AP US Government and Politics Unit 2

Article I

establishes two-house legislature

bicameral

two-house

House of Representatives

determined on state population as collected by the census every ten years

- serve for 2 years

- at least 25 years old

- originates revenue bills

- initiates impeachment

- breaks tie for president in Electoral College

- 435 members

- unlimited terms

- centralized and hierarchical

- Rules Committee (majority party) controls agenda

- limited debate time

- Powerful Speaker of the House

- Focus on revenue and spending

Senate

- two members from each state

- serve for 6 years

- at least 30 years old

- provides “advice and consent on treaties and presidential appointments

- handles trial of impeached officials

- 100 members

- unlimited terms

- less centralized

- committees don’t have as much authority

- Looser debate

- Focus on foreign policy

- Leaders less powerful except for powerful majority leader

Seventeenth Amendment

gave people the right to elect senators directly

Caucuses

groups in Congress that unite around a particular belief or concern

Coalitions

alliances of distinct parties or persons

Power of the Purse

Congress has the power to tax. No money can be drawn from the Treasury without the consent of Congress.

Regulating Commerce

commerce clause, has been used to assume authority over basically anything by connecting it to commerce

Foreign and Military Affairs

Congress can raise armies and navies, legislate or enact conscription, mandate a draft, and declare war. Also manages military budget/salary/finances.

- Senate can ratify treaties by a two-thirds vote

- Senate can confirm presidential nominations for ambassadors and high ranking military personnel

War Powers Act

President is required to inform Congress within 48 hours of committing US forces to combat. Congress has 60 days (+30) to approve military force and funding.

Implied Powers

using the elastic clause, Congress has created a Department of Education, defended marriage, and addressed other issues

advise and consent

Senators can recommend or reject presidential appointments. if major appointments are approved in a hearing, Senate takes a vote (simple majority is required).

House can impeach an official; Senate tries the official (two thirds majority removes them)

Speaker of the House

de facto leader of the majority party, recognizes members for floor speeches, organizes conference committees, influence on lawmaking

Majority and minority leaders or floor leaders (House)

direct debate among their party’s members, first members recognized in debate, spokespersons for the party

whip or deputy leader

in charge of party discipline, keeps rough tally of votes, communicate leadership views to members, keeps party members in good standing and acting professional, can make members step down

President of the Senate

VP in the Constitution, but VP is rarely present nowadays. In modern times, senators of majority party share presiding duties. VP breaks tie vote.

President pro tempore

President pro tempore - temporary president, mostly ceremonial, held by the most senior member of the majority party, presides over Senate in the absence of VP, signs legislation, issuing oath of office to new senators

Twenty-fifth Amendment

pro tem assumes position of VP if a vacancy occurs

Senate majority leader

most powerful person in senate, chief legislator, the first person the chair recognizes in debate, sets legislative calendar, determines which bills reach the floor for debate and which do not. Guides party caucus on issues and strat.

Standing Committees

permanent committees focused on particular policy areas. Members can specialize in a few topics and become experts.

Committee chairpersons

senior members of the majority party

Vice chairs

senior members of minority party

House Judiciary Committee

defines illegal behavior through bills and handles impeachments

House Ways and Means Committee

committee exclusive to the house that determines tax policy

Steering and Policy Committee

recommends members for standing committees, Republicans and Democrats each have one

joint committees

members from both House and Senate, such as Library of Congress committee or Joint Committee on Taxation. Mostly routine management and research.

select committees

temporary committees for a particular purpose, such as committees to investigate major scandals and events.

conference committee

temporary committee to iron out differences when House and Senate pass slightly different versions of the bill

germane amendments

directly related to legislation

House Rules Committee

can dispose of bills or define guidelines for debate. Nothing reaches the floor unless Rules Committee allows it. Usually reflects the will of leadership and the majority caucus. Assigns bills to standing committees, schedules bills for debate, decides when votes take place.

Committee of the Whole

includes but doesn’t require all representatives. More of a state of operation where House rules are relaxed. Allows longer debate among fewer people. Members can vote as a group. Includes nonvoting delegates from territories like Puerto Rico.

discharge petition

simple majority means the bill is discharged out of committee and onto the House floor, in cases of reluctant committees

nongermane amendments

amendments on literally any subjects, allowed in Senate

filibuster

talking for a really long time to kill a bill or to block a nomination

unanimous consent

approval of all senators

hold

measure to stall a bill

cloture rule

required a two-thirds majority to stop debate on a bill (lowered to three fifths in 1975)

sponsor

person who introduces a bill and assumed authorship, presents the bill

riders

nongermane amendments

omnibus bill

bill that includes multiple areas of law/addresses multiple programs

pork barrel spending

funds earmarked for specific purposes in a legislator’s district

multiple referral status

multiple committees can address a bill simultaneously

sequential referral status

one committee has priority to review a bill over others

Committee stages

hearings, markup, and reporting out

pigeonholing a bill

committee chair decides to not move it forward to debate until a later time, if at all

logrolling

trading votes to gain support for a bill

Sources of government revenue

individual income taxes, corporate taxes, social insurance taxes, tariffs and excise taxes

