AP Gov Institutions of Government

constituents

the people that each member of Congress represents (for the House, that is the people in their District; for the Senate, it is the people of the entire state)

apportionment

the process by which House seats are distributed to the states after each Census is taken

appropriation

authorizing money to be spent from the U.S. treasury through a bill specifically setting aside money for that purpose

power of the purse

Because Congress is in charge of appropriating money for government programs, they have a significant power to check presidential action by whether they appropriate money for a program/project or not. This is referenced as the ___________.

impeachment

A formal accusation of wrongdoing against a member of the executive or judicial branch. _______ charges are brought by the House and then a trial takes place in the Senate.

oversight

A form of checks and balances where Congress oversees how laws are carried out by the executive branch.

bicameralism

Division of the legislative branch into two houses.

Advice & consent power

a power of the Senate whereby they must give approval to some executive actions, such as presidential appointments to the judiciary and treaties with foreign nations.

Congressional override

Congress can override a presidential veto with a 2/3 vote of both houses.

necessary and proper clause

Clause in Article I, section 8 which allows Congress to stretch its other powers in section 8 to meet the changing needs of the nation. The "stretch" must relate to another specific expressed power of Congress in order to be Constitutional. Also called the "elastic clause."

expressed powers

those powers specifically listed in the Constitution, primarily in Article I, section 8.

implied powers

another term for the powers that are granted through the necessary and proper clause

revenue bills

Bills to raise revenue for the government (taxes). ___________ must originate in the House according to the Constitution, but must be passed by both houses and signed by the president.

Commerce clause

A significant power granted to Congress was the power to regulate trade between the states and with foreign nations. This power is one of the most frequently stretched powers using the necessary and proper clause.

House qualifications

25 years old; citizen for at least 7 years; resident of the state you represent

Senate qualifications

30 years old; citizen for at least 9 years; resident of the state you represent

reapportionment

A process that occurs every 10 years after the Census, in which Congressional seats are reapportioned based on the newest population counts for each state

redistricting

A process that occurs after reapportionment in which the state legislatures redraw the district lines for Congressional districts (and state legislative districts as well).

gerrymandering

The drawing of House district lines in a way that benefits the party in power; many forms of _____________ have been declared illegal by the courts, but not all.

Speaker of the House

top leadership position in the House of Representatives; it is elected by the body at the beginning of a new term and is generally held by a member of the majority party; the position comes with great influence including the ability to appoint the heads of all committees and is third in line for the presidency in case of death of the president.

Bill

A proposal for a new law

Majority leader

The top leader of the majority party who is responsible for steering the majority party's legislation through the process of becoming a law.

Minority leader

The top leader of the majority party who is responsible for steering the minority party's legislation through the process of becoming a law.

Whips

Assistants to the majority/minority leader whose job is to maintain support for the party's legislation and to "count votes."

Standing committees

permanent committees in congress who are responsible for both close examination of proposed bills in their jurisdiction area and for oversight of those laws once being implemented by the executive branch

conference committees

Committees which form to iron out differences in bills when they pass each house in different formats; produce a conference report which must be voted in a single up/down vote by each house to stay alive and go to the president.

president of the senate

Constitutional role for the Vice President to preside over the Senate; can only vote if there is a tie.

President pro tempore

position held by the highest ranking (longest-seving) member of the majority party; the _________ presides over the Senate in the absence of the VP; he is 4th in line to the presidency in case of death of the president.

filibuster

parliamentary process to delay action on a bill; a Senator will gain control of the floor and speak for a long period of time to delay action on the bill; so long as they hold the floor, they have control of the agenda; in a group filibuster, several senators will yield to one another; record for an individual filibuster is 24 hours and 18 minutes.

cloture

parliamentary rule that limits debate to no more than one hour per person; requires 3/5 of the body to invoke cloture (60 members)

House term of office

2 years; entire body is up for election every 2 years

Senate term of office

6 years; staggered; 1/3 of the body is up for election every 2 years; known as a continuous body because 2/3 are always continuing in office

pocket veto

If Congress does not pass a bill until there are less than 10 days in a session, if the president takes no action, it is automatically vetoed (like being placed in his pocket and forgotten about).

