AP NSL Unit 2: Interactions Among Branches of Government

bicameralism

Type of legislature that is divided into two separate houses, (Our case is House of representatives and the senate)

House constituency

a body of citizens entitled to elect a representative (people in individual districts)

Senate constituency

2 for each state

Senate’s chamber size and formality of debate

100 people

Any representative can hold a filibuster for a bill (holds the bill) only thing that can end a filibuster is a vote for cloture (60 Senators) or an agreement is made

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Informal action where any senator can stop floor consideration of measures or matters that are available to be scheduled by the Senate.

House’s chamber size and formality of debate

435 people

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The rules committee is responsible for the rules under which bills will be presented to the House of Representatives.

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A discharge petition is where any house member can have a bill discharges from consideration by the committee (Needs majority vote) (also can only be used after 30 days of the bill being in a standing committee)

Senate Leadership

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House Leadership

Powers specific to the Senate **Article I**

Power to confirm those of the President's appointments that require consent, and to provide advice and consent to ratify treaties, power to remove prez from office

Powers specific to the House **Article I**

Initiate revenue bills, impeach federal officials, and elect the President in the case of an Electoral College tie

Power of the Purse

The ability to tax and spend public money for the national government

Declaring war

Congress

Necessary and proper clause

Under Article I, Section 8 of the Constitution, Congress can do whatever they want they helps them carry out there powers

casework

social work directly concerned with individuals (done by people that you elect in Congress)

Mandatory spending

the payments established by existing laws and made for schemes such as Medicare and Social Security (also pays people in the gov)

Discretionary spending

a non-essential expense that is incurred by an individual, household, or business.

entitlements

the fact of having a right to something

Pork barrel legislation

Legislation that allocates government money to projects in a certain district (localized projects) (may not be helpful to everyone)

Logrolling

he practice of exchanging favors (I vote for your bill, you vote for mine)

seniority

The practice of ranking senators based on length of service (Typically these people get more benefits)

earmarks

Funds provided by Congress for projects or programs that reduce the ability of the Executive Branch (setting aside money as well)

divided government

control of the executive branch and the legislative branch is split between two political parties resulting in gridlock (ratio between bills passed and the agenda of the legislature decreases.)

apportionment/ redistricting

Process of dividing the 435 memberships, or seats, in the U.S. House of Representatives among the 50 states

gerrymandering

 practice of setting boundaries of electoral districts to favor specific political interests/ certain groups

standing committees

permanent committees in Congress that specialize in the consideration of particular subject areas

select committees

a group set up for a specific and usually temporary purpose, such as an investigation

joint committees

Made of five Representatives and five Senator appointed by the respective presiding officers that debate and report on matters concerning the Congress rather than issues of public policy.

conference committees

A temporary panel(created when necessary composed of House and Senate conferees formed for the purpose of reconciling differences in legislation that has passed both chambers.

committees

monitor on-going governmental operations, identify issues suitable for legislative review, gather and evaluate information, and recommend courses of action

**Baker v. Carr**

Baker and other Tennessee citizens alleged that a 1901 law designed to apportion the seats for the state's General Assembly was virtually ignored.

Court could intervene of cases considered "political questions".

the Fourteenth Amendment equal protection issues which Baker and others raised in this case merited judicial evaluation.

**Shaw v. Reno**

The U.S. Attorney General rejected a North Carolina congressional reapportionment plan because the plan created only one black-majority district

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although North Carolina's reapportionment plan was racially neutral on its face, the resulting district shape was bizarre enough to suggest that it constituted an effort to separate voters into different districts based on race

lame duck

A time during the end of a term typically when transition of power is happening, where the person has some to no power

delegate

They vote on what their constituents want

politico

Combo of delegates and trustees (delegate when their constituents care about the impact)

filibuster

a prolonged speech that obstructs progress in a legislative assembly

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cloture

Stops a filibuster (60 people)

hold

An informal practice by which a senator informs Senate leadership that he or she does not wish a particular measure or nomination to reach the floor for consideration.

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Speaker of House

the House's presiding officer, party leader, and the institution's administrative head, among other duties.

