Unit 2 AP Gov

FD = Foundational Document RSC = Required SCOTUS Cases

Bicameral

Two house legislature

Senate (US)

The upper chamber of Congress. Two senators are elected by voters in each state for a six-year term. 100 members

House of Representatives

the lower legislative house of the United States Congress consisting of 435 members that serve two-year terms.

17th Amendment

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

Reapportionment

the process of reassigning representation based on population, after every census

Enumerated powers in Article 1 section 8

1. To borrow Money on the credit of the United States;

2. To regulate Commerce with foreign Nations, and among the several states, and with the Indian Tribes;

3. To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

4. To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

5. To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

6. To establish Post Offices and post Roads;

7. To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

8. To constitute Tribunals inferior to the supreme Court;

9. To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

10. To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

11. To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

12. To provide and maintain a Navy;

Enumerated powers in Article I section 8 (part 2)

13. To make Rules for the Government and Regulation of the land and naval Forces;

14. To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

15. To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

16. To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;—And

17. To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Power of the Purse

Constitutional power given to Congress to raise and spend money

Commerce Clause

The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.

War Powers Act of 1973

Presidential power requires that Congress be notified within 48 hours of troop deployment and that troops be brought home after 60 days without formal Congressional approval.

implied powers

Powers not specifically mentioned in the constitution obtained from the Necessary and Proper Clause

MucCulloch v. Maryland (1819)

-Question: Do states have the power to tax the federal government and does Congress have the power to create a national bank?

-Decision: states cannot tax the federal government because "to tax is the power to destroy." Established the precedent that the federal government is supreme to the states. Justified by the Supremacy Clause in Article VI. The Necessary and Proper Clause in Article VIII allows Congress to create a national bank as Congress not only has expressed powers but implied powers.

Powers unique to the House

revenue bills: bills in involving taxes
impeachment: accusing the president or other federal official of a crime
chooses the president if there is no winner in the Electoral college

Powers unique to the Senate

removal: can remove the president or other federal who has been impeached by the House
ratification: can approve treaties with other nations
confirmation: can vote to accept or reject presidential nominees, such as Cabinet members and judges

franking privilege

the right of senators and representatives to send job-related mail without paying postage

Quorum

The minimum number of members who must be present for business to be conducted in Congress. 51 senate members
218 house members

Speaker of the House

the leader of the majority party who serves as the presiding officer of the House of Representatives recognizes members for floor speeches and comments organizes members for conference committees, and has great influence in most matters of lawmaking.

Majority Leader of the House

A legislative position held by an important party member in the House of Representatives. The majority leader is selected by the majority party in a caucus or conference to foster cohesion among party members and to act as spokesperson for the majority party in the House. Guide their party members in policy-making issues, and help direct debates

Minority Leader of the House

The party leader is elected by the minority party in the House and is the spokesperson for the minority party in the House. Guide their party members in policy-making issues, and help direct debates

Majority Whip

a go-between with the majority leadership and party members, their job is to make sure everyone in their party votes the same
Render party discipline, make sure party members walk in lin with party goals

minority whip

a go-between with the minority leadership whose job mirrors that of the majority whip but without the power that comes from holding a majority, Render party discipline, make sure party members walk in lin with party goals

President of the Senate

The Vice President

President Pro Tempore

Officer of the Senate selected by the majority party to act as chair in the absence of the vice president

Majority Leader of the Senate

Sets and control the Senate's calendar for legislation (person with the most power in the Senate), sets the agenda

Minority Leader of the Senate

develops the minority position; negotiates with the majority party; directs minority caucus activities on the floor; directs floor activity for the minority party; leads floor debate for the minority party.

standing committee

A permanent committee established in a legislature, usually focusing on a policy area, deals with an issue that always happens. Ex. Appropriations Committee (debates and makes decisions on where money is spent) (Senate), Ex. Ways and Means Committee (responsible for taxes) (House)

Joint Committee

A committee composed of members of both the House of Representatives and the Senate; such committees oversee the Library of Congress and conduct investigations.

select committee

A temporary legislative committee established for a limited time period and for a special purpose.

conference committee

special joint committee created to reconcile differences in bills passed by the House and Senate

House rule committee

The committee in the House of Representatives that reviews most bills coming from a House committee before they go to the full House. Gatekeeper for all legislation, Decides when votes take place and assigns bills to various committees for debate and revision

Committee of the Whole

procedural device that relaxes some of the rules of debate so that amendments for bills can be debated quicker, doesn't require all 435 members just a minimum of 100 members. Created to allow for longer debates among fewer people and allows for delegates from U.S. territories to vote

discharge petition

Petition that, if signed by majority of the House of Representatives' members, will pry a bill from committee and bring it to the floor for consideration.

