The Executive-Legislative Relationship

Flashcards covering the dynamics, tools, and mechanisms of the executive-legislative relationship and congressional oversight functions.

Executive Orders

Statements that have the force of law made unilaterally by the president, which must find authority in existing statute or the Constitution and cannot be prohibited by either.

Proclamations

Statements that declare a condition and trigger the implementation of a procedure, such as declaring disaster areas to qualify jurisdictions for relief.

Stafford Act

Legislation that permits presidents to quickly access federal funds, utilized by Trump in March $2020$ in response to COVID.

Signing Statements

Tactics accompanying law signings that direct executive agencies to administer parts of the law in certain ways that may contradict the statutory language.

Executive Agreements

Agreements with other countries that do not require Senate confirmation but maintain the same standing within U.S. law as treaties.

Trade Promotion Authority ("Fast Track")

Permission from Congress granted beforehand that permits presidents to sidestep Article II considerations when negotiating international agreements.

Oversight

The capacity of Congress to make sure the executive branch implements law as the legislature intended, consistent with the Framers' thinking on checks and balances.

1946 Legislative Reorganization Act

Legislation that charged congressional committees with "careful watchfulness" over executive departments and agencies within their jurisdictions.

Hearings

Routine regularly conducted committee meetings where executive branch personnel are called to explain how things are going.

Investigations

Thorough and intensive inquiries, involving several or many hearings, into executive branch actions deemed problematic or possibly illegal.

Inspectors General

Officials within each cabinet department whose job is to root out fraud, waste, and abuse, working for both the president and Congress.

Government Accountability Office (GAO)

The field investigator for Congress that looks into programs and issues reports of findings upon member request.

Casework

Work performed by members' offices on behalf of constituents that may uncover systematic problems in executive branch actions.

Power of the Purse

The use of appropriations and authorization processes by Congress to ensure executive departments comply with congressional wishes.

Impeachment

A check on executive power where the House impeaches for "treason, bribery, or other high crimes and misdemeanors" and the Senate tries the case.

Limitation Riders

Provisions placed into appropriations bills that prevent a receiving agency from spending money for particular and sometimes narrowly-defined purposes.

Congressional Review Act (CRA)

A $1996$ law providing a way for Congress to review agency rules via a joint resolution of disapproval before they take effect.

Police Patrol Oversight

A preemptive, systematic, and routinized form of monitoring where committees hold regular hearings and constant vigilance to signal the executive branch.

Fire Alarm Oversight

An oversight style where members of Congress wait for a problem to occur or be identified by the media/interest groups before starting a meaningful effort.

Divided Government

A condition where different political parties control the White House and Congress, which has historically intensified congressional oversight.

Don’t Ask, Don’t Tell

A $1993$ defense directive established by Clinton regarding military service of gays & lesbians, later superseded by legislation in $2010$.

DOGE

An entity created via executive order by President Trump during the first $100$ days of his second term.

Joint Resolution of Disapproval

The mechanism under the Congressional Review Act requiring simple majorities in both Houses and a presidential signature to overturn an agency rule.

Article II, Section 4

The specific constitutional section outlining the grounds for impeachment: treason, bribery, or other high crimes and misdemeanors.