AP GoPo Unit 4 Key Terms

Franking

• Incumbent’s ability to send their mail to constituents for free

• Paid for by taxpayer money

Reapportionment

• Reallocation of the 435 seats in the House to reflect changes in population

• Determined every 10 years by a census

Redistricting

• Redrawing congressional district boundaries within a state based on reapportionment

• Used to ensure each district has approximately equal population (“one person, one vote” of EPA of 14th Amendment)

Gerrymandering

• Act of redrawing of legislative district boundaries for the purpose of political advantage

• Only illegal when it eliminates the minority party’s influence statewide

Safe seat

• District where one political party has a significant advantage (due to voter demographics, voting patterns, etc.)

• Candidate from majority party is basically guaranteed to win the congressional election in that district

Majority-minority district

• Type of gerrymander where a legislative district is composed of a majority of a given minority community

• Intent is to make that member from the minority elected to Congress

Trustee model

• Idea that a member of the House/Senate follows their own intuition or conscience when deciding positions on issues and votes

• Legislator will sometimes act contrary to the views of their voters

Instructed delegate model

• Idea that a legislator, as a representative of their constituents, must and should vote in keeping with the constients’ views

• Even if those views contradict the legislator’s personal views

Politico model

• Hybrid of both the instructed delegate and trustee model

• Legislators act as instructed delegates when deciding important/high-profile issues

• Legislators act as trustees when it comes to mundane matters where voters are less likely to be aware of/hold a strong position on the issue

Pork barrel

• Legislators allocate government funds for projects within their own congressional districts

Earmarks

• Allocations of expenditures within a spending bill to fund for a particular project/purpose

Casework

• Pesonal work done by member of Congress to help a constituent/group of constituents to address their needs/problems

• Typically aimed at getting the government to do something the constituent wants done

Ombudsperson

• Role of members of Congress where they act as a citizens’ advocate by listening to their needs

• Investigate the citizens’ complaints with respect to a particular government agency

Oversight

• Part of checks and balances

• Congress “checks” the executive branch to ensure that laws Congress passes are being executed in a way that keeps with the legislators’ intentions

Steps to pass a bill

• Introduction (Member from Congress/Senate formally proposes a bill)

• Committee review (subgroups in both chambers that have expertise in the subject matter review the bill

• House + Senate approval (Majority of members in both chambers must approve)

• Conference committee reconciliation (If different versions have been passed in the chambers, then a conference committeee negoatiates and reconciles the bill)

• Presidential approval (President must sign bill into law)

Lead committee

• Primary congressional committees responsible for overseeing specific areas of legislation and policy

• Tasked with initial review/consideration of proposed bill

Standing committee

• Permanent committees with a defined legislative jurisdiction

Select committees

• Committees specifically created to consider a specific policy issue or to address a particular concern

• Usually temporary and don’t last long

Joint committee

• Bicameral committees composing of members from both the House of Representatives and the Senate

Subcommittees

• Subordinate committees within committees that handle specific areas of a standing committee’s jurisdiction

• Help divide work within committees to make Congress more efficient

Markup

• Whilst reviewing a bill, the committee “marks up” the bill with suggested changes and amendments

Discharge petition

• Can only be done in the House

• Extracts a bill from the committee it’s assigned to

• Has the bill reviewed and considered by the entire House

• Requires House majority signature (218)

Filibuster

• Move in Senate aimed to halt/delay passage of a bill

• Senator speaks for an unlimited time on the Senate floor, preventing it from reaching a final vote

Cloture

• Move used to counteract a filibuster

• Supermajority of 60 senators agree to end the debate

Conference committee

• Bicameral, bipartisan committee from both parties

• Legislators in this committee work to reconcile 2 versions of the bill that was agreed upon in the House and Senate

Pocket veto

• President waits 10 days without signing a bill, killing it

• Can only happen if Congress decides to adjourn (pass bill at end of legislative session)

Speaker of the House

• Leader of the House of Representatives, chosen by majority party

• Serves as presiding officer, manager, and chair floor debates, make majority party committee assignments

• Guides legislation, and negotiate with minority party and White House

House majority leader

• Helps develop and implement majorty party’s legislative strategy

• Works with House minority party leadership, and encourages unity among majority party

Party whip

• Members in a party that act as a go-between with leadership and party members in House

President pro tempore

• Leader selected by majority party to chair the Senate in absence of the vice president

Senate majority leader

• Job is to manage legislative process so that favored bills are passed

• Schedule dates with his/her counterpart in minority party (senate minority leader)

Logrolling

• Tactic in which a member in Congress agrees to vote on one piece of legislation

• In exchange for a colleague’s vote on another

Signing statement

• Written message that a president issues upon signing a bill into law

• Acts as middle ground between signing a bill entirely and vetoing it outright

Executive Agreement

• International agreement between the US and other nations not subject to Senate approval

• Only in effect during administering president’s term

Balanced ticket

• President selecting a running mate that brings diversity of ideology, geographic region, age, gender, race, ethnicity 

• Done to broaden their appeal and increase chances of getting elected

Cabinet

• Group of experts chosen by the president to serve as his/her adviser on running the country

• Serve as heads of each executive department

Executive Office of the President (EOP)

• Combination of offices, counsels, and boards that help the president to carry out their day-to-day responsibilities

• Coordinate policies among different agencies and departments

White House Office (WHO)

• Office that develops policies and protects the president’s legal and political interests

Federalist 51

• Says that the Constitution provides for a separation of governmental powers among the legislative, executive, judiciary branches

• Checks and balance is necessary

• The government’s structure protects against ambitions of citizens and government officials

• Must divide most powerful branch (legislative) into smaller chambers and give executive branch more powers

• The diversity, size, religions of the American republic makes it rare for a majority faction to rule and intrude on rights of minority

Take care clause

• “The president shall take care that the laws be faithfully executed”

• Provides basis for powers beyond those stated by the Constitution

Enumerated powers

• Powers explicitly stated and given to the president in the Consitution 

Inherent powers

• Powers not expressly granted by the Constitution but are inferred

• Given by take care clause

Statutory powers

• Powers explicity granted to the president through Congress/congressional action

Executive orders

• Orders issued by the president that doesn’t have to go through Congress

• Tell bureaucracy (law enforcement agencies) how to implement/enforce laws

Emergency powers

• Broad powers exercised by the president during times of national crisis

Executive privilege

• Authority of president and other executive officials

• They can refuse to disclose information about confidential conversations/national security to Congress or courts

Rally ‘round the flag effect

• Phenomenon where presidents’ approval ratings skyrockets

• Happens when US engages in short-term military action or is subject to terrorist attacks

• Seen in George Bush’s approval ratings after 9/11

Imperial presidency

• Term used to describe modern presidencies

• Refers to enormous power that the presidency has acquired from assertion, size of bureaucracy, and presence of staff loyal to an individual president

Impeachment

• Power of House of Representatives to formally accuse the president, high-ranking officials, and judges of crimes

• When majority of H.o.R. vote to impeach president, charges are forwarded to Senate to determine penalty

• Senate has authority to remove president from office after convicting them

Bureaucrat

• Government employee hired by an executive branch unit (agency, bureau, commission, department, office)

Bureaucracy

• Collection of all national executive branch organizations

Bureaucratic structure

• Division of labor

• Specialization of job tasks

• Hiring systems based on competency

• Hierarchy with vertical chain of command

• Standard operating procedures

Patronage system

• Old civil service system where presidents had authority to hire bureaucrats (whoever they wanted and on whatever qualifications)

Merit-base civil service

• Process of hiring based on principles of competition, competence, and political neutrality

Career appointees

• Long-term, nonpolitical employees selected through merit-based process

• Can’t be removed at discretion of president

Noncareer appointees

• Temporarily hired without open, competitive processes

• Can be removed at discretion of president

Civil servants

• Bureaucrats hired through merit-based personnel system

Shadow bureaucrats

• Employees on the payroll of private businesses and private nonprofit organizations

• They receive govt contracts and grants

Contracting-out (outsourcing)

• Government signs work contracts with private organizations to assist in implementing policy

Departments

• 15 executive branch units responsible for a broadly defined policy area

• Top administrator (secretary) is appointed by president and confirmed by Senate

Independent administrative agencies

• Executive branch unit created by Congress and president

• Responsible for narrowly defined function and structure is meant to protect from partisan politics

• “Independent” in that they work outside of cabinet departments

Independent Regulatory Commissions

• Executive branch unit outside of cabinet departments

• Responsible for developing and regulating standards of behavior within specific industries/businesses

Government corporations

• Executive branch unit that sells a service and compete for customers

• Financially self-sufficient

• Can be created by Congress/president when they believe it is in the public’s best interest

EOP Agencies (executive office of pres.)

• EOP has offices and councils that assist the president in managing the executive branch

• Top level-bureaucrats are appointed by the president and don’t need congressional confirmation

• President can fire these appointees as his discretion

Agenda setting (#1)

• Bureaucrats have insight into citizen’s concerns and problems

• They share collaborative efforts to help place these issues on policy agendas

Policy formulation (#2)

• Bureaucrats have expertise on providing public services daily

• Elected officials rely on bureaucrats when formulating policies

• Congress committees call on bureaucrats to review/comment on bills

Policy approval (#3)

• When Congress and president vote to approve/reject a bill that presents a formulated public policy

Authorization laws

• Laws that provide plan of action to address a societal concern

• Identify the executive branch unit that will put the plan into effect

Appropriation approval (#4)

• Congress and presidents specify how much money each bureaucracy is authorized to spend

• Formulate appropriation bills (plans for distribution of government revenue)

Appropriation laws

• Approved appropriation bills that give bureaucracies the legal authority to spend money during a specific fiscal year

Policy implementation (#5)

• Bureaucrats first interpret authorization laws then carry it out

• Use administrative discretion to establish rules, progams, regulations, standards needed for policy implementation

Administrative discretion

• Authority delegated to bureaucrats to use their expertise and judgment when determing policy implementation

Policy evaluation (#6)

• The assessment of intended and unintended effects of policy implementation

• Congress, president, judges have means to monitor bureaucrats’ work

Sunshine laws

• Laws that open up government activities/documents to the public

• Foster transparency and accountability

Sunset clause

• Congress evaluates a bureaucracy’s performance by creating an expiration date for it

• Bureaucracy will end unless Congress and president reauthorize it through new legislation

Whistleblowers

• Insider that exposes misconduct within a bureaucracy to the public

Inspectors general

• Political appointees working within an agency to ensure integrity of public service

• Investigates allegations of misconducts

Duel court system

• Each state has its own judicial system resolving dispute over state laws

• The federal judicial system resolves disputes over national laws

Stare decisis

• “Let the decision stand”

• Directs judges to identify and apply the rule of law used by earlier cases with similar facts

• Follow precedents set by past decisions when ruling on similar cases

U.S. Code

• Compilation of all the laws ever passed by the U.S. Congress

Adversarial judicial system

• Court system that has 2 sides (parties) in a legal dispute, in which each presents its set of facts

• Used to resolve legal disputes raised in lawsuits

Trial Courts

• These courts resolve lawsuits by determining the truth of what occurred - the facts of the case

• Have original jurisdiction

Original jurisdiction

• Jurisdiction where these courts are the first to hear a case

Jury trial

• Trial where a group of citizens selected to hear the evidence then determine guilt and liability

Bench trial

• The judge who presides over the court proceedings decide guilt and liability

• There is no jury

Double jeopardy

• Trying a person again for the same he/she has been cleared of in court

• Protected against by the Constitution

Civil Law

• Body of law focusing on private rights and obligations that are established by written/oral laws

Civil Disputes

• One party (complainant) accuses that some action/inaction by the other party (respondent) has caused them harm

• Harm to body, property, psychological well-being, reputation, or rights/liberties

Criminal Trial

• Trial where the defendant is accused of harming the peace/safety of society by violating criminal law

Appellate jurisdiction

• Jurisdiction of courts of appeals are responsible for identifying/correcting errors made by judges in previous lawsuits when they interpreted/applied laws

Judicial review

• Established by court case Marbury v. Madison

• The Court’s authority to determine that an action taken by any government official or governing body does/doesn’t violate the Constitution

Marbury v. Madison

• Establishes the precedent of judicial review

• Says that it is the judicial branch’s job to say what the law is

• They can strike down laws that are in conflict with the Constitution

Federalist 70

• Says a strong executive ensures a strong government

• Executive power should be vested in one person (more ppl would complicate law enforcement)

• Congress must be slow and deliberate in making laws, executive should be speedy in enforcing it

• A single executive has accountability b/c they’re always under scrutiny by the public

Federalist 78

• Appoint judges by President, confirm by Senate

• Should serve lifetime terms during “good behavior” to protect against abuses of government power

• Judges have to be independent to ensure integrity of Constitution and protect rights of people

• Irrational opinions can infiltrate the govt, and judges must act as protectors of Constitution

Judicial Hierarchy

• First tier: District courts (federal trial courts w/ original jurisdiction)

• Middle tier: Appeal courts (appellate jurisdiction)

• Top tier: U.S. Supreme Court (appellate jurisdiction but very limited original jurisdiction)

Circuit courts

• 13 federal appeal courts that hear appeals from district courts within its geographic area (circuit)

• Has mandatory, appellate jurisdiction

Mandatory jurisdiction

• Jurisdiction where courts must hear every case filed with them

Discretionary jurisdiction

• jurisdiction where US Supreme Court justices get to choose the cases to hear from all cases appealed to USSC

Chief justice

• One justice out of the 9 that provide organizational and intellectual leadership on USSC

• Selected by the president

Judicial independence

• Federal judges are free from political pressure (can’t be cut by president/Congress unhappy with their decisions)

• Ensures that they can make decisions based on the law/Constitution fairly