American Gov Exam 2 Review

Committee

Specialized working groups in the US HoR and Senate that review legislation, conduct oversight, and investigate public issues

conference committee

 a special type of joint committee that reconciles different bills passed in the House and Senate so a single bill results

joint committee

a legislative committee consisting of members from both chambers that investigates certain topics but lacks bill referral authority

select committee

a small legislative committee created to fulfill a specific purpose and then disbanded; also called an ad hoc, or special, committee

standing committee

a permanent legislative committee that meets regularly

Casework

Assistance that elected officials and their staff provide to constituents who are having trouble dealing with government agencies

Cloture

Formal parliamentary procedure to end debate and stop a filibuster. Requires 3/5 supermajority vote (60/100 Senators) to invoke cloture.

Agenda control

The power that specific institutional actors have to decide which policies, bills, or legal questions are debated, voted on, or ignored.

Positive Agenda Control

Speaker of the House and majority party hold immense power to bring preferred legislation to the floor

Negative Agenda Control

Majority party uses its numbers and leadership to keep unwanted bills from getting time on the floor

Filibuster

Procedural tactic in the U.S. senate used to delay or block a vote on a bill, resolution, or motion by extending debate.

Gerrymandering

Process of manipulating election maps in ways that favor a particular outcome. Can include:

Moving a certain representative’s district lines to make it harder for them to get reelected

Moving district lines to minimize the weight of votes from a marginalized group

Moving a certain representative’s district lines to make it easier for them to get reelected

Policy committees

typically localized committees dedicated to local issues (Agriculture, Natural Resources, Homeland Security)

Power Committees

Committees dedicated to typically national issues (Budget, Judiciary, Rules, Finance, Ways & Means)

Party Whips

Assistant leaders responsible for counting heads and rounding up party members for votes and quorum calls, typically standing in for majority or minority leaders in their absence.

Majority leader

chief spokesperson and legislative strategist for the political party that holds the most seats in a legislative body, such as Congress or the Senate

Minority leader

chief spokesperson and legislative strategist for the political party that holds the second-largest number of seats in a legislative body, such as Congress or the Senate

Committee Referral

process by which newly introduced bills or resolutions in Congress are assigned to a specific standing committee (or several) with jurisdiction over said subject matter

Subcommittee Review

After referral, the committee sends the measure to a specialized subcommittee for hearings, study, and revisions

Markup

After subcommittee review, if the committee takes action, it holds a markup session to debate and vote on amendments

Inaction

If referred bills never receive a hearing or vote, it dies in committee

Reporting

If a measure is approved, the full committee votes to “report” the bill back to the chamber floor with a written report detailing its purpose and analysis

Open Rule

procedural resolution set but US House Committee on Rules that permits any member of the HoR to offer germane amendment to a bill during floor debate, under a Five-Minute Rule debate

Closed Rule

procedural mechanism issued by House Rule Committee that prohibits floor amendments from being offered by members during debate of a bill

Restricted Rule

Special order that limits the number, scope, or type of floor amendments allowed during consideration of a bill

Pork Barrel Legislation

federal spending and project allocations that members of Congress direct to local districts or states, often embedded into larger, unrelated bills to secure constituent support and win re-election

Earmarks

line-item provisions inserted into appropriations bills that direct funds to a particular organization, project or location. Primary vehicle for pork barrel legislation

Logrolling

legislative practice where lawmakers trade votes

"“we’ll vote on all your legislation, but you have to vote on all of ours”

Unanimous Consent Agreement

UCA is a binding arrangement negotiated among US senators to set terms for the consideration of a bill or measure, bypassing standard ruls of the Senate (requires consent of all 100 senators, acting as a binding order that can only be revoked by another UCA)

Two-round System

single-winner electoral system where the voter marks a single candidate in each round (primary election). The two candidates with the most votes from the first round move onto the second round of voting (General Election)

Geographic constituency

All people within a given district

Electoral Constituency

The 50% + 1 people required to elect an office holder

Primary constituency

The most partisan 10%, small 50% + 1 people needed to re-elect an office holder

Divided Government

Occurs when the presidency and at least one chamber of Congress are controlled by different parties

Unified Government

occurs when a single party holds the presidency and a majority in both the HoR and the Senate

Omnibus legislation

massive single piece of legislation that combines multiple smaller individual bills, subjects, or annual appropriations measures into one large package that receives a single “up or down” (yes or no) vote in Congress

Executive Office of the President

Group of agencies and staff that directly support and advise the president, such as the white house office (WHO), office of management and budget (OMB), national security council (NSC), council of economic advisors (CEA), council on environmental quality (CEQ), and the office of science and technology policy (OSTP)

Expressed powers of the presidency

Powers explicitly provided to the president by Article II of the Constitution:
Take care clause: ensure federal laws are executed
Appointments: nominate ambassadors, consuls, Supreme court justices, etc (With advice and consent of the Senate), as well as fil vacancies during Senate recesses

Serve as commander in chief of the army and navy when in actual service

make treaties with foreign nations (w/ 2/3 approval of the Senate)

Grant pardons and reprieves for offenses against the US, except in cases of impeachment

Sign or veto congress bills

Convene congress (and adjourn them)

Implied powers of the presidency

Powers not explicitly stated in the constitution by inferred from vesting clause

Removal of executive officers (and appoint cabinet members) with Senate confirmation

