Unit 2: Interactions of the Branches

Power of the Purse

The formal congressional power to raise and provide public money and oversee its proper expenditure, ensuring executive and bureaucratic agencies cannot spend money without congressional authorization.

House Ways and Means Committee

A House committee responsible for dealing with all tax and revenue bills.

House Rules Committee

A committee in the House of Representatives that serves as a 'traffic cop' by setting rigid floor debate limits and holding the power to stop any bill from reaching the House floor.

Discharge Petition

A procedure unique to the House of Representatives that forces a bill out of a reluctant committee onto the floor for a vote, allowing the majority to overpower a begrudged minority.

Filibuster

A procedural practice in the Senate where a senator gains control of the debate and refuses to yield the floor, effectively running out the clock on a piece of legislation.

Cloture Vote

The only procedure capable of ending a Senate filibuster, requiring an affirmative vote from $60$ out of $100$ senators.

Pork Barrel

Government spending that benefits specific districts or states, used by members of Congress to promote themselves to their constituents.

17th Amendment (1913)

A constitutional amendment mandating that the people directly elect U.S. Senators, who were originally chosen by state legislatures.

The Hopper

A wooden box in the House of Representatives into which bills are introduced before being referred to committee by the Speaker.

Imperial Presidency

The expansion and centralization of executive authority beyond constitutional bounds, driven by presidential personality, popularity, extreme crises like the Civil War and World Wars, and the rise of the United States as a global superpower.

12th Amendment

A constitutional amendment requiring presidential electors to cast distinct votes for president and vice president on a joint ticket.

20th Amendment

A constitutional amendment that shortens the 'lame duck' period by moving up the presidential inauguration date.

22nd Amendment

A constitutional amendment limiting a president to serving a maximum of two terms or $10$ years total.

23rd Amendment

A constitutional amendment that awards electoral votes to Washington, D.C. in presidential elections.

25th Amendment

A constitutional amendment addressing presidential succession, vacancy in the vice presidency, and presidential disability.

Bully Pulpit

An informal executive power where the president uses their prominence, prestige, and visibility to set priorities and persuade the public and Congress to pass their legislative agenda.

Executive Orders

Directives issued by the president that have the force of law, used to manage federal government operations and direct the bureaucracy.

Signing Statements

Written declarations issued by the president when signing a bill into law, indicating the administration's intended interpretation and enforcement of the statute.

Executive Agreements

Pacts or accords negotiated directly between the president and heads of foreign governments that do not require Senate ratification.

Discretionary Authority

The extent to which appointed bureaucrats are authorized to make policy choices and create specific, enforceable rules and regulations to implement legislation.

Rulemaking

A quasi-legislative administrative process whereby federal agencies develop enforceable rules and regulations to determine how laws will operate in practice.

House (Structure)

• 435 members with two-year terms; voted directly by the people

• Must be 25 years old or higher

• More hierarchically organized (more centralized, more formal, stronger leadership)

• Power distributed less evenly

• Members are highly specialized

• Emphasizes tax and revenue policy

• More committees and subcommittees

House (Constitutional Powers)

• Initiates all revenue bills (Art. I, sec. 7)

• Initiates (and passes or defeats) articles of impeachment (Art. I, sec. 2)

House (legislative/committee procedures)

• Bills introduced into "the hopper" and referred to committee by the Speaker

• Speaker may create ad hoc committees

• Committee action more influential than floor action for final decision

• Scheduling generally controlled by majority party leadership and Rules Committee

• Rigid floor debate rules favor majority (debate limits set by Rules Committee)

House (the institution)

• Power centralized in the Speaker's inner circle of advisors

• House procedures are becoming more efficient

• Those seeking reelection almost always win

Senate (structure)

• 100 members with six-year terms; originally appointed by the state legislatures. 17th amendment (1913) mandates the people directly elect Senators.