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“administering the oath of office to the Members of the U.S. House of Representatives, giving Members permission to speak on the House floor, designating Members to serve as Speaker pro tempore, counting and declaring all votes, appointing Members to committees, sending bills to committees, and signing bills and resolutions that pass in the House.”

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Pres.ProTemp

preside over the Senate in the absence of the vice preside

Majority leader

schedules legislation to be considered on the House floor; organizes daily, weekly, and yearly legislative plans; consults with Members to understand how party members feel about issues; and works to advance the goals of the party.

Minority leader

promote and publicize the party's agenda. The minority leader, if their party controls the White House, confers regularly with the Preside

Whips

whips are mainly responsible for counting heads and rounding up party members for votes and quorum calls, and they occasionally stand in for the majority or minority leaders in their absence.

President’s formal powers 

* make treaties with the approval of the Senate.
* veto bills and sign bills.
* represent our nation in talks with foreign countries.
* enforce the laws that Congress passes.
* act as Commander-in-Chief during a war.
* call out troops to protect our nation against an attack.
* make suggestions about things that should be new laws.
* lead his political party.
* entertain foreign guests.
* recognize foreign countries.
* grant pardons.
* nominate Cabinet members and Supreme Court Justices and other high officials.
* appoint ambassadors.
* talk directly to the people about problems.
* represent the best interest of all the people
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Vesting clause

a constitutional law that vests legislative power in Congress, executive power in the President, and judicial power in the federal courts.

“take care” clause

requiring the President to “take Care that the Laws be faithfully executed.”

veto

President can stop any legislation from becoming a law (can be overruled by 2/3 majority vote in each house)

pocket veto

an indirect veto of a legislative bill by the president or a governor by retaining the bill unsigned until it is too late for it to be dealt with during the legislative session.

Executive privilege

the privilege, claimed by the president for the executive branch of the US government, of withholding information in the public interest.

pardons

use of executive power that exempts the individual to whom it was given from punishment

formal foreign policy powers

power to nominate ambassadors and appointments are made with the advice and consent of the Senate. Issue executive orders and negotiate and sign treaties with advice and consent of the Senate

executive agreements

an international agreement entered into by the President, pursuant to the President's constitutional or statutory authority, without the Senate's advice or consent.

bargaining and persuasion

**Setting priorities for Congress and attempting to get majorities to put through the president's legislative agenda**.

unilateral action

any policy decision made and acted upon by the president and his staff without the explicit approval or consent of Congress.

executive orders

declaration by the president or a governor which has the force of law, usually based on existing statutory powers

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signing statements

a written pronouncement issued by the President of the United States upon the signing of a bill into law. (something he says)

Cabinet members and EOP

includes the Vice President and the heads of 15 executive departments they advise the President on any subject he or she may require relating to the duties of each member's respective office.

To provide the President with the support that he or she needs to govern effectively, the Executive Office of the President (EOP)

Ambassadors

Directing and coordinating all executive branch offices and personnel in other places

White House staff

Ensure that the administration's policies are coherent – that initiatives of one department are not undercutting those of other departments. Ensure that the system for advising the president produces informed decisions. Ensure that decisions are implemented consistent with the intent of the President.

Senate confirmation

Senate approval of a president nominating someone through a long process of hearings

judicial appointments

The President of the United States appoints Supreme Court justices and federal judges to be approved by the Senate

**Federalist 70**

Alexander Hamilton argues for a strong executive lead

**22nd Amendment**

President can only serve two terms

Increased presidential power

**increase whenever there is a national crisis, or other need for strong, immediate action from the government**.

**25th Amendment**

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

bully pulpit

 a conspicuous position that provides an opportunity to speak out and be listened to. Having an agenda/ platform to force other people to do things

going public

a new style of presidential leadership in which the president sells his programs directly to the American public (appealing to the public to make them pressure Congress) especially through social media

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The SCOTUS **Article III**

The Court has original jurisdiction and appellate jurisdiction. It can hear certain cases, e.g., suits between two or more states and/or cases involving ambassadors and other public ministers.

Judiciary Act of 1789

 established the structure and jurisdiction of the federal court system and created the position of attorney general.

