AP Government - Unit 2: Interaction Among Branches of Government

Article 1 of the Constitution

Make up of the bicameral legislature: senate and congress

Federalist 51 - Jame Madison

Argues that separation of powers within the national government is the best way to prevent the concentration of power in the hands of one person or a single group.

Checks and Balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

Senate: Make up

100 members, 2 members for each state. Members are elected every 6 years. The Vice President is the head of this body.

Senate Qualifications

30 years old, citizen for 9 years, must live in the state you represent

Continuous Body (Senate)

1/3 of the Senate is re-elected every 2 years

House of Representatives: Make up

the lower house of Congress, consisting of a different number of representatives from each state, depending on population (max 435), 2 year term length.

House Qualifications

25 years old

U.S Citizens for 7 years

Resident of the district they're representing

Article 1 Section 8

lists specific powers of Congress, including the power to establish and maintain an army and navy, to establish post offices, to create courts, to regulate commerce between the states, to declare war, and to raise money. It also includes a clause known as the Elastic Clause which allows it to pass any law necessary for the carrying out of the previously listed powers.

enumerated powers

Those delegated powers of the National Government that are spelled out, expressly, in the Constitution; also called expressed powers

expressed powers

Those delegated powers of the National Government that are spelled out, expressly, in the Constitution; also called the "enumerated powers"

Powers of the Senate

confirm presidential appointments by a majority vote, ratify (approve) treaties made by the president by a 2/3rds vote (67 senators), hold impeachment trial to remove a president

Powers of the House of Representatives

the power to initiate revenue bills, impeach federal officials, and elect the President in the case of an electoral college tie

Necessary and Proper Clause

Clause of the Constitution (Article I, Section 8, Clause 18) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government

Implied Powers (Elastic Clause)

This was an ambiguous power of the Federal Government that stated "Congress can do what's proper and necessary." Example: National Bank

McCulloch v. Maryland

1819, Chief Justice John Marshall decided the limits of the US Constitution and of the authority of the federal and state govts. one side was opposed to establishment of a national bank and challenged the authority of federal govt to establish one b/c not expressed. Supreme court ruled that power of federal govt was supreme and a federal bank was an implied power.

Article VI of the Constitution

Supremacy Clause, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.

policy making process

1. Agenda Setting: Identify Issue/Problem

2. Policy Formulation: Research & create solutions to problem

3. Policy Adoption: Congressional Approval Process

4. Policy Implementation: Executive Branch

5. Policy Evaluation/Revision

constituent

a person whom a member of Congress has been elected to represent

coalition

an alliance of factions pursuing a common goal

Congressional Standing Committees

committees with fixed membership and jurisdiction, continuing from Congress to Congress to divide up the workload on the thousands of bills introduced.

steps of a bill becoming a law

1. introduced

2. goes to committee and is

debated/amended/killed

3. goes to floor of house/senate for debate, amendments, and vote

4.Switch houses if passed:

referred to the senate/house committees depending on where it started

5. Must pass both houses of congress (conference committee if needed)

6. sent to the president

becomes law: Pocket Veto after 10 days if not in session, Veto it, Sign it, or becomes law after 10 days if still in session

Committees

small groups of representatives who work out the details of bills and spread out the workload.

conference committee

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

House Rules Committee

An institution unique to the House of Representatives that reviews all bills (except revenue, budget, and appropriations bills) he committee that determines how and when debate on a bill will take place

discharge petition

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

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.

Cloture

A. A procedure for terminating debate, especially filibusters, in the Senate. B. Supermajority of 60 votes for bills (1975 changed from 2/3) C. Simple Majority (51 votes) for confirmations (2017 change from 60)

pork barrel

The mighty list of federal projects, grants, and contracts available to cities, businesses, colleges, and institutions available in a congressional district.

Logrolling

An agreement by two or more lawmakers to support each other's bills

President of the Senate

Vice President

Speaker of the House

An office mandated by the Constitution. The Speaker is chosen in practice by the majority party, has both formal and informal powers, and is second in line to succeed to the presidency should that office become vacant.

Party Leadership in Congress

-majority and minority parties of each house pick their leaders of Congress.

-The Speaker of the House is the leader of the majority party

-serves as a the presiding officer of the House of Representatives.

-The leaders can only exercise powers that their party members give them.

Pro tempore of the Senate

Replaces vice president if out of office or on vacation. (For the time being)

Gridlock

An inability to enact legislation because of partisan conflict within Congress or between Congress and the president.

divided government

one party controls the White House and another party controls one or both houses of Congress

Bipartisanship

A policy that emphasizes a united front and cooperation between the major political parties, especially on sensitive foreign policy issues.

lame duck

A person still in office after he or she has lost a bid for reelection

partisan voting

vote to please fellow party members, leads to logrolling

Trustee

A legislator who acts according to her or his conscience and the broad interests of the entire society.

delegate

A person appointed or elected to represent others

politico

Lawmaker who attempts to balance the basic elements of the trustee, delegate, and partisan roles

Gerrymandering

Process of redrawing legislative boundaries for the purpose of benefiting the party in power.

Reapportionment

the process of reassigning the number of representatives based on population, after every census

Redistricting

The redrawing of congressional and other legislative district lines following the census, to accommodate population shifts and keep districts as equal as possible in population.

Baker v. Carr

case that established one person one vote. This decision created guidelines for drawing up congressional districts and guaranteed a more equitable system of representation to the citizens of each state

Shaw v. Reno

NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts. (1993)

"One Person, One Vote"

The principle that each legislative district within a state should have the same number of eligible voters so that representation is equitably based on population. Baker v Carr (1962)

27th Amendment

congressional pay raises are not begun until the next election

Congressional salary

Today senators and representatives are paid $174,000 per year. A few members are paid somewhat more. The Speaker of the House makes $223,500 per year. The Vice President makes $230,700 per year. The Senate's president pro temp and the floor leaders in both houses receive $193,400 per year.

