Unit 8: The Legislative Branch - VOCAB

Congress

Bicameral

A legislature consisting of two houses or chambers (the House and the Senate)

Cloture

A Senate procedure used to end a filibuster; it requires a three-fifths supermajority (60 votes)

Committee of the Whole

A procedural device in the House where the entire membership acts as a committee to speed up the consideration of legislation

Constituents

The residents of a congressional district or state represented by an elected official

Discharge Petition

A rarely used House procedure that can force a bill out of committee and onto the floor for a vote if a majority of the House signs it

Divided Government

A situation where different political parties control the presidency and at least one chamber of Congress

Entitlement Program

A government program (like Social Security or Medicare) that guarantees benefits to a specific group of people who meet eligibility requirements

Filibuster

An informal term for any attempt to block or delay Senate action on a bill or other matter by debating it at length

Franking Privilege

The right of members of Congress to send mail to their constituents at the government's expense

Gerrymandering

The practice of redrawing legislative district boundaries to provide an unfair advantage to a particular political party or group (Shaw v. Reno)

Incumbent

The current holder of a political office

Logrolling

The practice of exchanging favors, especially in politics, by reciprocal voting for each other's proposed legislation (“vote trading”)

Omnibus Bill

A large bill that combines several smaller, often unrelated pieces of legislation into a single package to ensure passage

Pork Barrel Legislation

Laws passed by Congress that appropriate money for local federal projects to bring "tangible benefits" to a representative's district

Redistricting

The process of redrawing congressional district maps within a state to account for population shifts (done every 10 years: census)

Standing Committee

A permanent congressional committee that meets regularly to consider bills in a specific policy area

Speaker of the House

The most powerful position in the House, elected by the majority party. The Speaker sets the agenda, refers bills to committees, and influences committee assignments

President of the Senate

The Vice President holds this title but only votes to break ties. The Majority Leader is the Senate's true functional leader, guiding procedural strategy

Baker v. Carr (1962)

Established that redistricting is "justiciable" (courts can rule on it). It led to the "one person, one vote" principle, ensuring districts have roughly equal populations

Shaw v. Reno (1993)

Ruled that racial gerrymandering is unconstitutional under the 14th Amendment's Equal Protection Clause if race is the "predominant" factor in drawing the lines. Race-based districts are subject to "strict scrutiny."

Power of the Purse

Increasing or decreasing an agency’s budget based on its performance or compliance (appropriating increasing or withholding funds based on agencies performance)

Apportionment

The process of determining the number of representatives for a legislative body for each district or area. In the context of Baker v. Carr, the core issue was the failure to reapportion districts

Equal Protection Clause

A clause within the 14th Amendment that requires states to apply the law equally to all people. It was the constitutional basis for the ruling in Baker v. Carr (unequal districts denied equal protection) and was central to the debate in Shaw v. Reno (racial gerrymandering as a violation of equal protection).

Judicial Activism

A judicial philosophy where judges are seen as willing to overturn precedents and shape public policy, potentially at the expense of the other branches of government. The dissent in Baker v. Carr accused the majority of judicial activism for inserting the court into a political matter.

Judicial Restraint

A judicial philosophy arguing that policy decisions should be left to the democratically elected branches of government. Justice Frankfurter's dissent in Baker v. Carr is a classic example, arguing that the court should abstain from "political entanglements."

Justicable

A matter that is appropriate for a court to decide. The Supreme Court in Baker v. Carr ruled that apportionment challenges are justiciable, meaning they raise legal questions that courts can resolve.

Majority-Minority District

An electoral district in which the majority of the constituents are racial or ethnic minorities. The district in Shaw v. Reno was drawn specifically to be a majority-minority district to increase Black representation in Congress.

one person, one vote

The legal principle, established following Baker v. Carr, that legislative districts must be roughly equal in population. This ensures that every citizen's vote carries approximately the same weight.

Political Questions

A doctrine holding that certain issues should be resolved by the elected branches of government (the "political" branches) rather than the judiciary. Prior to Baker v. Carr, courts considered legislative apportionment to be a non-justiciable political question.

Voting Rights Act of 1965

A landmark federal law that banned discrimination in voting policies. A key provision required certain jurisdictions with a history of discrimination, including parts of North Carolina, to get federal approval ("preclearance") for any changes to their electoral procedures, including redistricting.