Hearings

Congressional meetings in which testimony is given by experts; can be investigational or part of the bill approval process

Markup

Process in committees where the bill is revised and debated before being passed/failed in the committee

casework

Work that members of Congress do to help constituents with problems; example helping grandma find her missing social security check

17th amendment

Established the direct election of senators (instead of being chosen by state legislatures)

oversight

Power used by Congress to gather information useful for the formation of legislation, review the operations and budgets of executive departments and independent regulatory agencies, conduct investigations through committee hearings, and bring to the public's attention the need for public policy

25th Amendment

Amendment which sets forth the line of succession, replaces a vacancy in the vice presidency and allows for a president to be removed if there is a health reason and consensus of incompetence from both a majority of the cabinet and a supermajority in Congress.

Appointment process

Executive power which allows the president to choose who should fill certain positions in the executive and judicial branches; the president appoints with the advice and consent (approval) of the Senate.

Bureaucracy

References the unelected component of the executive branch of our government; they implement the laws using a complex system of rules and procedures which are intended to make the process open and transparent and protect the rights and resources of the people.

Cabinet

The set of advisors to the president; not in the Constitution; exists by custom and practice. Formally, it includes the heads (secretaries) of the 15 executive departments and other individuals who the president chooses to add as the need arises.

Executive agreement

An agreement between the president and a foreign head of state; it has the full force and effect of law while that president is in power; often used to conduct foreign policy because it does not require approval from another body in order to take effect.

Executive department

The fifteen departments created by Congress to carry out the implementation of the laws passed by Congress. The head of each department is selected by the president and confirmed by the Senate. They are the largest component of the bureaucracy in America.

"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. The source of the President's informal powers

Independent agency

That makes the head of independent agencies directly answerable to the President rather than through a cabinet secretary. Examples would include NASA or the EPA.

Pardon

An official end to punishment. The president can _____ individuals who are accused or convicted of violating federal law. _______ erase the crime like they never happened. There is no check on this presidential power.

Presidential appointment power

The president has the power to appoint the heads of all executive departments, agencies, commissions, etc. He appoints ambassadors. He appoints federal court judges. All of these appointments require the approval of the Senate.

Presidential qualifications

To be president, the formal qualifications include that an individual must be 35 years of older, a natural born citizen as defined as such by Congress and a resident of the U.S. for 14 years. Informal qualifications reference those things the American public looks for.

commutation

the power to reduce a fine or the length of a sentence imposed by a court

Veto

The presidential power to reject a law passed by Congress.

Chief of State

Ceremonial presidential role in which he stands as a representative of the American people (example - throwing out the first pitch at the World Series). This role blends the role of a King and that of a prime minister. It is a Constitutional role.

Chief Executive

Role where the President acts as the "boss" of all federal employees and executes/enforces the law. An example would be signing a law passed by Congress or pardoning someone convicted of a federal crime. This role is his primary responsibility since he is to "faithfully execute the law."

Chief Diplomat

The President is the top foreign policy officer of the United States and oversees all foreign policy and relationships with other countries. An example would be appointing an ambassador to another country or negotiating a treaty. This role is mentioned in the Constitution.

Commander in Chief

The President is the civilian leader of the military in the United States. He cannot declare war, although he can commit troops to action without a war declaration. It was important to the founders that this role be occupied by a civilian because generals have a tendency to want to go to war. This role is mentioned by name in the Constitution.

Chief Legislator

The President is expected to recommend policy ideas to the Congress to fulfill his goals. An example would be giving the State of the Union address where he outlines what he wants Congress to do in the coming year. This role is referenced in the language of the Constitution.

Chief of Party

The President is the "unofficial" leader of his political party and is expected by the party to pursue their policy agenda. He is also expected to give patronage to loyal party members and offer support to political leaders in the party in elections (assuming he is popular enough that they want his support). This role developed over time.

Treaty

A formal agreement between two nations. The president negotiates treaties, but they need a 2/3 vote of the Senate for ratification.

22nd amendment

Amendment which limited the president to no more than two terms in office. Passed in response to FDR's election to 4 terms.

