[AP Gov Pol US] Unit 2 Vocabulary

separation of powers

“The accumulation of all powers, legislative, executive, and judicial, in the same hands may justly be the definition of tyranny” (Federalist #47).

checks and balances

“In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself” (Federalist #51).

House of Representatives

435 Members / 2-year terms / based on a population of 760,000

must be 25+ years old and a citizen for 7+

Senate

100 members / 6-year terms / 2 senators per state

must be 30+ years old and a citizen for 9+

delegate role (representational view)

the idea that the main duty of a member of Congress is to carry out constituents’ wishes.

trustee role (attitudinal view)

the idea that members of Congress should act as trustees, making decisions based on their knowledge and judgment.

politico role

emphasizes that Congress is a politicized body, and its members must balance their choices with their interests of constituents and their political party

Congressional responsibilities

representation - may consider themselves a delegate or trustee in their district

lawmaking - they may be attentive to the public, but each congress person may be influenced by their own values, philosophies and perception of interest

consensus building - work with their party members develop party ideas.

overseeing the bureaucracy - serve on committees to make laws and represent constituents

investigating - gathering facts related to legislation, assessing efficiency of exec. agencies, exposing corruption, enhance image of members

checks and balances - war making

Congress declares war, Senate ratifies treaties

President is the commander in chief and negotiates treaties

checks and balances - judicial authority

Congress creates lower federal courts, sets # of judges

Senate gives “advice and consent” over nominees

Executive nominations (ambassadors, bureaucratic heads, cabinet secretaries)

checks and balances - impeachment

House of Representatives charges (simple majority)

Senate holds the trial and convicts (2/3)

earmark legislation

a specific provision inserted into a spending bill for specific projects, bypassing standard competitive allocation processes; very specific in how they can be used / amount granted

pork barrel spending

“bringing home the bacon”; legislators allot money using earmarks to benefit their districts (usually uses logrolling to pass)

logrolling

trading of votes on legislation by members of Congress to get their earmarks passed into legislation.

oversight

efforts by Congress to ensure that executive branch agencies, bureaus, and cabinet departments, as well as their officials, are acting legally and in accordance with congressional goals.

constituency

a body of voters in a given area who elect a representative or senator.

apportionment

the process of determining the number of representatives for each state using census data.

Article I, Section II of the Constitution (representatives are reapportioned every 10 years)

redistricting

states’ redrawing of boundaries of electoral districts following each census

the majority party in the state legislature will create districts that are favorable to them

gerrymandering

the intentional use of redistricting to benefit a specific interest or group of voters.

partisan gerrymandering

drawing of district boundaries into strange shapes to benefit a political party.

majority-minority district

a district in which voters of a minority ethnicity constitute an electoral majority within that electoral district.

malapportionment

the uneven distribution of the population among legislative districts.

incumbency

being already in office as opposed to running for the first time.

incumbency advantage

institutional advantages held by those already in office who are trying to fend off challengers in an election.

sophomore surge

an increase in the votes which the congressional candidates usually gets the first time they run for re-election

franking privileges

a perk which grants an elected official the right to send mail through the postal system for free, often simply by signing their name where the postal stamp would normally be placed

Speaker of the House

the leader of the House of Representatives, chosen by an election of its members.

political action committee (PAC)

an organization that raises money for candidates and campaigns.

House majority leader

the person who is the second in command of the House of Representatives.

whip

a member of Congress, chosen by their party members, whose job is to ensure party unity and discipline.

minority leader

the head of the party with the second-highest number of seats in Congress, chosen by the party’s members.

Senate majority leader

the person who has the most power in the Senate and is the head of the party with the most seats.

committee chair

leader of a congressional committee who has authority over the committee’s agenda.

discharge petition

a motion filed by a member of Congress to move a bill out of committee and onto the floor of the House of Representatives for a vote.

House Rules Committee

a powerful committee that determines when a bill will be subject to debate and vote on the House floor, how long the debate will last, and whether amendments will be allowed on the floor.

