AP Government - Interactions Among the Branches

bicameralism

Congress has two houses (House of Representatives and the Senate)

House of Representatives

Many restrictions to proceedings because of the amount of members/ Rules on how long you can debate/ Handle Appropriation Bills, pick president in Electoral College tie, Impeachment

Senate

Few restrictions because of small size / No debate rules, allowed to filibuster / Ratify treaties, pick vice president if there is a tie, confirm presidential appointments, impeachment trial

constituency

the body of voters who elect a representative for their area

franking privilege

benefit allowing members of Congress to mail letters and other materials postage-free

incumbency advantage

advantage for simply being in office already (90% of House incumbents get reelected, 80% in the Senate)

casework

legislative work on behalf of individual constituents to solve their problems with government agencies and programs

expressed powers

powers that Congress has that are specifically listed in the Constitution. For example: Power to tax, borrow money on credit, regulate commerce with foreign nations and between states, coin money and declare war.

implied powers

powers that Congress has that are not stated explicitly in the Constitution. "Make all laws which shall be necessary and proper..."

advice and consent

terms in the Constitution describing the U.S. Senate's power to review and approve treaties and presidential appointments

impeachment

a formal document charging a public official with misconduct in office (2/3 vote of House)

legislative oversight

the power of Congress to oversee how laws are carried out, can act as a check on the bureaucracy

Speaker of the House

the leader of the majority party who serves as the presiding officer of the House of Representatives (currently Paul Ryan)

President Pro Tempore

Officer of the Senate selected by the majority party to act as chair in the absence of the vice president. Doesn't actually do much- more of a ceremonial role.

majority leader

the legislative leader selected by the majority party who helps plan party strategy, confers with other party leaders, and tries to keep members of the party in line

minority leader

the legislative leader selected by the minority party, same duties as majority leader

seniority system

a system that gives the member of the majority party with the longest uninterrupted service on a particular committee the leadership of that committee

standing committee

a permanent committee in Congress that oversees bills that deal with certain kinds of issues

Delegate Model

A form of representation that focuses on representatives acting as a direct mouthpiece for their constituents.

conference committee

a temporary joint committee set up when the House and the Senate have passed different versions of the same bill, made to resolve differences

House Rules committee

determines importance of issues by setting calendar and can set rules limiting debate time on certain issues (only in House of Representatives)

filibuster

a tactic for delaying or obstructing legislation by making long speeches (Mr. Smith!)

cloture

a procedure for terminating debate, especially filibusters, in the Senate

congressional caucus

an association of members of Congress created to advocate a political ideology or a regional or economic interest

pork barrel

appropriations made by legislative bodies for local projects that are often not needed but that are created so that local representatives can win reelection in their home districts

earmark

funds that an appropriations bill designates for a particular purpose within a state or congressional district

Trustee Model

A form of representation that focuses on the representative deciding for themselves how to act without consulting constituents

Discharge petition

a discharge petition is a means of bringing a bill out of committee and to the floor for consideration without a report from the committee and usually without cooperation of the leadership by "discharging" the committee from further consideration of a bill or resolution.

hearing

a session at which a committee listens to testimony from people interested in the bill

mark up

committee action to amend a proposed bill

logrolling

when two or more members of Congress agree in advance to support each other's bills

controllable expenditures

federal spending that is not mandated by existing legislation, so it might be adjusted by congressional action

uncontrollable expenditures

expenditures that are determined by how many eligible beneficiaries there are for a program or by previous obligations of the government, so Congress can't easily cut the money going to these programs

appointment

President's power to select people for non-eletive positions in the Executive Branch

executive agreement

an agreement between the President and the leader of another country. Does not require ratification by Congress.

executive order

a rule issued by the president that has the force of law. Used to direct the Bureaucracy about how to implement or enforce the law.

executive privilege

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

War Powers Act of 1973

requires that soldiers sent into military action overseas by the President be brought back within sixty days unless Congress approves the action

U.S. v. Nixon

determined that no person, not even the President of the United States, is completely above law and the president cannot use executive privilege as an excuse to withhold evidence that is relevant in a criminal trial

veto

the procedure established under the Constitution by which the president refuses to approve a bill or joint resolution and thus prevents its enactment into law. The president usually returns the rejected bill with a message indicating his reasons for rejecting the measure. The veto can be overridden only by a two-thirds vote in both the Senate and the House

pocket veto

The Constitution grants the president 10 days to review a measure passed by the Congress. If the president has not signed the bill after 10 days, it becomes law without his signature. However, if Congress adjourns during the 10-day period, the bill does not become law. when a president kills a bill passed during the last ten days Congress is in session by simply refusing to act on it. Such vetoes cannot be overridden because Congress is no longer is session.

line item veto

presidential power to strike, or remove, specific items from a spending bill without vetoing the entire bill; declared unconstitutional because it violates separation of powers.

signing statements

announcements made by the president when signing bills into law, often presenting the president's interpretation of the law

presidential succession

President > VP > Speaker of the House > President Pro Tempore of Senate > Secretary of State, etc.