**Federalist 78**

judicial branch as the “least dangerous” branch of the new national government

***Marbury v. Madison*** **(1803)**

Marbury had been appointed Justice of the Peace in the District of Columbia, but his commission was not delivered. Marbury petitioned the Supreme Court to compel the new Secretary of State, James Madison, to deliver the documents

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The Court held that the provision of the Judiciary Act of 1789 enabling Marbury to bring his claim to the Supreme Court was itself unconstitutional. Said the court could not do anything.

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Chief Justice John Marshall established the principle of judicial review, through this

Rule of Four

e Supreme Court's practice of granting a petition for review only if there are at least four votes to do so

Writ of Cert

a request that the Supreme Court order a lower court to send up the record of the case for review

Precedent/Stare Decisis

 **holds that courts and judges should honor “precedent”—or the decisions, rulings, and opinions from prior cases**

Impact of judicial appointments

 deteriorates the rule of law

judicial activism

describes how a justice approaches judicial review, where judicial activists abandon their responsibility to interpret the Constitution and instead decide cases to advance their preferred policies/ beliefs

self-restraint

restraint imposed by oneself on one's own action. Going strictly by the constitution

original jurisdiction

the Supreme Court is the first, and only, Court to hear a case (disputes between the states or disputes arising among ambassadors and other high-ranking ministers.)

jurisdiction appellate

the power to reverse or modify the the lower court's decision

Constitutional Amendments

Amends the constitution, changes what it says or adds on to it

Presidents or states ignoring or evading SCOTUS decisions

 they do not face any consequences

Bureaucracy

institution that is hierarchical in nature and exists to formulate, enact, and enforce public policy in an efficient and equitable manner.

Writing regulations/ enforcing/adjudicating

This phrase refers to the three main functions of government agencies responsible for implementing laws and policies. "Writing regulations" involves creating rules and guidelines that interpret and clarify the intent of laws. "Enforcing" refers to the process of ensuring compliance with these regulations through inspections, investigations, and penalties. "Adjudicating" involves resolving disputes and making decisions in legal cases related to the regulations.

Red tape

excessive bureaucracy or adherence to rules and formalities, makes work go slow/ stop it

Testifying before Congress/expertise

testify regularly before congressional committees on both legislative and oversight matters to see what the bureaucracies are doing

Issue networks and Iron triangles

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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. (Bureaucracy, intrest groups, Congress)

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merit system

the process of promoting and hiring government employees based on their ability to perform a job, rather than on their political connections. 

patronage

a spoils system (also known as a patronage system) is a practice in which a political party, after winning an election, gives government jobs to its supporters,

civil servants

a person employed in the public sector by a government department or agency for public sector undertakings

political appointees

any employee who is appointed by the President, the Vice President, or agency head

Oversight

holding hearings and conducts oversight of agency enforcement operations, functions and policies.

police patrol

members of congress constantly monitor the bureaucracy to make sure that laws are implemented corectly

fire alarm

selective monitoring, triggered by complaints from citizens and interest groups who bring potential problems. to legislators' attention.

Notice and comment procedure

an agency (Like EPA) must first issue a notice of proposed rulemaking (NPRM) and provide an opportunity for public comment on the proposal before it can issue a final rule. 

committee hearings

a method by which committee members gather information.

appropriations

A law of Congress that provides an agency with budget authority. An appropriation allows the agency to incur obligations and to make payments from the U.S. Treasury for specified purposes

Problem of control/checks on the bureaucracy

Hard to fire, Red tape, Conflicts between similar bureaucracies (who does what), external forces, they hire people to do what they don’t want to do

checks on the president

Judicial declares laws unconstitutional

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Legislative rejects appointments, reject treaties, withhold funding, impeach and override veto

checks on Congress

Executive can veto bills and adjourn Congress in certain situations

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Judicial can declare laws unconstitutional

checks on the judiciary

Executive appoints judges

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Legislative can propose amendments, impeach people, not enforce ruling, and reject appointments

OMB

Office of Management and Budget (OMB) serves the President of the United States in overseeing the implementation of his or her vision across the Executive Branch.

Committee of the whole

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 (moves bills to the floor faster because needs less votes)