Committee of the Whole

consists of all members of the House and meets in the House chamber but is governed by different rules, making it easier to consider complex and controversial legislation.

standing committees

permanent committees established under the rules of each house.

handles legislation and oversight in specific policy areas.

joint committees

members are drawn from both the House and the Senate; can be permanent or temporary

conducts studies or performs housekeeping tasks; does not deal with legislation

conference committees

formed when the Senate and the House pass different forms of a bill (temporary joint committee)

select (special) committees

usually committees created for a specific purpose or investigation; investigates issues not addressed by standing committees or handles unique matters (ex: Jan. 6th)

hold

a delay placed on legislation by a senator who objects to a bill.

unanimous consent agreement

an agreement in the Senate that sets the terms for consideration of a bill.

filibuster

a tactic through which an individual senator may use the right of unlimited debate to delay a motion or postpone action on a piece of legislation.

cloture

a procedure through which senators can end debate on a bill and proceed to action, provided 60 senators agree to it.

veto

the power of a president to reject a bill passed by Congress, sending it back to the originating branch with objections.

distributive policies

aimed at specific groups, selective in nature (narrowly concentrated)

redistributive policies

transfer wealth, resources, or power from one segment of society to another, typically to reduce inequality and promote a more equitable distribution

public policy

the action the government takes to solve a problem, deal with an issue, or meet the needs and wishes of its citizens.

political agenda

 the issues that require political action

public policy process

Agenda setting: What is the policy? What is important to the voting population? Congress must listen to public opinion and address those issues.

Policy formulation: What is the way to attack the policy? Action must be proposed which may require research, long and short-term goals, affected parties, and cost-benefit analysis.

Policy Adoption: a policy is submitted for a bill and receives congressional approval or disapproval

Policy implementation: Government agencies (bureaucrats) will apply the new rules of the policy in order to meet the specific goals.

Policy evaluation: the public and members of government will react to the new policy and decide if anything needs to be amended.

Baker v. Carr (1962)

Tennessee counties each got one member for the state legislature, but some, like Shelby County, were significantly larger—leading to Baker’s concerns that his vote was devalued

redistricting issues present justiciable questions

federal courts have the authority to enforce the 14th amendment’s equal protection clause against state officials if the state legislative districts are disproportionate

Shaw v. Reno (1993)

North Carolina was redistricting to create a race-based majority-minority district (12th district)

the district violated the 14th amendment because it was so oddly drawn that it could only be a result of racial separation

Federalist 70 (Hamilton)

energy in the executive!

qualifications for president

natural-born citizen, 35+ years old, US resident for 14+ years

20th amendment (1933)

inauguration day set to Jan. 20th

22nd amendment (1951)

president can serve two terms (10 years maximum)

25th amendment (1967)

vacancy in presidency (temporary incapacitation, inability to fulfil duties, outside appearance of disability)

Presidential Succession Act of 1947

changed the order of presidential succession to what it is today; the cabinet members are ordered in the line of succession according to the date their offices were established

constitutional powers of the president

commander in chief, legislative / administrative / judicial powers

extension of presidential powers

emergency powers: to act quickly in times of crisis

executive orders: authority that has the force of the law

executive privilege: withholding information for the sake of national security (US v. Nixon, 1974)

budget and impoundment of funds: refusal to spend funds appropriated by Congress

signing statement

a brief declaration a bill is being signed and why that is happening.

veto

sends a bill back to Congress with the president’s reasons for rejecting it; can be overridden by a 2/3 vote in Congress  

pocket veto

letting a bill die by not signing it within 10 days of receiving it; only works when Congress is adjourned (not meeting) and can’t override it

line item veto

the ability to veto parts of a bill

some governors have this power, but the president does not

bully pulpit

the president's use of visibility and influence to guide or mobilize public opinion

War Powers Act (1973)

the President must send a report to Congress within 48 hours

must have Congressional approval past 60 days (and a 30-day withdraw period); passed after the Vietnam War

National Security Act 

allows the president to activate special powers during a crisis

Congress can undo a state of emergency declaration with either a joint resolution and the President's signature, or with a veto-proof majority vote

bureaucracy

a larger complex organization of appointed officials, usually set in a hierarchy of offices

government by proxy; the federal government pays state and local governments to staff and administer federal programs

ex: cabinet positions, armed services, academic institutions, hospitals, businesses

history behind bureaucracy

1. The Patronage System (1829): hiring and promotion based on knowing the right people. 

2. The Pendleton Civil Service Act (1883): created the federal Civil Service. All civil service systems are based on the merit principle (using entrance exams and promotion ratings to reward qualified individuals) to create a nonpartisan government service. 