• Must be 30 years old or higher

• Less hierarchically organized (less centralized, less formal)

• Power distributed more evenly

• Members are generalists

• Emphasizes foreign policy

• Fewer committees and subcommittees

Senate (constitutional powers)

• presidential appointments such as judges, cabinet heads, and ambassadors (Art. II, sec. 2)

• Tries impeached officials (Art. I, sec. 3)

Senate (legislative/committee procedures)

• Bills introduced (may be introduced directly on the floor) and normally referred to committee by majority leader

• No ad hoc committees may be created

• Floor action as important as committee action for final decision

• Scheduling generally mutually agreed by majority and minority leaders

• Filibuster exists (but not for judicial nominations, rules were changed!)

• Flexible floor debate rules protect minority (debate limits rare, set by full Senate via unanimous consent or cloture)

Senate (the institution)

• Senate workload increasing and informally breaking down, threat of filibusters more frequent than in the past

• Becoming more difficult to pass legislation

• Turnover is moderate

Congressional formal powers

• Make laws

• Declare war

• Raise and provide public money and oversee its proper expenditure (POWER OF THE PURSE)

• Regulate interstate and international commerce.

• Impeach and try federal officers

  • Check on Ex. and Jud. and Bur.

• Can override a presidential veto

  • Check on Ex.

• Senate approves presidential appointments

  • Check on Ex.

• Senate approves treaties negotiated by the executive branch

  • Check on Ex. and Bur.

• Oversight and investigative hearings

  • Check on Ex. and Jud. and Bur.

• (Re)Organize the federal court system

  • Check on Jud.

• Can be part of the process to amend the Constitution

  • Check on Jud.

• Can eliminate programs or recategorize agencies

  • Check on Bur.

Congressional INformal powers

• Speaker of the House and the Senate Majority leader wield a lot of power in their respective legislative bodies. 

• Pork Barrel is spending that benefits specific districts or states and allows members of Congress to promote themselves to their constituents. 

  • This is more of an extension of their formal power to make a law.

Logrolling

The practice of exchanging favors or votes among legislators to achieve mutual goals, often involving mutual support for each other's proposed legislation.

enumerated powers

The specific powers explicitly granted to Congress by the Constitution, allowing it to carry out its legislative functions. These powers include making laws, declaring war, and regulating commerce.

bicameral

A legislative structure consisting of two separate chambers or houses, typically the House of Representatives and the Senate, as established in the U.S. Congress.

quid pro quo

A Latin phrase meaning "something for something," referring to a reciprocal exchange of goods, services, or favors, often used in political contexts.

advice and consent

A constitutional requirement that the Senate approves certain presidential appointments and treaties, ensuring a check on executive power.

elastic clause

A provision in the U.S. Constitution that grants Congress the authority to enact laws necessary and proper to execute its enumerated powers, allowing for flexibility in legislative action.

State of the union address

An annual speech delivered by the President of the United States to a joint session of Congress, outlining the administration's priorities, agenda, and state of the nation.

joint committee

A congressional committee composed of members from both the House of Representatives and the Senate, established to conduct investigations or consider specific issues.

rules committee

A committee in the House of Representatives that determines the rules and procedures for the consideration of legislation, including the scheduling of bills for debate and setting time limits for discussion.

senate majority leader

The elected leader of the majority party in the Senate, responsible for managing legislative priorities, scheduling debates, and representing the party's interests.

speaker of the house

The presiding officer of the House of Representatives, responsible for overseeing debates, managing legislative workflow, and ensuring orderly conduct in the House.

president pro tempore

The senator from the majority party who presides over the Senate in the absence of the Vice President. This position is largely ceremonial, but they may also assume some legislative responsibilities.

omnibus bill

A single document that packages together multiple measures into one large bill, often used to streamline the legislative process.

germane

Relevant or applicable to the subject matter under discussion, particularly concerning amendments in legislative procedures.

precedent

A legal decision or form of proceeding serving as an authoritative rule or pattern in future similar cases, guiding the interpretation of law.

discretionary spending

Federal spending on programs that are not mandated by existing laws and that can be adjusted or altered through the annual appropriations process.

gerrymandering

The practice of manipulating electoral district boundaries to favor a particular political party or group, often resulting in unequal representation.

line-item veto

A presidential power that allows the chief executive to reject specific provisions of a bill while accepting the rest, often used in budget legislation.