Executive Office of the President

cluster of presidential staff agencies that help the president carry out his responsibilities.Closest to the president.

White House Office

the personal office of the president, which tends to presidential political needs and manages the media

bureaucracy

system of managing government through departments run by appointed officials

cabinet departments

the fifteen largest and most influential agencies of the federal bureaucracy

independent agency

an agency created by an act of Congress that is independent of the executive departments

government corporation

a government agency that operates like a business (USPS)

implementation

the process by which a law or policy is put into operation by the bureaucracy

regulation

using governmental authority to control or change some practice in the private sector

administrative discretion

the ability of bureaucrats to make choices concerning the best way to implement congressional intentions

iron triangle

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

standing

a legal rule stating who is authorized to start a lawsuit. Must have actually been harmed in some way.

amicus curiae

"friend of the court;" when interested groups or individuals not directly involved in a suit file legal briefs in support of one side

U.S. District Court

the court in which litigation begins; original jurisdiction cases only

U.S. Court of Appeals

hears appeals from lower federal courts and administrative agencies (12 courts)

legislative courts

courts established by Congress for specialized purposes (ex. Court of Military Appeals). Judges do not serve for life but rather for set terms.

constitutional courts

federal courts created by Congress under Article III of the Constitution. Judges serve for life and cannot have salary reduced

jurisdiction

area of authority to hear a case

federal question

a question that had to do with the Constitution, acts of Congress, or treaties; provides a basis for federal jurisdiction

original jurisdiction

where the case is first heard. This is where trials take place.

appellate jurisdiction

responsibility for taking appeals from lower courts. Most supreme court cases are appeals, though the Supreme Court has original jurisdiction over a select number of cases including conflicts between the states, and cases involving ambassadors.

terms of judges

life term until they resign, retire, die, or are removed through the impeachment process

senatorial courtesy

the practice of the President's staff consulting with the Senator from a given state before nominating a federal judge to the district court.

judicial review

to determine constitutionality of laws and interpret the Constitution, number one power of the federal court

Marbury v. Madison

established judicial review; Marbury was appointed by Adams, slip of approval not delivered by Madison when Jefferson took office

brief

a document stating the facts and points of law of a client's case

oral argument

stage in Supreme Court procedure in which attorneys for both sides appear before the Court to present their positions and answer questions posed by justices

rule of four

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

docket

a court's calendar, showing the schedule of cases it is to hear

Writ of certiorari

an order by a higher court directing a lower court to send up a case for review (issued at the agreement of 4 Supreme Court Justices)

majority opinion

a court opinion reflecting the views of the majority of the judges

dissenting opinion

a statement with the justices who disagree with the majority opinion

concurring opinion

an opinion that agrees with the court's disposition of the case but is written to express a particular judge's reasoning

stare decisis

"et the decision stand;" decisions are based on precedents from previous cases

judicial activism

when the courts take an active role in solving social, economic, and political problems. suggests that justices should use their powers broadly

judicial restraint

idea that policy changes should be left up to the states and other federal branches, argues that justices should refrain from striking down actions of the president and congress whenever possible

discretionary spending

spending category about which government planners can make choices

mandatory spending

Federal spending required by law that continues without the need for annual approvals by Congress. For example- Social

"Holds" in the Senate

An informal practice by which a senator informs his or her floor leader that he or she does not wish a particular bill or other measure to reach the floor for consideration. The majority leader need not follow the senator's wishes, but is on notice that the opposing senator may filibuster any motion to proceed to consider the measure.

unanimous consent

an agreement by every senator to the terms of debate on a given piece of legislation

committe of the whole

a legislative body which is used to speed up business on the floor by passing topics to committees. Used in the House

entitlement programs

Programs such as unemployment insurance, disability relief, or disability payments that provide benefits to all eligible citizens. A large part of mandatory spending

Shaw v. Reno (1993)

NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries. Based on 14th Amendment

Baker v. Carr

case that est. one person one vote. this decision created guidelines for drawing up congressional districts and guaranteed a more equitable system of representation to the citizens of each state. Required districts to be equal in population. Based on 14th Amendment

signing statement

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

22nd Amendment

created a 2 term limit on presidents.

Federalist paper #70

Justifies the use of a single executive

Federalist paper #78

The Judiciary is the least dangerous branch, because the nature of its functions makes it unlikely to threaten the political rights of the Constitution. The founders generally viewed the Courts as legal, not political.