Government Policy and the Role of Congress, Presidency, and Judiciary

These flashcards cover key concepts about the legislative process, the roles and powers of Congress, the presidency, and the federal judiciary, according to the provided lecture notes.

How a Bill Becomes a Law

The process includes introduction by Congress members, committee review, floor debate, conference committee resolutions, and presidential action.

Veto

The president's power to reject a bill passed by Congress.

Executive Orders

Directives issued by the president to manage the operations of the federal government without needing legislative approval.

Bureaucracy

The system of civil servants and political appointees that implement laws and policies in the executive branch.

Judicial Review

The power of the Supreme Court to declare laws and executive actions unconstitutional, established in Marbury v. Madison (1803).

Constitutional Interpretation

Determining if a law conforms to the Constitution, involving constitutional and statutory interpretation.

Legislative Power

The authority granted to Congress to create laws, as detailed in Article 1, Section 8 of the Constitution.

Impeachment

The process by which Congress can remove a federal official from office, initiated by the House of Representatives.

Elastic Clause

Gives Congress the authority to pass laws deemed "necessary and proper" for executing its enumerated powers.

Descriptive Representation

The extent to which representatives share demographic characteristics with their constituents.

Credit Claiming

A strategy used by legislators to take credit for positive outcomes affecting their constituents.

Gerrymandering

The manipulation of electoral district boundaries to favor one party over another.

Franking Privilege

The right of incumbents to send mail to constituents at government expense

Committee System

The organizational structure in Congress that allows for specialized examination of legislation.

Logrolling

A practice in Congress where members support each other’s bills to gain mutual benefits.

Judicial Activism

Judicial philosophy where judges interpret laws broadly, often to promote social change.

Judicial Restraint

Judicial philosophy where judges defer to the decisions of the legislative and executive branches.

Senate Majority Leader

The head of the majority party in the Senate, responsible for managing legislative strategy.

Whip System

A method through which party leaders ensure party discipline and gather votes.

Public Opinion

The collective attitudes and beliefs of individuals on political issues, which can influence executive actions.

    Bill:

Proposed legislation introduced in Congress

     Legislation

Laws passed by Congress and signed by the President.

Markup

Committee process of amending and revising a bill

Veto

President's rejection of a bill.

Executive Orders

Directives issued by the President to implement policy.

Bureaucracy

Executive branch agencies that enforce laws and regulations.

Civil Servants

Permanent government employees.

Political Appointees:

Presidential appointees to senior government positions.

Regulation

Rules issued by agencies to enforce laws.

Notice-and-Comment Procedure

Public feedback process before finalizing regulations.

Judicial Review

Supreme Court’s power to declare laws unconstitutional.

Constitutional Interpretation

Determining a law’s alignment with the Constitution.

   Statutory Interpretation

Clarifying ambiguous statutory language.

    Bicameralism:

Two-chambered legislature (House and Senate)

Permanent Campaign

Ongoing reelection efforts due to short election cycles.

Descriptive & Substantive Representation

Reflecting constituents' demographics vs. advocating their interests.

Trustee

Voting based on personal judgment and national interest

Delegate

Voting strictly according to constituents’ preferences

Electoral Connection

The idea that reelection drives legislative behavior. (MAYHEW)

Advertising, Credit Claiming, Position Taking

Strategies to maintain visibility and support.

Incumbency Advantage

Benefits incumbents enjoy, leading to high reelection rates.

Constituency Service

Assisting constituents with federal agencies or programs.

Redistricting

Redrawing district boundaries after the Census (every 10 years)

Gerrymandering

Manipulating district boundaries for political advantage.

Gridlock

Legislative inaction due to partisan conflict.

Logrolling

1. The practice of lawmakers exchanging favors, such as voting for each other’s bills.

Earmarks

Specific funds provided by Congress for particular projects, often benefiting a legislator’s district.

Seniority

 The status given to members of Congress based on the length of their service, often influencing leadership and committee positions.

Speaker of the House

 The presiding officer of the House of Representatives, and the most powerful leader in the chamber.

Majority Leader

 The head of the majority party in a legislative chamber, responsible for managing the party’s agenda.

Whip System

 Party leaders who work to gather votes and ensure party discipline among members.

Minority Leader

 The head of the minority party in a legislative chamber, representing the opposition and coordinating the party’s strategy.

Committee System

A system in Congress where legislation is reviewed and shaped by smaller groups specializing in specific areas.

Distributive Theory

The idea that Congress tends to distribute resources to meet the needs of individual members’ districts.

Informational Theory

The concept that committees are used to gather expertise and make more informed legislative decisions.

Veto

The president’s constitutional power to reject a bill passed by Congress.

