POLS Unit 2 (Executive, Legislative, and Judiciary) Study Guide + Notes

Committee

Types include Standing (permanent policy areas, e.g., Armed Services), Select (temporary, investigative), Joint (House + Senate), Conference (resolve bill differences). Functions: divide labor, develop expertise, gatekeeping.

Casework

Assistance members of Congress provide to constituents (e.g., helping with Social Security, passports). Builds trust and local popularity.

Cloture

Senate rule requiring 60 votes to end debate (filibuster) and proceed to a vote.

Agenda Control

Power of majority party leadership to set the legislative schedule and determine which bills reach the floor.

Filibuster

Senate tactic of extended debate to block/delay legislation. Ex: Strom Thurmond's 24-hour filibuster in 1957 against Civil Rights Act.

Gerrymandering

Manipulating district boundaries for partisan gain. Techniques: Cracking (splitting opposition) & Packing (concentrating opposition). Case: Wesberry v. Sanders (1964) → 'one person, one vote.'

Party Leadership

Leaders set agenda, control committees, raise funds; Whips enforce discipline, count votes, and maintain party unity.

Committee Referral

When a bill is sent to relevant committees for consideration before reaching the floor.

Open Rule

House rule allowing any member to propose amendments during debate.

Closed Rule

House rule prohibiting amendments, speeding passage but limiting debate.

Restricted Rule

House rule allowing only specific amendments to a bill.

Pork-Barrel Legislation & Earmarks

Local projects inserted into federal bills to benefit districts (e.g., bridges, highways). Builds credit-claiming opportunities.

Unanimous Consent Agreement

Senate procedure where all members agree to terms of debate, amendments, and schedule. Speeds up business.

Two-Stage Electoral System

Stage 1: Primary elections (low turnout, ideological voters → polarization). Stage 2: General elections (decide officeholders, often uncompetitive due to gerrymandering).

Constituencies (Fenno's circles)

Geographic (entire district), Reelection (supportive voters), Primary (party base, donors), Personal (close advisors). Fenno's study showed MCs adjust 'home style' to build trust.

Divided vs Unified Government

Divided: different parties control presidency and Congress → gridlock. Unified: one party controls both → easier lawmaking.

Omnibus Legislation

Large bills combining many issues, forcing members to accept provisions they might not individually support. Ex: 2009 stimulus bill.

Logrolling

Vote trading between legislators to support each other's bills.

Popularity of Congress vs Members

Congress overall ~20% approval (unpopular); individual members more popular due to local credit-claiming, pork, and casework.

Bid for Assignment

Members seek committee seats relevant to their district (e.g., agriculture for farm districts). Leaders assign based on party needs + member requests.

House vs Senate Differences

House: large states favored (proportional), short terms, strict rules. Senate: small states favored (equal seats), longer terms, open debate.

Why Interest Groups Prevail

They mobilize resources, money, and expertise; influence members despite majority opinion. Low turnout primaries make them more powerful.

Gerrymandering + Two-Stage Elections

Create safe districts → less competition → polarization → weak accountability.

Committees & Constituents

Committees allow MCs to push district interests (farm subsidies, military bases). Strengthens reelection chances.

Majority Party Agenda Control

Majority party controls committees, sets floor schedule, and uses rules (open/closed) to control debate. Cartel Theory: majority acts like a cartel controlling agenda.

Senate Dilatory Tactics

Filibuster, placing 'holds,' offering endless amendments, requesting roll call votes.

Mayhew's Electoral Connection

Members are 'single-minded seekers of reelection,' using advertising, credit-claiming, and position-taking. Explains pork, casework, and weak party discipline.

Executive Office of the President (EOP)

Created 1939; provides policy advice, manages bureaucracy, connects president to media/public. Ex: OMB, NSC.

Expressed Powers

Explicit in Constitution: veto, commander-in-chief, make treaties (with Senate), nominate judges, grant pardons.

Implied Powers

Not explicit, but claimed: executive orders, agreements, executive privilege. Ex: Jefferson's Louisiana Purchase.