3. The Hatch Act (1939): prohibits civil service employees from active participation in partisan politics while on duty. 

4. The Office of Personnel Management: in charge of hiring for most agencies of the federal government

executive bureaucracies

1. The Cabinet Departments: A secretary chosen by the president and approved by the Senate heads each of the fourteen cabinet departments. 

2. The Regulatory Agencies: Each independent regulatory agency has responsibility for some sector of the economy—making and enforcing rules designed to protect the public interest.

3. The Independent Executive Agencies: they exist outside the federal government, but need private funding to operate

job of the federal bureaucracy: implementation

develop procedures and rules for implementing policy goals and manage the routines of government.

1. creation of a new agency or assignment of responsibility to an old agency

2. translation of policy goals into operation rules of thumb

3. coordination of resources and personnel to achieve the goals

job of the federal bureaucracy: regulation

the use of governmental authority to control or change some practice in the private sector.

1. Grant of power and set of directions from Congress

2. Set of rules and guidelines by the regulated agency often developed in consultation with the people or industries being regulated

3. Enforcing compliancewith congressional goals and agency regulations.

checks on bureaucracies

Congress - Senate confirms appointments, passes legislation to create / end a department, appropriates funds, sets goals, conducts oversight (Government Accountability Office)

President - appoints and / or removes individuals at the top level, appoints agency heads, shapes priorities through budget, reorganizes agencies

Courts - may restrict / contain an agency (Michigan v. EPA, the EPA must consider costs when deciding to regulate)

iron triangles

establish a mutually supporting relationship between Congress, interest groups, and government agencies

President and Congress find it difficult to control bureaucracies because agencies have strong ties to interest groups and congressional committees and subcommittees.

seniority rule

a practice where length of service grants preferential treatment, such as in U.S. Congress for committee chairmanships and assignments

criminal law case

an individual is charged by the government with violating a specific law

civil law case

involves disputes between two parties and defines relationships between them

district courts

94 courts of original jurisdiction; the only federal courts in which trials are held

98% of criminal cases are heard in state and local courts; handles 100 million cases a year

appellate courts

12 courts with the authority to review the final decisions of the district courts; can also review / enforce orders of federal regulatory agencies

Supreme Court

original jurisdiction: ambassadors, US or a state is a party

appellate jurisdiction: the court of last resort (99% of cases)

still only decides roughly 2% of cases (usually chooses ones that involve major issues)

solicitor general

has important influences on the court - decides whether to appeal cases that the gov. has lost in lower court, reviews and modifies briefs presented in gov. appeals, represents gov. before the SC, submits a brief on a litigant in a case where the gov. is not directly involved

politics of judicial selection

only 13 of the 114 members of the SC have been nominated by presidents of a different party

the Senate Judiciary Committee questions the nominee

the Gang of Fourteen: a bipartisan group who may filibuster a nomination (Senate)

rule of four

four Supreme Court justices must agree to hear a case

writ of certiorari

a formal request to a higher court to review a lower court's decision; granted when the four SC justices agree to hear the case

amicus curiae brief

a type of brief reviewed by the Supreme Court before entering the courtroom; briefs are generally meant to raise new points and influence the Court’s decisions

means “friend of the court”, and is prepared by someone not directly involved in a case (e.g., solicitor general, interest groups)

majority opinion

written by the judges that agree with the decision of the case

dissenting opinions

written by justices opposed to all or part of the majority’s decision

concurring opinions

written not only to support a majority decision but also to stress a different constitutional / legal basis for the judgment

stare decisis

an earlier decision should hold for the case being considered (precedent)

judicial restraint

believe the courts should avoid constitutional questions when possible (adhere to precedent) and play a minimal role in policymaking

judicial activism

encourages the courts to actively use judicial review to interpret and enforce the Constitution

envisions the courts playing a role equal to those of the legislative and executive branches in determining the meaning of the Constitution.

Federalist 78

argues for the importance of the independent judiciary and the power of judicial review

the judiciary is the “least dangerous branch” because it lacks control over the “sword and the purse”

life tenure for judges = independence from political pressure