gov u2: interactions among branches of govt

enumerated powers

in Article I, Sec 8: powers specifically listed in the Constitution for the federal government, primarily for Congress

• including: taxation, declaring war, regulating commerce, establishing post officers

in Article III for the Judicial Branch:

• jurisdiction over certain types of cases

implied powers

powers that are not listed in the constitution but needed for the branches to carry out their powers

• basis of implied powers comes from Elastic Clause in Art 1, Sec 8;

• ex. Congress needs to establish a bank in order to coin money

reserved powers

powers kept by the states as stated in the 10th amendment.

• powers not given to the federal government or not prohibited to the states, allowing states to govern themselves in areas not controlled by fed

• ex. regulating education and issuing licenses

concurrent powers

powers shared between national, state, and local government

• including the power to tax and enforce laws

• enforcement can occur on both levels but federal law takes precedence in case of conflict due to the Supremacy Clause

legislative branch power examples

• power of the purse (to lay and collect taxes)

• make laws

• declare war, coin money

• regulate interstate commerce

• approve presidential appointments and ratify treaties

• raise and support armies

judicial appointments confirmed

confirmed by Senate with a simple majority

Speaker of the House

presiding officer of the House of Reps, almost always from majority party

• they determine when a bill should be considered for a vote and preside over debate

• speaker second in line to succeed the president, after the VP

constituents

the people that a person who holds office represents

delegate model of representation

representatives use their constituents’ views only to vote on a bill

trustee model of representation

representatives use their own judgement to vote on bills

politico model of representation

a combo of delegate and trustee

• reps use their own judgement on bills that may not be popular, and their constituents’ judgement on bills that they have a strong opinion on.

gerrymandering

manipulation of district boundaries to benefit a particular political party

• by drawing districts in odd shapes, politicians can concentrate or divide voters to influence electoral outcomes

gridlock

disagreement and its hard to get laws passed, most common during divided government and leads to political stalemate, where little to no legislative progress is made.

veto power (type + def)

formal

• when the president rejects a bill passed in both houses of Congress, they have used their veto power

• if the president doesn’t reject it, but doesn’t sign it for 10 days, it dies as a pocket veto (congress adjourned)

• Congress can override a veto with 2/3 majority, but this is rare

make treaties (type + def)

formal

• the president can make treaties with other nations with the Senate’s 2/3 approval

commander in chief of military

formal

• manage military operations (only congress can declare war)

executive orders

informal

• allows president to pass orders to implement policy without congressional approval

executive agreements

informal

• allows the president to have agreements with other countries similar to treaties without senate approval

signing statements

informal

• presidents write these to describe how they interpreted the law when signing it. Not legally binding, they can influence how laws are implemented

cabinet

group of selected presidential advisors who head executive departments and help implement federal policy

• depts exs: state, defense, treasury, education, and homeland security

• while not in the Constitution, the cabinet plays an important advisory role

judicial review

power of the judicial branch to rule a law/executive order/etc unconstitutional. This power was established in the landmark case marbury v. madison

judicial independence

that the judicial branch should remain independent from political pressures to remain fair

• supported by life tenure and protections against salary reductions

judicial activism

court taking a more active role in interpreting the Const., often considering modern circumstances and striking down laws they find unconst. Liberals and Democrats tend to prefer judicial activism in the courts.

judicial restraint

courts avoid striking laws down as unconstitutional unless it is an extremely clear violation'

• Republicans/Conservatives tend to favor judicial restraint

bureaucracy

network of federal agencies and departments responsible for implementing and enforcing laws passed by Congress

• includes civil servants and political appointees who work within executive branch agencies carry out government policy

iron triangle

When the interest group, congressional committee, and the bureaucracy work together to achieve a policy goal.

• Eventually, all three groups benefit somehow once successul

• typically, interest groups will glaze support for specific Congress members or bureaucratic heads if they work in their liking.

interest group

a group of people who share common goals that try to influence policy in their liking.

• they lobby congress, try to get people to join their group, etc.

• some exs. are the NAACP, NRA

ways Congress can use oversight to oversee bureaucracy

using policing/fire alarm oversight, asking them to testify for committee hearings, and confirming heads of departments.