Omnibus Legislation

Large bills that combine many measures into one package, often to secure enough votes for passage.

Filibuster

A tactic used in the Senate to delay or block legislation by extending debate.

Reconciliation

A legislative process that allows certain budget-related bills to pass with a simple majority in the Senate, bypassing a filibuster.

Positive Agenda-Setting Powers

The ability of party leaders to bring issues or bills to the legislative agenda for discussion or voting.

Negative Agenda-Setting Powers

The power to block or prevent certain issues or bills from reaching the legislative floor.

Constitutional Authority

Powers directly granted by the Constitution (e.g., veto, commander in chief).

Statutory Authority:

Powers granted by Congress through legislation.

Vesting Clause

Grants executive power to the president (Article II, Section 1). Both the head of state and government

War Powers Resolution

Limits presidential war-making powers without Congressional approval.

Authorization for Use of Military Force (AUMF):

Congressional authorization for military action without a formal declaration of war.

State of the Union:

Presidential address recommending legislative priorities.

Executive Privilege

The president’s right to withhold information from Congress or the courts.

Separated Institutions Sharing Powers

Concept that each branch of government has separate powers but must work together.

Unilateral Action

When a president takes action without the approval or cooperation of Congress (e.g., executive orders).

Unitary Executive Theory

A theory that argues the president has broad and centralized control over the entire executive branch, with limited checks from Congress or the courts.

Executive Orders

Official directives from the president that have the force of law, used to manage operations within the federal government.

Executive Agreement

An international agreement made by the president without Senate approval, often used in place of a formal treaty.

Going Public

A strategy where the president appeals directly to the public to gain support for policies, hoping to pressure Congress into action.

Principal-Agent Dynamics

Civilian leaders (principals) delegate authority to the military (agents) to defend national interests. The challenge lies in ensuring the military follows civilian directives (work) rather than pursuing its own preferences (shirk).

Adverse Selection and Moral Hazard

Civilian leaders face adverse selection when choosing military leaders who may appear loyal but hold divergent preferences. Moral hazard arises when the military has incentives to misrepresent its actions or intentions.

Divergent Preference

Civilians and the military share the goal of national security but often disagree on strategies and policies. These differences are amplified by military culture, strategic preferences, and the desire for autonomy.

Work

means fulfilling civilian directives in good faith.

Shirk

involves pursuing military-preferred policies, resisting civilian oversight, or selectively interpreting orders.

monitoring and Punishment

Feaver argues that effective civilian control requires a combination of:

Intrusive Monitoring

Close supervision and audits to ensure compliance.

Non-Intrusive Monitoring

Establishing incentive structures and third-party oversight mechanisms.

Punishment Mechanisms

Consequences for shirking, although Feaver emphasizes that punishment is not automatic and must be contextually applied.

Iterative Interaction

Civil-military relations are dynamic, requiring continuous adjustments as threats evolve, political contexts shift, and military capabilities change.

Civilian ‘Right to be Wrong’:

In a democracy, civilian leaders have the authority to make strategic decisions even if the military disagrees, reinforcing civilian supremacy.

Civil Servants

Government employees hired based on merit, not political affiliation, who perform the day-to-day work of the bureaucracy.

Political Appointees

Individuals appointed by the president (often with Senate confirmation) to top-level government positions, usually serving at the president’s discretion.

Regulation

Rules or directives made and enforced by government agencies to control or guide behavior in specific areas (e.g., environment, economy).

State Capacity

The ability of a government to administer its territory effectively, enforce laws, and implement policies.

Principal-Agent Game

 A model describing how elected officials (principals) delegate tasks to bureaucrats (agents), who may have different goals, creating a need for oversight.

Regulatory Capture

A situation where regulatory agencies are dominated by the industries they are supposed to regulate, leading to biased decision-making.

Federal Civil Service

The permanent, professional branches of government administration, where employees are hired based on merit through exams and qualifications.Started during the progressive era.

Independent Agencies

 Government bodies that exist outside of the executive departments and have more autonomy, often to limit political influence (e.g., the Federal Reserve).

Bureaucratic Drift

When bureaucratic agencies implement policy in a way that deviates from the original intent of lawmakers or executives.

Police Patrol Oversight

 A proactive, routine form of congressional monitoring of bureaucratic agencies to ensure compliance with the law.

Fire Alarm Oversight

A reactive form of oversight where Congress responds to complaints or problems raised by citizens or interest groups, rather than actively monitoring.

Executive Office of the President (EOP)

A group of agencies and offices that support the president’s policy agenda and administrative duties (e.g., Office of Management and Budget).

Original Jurisdiction

Authority to hear cases for the first time.

Judiciary Act of 1789

Established the structure of the federal court system.

Marbury v. Madison (1803)

Established judicial review.