Ap comp gov unit 2

Seventeenth Amendment (1913)

Instituted the direct election of senators by the people of each state

advice and consent

Terms in the Constitution describing the U.S. Senate's power to review and approve treaties and presidential appointments.

coalitions

Individuals and/or groups that have common interests and perspectives

Enumerated powers of congress

powers specifically named in the Constitution (Article 1, Section 8)

the ability to tax, borrow money, regulate commerce, coin money, declare war, and raise armies

power of the purse

Constitutional power given to Congress to raise and spend money

caucuses

meetings of party leaders to determine party policy or to choose the party's candidates for office

War Powers Act (1973)

Gave any president the power to go to war under certain circumstances, but required that he could only do so for 90 days before being required to officially bring the matter before Congress.

cloture rule

Prevents filibustering (16 signatures) and ends debate in the Senate, by a 3/5s vote of the Senate

filibuster

A procedural practice in the Senate whereby a senator refuses to relinquish the floor and thereby delays proceedings and prevents a vote on a controversial issue.

omnibus bill

a proposed piece of legislature that covers a number of diverse or unrelated topics (ex. Big Beautiful Bill)

Committee of the Whole

consists of all members of the House and meets in the House chamber but is governed by different rules, making it easier to consider complex and controversial legislation

conference committee

special joint committee created to reconcile differences in bills passed by the House and Senate

discharge petition

if signed by majority of the House of Representatives' members, will pry a bill from committee and bring it to the floor for consideration.

joint committees

Congressional committees on a few subject-matter areas with membership drawn from both houses.

Vice President

President of the Senate

president pro tempore

Officer of the Senate selected by the majority party to act as chair in the absence of the vice president

Rules Committee

sets the legislative calendar and issues rules for debate on a bill

select committee

A temporary legislative committee established for a limited time period and for a special purpose.

Senate majority leader

The chief spokesperson of the majority party in the Senate, who directs the legislative program and party strategy.

Ways and Means Committee

House committee that handles tax bills

Whip

Party leader who is the liaison between the leadership and the rank-and-file in the legislature.

discretionary spending

spending for programs and policies at the discretion of Congress and the president

mandatory spending

Federal spending required by law that continues without the need for annual approvals by Congress.

Baker v. Carr (1962)

"One man, one vote." Ordered state legislative districts to be as near equal as possible in population

delegate model

The view that an elected represent should represent the opinions of his or her constituents.

politico model

Members of Congress act as delegates or trustees depending on the issue

trustee model

a model of representation where they follow their own conscience when deciding issue positions

gridlock

the inability of the government to act because rival parties control different parts of the government

"lame duck" president

A president who lost re-election, is not running again, or is term-limited and just sits there for a bit after a new prez is elected

Shaw v. Reno (1993)

NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.

swing district

a district where no single candidate or party has overwhelming support

bargaining and persuasion

informal tool used by the president to persuade members of Congress to support his policy initiatives

informal powers

powers not laid out in the Constitution but used to carry out presidential duties

pocket veto

president's power to kill a bill, if Congress is not in session, by not signing it for 10 days

executive agreement

an agreement between the president and the leader of another country

policy agenda

the list of issues that the federal government pays attention to

executive order

A rule issued by the president that has the force of law

signing statements

announcements made by the president when signing bills into law, often presenting the president's interpretation of the law

executive privilege

The presidential power to keep communications confidential, especially if they relate to national security.

ambassador

someone appointed by the President to represent the nation in foreign affairs

Cabinet

A group of advisers to the president.

chief of staff

the person who oversees the operations of all White House staff and controls access to the president

Joint Chiefs of Staff

The commanding officers of the armed services who advise the president on military policy.

inherent powers

The powers of the national government in foreign affairs that the Supreme Court says do not depend on constitutional grants

Federalist No. 70

Here Hamilton argues for the necessity of a single president because they could act with more energy, efficiency, and secrecy than could a committee.

imperial presidency

President who takes strong actions without consulting Congress or seeking its approval

stewardship theory

Calls for assertive presidency that is confined only at specific points defined by law.

Twenty-second Amendment (1951)

Limits the president to two terms.

bully pulpit

the president's use of his prestige and visibility to to promote a particular program and/or influence Congress to accept legislative proposals

State of the Union Address

The president's annual statement to Congress and the nation, updating them on the state of national affairs

appellate jurisdiction

The jurisdiction of courts that hear cases brought to them from lower courts. These courts do not review the factual record, only the legal issues involved.