Executive orders & agreements with foreign nations

Emergency & Wartime actions (as commander in chief)

“Going Public”

President mentioning specific policy or issue on live television to garner support for it from the People

Presidential memorandum

official directive issues by president to manager, direct, and oversee actions, policies, and operations of executive branch department and agencies

Signing Statement

written pronouncement at the time of signing a bill into law (3 types: rhetorical, interpretive, and constitutional)

Rhetorical signing statment

ceremonial or political comments that praise legislation, thank sponsors, and remark on importance

Interpretive signing statment

explanations of how the president or executive branch agencies understand and intend to apply ambiguous language within the law

Constitutional singing statement

objections asserting that one or more provisions of the act violate the separation of powers of the Constitution, accompanied by indication that the president may refuse to enforce or obey those specific parts as written

State of the Union Address

An annual report on the condition of the country and recommendation of necessary measures to the People as mandated by Article II of the constitution

War Powers Act (War Powers Resolution of 1973)

federal law designed to check US President’s ability to commit the military to armed conflict without congressional consent (must notify Congress within 48 hours of deploying armed forces, military actions must end within 60 days lest Congress declares war, and president must regularly consult with Congress before and during introduction of troops to combat)

Cabinet

official advisory board to the president, made up of the vice president and heads of 15 executive departments that advise the president and run federal agencies

Electoral College

official system used to elect the president and vice president, with each state receiving number of electors equal to total number of Senators + representatives based on population

The candidate who wins the state’s popular vote receives all of that state’s electoral votes

Selective enforcement

Occurs when law enforcement officers selectively ignore specific individuals, groups, or locations or apply laws/regulations unevenly. Dips into bias, retaliation, and improper motives rather than public safety (illegal)

Prosecutorial Discretion

Broad authority of executive branch prosecutors and law enforcement agencies to decide whether to file criminal or civil charges, what charges to bring, whether to negotiate plea or diversion agreements, and whether to drop or pursue a case

Falls under enforcement of laws as an executive branch authority

Original Jurisdiction

The court’s power to hear a case for the first time rather than reviewing a lower court’s decision on appeal

Appellate jurisdiction

higher court’s power to review, change, or uphold a decision made by a lower trial court

Dissenting opinion

written statement by an appellate judge or supreme court justice who disagrees with the majority decision of the court, not binding but have persuasive authority

Concurring opinion

written statement by a judge who agrees on the final outcome/majority decision of the court but wants expansion on the legal reasoning used to make the decision (statutory interpretation)

Court of appeals

intermediate court of law that reviews decisions made by lower trial courts to check for legal errors

do not receive new evidence and only review the case to ensure it is just

Federal District Court

general trial courts that handle both civil and criminal federal cases

judges are nominated by the president and confirmed by the senate for lifetime appointment under article III

have local rule/jurisdiction, with ability to send appeals to U.S. court of appeals

Court Packing

political practice of changing number of judges on a court to create a majority that favors a specific party, based in the fact that there is no set size of the Supreme Court and Congress has right to change it

Judicial review

Process through which the courts examine actions of legislative and executive branches of government and invalidate those that violate constitution or the law

Constitutionally derived power, acts as part of checks and balances, and courts can review federal statutes, presidential actions, administrative agency regulations, and state-level laws that conflict with constitutional law

Judicial activism

When judges are willing to strike down laws, overturn precedents, and reinterpret constitutional text to address contemporary values/social injustices (e.g. Brown v Board, Roe v Wade)

Judicial Restraint

When judges limit their own powers, deferring to legislative and executive branches, leading to judicial passivity and government overreach

Rule of Four

When faced with hearing appeals, at least 4 justices/judges must grant a writ of certiorari facilitating and full review

Writ of Certiorari

Formal order issues by higher court directing lower court to send up the record of a case for review

At least 4 of the 9 justices of supreme court must agree to vote in favor of “granting cert”

Writ of Mandamus

extraordinary court order that commands government official, agency, or lower court to perform mandatory duty required by law

only applies to nondiscretionary duties where law clearly dictates the action and only applies after all standard administration or lower-court appeals have been exhausted

Used most often for immigration delays (unreasonable processing delays on visas and green cards), veteran’s affairs (VA fails to act on decision or drags feet on a claim), or to force lower courts to exercise jurisdiction for appellate review

Stare decisis

“to stand by things decided”

foundational doctrine that means courts rely on past judicial decisions when ruling on current cases with similar facts or legal issues

Horizontal stare decisis

court is generally bound to follow its own previous rulings unless there is a strong and compelling jurisdiction to change course

Vertical stare decisis

lower courts are strictly required to follow binding precedents set by higher or appellate courts within same jurisdiction (i.e. all state and federal courts must follow rulings from U.S. Supreme Court)

Amicus Curiae

“friend of the court”

individual, organization, or government body that is not a direct party to a legal case, but is allowed by the court to offer information, expertise, or perspective on issues

normally in appellate courts when a case involves major public policy, civil right, or societal effects

normally only provide specialized knowledge, data, or policy content

Senatorial courtesy

unwritten (informal) custom in senate where senators defer to a colleague who objects to a presidential nominee from colleague’s home state

refers to process by which president consults with senators from candidate’s own state before nominating a person for federal district court judgeship

Blue-slip system

used with senatorial courtesy

if a home-state senator returns a blue slip signaling opposition (or refuses to return it), the federal district judge nomination is blocked