AP Gov Unit 4

Delegate Model

Representative acts strictly in accordance with constituents interest

Trustee Model

Representative has some authority to make decisions based on own opinions/conscience

Decision made is still with the people in mind but may go against what the majority believes is best for the people

Enumerated Powers

Powers explicitly given to a specific branch(es) of government from a given document

Implied Powers

Powers not explicitly stated in a governing document

Inherent Powers

Powers necessary for a government to function/are necessary such that authority is implied

Gerrymandering

Drawing district lines such that it favors a political party or candidate

Federalism

Power is shared between national government and state/local governments

Districting/Redistricting

The drawing or redrawing of electoral district lines, done every ten years by state legislatures

Constituents

People who elect a legislator to represent them

Bills/Bill-Making Process

Are a proposed piece of legislation aimed at creating a new law or reforming an existing one

1. Bill introduced by executive branch, constituents, or interest groups in either House (H) or Senate (S)

2. Bill then subject to committee action/inaction in the form of hearings and legislation tweaks

3. Committee then votes on the bill and prepares the bill to be sent to the floor (if it passes the committee)

Cloture

Vote to end debate, need 60/100 Senators

Note: filibusters typically happen in the Senate

Filibuster

Act of dragging out debate, can be done by having at least 40 Senators threatening to block a bill (by starting a debate)

Pocket veto

Veto done by President in which he/she leaves bill unsigned until after Congress is adjourned

Presidential veto

Explicit veto done by the President to reject a bill from becoming law

(sent back to House/Senate, 2/3 majority in both chambers to override)

Oversight/investigative powers

The process of reviewing, monitoring, and supervision of federal/state/local agencies

The power to conduct investigations into those of office to gain information for public interests, threats, or criminal activities

Appropriations powers

Listed in Article I Section 9 of the US Constitution

Gives Congress “budget authority” or the power to allocate funds for federal agencies except “in consequence of appropriations made by Law”

Resolution

Established decorum for both chambers (less formal in Senate)

Can be simple (one house needs to pass) or concurrent/joint (both houses need to pass)

Impeachment

Power to convict and oust President from office

Simple majority in House to impeach

2/3 majority in Senate to convict

Seniority

Based on length of service

Checks and Balances

Provisions in the Constitution that allow each branch to check each other to ensure that no one branch becomes too powerful

Committee System

Helps to establish decorum and debate in Congress

Lobbying

Act of influencing legislation

Article I, Section V

Gives Congress power to “govern itself”

“establish rules of its Proceedings and punish Members for disorderly Behavior”

Strong Speaker System

Also known as a “top-down” system:

• Can be institutional strength (Reed) or partisan strength (Gingrich/Pelosi)

• Speaker makes major decision on committee membership, bills scheduled to floor, messaging

• Typically occurs in times of polarization/partnership

Decentralized committee leadership

Also known as a “bottom-up” system

• Seniority driven (safe seats)

• Most famously happened from 1920s-1960s and is associated with Southern Democrats

• Most likely to occur when parties overlap ideologically

Hearings

Method in which committees gather information on a proposed legislation

House of Representatives

Lower House (bicameral)

2-year terms

435 members (per law)

Note: 1929 is the last time we added members to the House

H o R Powers

Proposing and passing legislation (main power)

Senate

Upper house (bicameral)

6-year terms

100 members

Responsible for “advise and consent” over the executive branch

Confirmation of appointments

Only legislature that is not “one person one vote”

Subject to filibuster and cloture

Senate powers

Ratifying treaties (main power)

Commander-in-Chief Clause

President is the Commander-in-Chief of the military (more branches of the military; no standing army, just militias

Take Care Clause

President is to “take care of the Laws be faithfully executed”

Executive Order

A letter to the head of certain departments by the President to do something (in line with his/her agenda)

Bully Pulpit

Power of the President to influence the public

Foreign Policy

Government’s strategy in dealing with other nations

Bureaucracy

Complex structure of the executive branch (responsible for implementing and enforcing laws)

Executive Office of the President (EOP)

Series of agencies that work for the President

Independent Agencies

Agencies that work independent of the executive branch

Civil Service

Method of employment based on merit and competency

Spoils System/Patronage

Method of employment based on party loyalty, sometimes disregarding merit

Appellate Jurisdiction

Power to decide only cases that have already been ruled upon previously (appeals courts - 13, mainly the Supreme Court)

Original jurisdiction

Power to decide cases that originate for the first time

(District courts - 94, Supreme Court when state v. state, US is a party, or treaties)

Judicial Review

Power to interpret constitutionality of legislation

Writ of certiorari

Legal order issued by higher court to lower court to deliver its case record so it can be reviewed (by the higher court)

Amicus curiae

People/organizations that is not a party to a case but offers relevant information on the case

Landmark decision

Cases that establish new precedent or changes interpretation of existing law

Originalism

Interpreting the text based on the time that it is written

Textualism

Interpreting the text based on its plain meaning

Living Constitutionalism

Interpreting the text based on its current meaning

Judicial Activism

Practice of judges making decisions based on their own views vs. interpretation of law

Electoral College

The voting system used to elect a President every four years, consists of 538 total electoral votes (270 needed to win) based on the sum of the members of Congress (HOR + Senate)

Signing Statements

Happens at/near the time in which a President signs a bill into law that expresses the President’s interpretation of the law and how the executive branch will enforce that law

Cracking and Packing

The act of breaking up and rejoining congressional districts, often for political and/or racial gerrymandering

Shelby County v. Holder

Ruled Section 4 of Voting Rights Act was unconstitutional, removing preclearance requirements and allowing states and localities to enact voting laws

In other words, voting rights protections rescinded, allowing voter suppression and malfeasance

Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.

Establishes chevron deference

Is a policy in which the courts must defer to a government agency’s interpretation of a law if it is ambiguous or broad

Loper Bright v. Raimondo

Overturns chevron deference

Shaw v. Reno

Court ruled Shaw was unequally represented on racial gerrymandering

Rucho v. Common Cause

Racial gerrymandering = justiciable

Political gerrymandering = non-justiciable

Political gerrymandering has existed since DOI

Marbury v. Madison

Establishes judicial review in which the court ruled that writ of mandamus is unconstitutional and that Marbury would not receive his commission from Adams

Alexander v. South Carolina

Ruled that SC’s congressional redistricting plan does not create unconstitutional racial gerrymandering