mandatory spending

payment required by law for certain programs like Social Security, Medicare, Medicaid, unemployment insurance, and other funds

discretionary spending

spending that congressional committees debate and decide how to divide up

gridlock

congestion of opposing forces that prevents ideas from moving forward

delegate model

lawmakers who vote based on their constituency

substantive representation

advocating on behalf of certain groups

descriptive representation

advocating for groups and the factors that make those constituents unique

trustee model

vote based on their better judgment

politico model

lawmakers who consider both their own judgment and constituents’ opinions

gerrymandering

illogical district lines drawn to give the advantage to one party

swing districts

districts with close elections

partisan gerrymandering

districts carved out to guarantee safe seats

policy agenda

set of issues that are significant to people involved in policymaking

Article II

establishes presidency

- has to be a natural-born citizen, at least 35 years old, and a US resident for at least 14 years

- Commander in Chief, can issue pardons and reprieves, and appoint ambassadors, judges, and other public officials

- Can recommend legislative measures to Congress

- can veto or approve bills

- can convene or adjourn the houses of Congress

- Chief legislator

formal powers

defined in Article II

informal powers

political powers interpreted to be inherent in the office

Line-item veto

many presidents have called for the power to veto particular parts of the budget from a bill but not all the bill, but the Court ruled that this power would require a new amendment

Commander in Chief

President has a lot of control over the military

- if an operation is defensive, the president can act quickly for efficiency

executive agreement

kind of like a treaty but doesn’t require Senate approval. Simple contract between two heads of state.

executive order

empowers the president to carry out the law or administer the government

signing statements

when signing a bill, presidents can add some commentary on the law or their interpretation

executive privilege

the right to withhold information or their decision-making process from another branch of government

Vice President

selected by a presidential nominee before an election. Has very vague powers and not that much influence.

Cabinet

advises the president and runs governmental departments

secretaries

appointed by president, balance of geography, gender, ethnicity, and ideology. Diverse staff in interest of accomplishing agendas.

State Department

promotes foreign policy of US across the globe.

ambassador

a top diplomat appointed in an embassy by the State Department

Defense Department

headquartered at the Pentagon. Civilian secretaries of defense.

Joint Chiefs of Staff

council of top uniformed officials from each military branch

Federal agencies

subcabinet entities that carry out specific government functions. Many fall under larger departments (for example FBI is under Justice Department).

White House Staff

President’s immediate staff of specialists in the White House Office

chief of staff

responsible for operation of the white house, accurate flow of business, papers, and information. No specific policymaking power but has influence on the President.

inherent powers

powers that aren’t explicitly listed but are within the jurisdiction of the president

judicial interactions

president enforces judicial orders

judicial appointments

president appoints judges

imperial presidency

a powerful executive guided by a weaker Congress; a presidency with greater powers than the Constitution allows

stewardship theory

approach that presumes the government has a duty to act in national interests, unless the action was clearly prohibited by the constitution

Twenty-second Amendment

prevents any president from serving more than two consecutive terms

War Powers Act

president can order military into combat 48 hours before telling Congress; Congress can vote to approve or disapprove any presidential military action at any time within 60 or 90 days

bully pulpit

coined by TR; presidency is a prominent state from where he could pitch ideas to the American people

State of the Union Address

constitutional requirement of the president having to report to Congress on the state of the nation, propose new policy, and explain how gov programs are administered

U.S. District Courts

lowest tier of federal courts

- trial courts with original jurisdiction over federal cases

- civil trials (citizen plaintiff brings a lawsuit against another)

- criminal trials (government is the plaintiff)

- tries federal crimes such as counterfeiting, mail fraud, tax evasion (stuff that violates the constitution, Article I, Section 8)

- drug trafficking, bank robbery, terrorism, and acts of violence on federal property are tried in federal courts as well

- Each district has U.S. attorney appointed by the President, answer to the attorney general

- citizens or group can sue government officials, and in some cases sue the actual government

U.S. Circuit Courts of Appeals

middle tier

- certiorari - appeal based on the concept of “to make more certain”

- panel of judges, no witness stand and no jury box

- do not entertain new facts, but narrow question or point of law

- shape the law

certiorari

appeal based on the concept of “to make more certain”

U.S. Supreme Court

top tier

- chief justice, eight associate justices

- hear mostly cases on appeal

- original jurisdiction - the authority to hear a case for the first time if it deals with ambassadors, public ministers, or states as a party

 decides on technicalities of constitutional law

original jurisdiction

the authority to hear a case for the first time

judicial review

supreme court can examine legislative acts to see if they conform with the Constitution

judge’s terms

judges rule for life, or until they retire. Therefore, judges can make unpopular but necessary decisions and not be influenced by ideology.

appellate jurisdiction

authority to hear appeals

treason

at least two witnesses must testify in court to convict accused of treason

precedent

a court ruling that firmly establishes a legal principle

stare decisis

let the decision stand

binding precedent

if a district court receives a case that’s similar to a decided circuit level case, it must rule the same way