State of the Union Address

A yearly report by the president to Congress describing the nation's condition and recommending programs and policies

executive order

a rule or order issued by the president to an executive branch of the government and having the force of law.

executive privilege

The power to keep executive communications confidential, especially if they relate to national security.

Executive Office of the President

The cluster of presidential staff agencies that help the president carry out his responsibilities. Currently the office includes the Office of Management and Budget, the Council of Economic Advisers, and several other units.

Independent regulatory commission

A government agency or commission with regulatory power whose independence is protected by Congress.

Government corporation

A government agency that operates like a business corporation, created to secure greater freedom of action and flexibility for a particular program.

Iron Triangle

A close relationship between an agency, a congressional committee, and an interest group

red tape

complex bureaucratic rules and procedures that must be followed to get something done

discretionary authority

The extent to which appointed bureaucrats can choose courses of action and make policies that are not spelled out in advance by laws.

Amicus curiae

"Friend of the Court"; sometimes parties not directly involved in a case but who have an interest in the case will file briefs in support of one of the parties and offer their expert opinion about the issues to the court.

Appellate

Jurisdiction of appeals; courts in the federal system with appellate jurisdiction are the Circuit Courts of Appeal and the Supreme Court.

Briefs

Written legal arguments to support your position on the case.

Circuit Court

In the federal system, the appellate courts are called ____ Courts. There are 13 _____ in the United States. These are created by Congress.

District Court

In the federal system, the trial courts are called ______ Courts. There are 94 districts, scattered amongst the states based on caseload. The Congress creates these courts in accordance with Article III of the Constitution.

Dual court system

This references the fact that there are two justice systems operating in the United States. There are state court systems with jurisdiction over state laws and state constitutions. There is the federal system with jurisdiction over federal law and the U.S. Constitution.

Judicial districts

The territorial jurisdiction of a trial court. For example, Alabama has three districts - the Northern, Middle and Southern Districts. Cases are tried based on where the offense occurred within the state.

Judicial qualifications

There are no qualifications listed in the Constitution. The president appoints judges/justices and the Senate confirms.

Judicial review

The power of the court to interpret the law in accordance with the Constitution. This power was assumed rather than specifically stated. Hamilton described the power in Federalist Paper #78.

Marbury v. Madison

Supreme Court case which set the precedent for judicial review. 1803.

Supreme Court

The highest court in the United States; court of last resort. It is the only court that will potentially hold both original and appellate jurisdiction in the United States and is the only court specifically mentioned in the Constitution.

Terms of office

The Constitution sets a limitation of "on good behavior" for federal judges; this is generally short-handed to "life". Justices serve until they die or retire, assuming they are not impeached and removed from office.

Writ of Certiorari

An order from the Supreme Court to a lower court and the appellant that they will take the case and they should send all the evidence to the Supreme Court for review.

Rule of Four

For the Supreme Court to hear a case, 4 justices must agree that it is worthy of review.

Precedent

Something to follow in the future. ___________ are set by court decisions which tell the government the meaning of the law, so that it can be applied uniformly from that point forward.

Stare Decisis

"Let the Decision Stand"; legal principle that respects the importance of the law being consistent over time. We can't know what is or is not allowed in our system if the law is not consistently applied. It references an intention to respect precedent and the rule of law.

Majority Opinion

The opinion of a majority of the justices on the Supreme Court (at least 5).

Dissenting Opinion

An opinion written by a justice who disagrees with the majority opinion and feels compelled to put it in the legal record for posterity.

Concurring Opinion

An opinion written by a justice who voted on the winning side of a case, but feels there are other important legal reasons that should be put into the legal record for posterity.

Rule of 4

At least four justices of the Supreme Court must vote to consider a case before it can be heard

Hatch Act (1939)

Limits how involved federal government employees can become in elections. This prevented political parties from forcing federal workers to take part in election campaigns.

patronage

Granting favors or giving contracts or making appointments to office in return for political support

Pendleton Civil Service Act

Passed in 1883, an Act that created a federal civil service so that hiring and promotion would be based on merit rather than patronage.