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Horizontal Separation
separation of powers within federal government
Legislative Powers
Write laws, Article I of the Constitution
Executive powers
Execute laws, Article II of the Constitution
Judicial Powers
Interpret laws, Article III of the Constitution
Article I, Section 8, Clauses 1-17
Expressed powers of CongressArti
Article I, Section 8, Clause 18
Implied powers (necessary and proper clause) of congress
Power of the Purse
The House can control government spending and can withhold funds for certain programs
Power of the Sword
The power for the executive branch to control the military
Incumbency
The advantage of somebody who already has the position and won a previous election (media, franking privileges, weak opponents, name recognition, gerrymandering, fund-raising)
Pork Barrel Spending
Spending money to bring it back, often in support of constituents
Gerrymandering
Drawing districts to favor one party over another
Shaw v. Reno
made is unconstitutional to use race as a basis for drawing lines both to include or exclude minority voters
Redistricting
The process of redrawing district drawings every 10 years after the census
Baker v Carr
“One person, One vote“ districts must be drawn with contiguous boundaries and roughly equal in population
The House of Representatives
435 voting members (by population); 2 year terms; initiates revenue bills; initiates impeachment procedures
Senate
100 voting members (2/state), 6 year terms; offers advice/consent on major presidential appointments; tries impeached officers, approves treaties
Delegate
when a congressperson acts according to what their constituents want (common in the house)
Trustee
when a congressperson acts according to their convictions and what is best for the country in the long run (common in senate)
standing committees
where proposed bills are referred
joint committees
includes members from both houses of congress
conference committee
committee to reconcile differences in bills passed by the house and the senate
select/special committee
temporary committee appointed for a specific purpse
hold
where a senator is asked to be informed before a particular bill
filibuster
formal way of holding senate action by long speeches or unlimited debate
cloture
sixty senators sign to end the filibuster
Congressional Act of 1974
established Congressional budgetary processes and Congressional Budget Office
Reconciliation
consideration of controversial issues affecting the budget; limits debate to 20 hours and ends filibuster
The War Powers Act
the president may deploy troops overseas to a 60 day period in peacetime
congressional review
congress can exercise its oversight powers by nullifying agency regulations
Presidential Qualifications
must be natural-born to the US; 35 years old; and a resident of the US for >14 years
22nd amdnement
presidents may serve up to 2 terms
Executive privledge
implied presidential powers to refuse to disclose information
presidential succession act and 25th amendment
those in line to succeed the president, procedures for filling vacancies in the office of president
appointment power
power of the president to give advice and consent to the senate, courts, and cabinet
power to convene congress
power of the president to inform Congress during the state of the union
the power to make treaties
the power of the president to sign treaties, receive ambassadors, and make executive treaties
the veto power
presidential power to veto legislation
the power to preside over the military as commander in chief
control army/navy
the pardoning power
checks on judicial power where the president can grant to release an individual from punishment/legal consequences of a crime before or after conviction
Informal Qualifications for President
varies and represents what people consider important; male, heterosexual, Christian, incumbent, educated, tall, white, and physically fit
Electoral College Process
electors nominated by state parties, election day, tally of popular vote, electors vote in state capitals, electoral votes sent to Congress, joint session of congress
Cabinet Departments
administrative units
Independent Executive Agencies
similar to cabinet departments, have a narrower range of responsibilities
independent regulatory commissions
regulate a specific economic activity or interest
government corporations
businesses established by Congress to provide functions that private businesses could provide
Hatch Act (1939)
prohibits civil servants from taking activist roles in partisan campaigns
Iron triangles
relationships that occur among agencies, interest groups, and congressional committees/subcommittees
issue networks
loose and Informal relationships that exist among a large number of actors who work in broad policy areasi
interagency councils
working groups established to facilitate the coordination of policy making and implementation across a host of agencies
Policy coordinating committees (PCCs)
facilitate interaction among agencies and departments to deal with complex policies
Elite theory
socieyt is divided into elites and masses, elites have power to make and implement policy, masses respond to the desire of the elites
bureaucratic theory
all institutions fall under control of a large bureaucracy; carries out policy using standardized procedures; bureaucrats are dominant due to their expertise and competence
special interest theory
narrow/specialized groups control the government process; interest groups can step into the government to narrow issues and express concern
pluralist theory
political resources in the US are so large that no single group/interest could ever control any substantial area of policy
distributive policy
provides benefits to individuals, groups, communities, or corporations
regulatory policy
limit the activities of individuals and corporations or prohibit certain types of unacceptable business practices
redistributive policy
public policies that transfer resources from one group to another
agend setting
issue is moved to the institutional agenda
policy formulations
making courses of action to resolve public problems
policy adoption
approval of a policy proposal by the people with requisite authority
policy implementation
process of carrying out public policy
authoritative techniques
people actions must be directed/restrained by government enforecement
incentive techniques
encourage people to act in their own best interest (offer payoffs or tax highly)
capacity techniques
people with information, education, training, or resources that enabled them to participate in policy
hortatory techniques
appeal to the better instincts of pople, direct them to act in desired ways (people decide how to act based on personal values)
polcity evaluation
determine whether a course of action is achieving its intended goals
judiciary act of 1789
establish 3 tiered structure of federal courts
US district courts
at least one/state; original jurisdiction
US Courts of appeals (circuit courts)
if unhappy with district court decision; created by Congress; appellate jurisdiction
11th amendment
protects states from being sued in federal court by a citizen of a different state/country
judiciary act of 1801
federalist effort to pack the courts with partisan judges; reduced members of SCOTUS from 6 to 5, SCOTUS no longer needs to travel, 16 new federal judges
trial courts
where Litigation begins
appellate courts
review findings of law made by trial courts
court of last resourt/constitutional courts
SCOTUS or state courts
executive orders
manage operations within the internal federal government; cannot issue based on something that isn’t an existing law
signing statements
written comment by the president when sighing laws; interpretation, concerns, or plans of implementation
executive priviledge
president right to withhold certain info from Congress, the courts, or the public; if it pertains to national security of executive branch discussions
sources of presidential power
the Constitution, public opinion, congress
independent judiciarty
judicial branch executes powers seperate form the other branches; non-partisan and doesn’t rely on political pressures
common law/precedent
laws and judicial decisions are based on previous laws/decision
criminal law
violation of specific laws that may be punished; violation against society
civil law
dispute between two parties; breach on contract, writ of mandamus, injunction
original judisdiction
hear a case first
appellate jurisdiction
hear a case on appeal
limited jurisdiction
restricts a case to specific types of courts
demographics of congress
gradual increase in diversity (especially in the house); dominant charactaristics: men, white, older age, law/business degrees, Christians
Speaker of the House
presiding officer of the HOR; sets legislative agenda, assigns bills to committees, oversees floor proceedings, represents the house
majority leaders
leads the majority party in the house/senate, sets legislative agenda, coordinates party strategy
minority leaders
leads the minority party, acts as spokesperson, organizes opposition to the majority’s agenda
whips
assist majority and minority leaders in managing party members and ensuring party loyalty
president pro tempore
senior member of the majority party in the Senate (largely ceremonial)
committee makrkup
where a committee makes revisions and amendments to a bill
germaine amendments
amendments that are directly related to the subject matter of the bill; required by the house
non-germaine amendments
amendments unrelated to the main subject of the bill; permitted in the senate
rider amendments
a type of non-germane amendment to pass provisions that may not pass on their own
rules committee
determines the terms of debate for bills
appropriations
legislative funding for specific government programs and agencies
programatic requests/earmarks
funding requests by members of Congress for specific local projects within their districts/states