Key Concepts of the U.S. Legislative and Judicial Systems

Bicameral Legislature

Two-house structure of Congress: Senate and House.

Enumerated Powers

Specific powers granted to Congress in the Constitution.

Implied Powers

Powers inferred from the Necessary and Proper Clause.

The Senate

Upper chamber with 100 members serving six-year terms.

The House of Representatives

Lower chamber with 435 members serving two-year terms.

Speaker of the House

Leader elected by majority party in the House.

President Pro Tempore

Senate member presiding in vice president's absence.

The Legislative Process

Steps for drafting, debating, and voting on bills.

Committees

Specialized groups reviewing and amending legislative matters.

Riders

Provisions attached to bills unrelated to main subject.

Pork-Barrel Legislation

Funding for local projects within larger bills.

Discharge Petition

Brings a bill out of committee for debate.

Filibuster

Tactic to prolong Senate debate and delay voting.

Cloture

Requires 60 votes to end a filibuster in Senate.

Logrolling

Legislators exchange support for each other's bills.

Gridlock

Stalled legislative action due to partisan divisions.

Delegate Model of Representation

Representatives vote based on their judgment and constituents' desires.

Trustee Model of Representation

Representatives make decisions based on constituents' preferences.

Politico Model of Representation

Hybrid model balancing individual judgment and constituents' preferences.

Gerrymandering

Manipulating district boundaries to favor a party.

Formal (Expressed) Powers

Constitutionally granted powers of the president.

Informal Powers

Powers developed through practice, not explicitly listed.

Faithful Execution Clause

Basis for president's authority to enforce laws.

Veto

President's authority to reject a bill from Congress.

Pocket Veto

No action on a bill within ten days of adjournment.

Executive Orders

Directives from the president to federal agencies.

Signing Statements

Presidential pronouncements explaining law interpretations.

Executive Privilege

Right to withhold information from Congress or courts.

"Advice and Consent"

Senate's power to approve presidential appointments and treaties.

Divided Government

A situation where the executive and legislative branches are controlled by different political parties, often resulting in intensified partisanship, policy gridlock, and conflict over appointments and legislation.

Bully Pulpit

A term introduced by Theodore Roosevelt to describe the president's platform to directly engage with the public, influence opinion, and pressure Congress to support policy goals.

State of the Union Address

An annual address the president delivers to Congress (mandated by Article II, Section 3) to update on the nation's condition and outline legislative priorities; often used to shape public opinion and set the national agenda.

Mandatory Spending

Budgetary spending required by law for entitlement programs such as Social Security, Medicare, and Medicaid.

Discretionary Spending

Spending authorized annually by Congress, covering areas like defense, education, and infrastructure.

Bureaucracy

A hierarchical organization within the executive branch composed of departments, agencies, commissions, and government corporations responsible for implementing and enforcing laws.

Civil Service

A merit-based system of hiring and promotion for government employees, emphasizing professionalism, specialization, and neutrality, as opposed to political patronage.

Pendleton Civil Service Act (1883)

A law that established a merit-based system for hiring federal employees, ending the spoils system and reducing corruption.

Delegated Discretionary Authority

The power of federal agencies, granted by Congress, to interpret legislation and make decisions on how laws are implemented, applying specialized expertise to enforce laws.

Rulemaking Authority

The process by which bureaucratic agencies create specific rules and regulations based on broad legislative directives.

Executive Departments

The 15 main administrative units of the federal government, each led by a Cabinet Secretary appointed by the president, responsible for implementing specific policy areas. (e.g., Department of State)

Executive Agencies

Sub-agencies within executive departments that focus on specific functions. (e.g., the Internal Revenue Service (IRS) within the Department of the Treasury)

Independent Agencies

Agencies outside the executive departments with specialized functions that operate with greater independence. (e.g., NASA and the Environmental Protection Agency (EPA))

Independent Regulatory Commissions

Agencies established by Congress to regulate specific industries or practices with significant independence from executive control. (e.g., the Securities and Exchange Commission (SEC))

Government Corporations

Government-owned entities that provide services like private businesses but focus on public needs. (e.g., the U.S. Postal Service (USPS) and Amtrak)

Iron Triangles

Stable alliances among congressional committees, bureaucratic agencies, and interest groups that influence policy in specific areas through mutual support and resource sharing.

Issue Networks

Temporary coalitions of interest groups, bureaucratic agencies, and congressional committees formed around a specific issue. These alliances are more fluid and inclusive, and often dissolve after the issue is resolved.

Compliance Monitoring

The process by which federal agencies ensure that laws and regulations are followed, often involving inspections, audits, and data collection.

Congressional Oversight

The process by which Congress reviews, tracks, and monitors the federal bureaucracy's implementation of laws, using tools like hearings, investigations, and budget control.

Power of the Purse

Congress's authority to control agency funding, allowing it to influence bureaucratic priorities and check executive power.

Judiciary Act of 1789

A law that established the federal judiciary, including the structure of district courts, circuit courts, and the Supreme Court, creating a three-tiered system.

Jurisdiction

The authority of a court to hear and decide cases, categorized as original, appellate, concurrent, or exclusive.

Federal District Court

The lowest tier of the federal judiciary, exercising original jurisdiction and serving as the trial court for civil and criminal cases.

Federal Circuit Courts of Appeals

The middle tier of the federal judiciary, exercising appellate jurisdiction to review district court decisions for procedural or legal errors.

Supreme Court of the United States (SCOTUS)

The highest court in the federal judiciary, with both original and appellate jurisdiction, serving as the final arbiter of constitutional issues.

Judicial Review

The authority of courts to determine the constitutionality of laws, executive actions, and lower court decisions, established in Marbury v. Madison (1803).

Writ of Certiorari

An order issued by the Supreme Court to a lower court to send records for review, typically granted when cases involve significant legal questions.

Stare Decisis

The legal principle of relying on precedent in judicial decision-making, providing stability and predictability in the law.

Life Tenure

The provision in Article III of the Constitution allowing federal judges to serve for life, ensuring independence from political pressures but sparking debates about accountability.

Judicial Ideology

The underlying beliefs and interpretative approaches that influence how justices and judges decide cases.

Strict Construction (Originalism)

A judicial philosophy focusing on a literal interpretation of the Constitution or the framers' intent.

Living Constitution (Judicial Pragmatism)

A judicial philosophy that interprets the Constitution as a dynamic document that evolves with societal changes.

Judicial Activism

A philosophy in which judges take an active role in shaping policy by overturning precedent, invalidating laws, or challenging executive actions based on broader constitutional principles.

Judicial Restraint

A philosophy emphasizing deference to the legislative and executive branches, encouraging judges to avoid overturning laws or precedent unless clearly unconstitutional.

Checks on the Judicial Branch

Actions by other branches to limit judicial power, including congressional legislation, constitutional amendments, judicial appointments, jurisdiction stripping, and executive enforcement.