AP US Government: Unit 2

constituents

the people that each member of Congress represents (for the House, that is the people in their District; for the Senate, it is the people of the entire state)

apportionment

the process by which House seats are distributed to the states after each Census is taken

appropriation

authorizing money to be spent from the U.S. treasury through a bill specifically setting aside money for that purpose

power of the purse

Because Congress is in charge of appropriating money for government programs, they have a significant power to check presidential action by whether they appropriate money for a program/project or not. This is referenced as the "power of the purse".

impeachment

A formal accusation of wrongdoing against a member of the executive or judicial branch. Impeachment charges are brought by the House and then a trial takes place in the Senate.

oversight

A form of checks and balances where Congress oversees how laws are carried out by the executive branch.

bicameralism

Division of the legislative branch into two houses.

Advice & consent power

a power of the Senate whereby they must give approval to some executive actions, such as presidential appointments to the judiciary and treaties with foreign nations.

Congressional override

Congress can override a presidential veto with a 2/3 vote of both houses.

necessary and proper clause

Clause in Article I, section 8 which allows Congress to stretch its other powers in section 8 to meet the changing needs of the nation. The "stretch" must relate to another specific expressed power of Congress in order to be Constitutional. Also called the "elastic clause."

expressed powers

those powers specifically listed in the Constitution, primarily in Article I, section 8.

implied powers

another term for the powers that are granted through the necessary and proper clause

revenue bills

Bills to raise revenue for the government (taxes). Revenue bills must originate in the House according to the Constitution, but must be passed by both houses and signed by the president.

Commerce clause

A significant power granted to Congress was the power to regulate trade between the states and with foreign nations. This power is one of the most frequently stretched powers using the necessary and proper clause.

War powers

The Congress declares war; the President conducts war. Congress has the power to raise troops and must provide funding for the troops; the president is commander in chief and directs troop operations. Treaties to end war are negotiated by the President, but must be approved by the Senate.

House qualifications

25 years old; citizen for at least 7 years; resident of the state you represent

Senate qualifications

30 years old; citizen for at least 9 years; resident of the state you represent

reapportionment

A process that occurs every 10 years after the Census, in which Congressional seats are reapportioned based on the newest population counts for each state

redistricting

A process that occurs after reapportionment in which the state legislatures redraw the district lines for Congressional districts (and state legislative districts as well).

gerrymandering

The drawing of House district lines in a way that benefits the party in power; many forms of gerrymandering have been declared illegal by the courts, but not all.

Speaker of the House

top leadership position in the House of Representatives; it is elected by the body at the beginning of a new term and is generally held by a member of the majority party; the position comes with great influence including the ability to appoint the heads of all committees and is third in line for the presidency in case of death of the president.

Bill

A proposal for a new law

Majority leader

The top leader of the majority party who is responsible for steering the majority party's legislation through the process of becoming a law.

Minority leader

The top leader of the majority party who is responsible for steering the minority party's legislation through the process of becoming a law.

Whips

Assistants to the majority/minority leader whose job is to maintain support for the party's legislation and to "count votes."

Standing committees

permanent committees in congress who are responsible for both close examination of proposed bills in their jurisdiction area and for oversight of those laws once being implemented by the executive branch

conference committees

Committees which form to iron out differences in bills when they pass each house in different formats; produce a conference report which must be voted in a single up/down vote by each house to stay alive and go to the president.

Senate Majority Leader

Highest position in the Senate; chosen by the party caucus; his job is to keep the party unified and push the party agenda

Senate Minority leader

Leader of the minority party in the Senate; chosen by the party caucus. His primary roles are to keep the party unified and to offer formal criticisms of majority party bills.

filibuster

parliamentary process to delay action on a bill; a Senator will gain control of the floor and speak for a long period of time to delay action on the bill; so long as they hold the floor, they have control of the agenda; in a group filibuster, several senators will yield to one another; record for an individual filibuster is 24 hours and 18 minutes.

cloture

parliamentary rule that limits debate to no more than one hour per person; requires 3/5 of the body to invoke cloture (60 members)

House term of office

2 years; entire body is up for election every 2 years

Senate term of office

6 years; staggered; 1/3 of the body is up for election every 2 years; known as a continuous body because 2/3 are always continuing in office

pocket veto

If Congress does not pass a bill until there are less than 10 days in a session, if the president takes no action, it is automatically vetoed (like being placed in his pocket and forgotten about).

Hearings

Congressional meetings in which testimony is given by experts; can be investigational or part of the bill approval process

17th amendment

Established the direct election of senators (instead of being chosen by state legislatures)

oversight

Power used by Congress to gather information useful for the formation of legislation, review the operations and budgets of executive departments and independent regulatory agencies, conduct investigations through committee hearings, and bring to the public's attention the need for public policy

25th Amendment

Amendment which sets forth the line of succession, replaces a vacancy in the vice presidency and allows for a president to be removed if there is a health reason and consensus of incompetence from both a majority of the cabinet and a supermajority in Congress.

Appointment process

Executive power which allows the president to choose who should fill certain positions in the executive and judicial branches; the president appoints with the advice and consent (approval) of the Senate.

Bureaucracy

References the unelected component of the executive branch of our government; they implement the laws using a complex system of rules and procedures which are intended to make the process open and transparent and protect the rights and resources of the people.

Cabinet

The set of advisors to the president; not in the Constitution; exists by custom and practice. Formally, it includes the heads (secretaries) of the 15 executive departments and other individuals who the president chooses to add as the need arises.