Hold

A procedural practice in the Senate whereby a senator temporarily blocks the consideration of the bill or nomination. A senator informs a senate leadership that he or she does not wish a particular measure or nomination to reach the floor for consideration.

Filibuster

A lengthy speech designed to delay or kill the vote on a bill; used only in the Senate. A procedural practice in the Senate whereby a senator refuses to relinquish the floor and thereby delays proceedings and prevents a vote on a controversial issue.

cloture rule

Prevents filibustering (16 signatures) and ends debate in the Senate, by a 3/5s vote of the Senate

unanimous consent

When all senators agree to restrict certain privileges in order to get work done faster.

earmarks/pork-barrel legislation

Additional funds that are added on a bill to gain a specific legislators vote

Logrolling

vote trading; voting to support a colleague's bill in return for a promise of future support

Caucuses

A closed meeting of a political or legislative group to choose candidates for office or to decide issues of policy

Congressional 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

federal budget

a plan for the federal government's revenues and spending for the coming year

committee chairman

Congress member who leads a standing committee

mandatory spending

Federal spending required by law that continues without the need for annual approvals by Congress, ex. Social Security, Medicare, Medicaid.

discretionary spending

funding that congressional committees debate and decide how to divide up

Delegate model

The view that an elected represent should represent the opinions of his or her constituents.

trustee model

a model of representation in which a member of the House or Senate follows his or her own conscience when deciding issue positions

Politico Model

Legislators should follow their own judgment (that is, act like a trustee) until the public becomes vocal about a particular matter, at which point they should follow the dictates of constituents

Office of Management and Budget (OMB)

The office that prepares the president's annual budget proposal, reviews the budget and programs of the executive departments, supplies economic forecasts, and conducts detailed analyses of proposed bills and agency rules.

Congressional Budget Office (CBO)

Advises Congress on the probable consequences of its decisions, forecasts revenues, and is a counterweight to the president's Office of Management and Budget.

budget resolution

A resolution binding Congress to a total expenditure level, supposedly the bottom line of all federal spending for all programs.

Sources of Revenue

individual income taxes, corporate income taxes, social insurance taxes & tariffs/excise tax

individual income tax

tax levied on the wages, salaries, and other income of individuals

corporate tax

a tax charged to businesses based on their total revenues

Social insurance tax

Taxes collected from employees and employers to pay for major social programs; also known as payroll taxes

tariffs; excise taxes

a customs duty or tax levied on imports of merchandise goods

Redistricting

The redrawing of congressional and other legislative district lines following the census, to accommodate population shifts and keep districts as equal as possible in population.

Gerrymandering

Process of redrawing legislative boundaries for the purpose of benefiting the party in power.

Federalist No. 70 (FD)

Hamilton. The executive of the US needs to be a single entity. Making it a dual position or a committee would be dangerous. A single executive could make decisions faster and could be kept in check easier by the people through their scrutiny.

Chief Executive

Enforces or implements a new law using executive orders

vesting clause

Article II, Section 1, of the Constitution, which states "The executive Power shall be vested in a President of the United States of America," making the president both the head of government and the head of state.

Commander in Chief

The role of the president as supreme commander of the military forces of the United States and of the state National Guard units when they are called into federal service

Pardon powers

The President...shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. The power to pardon is one of the least limited powers granted to the President in the Constitution.

Chief Dimplomat

allows the president the power to receive ambassadors and other public ministers

Appointment Power of President

allows the president to staff the executive branch with people who will help promote his or her policies, has to be confirmed by the Senate

recess appointment power

Presidential appointment made without Senate confirmation during Senate recess

Veto power

presidential power to stop a bill from becoming a law by rejecting it

pocket veto

A veto taking place when Congress adjourns within 10 days of submitting a bill to the president, who simply lets it die by neither signing nor vetoing it.

line-item veto

Presidential power to strike, or remove, specific items from a spending bill without vetoing the entire package; declared unconstitutional by the Supreme Court.

Inform and Convene power (State of the Union)

The constitution requires the president to inform the congress periodically of "the state of the union" and authorizes the president to convene either one or both houses of congress on "extraordinary occasions".