Executive Orders

Directives to federal agencies with force of law. Apply directly to executive branch, but can shape public policy indirectly. Ex: Truman desegregated military.

Going Public

Strategy where president appeals directly to citizens to pressure Congress. Ex: Reagan TV addresses, Obama social media.

Presidential Memorandum

Similar to executive orders but often less formal, used for routine directives.

Signing Statement

President's interpretation of law at signing, sometimes claiming the right to ignore parts. Ex: George W. Bush used extensively.

State of the Union Address

Constitutionally required; president outlines agenda before Congress and public.

War Powers Act (1973)

Requires president to notify Congress within 48 hours of deploying troops, limits action to 60 days without approval.

The Cabinet

Heads of 15 executive departments, advise president, oversee agencies.

Electoral College

Indirect presidential election system; electors = House + Senate seats. Originally independent; now bound by state laws. Ex: Unit rule (winner-takes-all).

Selective Enforcement / Prosecutorial Discretion

President chooses which laws to enforce strongly. Ex: Obama's DACA policy.

Institutional vs Political Powers

Institutional = formal constitutional/legal powers; Political = ability to persuade, bargain, go public, campaign.

Expansion of Presidential Power

Grew through wars, emergencies, New Deal, Cold War, executive bureaucracy. Ex: FDR, Lincoln, Bush after 9/11.

Battleground States

Competitive states in Electoral College. Candidates focus heavily here (e.g., Florida, Pennsylvania).

Commander-in-Chief Power

Expanded: presidents now initiate military action without declarations of war. Ex: Korea, Vietnam, drone strikes.

Line-Item Veto

Power to strike parts of bills without vetoing entire law. President doesn't have it; some governors (incl. GA) do.

Singular vs Plural Executive

U.S.: singular executive (one president). GA: plural executive (many independently elected officials like Sec. of State, AG).

Persuasion Power

Neustadt: president persuades through bargaining, public opinion, lobbying, and party leadership.

Original vs Appellate Jurisdiction

Original = first hearing; Appellate = reviewing lower court decisions.

Dissenting Opinion

Justice disagrees with majority.

Concurring Opinion

Justice agrees with outcome, but for different reasons.

Court of Appeals

13 circuits; review district court cases.

Federal District Court

94 trial courts; original jurisdiction for federal law.

Court-Packing

Attempt to expand Court to influence rulings. Ex: FDR's failed 1937 plan.

Judicial Review

Power to declare laws unconstitutional (Marbury v. Madison, 1803).

Activism vs Restraint

Activism: judges interpret broadly, strike down laws. Restraint: defer to legislature.

Rule of Four

At least four justices must agree to hear a case.

Writ of Certiorari

Order to lower court to send case records for review.

Writ of Mandamus

Court order requiring an official to perform a duty. Ex: central in Marbury v. Madison.

Stare Decisis

"Let the decision stand"; courts follow precedent.

Amicus Curiae

"Friend of the court" briefs by outside groups to influence rulings.

Senatorial Courtesy

Tradition: presidents defer to home-state senators for judicial nominations.

Judiciary as "Least Dangerous"

Lacks power of purse and sword; depends on other branches for enforcement.

Life Tenure

Protects judicial independence, insulates from politics.

Court Enforcement

Lower courts bound by precedent; exec. must enforce rulings (e.g., Eisenhower & Little Rock). Congress can resist via funding, amendments.

Judicial Confirmation Process

President nominates → Senate Judiciary hearings → Senate vote.

Georgia Judicial Selection

Nonpartisan elections, but candidates can signal partisan ties through endorsements, networks, interest groups.

Models of Decision-Making

Legal (apply law), Attitudinal (ideology), Strategic (anticipate reactions), Public opinion (consider legitimacy).

Factors for Certiorari

National importance, lower court conflict, federal govt request, pressing constitutional issue.

Test Cases

Interest groups sponsor litigation to shape law. Ex: NAACP with Brown v. Board.

Partisan Judicial Behavior

More likely in politically salient cases (e.g., Bush v. Gore, abortion, voting rights).