The role of the president as supreme commander of the military forces of the United States and of the National Guard units when they are called into federal service.

Executive order

A rule or regulation issued by the president that has the effect of law. Executive orders can implement and give administrative effect to provisions in the Constitution, to treaties, and to statutes.

Signing statements

A written declaration that a president may make when signing a bill into law. Usually, such statements point out sections of the law that the president deems unconstitutional.

Nomination

The official endorsement of a candidate for office by a political party.

Confirmation

The authority given by the U.S. Constitution to the Senate to ratify treaties and confirm presidential cabinet, ambassadorial, and judicial appointments.

Treaty negotiation

Presidential power, to make written agreements with other nation-states.

Treaty ratification

Senatorial power, to give consent to a treaty proposed by the president.

22nd Amendment

Passed in 1951, the amendment that limits presidents to two terms of office.

Bully pulpit

The president's use of his prestige and visibility to guide or enthuse the American public.

Judicial review

A process that allows for the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judicial branch.

Precedent

A decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts.

Stare decisis

Latin for "let the decision stand." Supreme Court policy of following precedent in deciding cases.

Judicial activism

Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values.

Judicial restraint

Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say.

Patronage

Granting favors or giving contracts or making appointments to office in return for political support.

Civil service

A system of hiring and promotion based on the merit principle and the desire to create a nonpartisan government service.

Iron triangles

Mutually dependent relationship between bureaucratic agencies, interest groups, and congressional committees or subcommittees. They dominate some areas of domestic policymaking.

Issue networks

An alliance of various interest groups and individuals who unite in order to promote a common cause or agenda in a way that influences government policy.

Congressional oversight

Congressional review of the activities of an agency, department, or office.