Article 2 Section 2

gives the President some important powers. He is commander-in-chief of the armed forces and of the militia (National Guard) of all the states; he has a Cabinet to aid him, and can pardon criminals. He makes treaties with other nations, and picks many of the judges and other members of the government (all with the approval of the Senate).

Federalist No. 70

Argues for a strong unitary executive leader, as provided for by the Constitution, as opposed to the weak executive under the Articles of Confederation. He asserts, "energy in the executive is the leading character in the definition of good government.

Formal Powers

specific grants of authority defined in the Constitution or in law

22nd Amendment

Limits the president to two terms or 10 years.

Informal Powers

Powers not directly granted by law. The governor's informal powers may follow from powers granted by law but may also come from the governor's persuasive abilities, which are affected by the governor's personality, popularity, and political support.

Chief Executive

The role of the president as head of the executive branch of the government.

White House Staff

Personnel who run the White House and advise the President. Includes the Chief of Staff and Press Secretary

Cabinet Departments

15 total of various size, status, visibility, and function. They all advise the President, help execute/implement programs; have broad responsibility. Examples: State (the most prestigious. The diplomats), Defense: biggest, HHS, Agriculture, Commerce, Homeland Security, Attorney General.

Confirmation

Senate power to confirm the Presidential nomination of judges or presidential cabinet members. Simple Majority Needed

Chief Diplomat (President)

Head of state in representing the nation. The President negotiates treaties, appoints ambassadors, receives foreign ambassadors, Recognizes foreign governments, and executive agreements.

executive agreements

Agreements with other countries that do not need senate approval. Informal Power

Treaty Ratification Process

The President may form and negotiate, but the treaty must be advised and consented to by a two-thirds vote in the Senate. Only after the Senate approves the treaty can the President ratify it. Once it is ratified, it becomes binding on all the states under the Supremacy Clause.

ambassador

nominate an official representative of a country's government with Senate approval

Secratary of state

the head of the State Department, responsible for foreign affairs.

Commander in Chief

term for the president as commander of the nation's armed forces

War Powers Act of 1973

President can send troops immediately, but must report to Congress within 48 hours and power is limited to 60 days unless Congress extends

Secretary of Defense (SECDEF)

responsible for providing the military forces to deter war and protect the security of our country

Chief Legislator

term for the president as architect of public policy and the one who sets the agenda for congress

Veto

to reject

pocket veto

A veto taking place when Congress adjourns within 10 days of submitting a bill to the president, who simply lets it die by neither signing nor vetoing it.

signing statement

a presidential document that reveals what the president thinks of a new law and how it ought to be enforced. Informal Power

State of the Union Address

The president's annual statement to Congress and the nation.

Special Session of Congress

an extraordinary session of a legislative body, called to deal with an emergency situation

executive order

A rule issued by the president that has the force of law. Informal Power

Judicial Powers of the President

Appoints federal judges and supreme court justices; can pardon criminals.

reprieve

a respite; postponement of a sentence

amnesty

a pardon to a group of people

Chief of Party

Leader of the political party that controls the executive branch.

Chief Citizen

The President as the representative of all the people

Bully Pulpit

the president's use of his prestige and visibility to guide or enthuse the American public

Chief of State

The president as ceremonial head of the United States

Guardian of the Economy

With the help of the Secretary of the Treasury and other advisers, tries to keep the economy running smoothly. Plans federal budget and proposes tax cuts and hikes.

supply-side economics

An economic philosophy that holds the sharply cutting taxes will increase the incentive people have to work, save, and invest. Greater investments will lead to more jobs, a more productive economy, and more tax revenues for the government.

Keynesian economics

Theory based on the principles of John Maynard Keynes, stating that government spending should increase during business slumps and be curbed during booms.

Presidential Qualifications

Must be a natural born US citizen, must be 35 years of age, must have been a resident of the US for 14 years

Presidential salary and benefits

$400,000 salary, $100,000 travel allowance, Air Force One, free healthcare, & live in the White House

25th Amendment (1967)

Section 1 states that if the president dies or resigns, the vice president shall become president.

Section 2 states that in the event of a vice-presidential vacancy, the president will nominate a vice president who will be confirmed by a majority Congressional vote.

Section 3 states that if the president tells the president pro tempore of the Senate and the speaker of the House in writing that he is unable to perform his presidential powers and duties, the duties shall fall to the vice president as acting president until the president notifies them in writing otherwise.

Section 4 stipulates that when the vice president and a majority of a body of Congress declare in writing to the president pro tempore of the Senate and the Speaker of the House that the president is unable to perform the duties of the office, the vice president immediately becomes acting president.

Presidential Succession Act of 1947

Vacancy order: Vice president, Speaker of the House ,Pro Tempore, Secretary of State, rest of order is when cabinet position was created

Article III of the Constitution

creates the Supreme Court but allows Congress to establish lower courts.

Federalist 78 (Hamilton)

Argued for an independent Judicial branch to check the other branches. It was originally thought to be the least powerful because there's no power of the purse or sword

Federal Judges

Appointed by President to be approved by majority of Senate and serve for life

Set up of the Supreme Court

8 Justices, 1 Chief Justice: they are appointed by the President of the USA for a life term, and they have to maintain a standard of "good behavior."

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review

Judicial Review

Allows the court to determine the constitutionality of laws

stare decisis

latin for "let the decision stand"

precedent

an example that may serve as a basis for imitation or later action

life tenure

federal judges keep their jobs until they retire or die; however, they can be impeached

judicial activism

An interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court)

judicial restraint

A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures

Court Jurisdiction

the authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases.