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Bicameral
The legislative branch is a 2 house lawmaking body. Having two separate houses ensures democratic principles like popular sovereignty, gridlock, and limited government.
Senate
The Senate is known as the upper house. It has 100 members and there are two senators per state. It is more insulated from public opinion due to longer terms and is known as the cooling chamber. Senators have 6 year long terms but ⅓ of the Senate is up for reelection every 2 years. Senators also represent their whole state not just certain districts. The Senate has more constitutional powers. Some of their unique powers include: ratifying treaties, confirming presidential nominations, and holding trials for impeached officials. It also has a unique committee known as the judiciary committee which works to confirm judicial appointments. Due to its smaller size, the Senate has less regulated debate and allows for the minority to utilize strategies to gain more control. Some of it’s unique debate practices include the filibuster and cloture. In addition, Senators can add nongermane amendments. The most important Senator is the Majority Party Leader. Finally, Senators must be 30 years or older, a U.S.> citizen for nine years, and must reside in their state at the time of election.
House of Representatives
This is known as the lower house. It has 435 members which are allotted based on a state’s population with at least one representative per state. This house is more reactionary to the wills of their constituents (reflect public opinion) because they are up for reelection every 2 years. Representatives represent their respective districts, not the whole state. The House has some of it’s own unique powers. All revenue (tax) bills must start here and the House has the power to impeach officials. Additionally, the House has much more formal rules for debate with limited times and only germane amendments. The Speaker of the House is the most important member. The House of Representatives also has unique committees like the Rules Committee which regulates which bills reach the floor for debate and the Ways and Means Committee which reviews revenue bills. Finally, the requirements for Representatives are at least 25 years old, a United States citizen for at least seven years, and an inhabitant of the state he or she represents. The House also has a higher reelection rate
Constituent
The citizens that Senators and Representatives represent in Congress. Senators represent their home state and Representatives represent their legislative districts. Representatives tend to be more reflective of the will of their constituents because they are up for re-election more frequently.
Implied Powers
The powers not specifically listed in the constitution yet still claimed by Congress. These powers also exist through the necessary and proper clause which gives the Legislative Branch leeway to carry out their list of enumerated powers. The commerce clause has also allowed congress to take more Implied powers. McCulloch v Maryland.
Commerce Clause
This clause is a huge component in federalism that expands the powers of congress to regulate matters that influence interstate commerce. This power has been used to create the CRA, the clean air act, affordable care act and more.
Enumerated Powers
The limited number of specific powers delegated to Congress in Article I of the Constitution. Congress has the power to tax, coin money, raise an army, create a postal system, address piracy on the seas, define immigration and naturalization, declare war, and regulate interstate commerce. *Congress plays a large role in foreign policy and they oversee the military (War Powers Act of 1973)
Revenue
All revenue bills must start in the House of Representatives. Congress oversees the collection of revenue and the spending of money and for the past few years, Congress has consistently running a deficit. There are 5 main sources of revenue: individual income taxes, corporate taxes, payroll taxes, tariffs/excise taxes, and interest on government loans.
Tax Revenue
Most of the revenue comes from income taxes and Congress can raise or lower tax rates. The way they do this often relies on the fiscal ideology of the party in control. Republicans tend to want to lower taxes, especially on the rich, and lower spending as well. Democrats want to raise taxes and push for a progressive tax system which is what the United States has currently. In addition to income tax, payroll taxes are deducted directly from employees’ salaries and matched by employers
Budget
There are many influences on the national budget including the president, congress, bureaucratic agencies, and interest groups. The president initially sets the budget and Congress reviews and adjusts it. Congress ultimately has the final say with the budget. Each house has an appropriations committee and the Congressional Budget Office analyzes the budget and checks the Office of Management and Budget. Congress has to take into consideration both mandatory (entitlements) and discretionary spending. Mandatory spending has to be paid but rates and qualifications can be slightly adjusted. Congress has much more leeway when deciding how to distribute discretionary spending. They are also responsible for funding the bureaucracy.
Entitlements
Expenditures required by law or mandated for certain programs including social security, medicare, medicaid, unemployment insurance etc. While for the most part Congress has to pay these they can influence them as Congress has passed laws determining the eligibility for these programs and the level of payments. Mandatory spending was 60% of the federal budget.
Discretionary Spending
38% of the national budget that goes towards non-mandatory issues. The funds that congressional committees debate and decide how to divide up. Military makes up the majority of discretionary spending but other issues include education, urban development, energy, transportation, and agriculture. Congress also has to decide how to divide this spending up among the bureaucratic departments.
Speaker of the House
The top leadership role in the House of representatives. They recognize members for speaking, they organize members for conference committees and have great influence on most matters of lawmaking.
Leadership in Congress
House of Representatives: Speaker of the House → Majority and Minority Leaders→ Majority/Minority Whip
Senate: Vice President → President Pro Tempore → Majority*****most powerful*** and minority leader → Majority and Minority Whip
Filibuster
Senators do not have the same time constraints as representatives and can try to stall or kill a bill by talking for an extremely long time to let the time run out on a deadline for voting for a bill or to wear down the opposition. This practice allows the minority party to gain more control.
Cloture
This rule (rule 22) enables a 2/3 majority vote to close up or stop debate on a bill and call for a vote. Today only 3/5 vote is needed. Once cloture is reached each senator has 1 hr to speak. This rule means that essentially, senators need ⅗ or 60 votes to pass a bill.
Hold
A delay placed on legislation by a Senator who objects to a bill.
Unanimous Consent
An agreement in the Senate that sets the terms for consideration of a bill.
Committees
Congress’ formalized groups include both law making committees and partisan groups. Committees are where the real work of congress is done. Committees are helpful in splitting up the workload and dividing into areas of expertise. They are not mentioned in the constitution but they are important fixtures. Smaller groups can tackle tougher issues and draft more precise laws than the entire house or senate can . They play a role in the legislative process in both groups. Committees include: Standing committees (permanent), Joint committees (formed with members from both houses), temporary/select committees (address temporary issues), and Conference committees (they markup slight differences in bills between houses). Committees have authorization powers, oversight, they can delegate tasks to the executive agencies, and they play a role in iron triangles.
Congressional Oversight
Committees also play a role in overseeing how executive agencies administer the laws congress creates and can authorize entire departments and agencies to carry out the law. Agency directors testify when corruption/less than an adequate job has been performed. Other oversight hearings could be fact finding exchanges between lawmakers and leaders.
Overriding a Veto
Congress can override a veto with a ⅔ vote in each house.
Rules Committee
A committee unique to the house of representatives that can dispose of bills and define guidelines of debate. This committee has the powerful role of traffic cop and gets to decide which bills even reach the floor for debate. It generally reflects the will/sentiment of House Leadership and the majority caucus. They also assign bills to standing committees and schedule bills for debate. This centralization of power increases efficiency. This committee also has the power to alter rules of procedure.
Committee of the Whole
This committee is unique to the house and includes but doesn’t require all members. The rules are more relaxed, and this committee allows for longer debate and group voting. It also allows for nonvoting members of Congress to place a vote. This committee only needs 100 members. It rises and reports the bill to the house and formal procedure resumes to vote on the bill. Not very common.
Discharge Petition
A motion filed by a member of Congress to move a bill out of committee and onto the floor of the House of Representatives for a vote. Prevents the minority in the committee from stopping a bill approved by the majority.
Pork Barrel Legislation
A product of legislative add-ons. Appropriation of government spending for localized projects secured solely or primarily to direct spending to a representative's district. Ex: a senator from Idaho directing funds to a potato processing plant.
Logrolling
Trading of votes on Legislation by members of Congress to get their earmarks or bills passed into legislation.
Politico Model
This model blends together the delegate and trustee models to consider a variety of factors and decide their action for what political calculations make sense at the time.
Trustee Model
When members believe they are entrusted by their constituency to use their best judgment regardless of how they view an issue. When congress members “vote their conscience”
Delegate Model
When congress members vote in a way that reflects the will of their constituency. This is common in the House of Representatives.
Partisanship
When a bill is supported by one party but rejected by the other. When there is little compromise and parties take sides on a bill. The opposite of Bipartisanship.
Reapportionment
(Mandated by the Reapportionment Act of 1929). The periodic redistribution of United States Congressional Seats every 10 years according to changes in the population. States must have at least 1 representative and can gain or lose them.
Redistricting
The reshaping of congressional districts every 10 years. State legislatures alter congressional districts to reflect population changes. This process is competitive and contentious. It has increased partisanship and the party in power often uses this to benefit their party in the following elections. It has an enormous impact on democratic participation and the makeup of the House of Representatives.
Baker v Carr
In this case the decision was that the Supreme Court can render judgment on the constitutionality of legislative districts (overturned Colegrove v green). This case established the principle of one man one vote on the basis of the 14th Amendment’s equal protection clause. This case occurred when Tennessee redistricting gave rural citizens much more influence and gave the minority more power than the majority. Baker sued the secretary of state who is in charge of redistricting because he thought everyone’s vote should be equal. The Supreme Court stepped in to make legislative districts as democratic as possible and their ruling expanded democratic participation and the voting rights of minorities. This case established the principle of one man, one vote.
One man, One Vote
The principle that every citizen’s vote should be weighted equally. This concept is based on democratic principles and the 14th Amendment’s equal protection clause. It arose when Tennessee’s redistricting practices diluted the votes of urban citizens in the case of Baker v Carr.
Shaw v Reno
A congressional district designed for the purposes of assuring a majority black population violates the 14th Amendment’s equal protection clause. The Supreme Court decided that race could not be the only determining factor in drawing congressional districts. North Carolina had extremely odd voting districts to form two majority-minority districts to benefit African Americans and this called into question whether race can be used as a factor in drawing congressional districts. Those suing argued that the efforts taken by North Carolina separated citizens into classes by race in order to form districts which is unfair.
Gerrymandering
When district lines are drawn illogically to give an advantage to one group. There is partisan gerrymandering and racial gerrymandering. Partisan gerrymandering is legal and has an enormous impact on democratic participation and the makeup of the House of Representatives. Racial gerrymandering is not.
Majority Minority District
A district in which voters of a minority ethnicity constitute an electoral majority within that electoral district.
Divided Government
When different parties control the presidency and one or both houses of Congress. This makes passing policy very difficult because the differing parties often oppose each other on bills and make compromise difficult.
Gridlock
So much congestion of opposing forces nothing can move forward caused by intensifying partisanship or hyperpluralism. Occurs between houses and between Congress and the president. Legislature has developed into a partisan and sometimes uncivil institution. This limits the effectiveness of Congress and is especially heightened when there is a divided government.
Incumbent Advantage
Incumbent Congress members have a large advantage over their opponents because they have access to more material resources (war chest, franking advantage, free trips home), more media exposure, and more experience.
Article II
This article outlines the qualifications, duties, and limits of the president. The requirements include being a natural-born citizen, 35+ years old, and a U.S. resident for at least 14 years. Limits 4 year terms, must receive majority E.C. vote, can be impeached, treaties and nominees must be approved by the senate. The duties of the president include: commander in chief, pardons, appointing judges, ambassadors, officers, etc, recommending legislative measures, veto/approve bills, executive orders, etc.
Lame Duck Period
The period at the end of the presidential term when a new candidate has already won the election and the president’s power is greatly diminished. Congress may block presidential initiatives and nominees.
Honeymoon Period
The first 100 days of the President’s term where his popularity is still very high and he has lots of influence on policy. Congress tends to pass a lot of the President’s initiatives during this time
Policy Agenda
A set of issues, problems, or subjects that gets the attention viewed as important by people involved in policymaking such as government officials and government decision-makers. The President often has a policy agenda when coming into office and often tries to use their formal and informal powers to influence other branches of government to pass and enact his policies.
Formal Powers of the President
Powers listed in Article II of the Constitution and specifically delegated to the United States President. These powers include: Commander in Chief of the Armed Forces of the United States (power to deploy troops and take necessary immediate defensive action), negotiating treaties with foreign entities, Appointing officials (Ambassadors, Judges/Justices, and Officers of the United States), State of the Union Address, Power to Pardon, Power to fill vacancies (recess appointments), Power to receive representatives from foreign nations, the constitution also mentioned that the President should implement laws passed by Congress, President can suggest measures to congress, the President can convene /adjourn congress, the President has the power to veto or pocket veto but not to line item veto.
Informal Powers of the President
Establish a Cabinet, Executive Privilege, Executive Orders, Executive Agreements, Signing Statements, and Proclamations/Memorandum
Informal Powers include the President’s persuasion powers:
Informal Communication
One on One negotiation with members of Congress
Liaisons who lobby congress members
White House Office of Legislative Affairs
Bully Pulpit
Public Speaking Engagements/Advocating for Public Policy Agenda
Political rallies
Use of media and other communication to shape public opinion
Attempts to increase personal popularity to influence Congress
Roles of the President
Chief legislator, chief diplomat, commander in chief, chief executive and administrator, party chief, chief of state, chief citizen, healer in chief, chief magistrate with judicial powers.
Checks on the Presidency
Framers installed several checks on the power of the president: impeachment, advice and consent of appointees, the President can’t raise their own salary, judicial review of executive order, and overriding the veto.
Veto
Formal Rejection by the President of a bill that has passed both houses of Congress.
Pocket Veto
When the president receives a bill in the last 10 days of the congressional session and does not act on it causing the bill to die.
Line Item Veto
The ability to eliminate a line of spending from an appropriations bill or a budgeting measure. Essentially the power to veto part but not all of the bill. Congress gave this power to the president in 1996 and many governors have this power but the court took this power away unless there is an amendment.
Commander in Chief
The president has this role and the power to control many of the issues relating to the military. The President deploys troops and military forces. Congress has the power to declare war but the last officially declared war was WWII showing the president still mainly controls when or how the United States enters conflicts. During the Cold War era, the president’s authority as commander in chief rose. The need to act quickly with modern technology increased the need for an energetic executive. In a defensive military operation the executive can and must act quickly. He is also a part of the national security counsel along with other members.
War Powers Act of 1973
This act was meant to release the Tonkin Gulf resolution while maintaining the ability of the president to take necessary direct action to defend the United States and strengthen the war-declaring authority of Congress. The president can order the military into combat 48 hours before informing Congress. Congress must approve or disapprove of the action within 60 days and can remove troops within 60 days.
Executive Agreement
This simple contract between 2 heads of state resembles a treaty but doesn’t require the Senate’s 2/3 vote to ratify. Executive agreements can’t violate prior treaties or congressional acts and they aren’t binding on successive presidents.
Treaties
The president can make treaties and through treaties can facilitate trade, provide for mutual defense, set international environmental standards, etc but treaties require senate approval to ratify. WWII and Treaty of versailles show that treaties can be hard to pass
Executive Order
This empowers the president to carry out the law or to administer the government. This presidential directive falls within executive authority for example determining how the military/departments operate. These have the affect of law. They address a variety of issues. These can be challenged in the court of law. THey can’t address matters that have exclusive Congressional jurisdiction. They don’t require congressional approval and can be passed when there is no compromise in congress. They are not binding on successive presidents.
Presidential Pardon
Presidential authority to release individuals convicted of a crime from legal consequences and forgive an individual and set aside punishment for a crime.
Cabinet
The principal officers of the executive department. The cabinet was vaguely mentioned in Article II of the constitution. There are 15 cabinet secretaries to advise the president and run large government departments that take care of a wide range of national concerns. The president can add others to this formal group such as the Vice President, the chief of staff and others. This cabinet is also a way for the President ot influence the bureaucracy.
White House Staff
The president’s immediate staff of specialists that run the white house office. They advise the president and don’t require senate approval. White House staff includes the chief of staff the press secretary, the chief counsel, and the national security adviser. The Executive Office of the President also helps him connect to with independent agencies and carry out constitutional duties.
Signing Statements
Statements made when signing a bill into law explaining their interpretation of a bill, their understanding of what is expected of them to carry it out or just a commentary on the law. Some are critics of this informal power.
Federalist 70
Federalists believed that the President should be a single individual who can be held accountable and make timely/efficient decisions. They thought that the presidency should be united, and have competent powers. They valued unity to avoid conflicts and ensure accountability. Having one man as the executive allowed for decision, activity secrecy, and despatch. “Energetic executive” needs to be able to make quick decisions for the safety of the Country. Energy→ unity, duration, adequate provision for its support, and competent powers.
22nd Amendment
Although the two-term limit was already a tradition this amendment set the practice in stone saying the President can only serve two terms or a total of 10 years in the case that they were a Vice President that took office halfway through a term.
20th Amendment
This amendment adjusted the time in which the President takes office. The President takes office on January 20th instead of March 4th. This limited the lame-duck period where the President had little influence.
25th Amendment
This amendment lays down the rules for presidential succession. This amendment allows the Vice President to assume presidential duties if the president is incapacitated or disabled and allows the president to temporarily hand over decision making authority to the Vice President (only needed 3 times for medical procedures). The Presidential Succession Act of 1947 also laid down the succession order: Vice President, Speaker of the House, then President Pro Tempore etc.
Powers of Persuasion
The president can recommend measures to congress and can push congress to pass legislation through the state of the union, public appearances, and other events. The president’s personality and leadership can corral the 535 members of congress. The President will even sometimes meet with congressmen to persuade them on bills. The president also has staff and the white house office of legislative affairs that promote the President’s agenda in Congress. The president can also have staff draft, research, and manage bills. Presidents give speeches and even presentations to promote their bills.
State of the Union
The annual speech from the president to Congress updating that branch on the state of national affairs. President’s use this as for bully pulpit. They often boast about their accomplishments in office and try to influence congress and the public to support their policies.
Bully Pulpit
When the President uses the media to speak to and connect with the American public to convince them to support his policies and influence their congressmen to support them too. A stage to pitch ideas.
Article III
This article defines the judiciary and establishes the Supreme Court. It gives Congress the power to create additional courts and change the jurisdiction of the court. It also lists the original jurisdiction of the Supreme Court: cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party. It also declares treason a federal crime. This article also ensures it’s independence by stating judges serve for life and their salaries cannot be decreased while in office. It also shows that the right to a jury trial is a national right.
Judiciary Act of 1789
Congress used this act to clear up the vague Article III and they also established a three tiered court system by adding district and appeals courts. The court system is mostly the same today.
District Courts
Lowest tier of the federal court system. The judges are appointed by the president and approved by congress. There is one judge per court and these courts have original jurisdiction only. There are 94 courts and most of the work happens at this level. THese courts handle 3,000+ cases a year. These courts hear federal criminal and civil cases. There is one judge in the district court. District courts are also known as trial courts. These courts act like finders of fact. There can be witnesses and a jury.
Appeals/Circuit Courts
The Middle tier of the federal court system. Judges are appointed by the president and approved by congress. There are three judges per court. There are 12 of these courts created by Congress in the Judiciary Act. They take appeals from district courts but the petitioner must prove the lower court erred and need for certiorari. The respondent shows how the lower court made the right decision. There is no jury or witnesses. This tier of the federal court system only has appellate jurisdiction.
Supreme Court
The uppermost tier of the Federal Court System. The justices are appointed by the president and approved by Congress. There is a panel of nine justices. There is only one court. The Supreme Court hears about 80-100 cases a year. It has appellate and original jurisdiction (in cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party). The Supreme Court is especially important because it decides on the technicalities of constitutional law with national and historical impact. Their decisions become the law of the land as they have binding precedents in lower courts. Petitioners fill out a petition of certiorari which goes into the “cert pool” to be reviewed by law clerks and if approved by 4 justices a writ of certiorari is sent to the lower court and the case is taken.
Criminal Law
A system of law that deals with those accused of committing crimes. In these cases there is a plaintiff (state prosecutor or attorney) and a defendant(accused of crime). The defendant must be accused of committing a federal crime to be tried in a federal court. Often plea deals are made to save time and money. United States attorneys acts as prosecutors in cases. In these cases the government is the plaintiff.
Civil Law
Civil disputes concerning business or personal conflict. Plaintiffs sue over torts (civil wrongs) that have damaged them. Plaintiff files complaints and must prove a preponderance of evidence. These mostly occur in state courts. To occur in a federal court the plaintiff must prove diverse citizenry: that the 2 parties reside in different states and the issue is more than $75,000. In these cases both parties are citizens.
Federalist 78
Hamilton’s essay defending the need for a national court. His main points are the need and provision of an independent judiciary with life terms, that the court would be the weakest branch because they have no enforcement mechanism, and that the court should have the power of judicial review to interpret the law and overturn unconstitutional laws.
Marbury v Madison
This Landmark case established the principle of judicial review which gave the supreme court the power to interpret law. This case dealt with the midnight appointments of justices by Adams including William Marbury who sued for his job. The court ruled that it had no jurisdiction in the matter canceling Marbury’s claim and instituting judicial review by overturning a part of the Judiciary Act of 1789.
Judicial Review
The ability to declare a legislative act or an executive branch action void because it is unconstitutional. This power was established in 1803 in Marbury v Madison. This power has given the SCOTUS a strong hand in national policy. This power gives the judicial branch more equal footing with the legislative branch.
Stare Decisis
Latin for let the decision stand. The concept that governs common law. Deciding a case according to precedent set by a similar case.
Original Jurisdiction
The authority to hear a case for the first time. District courts have original jurisdiction and the Supreme Court does in cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party.
Appellate Jurisdiction
The authority to hear cases appealed from a lower court. Petitioners must prove the need for certiorari. Respondents prove why the lower court decided correctly. When cases reach the supreme court petitioners fill out a petition for certiorari which goes into the cert pool and can make the discuss list. The Rule of 4 is when 4 out of the 9 justices agree to take the case it is heard in the Supreme Court.
Judicial Activism
When judges strike down laws or reverse public policy they are exercising this belief. This can occur at multiple levels and those who exercise judicial activism can be conservative or liberal. Critics of judicial activism call it legislating from the bench because by overturning policies they are effectively creating new policies. A philosophy that justices should wield the power of judicial review sometimes creating new policies.
Judicial Restraint
When judges don’t declare a law unconstitutional when it merely violates their own idea of what the constitution means in a contemporary context but when it clearly and directly contradicts the document then action can be taken. They like to let elected representatives create policy. A philosophy that judges should be cautious in overturning laws.
Confirmation
Appointment and confirmation of justices takes place between two branches: the legislative and executive. The President appoints justices and the senate confirms these appointments. This process can be very controversial especially with Supreme Court justices who have a very large impact on national policy and serve life terms. The Senate judiciary committee reviews appointments and in the case of district judges they normally give home state senators more power. They also question judges and use the litmus test to get an idea of their stance on controversial topics. Interest groups like the ABA can also weigh in on the process.
Opinions
Justices write majority, dissenting, concurring, and per curium opinions to explain the reasoning behind the final decision of cases. Majority: The court’s opinion. Summary of the case, the court’s decision and it’s rationale Concurring: written by those that agree with the majority but have different legal opinions. Dissenting: an opinion written by those that disagree with the majority. It has no legal standing but its legal reasoning can resurface later.
Justice Department
U.S. Attorneys work in the justice department but also within the courts where they act as federal prosecutors. The U.S. Attorney General oversees them. The solicitor general also plays a role in determining which cases are appealed to the Supreme Court and can also represent the US government in the Supreme Court room.
Strict Constructionist
A justice/person who interprets the constitution in it’s original context.
Liberal Constructionist
A justice who interprets the constitution as a living document that takes into account changes and societal conditions since the ratification.
Implementing Unfavorable Decisions
The judicial branch lacks the power of the sword. If an unfavorable decision is made the executive branch can delay implementation. The legislative branch can propose an amendment, alter laws, or redefine the jurisdiction of the supreme court.
Confirmation
The President appoints high-level officials in the bureaucracy like agency directors and department heads. The President appoints and the Senate gives advice and consent. Usually, they give the President some room to appoint his members of the Cabinet.
Merit System
A system in which jobs are awarded to qualified applicants with competitive written exams to test their knowledge and qualifications. The Merit system was established through a number of reforms including the Pendleton Civil Service Act (created written exams and the Civil Service Commission to oversee), the Hatch Act, the Federal Employees Political Activities Act, the Civil Service Reform Act, the Senior Executive services, and the office of personnel management.
Patronage
Rewarding loyal party members with federal jobs in the bureaucracy. Presidents could give those who gave large campaign contributions jobs. This is somewhat common for ambassadors. Presidents would also expect loyalty after nomination. This grew very serious and caused lots of corruption in the late 1800s
Issue Networks
A collaboration of multiple groups including committees, staffers, academics, think tanks, interest groups, media, and agencies to create policy on a specific issue.
Iron Triangle
Relationship between agencies, congressional committees, and interest groups. They have an interdependent relationship → they join forces to create policy. Interest groups target agencies to press their agenda. PACS also donate to congressmen and meet with bureaucrats.
Bureaucracy
The vast hierarchical organization of executive branch employees that takes care of the Government’s business. It carries out laws, implements policies, and provides government services.
Government Corporations
Hybrids of government agencies and private companies. This occurs when the government wants to overlap with the private sector. Examples include AMTRAK, TVA, and FDIC. The ideal is that they can produce enough money to support themselves.
Independent Agencies or Commissions
This type of agencies have a body of officials like a board or commission rather than one directors like purely executive agencies. Board members have staggered term to ensure continuity and neutrality. Many are regulatory agencies including the EPA and the FCC.
Oversight
Congress takes lots of steps to hold the bureaucracy accountable. The Administrative Procedure Act, Freedom of Information Act, Sunshine Act, and Whistleblower Acts all affected the bureaucracy and allowed Congress to reform it. In addition, Congress holds committee hearings for bureaucratic officials to address actions or inaction within agencies. They can receive reports or often call agency directors to testify. Additionally, congress funds the bureaucracy which gives them lots of influence because in order to receive funds departments and agencies have to listen to Congress.
Power of the Purse
Congress determines how much funding these organizations receive. Congress uses this power to determine the financial state of an agency and measures it’s success with money. Congress has the power of authorizing spending measures giving them this power. The appropriations committee must approve specific or annual money allotments. Some agencies make their own money and aren’t as beholden to Congress.
Appropriations
Allotments of money (1 time or annual) that must be approved by committees, the appropriations committee and the full chamber before the agency receives the funds. They are usually made annually as part of the budget.