Attorney General

the head of the department of justice

certiorari

a writ or order by which a higher court reviews a decision of a lower court

Federalist No. 78

talks about the federal judiciary; judiciary must depend on other two branches to uphold its decisions

Marbury v. Madison (1803)

Established judicial review (power of courts to examine legislative/executive actions to determine if they comply with the constitution)

original jurisdiction

the power of a court to hear a case first, before any other court

U.S. District Courts

Courts within the lowest tier of the three-tiered federal court system; courts where litigation begins.

U.S. Circuit Courts of Appeals

the appeals courts after the trial-level courts. They are assigned to hear cases that originate from a specific sector

U.S. Supreme Court

the highest court of the United States; it sits at the top of the federal court system

binding precedent

A decision of a higher court that must be followed by lower courts in the same hierarchy.

persuasive precedent

A decision of another court which is influential but not binding.

stare decisis

"Let the decision stand"; decisions are based on precedents from previous cases

Precedent

How similar cases have been decided in the past.

concurring opinion

a signed opinion in which one or more justices agree with the majority view but for different reasons

dissenting opinion

a signed opinion in which one or more justices disagree with the majority view

liberal constructionist

one who argues a broad interpretation of the provisions of the Constitution, particularly those granting powers to the Federal Government

majority opinion

a court opinion reflecting the views of the majority of the judges

petition for certiorari

A document which a losing party files with the Supreme Court asking the Supreme Court to review the decision of a lower court.

rule of four

At least four justices of the Supreme Court must vote to consider a case before it can be heard

strict constructionist

a person who interprets the Constitution in a way that allows the federal government to take only those actions the Constitution specifically says it can take

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.

Limits on the Supreme Court's Power

The supreme court can only rule on specific legal disputes brought before it and the ultimate legal change can only come from a constitutional amendment

Robert Bork

he was rejected for nomination to the Supreme Court for his conservative political views

"nuclear option"

a legislative procedure that allows the Senate to override a standing rule by a simple majority

senatorial courtesy

Presidential custom of submitting the names of prospective appointees for senate from the states in which the appointees are to work.

standing

legitimate justification for bringing a civil case to court

bureaucracy

A system of managing government through departments run by appointed officials

compliance monitoring

ensures that funds are being used properly and regulations are being followed

iron triangle

A close relationship between an agency, a congressional committee, and an interest group

issue networks

complex systems of relationships among groups that influence policy, including elected leaders, interest groups, specialists, consultants, and research institutes

Civil Service Commission

oversees examinations for potential government employees

Civil Service Reform Act (1978)

An act that established the principle of employment on the basis of merit and created the Civil Service Commission to administer the personal service.

merit system

A system of employment based on demonstrated performance rather than political patronage.

National Performance Review

a major Clinton Administration initiative designed to streamline the federal bureaucracy, cut wasteful spending, and make government more efficient.

Office of Personnel Management

Agency that administers civil service laws, rules, and regulations.

patronage system

AKA Spoils System. Filling government bureaucracy based on connections & political favors not merit; ended by Pendleton Act (1883)

Pendleton Civil Service Act (1883)

The first federal regulatory commission. Office holders would be assessed on a merit basis to be sure they were fit for duty. Brought about by the assassination of Garfield by a guy who was angry about being unable to get a government job.

Administrative Procedures Act (1946)

requires federal agencies to give notice, solicit comments, and (sometimes) hold public hearings before adopting any new rules.

Code of Federal Regulations

A reference work that compiles regulations of all agencies in a series of volumes

Federal Register

An official document, published every weekday, which lists the new and proposed regulations of executive departments and regulatory agencies.

delegated discretionary authority

The extent to which appointed bureaucrats can choose courses of action and make policies that are not spelled out in advance by laws.

Securities and Exchange Commission

monitors the stock market and enforces laws regulating the sale of stocks and bonds

Federal Election Commission

administers and enforces campaign finance laws.

independent regulatory agencies

An administrative agency that is not considered part of the government's executive branch and is not subject to the authority of the president.

notice and comment opportunity

a proposed rule is published in the Federal Register and is open to comment by the general public.

appropriations

funding that must be authorized by Congress for any federal spending

authorization of spending

A formal declaration by a legislative committee that a certain amount of funding may be available to an agency.

congressional oversight

a committee's investigation of the executive and of government agencies to ensure they are acting as Congress intends

legislative veto

ability of congress to override a presidential decision