branches of government (apusgov)

filibuster

A delaying tactic used in legislative bodies, where a member speaks for an extended period to prevent a vote on a bill. It aims to obstruct or delay the legislative process. Filibusters are commonly used in the U.S. Senate to block or delay the passage of legislation.

cloture

A parliamentary procedure used to end a debate and bring a vote on a bill. Requires a three-fifths majority (60 votes) in the U.S. Senate.

power of the purse

The power of the purse is the authority held by a governing body (congress) to control and allocate financial resources. It allows them to make decisions on how money is spent, including budgeting, taxation, and appropriation of funds.

discretionary spending

what the President and Congress must decide to spend for the next fiscal year through annual appropriations bills

mandatory spending

also known as direct spending, is mandated by existing laws (goes to entitlement programs)

earmarks/”pork barrel”

policies that benefit specific constituents (made with aim of winning re-election)

reciprocity/”logrolling”

The practice of exchanging favors

standing committees

Permanent committees in a legislative body that specialize in specific areas of legislation or oversight. They review, amend, and recommend bills related to their jurisdiction, conduct investigations, and provide expertise. Examples include the House Judiciary Committee and Senate Finance Committee.

select committees

Committees formed by a legislative body to investigate specific issues or propose legislation. Composed of members from different parties, they examine evidence, hear testimonies, and produce reports. They play a crucial role in scrutinizing government actions and holding them accountable.

conference committees

Temporary committees composed of members from both the House and Senate. They are responsible for reconciling differences between the versions of a bill passed by each chamber. Conference committees negotiate and produce a final version of the bill, which is then sent back to both chambers for a final vote.

incumbency factors

advantages: name recognition, office perks (franking privilege, congressional staff), and fundraising (“war chest”

discharge petition

A legislative tool used in the US Congress to force a bill out of committee and onto the floor for a vote, bypassing the usual process. It requires the support of a majority of members to be successful.

open rule

permit the offering of any amendment that otherwise complies with House rules, and allows debate under the 5-minute rule

closed rule

effectively eliminate the opportunity to consider amendments, other than those reported by the committee reporting the bill

gridlock

happens when parties work against each other to block legislation until their demands are met

divided government

when one political party controls the White House while another controls one or both houses of Congress

reapportionment

redistribution of the 435 seats of congress across 50 states

mal-apportionment

creating districts with different populations

redistricting

drawing new district lines in a state (done by state legislative body)

gerrymandering

Manipulating the boundaries of electoral districts to favor a particular political party or group. It aims to gain an unfair advantage by concentrating or dispersing voters in a way that influences election outcomes. It undermines the principle of fair representation and can lead to distorted democratic processes.

trustee model

member’s conscience determines their vote (for the good of americans)

delegate model

members vote to please constituents in order to secure re-election

politico model

combo of delegate, partisan, and trustee

partisan model

party-line voting

war powers act (1974)

Legislation passed in 1974 to limit the President's power to engage in armed conflicts without Congressional approval. Requires the President to inform Congress within 48 hours of deploying troops and mandates their withdrawal within 60 days, unless Congress authorizes an extension. Aims to maintain a balance of power between the executive and legislative branches in matters of war.

formal powers of executive branch

control of military, veto, pocket veto, pardon, appointments, treaties, call special sessions

informal powers of executive branch

executive order, executive agreement, mandates, executive privilege, singing statement, expanding bureaucracy

bully pulpit

A term coined by President Theodore Roosevelt, referring to the power and influence of the presidency to shape public opinion and push legislative agendas. The bully pulpit allows the president to use their position to advocate for and promote their policies, often through speeches, media, and public addresses.

executive orders

Presidential directives that have the force of law, allowing the President to bypass Congress in certain situations. They can be used to implement policies, manage the executive branch, or clarify existing laws. Executive orders can be challenged in court or overturned by future Presidents.

executive agreements

international agreements made by the President of the United States without Senate approval. They allow for cooperation between countries on various issues, such as trade, defense, or environmental matters. Unlike treaties, executive agreements are not binding on future administrations and can be terminated by the President.

signing statements

official pronouncements issued by the President of the United States at or near the time a bill is signed into law

veto

The power of a president or other official to reject a proposed law or decision. It prevents the law from being enacted unless overridden by a two-thirds majority in Congress.

pocket veto

When a president indirectly rejects a bill by not signing it within the last 10 days of a congressional session, effectively preventing it from becoming law.

executive privilege

the right of the president to protect their advisors or other executive branch officials from subpoenas by the judicial and legislative branches

bureaucracy

a large, complex organization composed of appointed officials and civil servants

cabinet

the president's top advisors and are responsible for managing the various departments and agencies within the executive branch

independent agency

agencies that, while constitutionally part of the executive branch, are independent of presidential control, usually because the president's power to dismiss the agency head or a member is limited

government corporation

businesses run by the federal government

CBO (congressional budget office)

produces independent, nonpartisan, analysis of economic and budgetary issues to support the Congressional budget process

OMB (Office of Management and Budget)

oversees the performance of federal agencies, and administers the federal budget

civil service (merit) system

hiring is based on experience/qualifications and competitive exams

discretionary authority

The power given to an agency to make decisions about the implementation of existing laws, using its discretion and judgment

issue networks/iron triangles)

a close relationship between an agency, congressional committee, and interest group

majority opinion

written outlining the views of the majority of justices involved in the particular case

dissenting opinion

An opinion disagreeing with a majority in a Supreme Court ruling

original jurisdiction

The authority of a court to hear a case “in the first instance.”

precedent/stare decisis

The legal principle that courts should follow precedents set by earlier, similar cases, in order to maintain consistency and predictability in the law

judicial review

supreme court can review government actions to determine if they’re constitutional

writ of certiorari

written request to ask supreme court of hear a case (petition)

rule of four

case is heard if four justices want to hear it

amicus curiae

someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it

oral argument

30 minutes for each side (justices can interrupt)

judicial restraint

the philosophy that the court should avoid taking the initiative on social and political questions

judicial activism

philosophy that the court should play an active role in shaping national policies by addressing social and political issues

originalism (strict construction)

judges are bound by the wording of the constitution (tend to be conservative)

living constitution (loose construction)

judges should look to the underlying principles of the constitution —> can evolve (tend to be liberal)

baker v. carr

held that federal courts could hear cases alleging that a state's drawing of electoral boundaries, i.e. redistricting, violates the Equal Protection Clause of the Fourteenth Amendment of the Constitution. (courts had jurisdiction to rule on cases of apportionment)

shaw v. reno

ruled that redistricting based on race must be held to a standard of strict scrutiny under the equal protection clause and on the basis that it violated the fourteenth Amendment because it was drawn solely based on race

federalist 70

argues in favor of the unitary executive created by Article II of the United States Constitution

federalist 78

describes the process of judicial review, in which the federal courts review statutes to determine whether they are consistent with the Constitution and its statutes

22nd amendment

limits presidents to two terms of office