Unit 2: Interactions Among Branches of Government

size of house of reps.

size of house of reps.

435

size of senate

100

formality of debate

senate is more informal

filibuster

a tactic used by a minority of senators to block legislation

cloture

¾ to end a filibuster

rules committee (H)

determine rules of debate for all

discharge petitions

brings a bill straight to the floor

discretionary spending

president and congress decide how much (defense, foreign aid, education)

mandatory spending

government must pay, numbers are fixed

entitlement costs

social security, medicare, medicaid, veterans’ pensions

pork barrel legislation

money specifically designated for a presidential program for something wasteful

logrolling

“you scratch my back ill scratch yours” with votes

speaker of the house

majority party leader in the house,

president of the senate

vice president, break a tie vote in the Senate and formally presides over the receiving and counting of electoral ballots cast in presidential elections

gerrymandering

elected officials “choosing” voters

redistricting

redrawing of congressional districts within each states regardless of reapportionment

gridlock

legislative statement due to divided government

divided government

when control of the executive branch and the legislative branch is split between two political parties

trustee

vote according to what the representative thinks

delegate

votes according to their constituents beliefs

politico

balance of delegate and trustee depending on the issue’s public knowledge

executive orders

a directive from the president to manage operations

signing statements

written pronouncement issued by the President of the United States upon the signing of a bill into law

bully pulpit

presidents using media to reach the people directly

precedent

previous cases are used and followed for current ones

stare decisis

courts past deicisons being used to rule current ones

reapportionment

dividing parts of the states by population to represent in the house of reps.

congressional power (economic)

establish/collect taxes, borrow money, coin/regulate money, regulating commerce

congressional power (military/foreign)

ratify treaties, raise war, to declare war

congressional power (other)

necessary and proper, grant patents and copyrights, establish post offices

congressional power (non-legislative)

congress is a presidential tie-breaker, propose amendments, approving presidential appointments

legislative process (steps)

introduction, committee action, full chamber, reconciliation (conference committee), presidential action

step 1 of legislative process

bill is introduced in one chamber via one member of congress, it can originate from anywhere

step 2 of legislative process

subcommittees, most bills die here, hold hearings, mark-up sessions and then vote

standing committees

permanent major policy areas

select committees

temporary committees to investigate a specific problem

ways and means committee (H)

tax policies

appropriations committee (H)

funding for national government

judiciary committee (S)

responsible for initial vote on judicial nominees

foreign relation committee (S)

helps oversee foreign policy and ratifying treaties

armed services (S)

oversight and funding of US military

step 3 of legislative process

speaker of the house determines if it debated, typically using “committee of the whole”, a full chamber vote, senate majority leader places the bill on the calendar (or not to prevent passing)

committee of the whole

less formal debate in legislative process debates

step 4 of legislative process

bill must pass in both chambers in an identical form, conference committee (members of house and senate) create an identical bill

step 5 of legislative process

can either: sign the bill, veto the bill, pocket veto the bill (not do anything so it just dies after time)

power of the purse

choosing whether to allocate funds for presidential movements

the budget

a shared responsibility between congress and the president, president submits annual budget and congressional committees review and alter it

judicial check on legislative

declare laws unconstitutional using judicial review

executive check on legislative

veto

legislative check on executive

override veto, reject treaties, impeaching president, reject presidential appointments, withhold funds

legislative check on judicial

impeach supreme court justices, reject appointments to supreme court, propose constitutional amendments to overrule judicial decisions

oversight power

legislative (congress) checking the executive’s ability to carry out laws

why do incumbents usually win?

name recognition, money from PACs, gerrymandering, porkbarrel projects, casework (work for the people), franking (free postage)

presidential powers

chief legislature: budget, signs bills, veto, lays out agenda
chief executive: appointing people, executive orders, enforcing the law

bureaucracies relations with the other branches

president: firing/appointing department heads, executive orders can change bur. regulations
congress: congressional oversight/legislation
courts: overrule bureaucratic decisions
interest groups: lobbying, implementation of regulation, iron triangle

discretionary authority

congress sets broad policy guidelines and bureaucracies are given administrative discretion aka deciding how to implement policies

rule-making authority

bureaucratic agencies can make administrative laws and regulation made by agencies that have the power of law

administrative adjucation

bureaucratic agencies have the power to enforce administrative law and punish violators, typically via fine

chevron defense

judicial gives bureaucracies the power to settle their own disputes based on policies they would know about

judicial appointment process

presidential nomination, senate judiciary committee reviews the nominee, SNJ sends their recommendation to full senate, full senate votes (51 needed)

writ of certiorari

written appeal to the courts via the people

rule of four

when four justices agree to hear an appeal

briefs

written legal arguments (one written from each side)

amicus curiae breief

briefs filed by outside parties

majority opinion

official court’s opinon

dissenting opinion

the opposite of the majority opinion (can be multiple)

law clerks

assistants to surpreme court justices

dual court system

cases can be held in either a state court or federal court depending on crime

judicial activism

courts can go beyond the current legal interpretations

judicial restraint

judges should defer to the decisions of lawmakers past rulings

judicial check on executive

appointment power, enforcement/implementation, pardons

judicial check on legislative

confirmation (senate), impeachment, new legislation, proposing an amendment, power of the purse,