Independent agency

Independent agencies are independent of the federal departments. That makes the head of independent agencies directly answerable to the President rather than through a cabinet secretary. Examples would include NASA or the EPA.

Pardon

An official end to punishment. The president can pardon individuals who are accused or convicted of violating federal law. Pardons erase the crime like they never happened. There is no check on this presidential power.

Reprieve

A postponement of punishment for a federal crime. It can be temporary or permanent. There is no check on this presidential power.

Veto

The presidential power to reject a law passed by Congress.

Chief Executive

Role where the President acts as the "boss" of all federal employees and executes/enforces the law. An example would be signing a law passed by Congress or pardoning someone convicted of a federal crime. This role is his primary responsibility since he is to "faithfully execute the law."

Chief Diplomat

The President is the top foreign policy officer of the United States and oversees all foreign policy and relationships with other countries. An example would be appointing an ambassador to another country or negotiating a treaty. This role is mentioned in the Constitution.

Commander in Chief

The President is the civilian leader of the military in the United States. He cannot declare war, although he can commit troops to action without a war declaration. It was important to the founders that this role be occupied by a civilian because generals have a tendency to want to go to war. This role is mentioned by name in the Constitution.

22nd amendment

Amendment which limited the president to no more than two terms in office. Passed in response to FDR's election to 4 terms.

State of the Union Address

A yearly report by the president to Congress describing the nation's condition and recommending programs and policies

executive order

a rule or order issued by the president to an executive branch of the government and having the force of law.

executive privilege

The power to keep executive communications confidential, especially if they relate to national security.

Executive Office of the President

The cluster of presidential staff agencies that help the president carry out his responsibilities. Currently the office includes the Office of Management and Budget, the Council of Economic Advisers, and several other units.

National Security Council

An office created in 1947 to coordinate the president's foreign and military policy advisers. Its formal members are the president, vice president, secretary of state, and secretary of defense, and it is managed by the president's national security assistant.

Government corporation

A government agency that operates like a business corporation, created to secure greater freedom of action and flexibility for a particular program.

Iron Triangle

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

red tape

complex bureaucratic rules and procedures that must be followed to get something done

Amicus curiae

"Friend of the Court"; sometimes parties not directly involved in a case but who have an interest in the case will file briefs in support of one of the parties and offer their expert opinion about the issues to the court.

Briefs

Written legal arguments to support your position on the case.

Judicial review

The power of the court to interpret the law in accordance with the Constitution. This power was assumed rather than specifically stated. Hamilton described the power in Federalist Paper #78.

Supreme Court

The highest court in the United States; court of last resort. It is the only court that will potentially hold both original and appellate jurisdiction in the United States and is the only court specifically mentioned in the Constitution.

Writ of Certiorari

An order from the Supreme Court to a lower court and the appellant that they will take the case and they should send all the evidence to the Supreme Court for review.

Rule of Four

For the Supreme Court to hear a case, 4 justices must agree that it is worthy of review.

Precedent

Something to follow in the future. Precedents are set by court decisions which tell the government the meaning of the law, so that it can be applied uniformly from that point forward.

Stare Decisis

"Let the Decision Stand"; legal principle that respects the importance of the law being consistent over time. We can't know what is or is not allowed in our system if the law is not consistently applied. It references an intention to respect precedent and the rule of law.

Majority Opinion

The opinion of a majority of the justices on the Supreme Court (at least 5).

Dissenting Opinion

An opinion written by a justice who disagrees with the majority opinion and feels compelled to put it in the legal record for posterity.

Concurring Opinion

An opinion written by a justice who voted on the winning side of a case, but feels there are other important legal reasons that should be put into the legal record for posterity.

Baker v. Carr

case that est. one man one vote. this decision created guidelines for drawing up congresional districts and guaranteed a more equitable system of representation to the citizens of each state

Shaw v. Reno

The Court ruled that although it was a legitimate goal for state legislatures to take race into account when they draw electoral districts in order to increase the voting strength of minorities, they may not make race the sole reason for drawing district lines.

Federalist No. 70

Hamilton argues that a strong executive is essential in the new government. He focuses on the value of the unity in a single executive to avoid conflicts and to ensure accountability.

Federalist No. 78

Hamilton argues that the independent judicial branch has the power of judicial review to examine acts of legislatures to see if they comport with the proposed Constitution; as long as judges act properly, they should remain on the bench; "permanency" shall protect them from the other branches when they make unpopular but constitutional decisions.

discretionary spending

Federal spending on programs that are controlled through the regular budget process

mandatory spending

Federal spending required by law that continues without the need for annual approvals by Congress.

signing statement

a presidential document that reveals what the president thinks of a new law and how it ought to be enforced

politico model of representation

a model of representation in which members of Congress act as either trustee or delegate, based on rational political calculations about who is best served, the constituency or the nation

partisan model of representation

representatives are elected as a member of a party and have a responsibility to make decisions in line with their party's policies

delegate model of representation

a model of representation in which representatives feel compelled to act on the specific stated wishes of their constituents

trustee model of representation

a model of representation in which representatives feel at liberty to act in the way they believe is best for their constituents

bureaucratic discretion

the power to decide how a law is implemented and to decide what Congress meant when it passed a law

merit system

hiring people into government jobs on the basis of their qualifications

Patronage System

AKA Spoils System. Filling government bureaucracy based on connections & political favors not merit (cronyism); ended by Pendleton Act (1883)

rule making authority

the power of an executive agency to issue regulations that carry the force of law

discretionary authority

The extent to which appointed bureaucrats can choose courses of action and make policies that are not spelled out in advance by laws.

issue network

webs of influence between interest groups, policymakers, and policy advocates