Key Concepts in American Political Institutions

Three dimensions of political parties

Parties in government, organizations, and the electorate.

McGovern-Fraser reforms

Democratic party reforms that set rules about delegates, making changes to increase delegate representation in primaries.

Bipartisan Campaign Reform Act of 2002

Largely banned party soft money, restored a long-standing prohibition on corporations and labor unions from using general treasury funds for electoral purposes, and narrowed the definition of issue advocacy.

Veto

a constitutional right to reject a decision or proposal made by a law-making body.

Line item veto

Allows the president to reject specific parts of a bill.

Pocket veto

president's power to kill a bill, if Congress is not in session, by not signing it for 10 days

Omnibus bills

complex, highly detailed legislative proposals covering one or more subjects or programs

"Take care" clause

The constitutional requirement that presidents take care that the laws are faithfully executed, even if they disagree with the purpose of those laws

War Powers Act

An act that grants emergency executive powers to the president to run the war effort; Limits presidential military action without Congress's approval.

Executive orders

Regulations originating with the executive branch. Executive orders are one method presidents can use to control the bureaucracy; Directives issued by the president to manage operations.

Executive privilege

The power to keep executive communications confidential, especially if they relate to national security; the right of the president to withhold information from Congress.

Executive agreements

Agreements with other countries that do not need senate approval:International agreements made without Senate approval.

Pardons

freedom from punishment; Presidential power to forgive criminal offenses.

Commutations

An action the president can take to shorten a punishment for a criminal; Reduction of a criminal sentence by the president.

Appointment power of the president

President appoints ambassadors, federal judges and officers of the United States; Authority to nominate federal judges and officials.

National Emergencies Act of 1976

president must tell congress which powers they are assuming, crisis manager, state of emergency can't last longer than 6 months; Gives president powers during national emergencies.

Unitary executive

A belief that the president's inherent powers allow him to overrule congressional grants of independent authority to agencies; Theory that president controls the executive branch entirely.

Impeachment

A formal document charging a public official with misconduct in office; Process to remove a president from office.

Presidential strategies

often start new agency rather than change existing one; Methods to navigate Congress for policy success.

Pork barrel legislation

legislation that gives tangible benefits to constituents in several districts or states in the hope of winning their votes in return: Funding for local projects to gain political support.

Filibuster

A lengthy speech designed to delay or kill the vote on a bill; used only in the Senate. Senate tactic to delay or block legislation.

Cloture

A procedure for terminating debate, especially filibusters, in the Senate.

Committees (joint, select, standing, conference)

groups of people chosen to do certain work;

joint - the House + Senate

Select - investigators

standing - Permanent; handle bigger issues

conference - Problem solvers, when House and Senate cannot agree

Closed rule

An order from the House Rules Committee that sets a time limit on debate; forbids a bill from being amended on the floor. Restricts debate and amendments on a bill.

Open rule

House Rules Committee rule that allows amendments to a bill; Allows for debate and amendments on a bill.

Status quo bias in Congress

The current system of government is stacked to favor the status quo, prevent policy changes, because proponents of legislation have to win a sequence of victories. Preference for existing policies over new proposals.

Original jurisdiction

The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case. Court's authority to hear a case first.

Writ of certiorari

A formal writ used to bring a case before the Supreme Court; Order for lower court to send case records.

Amicus curiae

Brief submitted by non-parties to influence court.

Stare decisis

Let the decision stand; decisions are based on precedents from previous cases. Legal principle of adhering to precedent.

Judicial review

Allows the court to determine the constitutionality of laws; Court's power to invalidate unconstitutional laws.

Marbury v. Madison

Established judicial review in the U.S.

Judicial activism

A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground. Advocates of this approach emphasize that the courts can correct pressing needs, especially those unmet by the majoritarian political process. Judicial rulings based on personal or political considerations.

Judicial restraint

a theory of judicial interpretation that encourages judges to limit the exercise of their own power; Judicial philosophy of limiting court intervention.

Federalist #78

written by Alexander Hamilton; talks about the federal judiciary; judiciary must depend on other two branches to uphold its decisions. Argues judiciary is the 'least dangerous' branch.

Chevron doctrine

The general rule that federal courts should defer to agency rules that are based on reasonable interpretations of ambiguous statutes. Court defers to agency interpretations of statutes.

The "problem" of the presidency

referring to a number of ongoing concerns or tensions surrounding the office of the President of the United States: gaining too much power, focusing too much on the media or press, etc

Presidential success in foreign and domestic policy (and why)

how effectively a president can turn their goals into actual policies or actions

The "problem" of Congress

Refers to the tensions, inefficiencies, and frustrations within the U.S. Congress that make it hard to govern effectively. These problems can involve partisanship, slow decision-making, and a lack of public trust.

Individual rationality produces collective irrationality in Congress

When members of Congress make decisions that are rational and beneficial for themselves individually (like getting re-elected, pleasing their party or district), it can lead to bad or irrational outcomes for Congress as a whole, or for the country.

The "problem" of the judiciary

refers to the tension between judicial power and democratic accountability — specifically, how unelected judges (especially Supreme Court justices) can make major, long-lasting decisions that affect everyone, even though they're not directly accountable to the public.

Statutory interpretation

The various methods and tests used by the courts for determining the meaning of a law and applying it to specific situations. Congress may overturn the courts' interpretation by writing a new law; thus, it also engages in statutory interpretation.