Take Care Clause

The constitutional requirement (in Article II, Section 3) that presidents take care that the laws are faithfully executed, even if they disagree with the purpose of those laws.

Impeachment

A formal document charging a public official with misconduct in office

Electoral College

the body of electors who formally elect the United States president and vice-president

12th Amendment

separation of votes for President and Vice President

20th Amendment

Congress begins on January 30th; President starts on January 20th
"Lame-duck" Amendment

22nd Amendment

Limits the president to two terms.

23rd Amendment

Gives Washington DC electoral college votes as if it were a state (DC still has no representation in Congress)

25th Amendment

(1) Succession of VP if president dies or become incapable to do his job.(2) if there is no VP, president must appoint one, and congress must approve

inherent powers

Powers not specifically listed but fall under the jurisdiction of the executive

Executive order

A rule issued by the president that has the force of law

executive agreement

an agreement between the president and the leader of another country

executive privilege

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

Executive Immunity

The President has absolute immunity from civil damages based on any action he took within his official responsibilities, but there is no immunity for acts that allegedly occurred before taking office. If presidential aides have exercised discretionary authority in a sensitive area, they may share the immunity for suits brought concerning that area.

Bully Pulpit

the president's use of his prestige and visibility to guide or enthuse the American public

signing statement

a presidential document that reveals what the president thinks of a new law and how it ought to be enforced

White House Staff

Personnel who run the White House and advise the President. Includes the Chief of Staff and Press Secretary

chief of staff

The head of the White House staff.

Press secretary

the president's spokesperson to the media

Executive Office of the President (EOP)

A mini-bureaucracy created in 1939 to help the president oversee the executive branch bureaucracy.

Cabinet Secretaries

heads of cabinet departments and chief advisers to the president on the issues under their jurisdiction, there are 15 cabinet members as of now

Vice President

Assistant to the president, powers varies from how much the president gives to them, president of the Senate and takes over as president when he/she dies

Imperial Presidency

Term used to describe a president as an "emperor" who acts without consulting Congress or acts in secrecy to evade or deceive congress. A presidency that has greater power than the constitution allows. A powerful executive guided by a weaker Congress

Andrew Jackson

Expanded the scope of the presidential authority, used veto more times than any previous president, and fired any cabinet members that didn't agree with him. Increased political participation and expanded suffrage

Abraham Lincoln

Increased the power of Chief executive and Commander in Chief, He assembled the militia. He enlarged the army & navy beyond congressional appropriation. He suspended habeas corpus. He is generally excused for these constitutional violations because he stretched his powers to save the United States.

Teddy Roosevelt

Strengthen the Monroe doctrine (warns European nations that the United States would not tolerate further colonization or puppet monarchs.) He sent troops to Cuba and Philippines.
He sent the navy around the world.
He acquired property to build Panama Canal.
His "stewardship theory" presumed presidential power is strictly limited to actual limits of constitution itself. Like a good stewardess the President should exercise as much authority as possible to take care of American people following Lincoln's footsteps
"I have used every ounce power there is in the office."

Woodrow Wilson

He was president when U.S entered WWI.
He proposed the League of Nations, which the Senate never ratified.
His involvement in Treaty of Versailles elevated his world status. "We can never hide our President again as a mere domestic officer... We can never see him as the mere executive he was in the past. He must stand always at the front of affairs, and office will be as big and as influential as the man who occupies it."
Is the main reason for the United States being involved in every international conflict

Franklin D. Roosevelt (FDR)

His revolutionary ideas fundamentally changed
not only the role of the presidency but also the
role of the whole federal gov't.
He recommended and Congress passed a
series of New Deal programs - expanding the role of government
and requiring new additions to the bureaucracy.
He attempted to increase the number of seats on the Supreme Court - aka "court packing" - although plan failed.
During WWII he overpowered civil liberties in the name of national security that paved the way for relocating Japanese-Americans in internment camps.
Died a few months after being elected to his fourth term.

Cabinet Departments

The fifteen largest and most influential agencies of the federal bureaucracy (e.g., Department of State, Treasury, Justice...) Headed by Secretary or Attorney General (Department of Justice)

indepedent agencies

Agencies that exist outside the executive branch

independent regulatory commission

A government agency or commission with regulatory power whose independence is protected by Congress. Ex. The Federal Reserve

government corporation

a business owned and operated by the federal government