American Government Stories of a Nation For the AP Course Unit 2 

Unit 2: The Branches of the Federal Government 

• The US government is broken up into three branches. The legislative, executive, and judicial branch. The legislative branch is made up by Congress. The executive is the President, members of his cabinet, and multiple bureaucracies. The judicial branch is made up of the numerous local and state courts. The highest court is the Supreme Court.  

Chapter 4: The Congress

• The Constitution divides the legislative branch into two chambers: The House of Representatives and the Senate
• They both represent the voters who sent them. Each state gets 2 Senate members while the House is based on population 

Secret Invitation to the Map Room 

• In 2011, Wisconsin Republican legislators held meetings in the "map room" without any Democrats. They held this meeting to try and gain an advantage and hopefully gain more votes by redrawing the counties of Wisconsin. This caused Republicans to gain more seats than the Democrats. This also happened in 16 other Republican states. 6 Democratic states also did this and saw the same results. There was a case sent to the Supreme Court over this redrawing, but nothing was done about it 

4.1 The Constitution and Congress

• Article I of the Constitution describes the powers of Congress. This is the longest and most detailed article. 
• The framers made Congress have two chambers so that there were checks within the legislature. This makes sure the legislative branch didn't get too powerful 
• Both the House and Senate make laws, but they have different roles 
• House members are directly voted by the people. They are meant to be close to the people and their wishes. House members are elected every 2 years. A House member must be at least 25 years old, be a resident of the state they are representing, and be a US citizen for at least 7 years. 
• The Senate adds stability to the legislative branch. Senators hold office for 6 years, but they are staggered so the only 1/3 of the house is voted on. This makes it so that the Senate is never empty. 
• Senators must be at least 30 years old, be a resident of the state they are representing, and must be a US citizen for at least 9 years. 
• Originally, state legislatures elected senators. The 17th Amendment changed this to a direct popular vote
• The Constitution does not limit the number of terms a representative or senator can serve 
• The most important power Congress has is the ability to pass laws across the nation. There are many enumerated powers listed in the Constitution under Article I, Section 8. 
• Congress also sets the federal budget, making it have a large role in policymaking. If they don't like how the money is going to be spent, they don't have to give the money 
• Pork barrel spending is often criticized for putting the needs of one over the needs of many 
• Earmarks are the allocation of money to specific projects in states or congressional districts. They are popular with those who receive them 
• Congress uses oversight to make sure laws are implemented in the way they intended 
• Congress has the power to determine how many justices are on the Supreme Court. Congress can also approve or disprove the presidential candidates for the Supreme Court 
• Congress has the power to remove federal officials. The House can issue articles of impeachment but the Senate runs the trial 
• Andrew Johnson and Bill Clinton have been impeached. Richard Nixon resigned before his case reached a House vote  

4.2 Politics of Congressional Elections 

• The districts that can vote are messy and often changing because the Constitution is not specific on how it should be run. Local, state, and national elections are also run differently depending on the state
• The Senate has a total of 100 members, two from each state. Both seats will not be empty at the same time. The Senate represents the states 
• The House of Representatives has 435 members. The amount of members per state is based on population. The process of determining this number is called apportionment 
• After each census, redistricting occurs. When a person uses redistricting to benefit their party, it is called gerrymandering 
• Gerrymandering is named after Elbridge Gerry. A massachusetts governor how complained about the odd shapes of the districts 
• Partisan gerrymandering helps one party and puts the other at a great disadvantage by increasing the representation of one party in that district 
• Districts are also changing because many people are moving to areas with likeminded people 
• Racial and ethnic gerrymandering has also occurred 
• The drawing of district boundaries was generally up to the states. 
• When a candidate is up for reelection, they are teh incumbent. Incumbents usually win their elections because they have many advantages over first time candidates 
• It is easier for a House member to get reelected than it is a Senator 
• Experience matters because people like comfort. They like knowing exactly what they are going to get from a candidate
• Money also matters because it buys advertising and allows for campaign events    

4.3 The Organization of Congress

• The Constitution does not describe the day to day duties of Congress 
• The formal structure of Congress tends to revolve around the role of political parties and their leaders
• The majority party has the most members while the minority party has the second highest 
• The House has 435 members and has a more formal structure than the Senate. House members have less individual power. The Speaker of the House holds a large amount of power and is elected every 2 years. More often than not, the Speaker is usually from the majority party. The Speaker of the House is second in line if the President dies. The House majority leader is second in command. The whip collects information about how individual members are planning to vote. The House minority leader works to coordinate minority party activity. Minority leaders also have their own whips 
• The official leader of the Senate is the Vice President, but they can only cast votes if there is a tie 
• If the Vice President cannot make it, the president pro tempore watches over the chamber 
• The most powerful person in the Senate is the Senate majority leader who is chosen from the majority party. Individual senators do hold power. 
• Congress has created many committees and subcommittees to carry out the workload 
• Committee membership is determined by party leaders. It will usually be a ratio of party members in each chamber 
• Committee chairs have strong influence over committee processes. House committees tend to have more members than Senate committees. Republicans also made it so that parties elect who is seated and that there is a limit of terms on committee chairs 
• There are four types of committees: standing, joint, conference, and select 
• Standing committees get the most work done. They are permanent and divided by poly area. Standing committees are broken into subcommittees which specialize in certain areas 
• Joint committees contain members of both chambers. The get public attention on issues, gather information for Congress, or help party leaders speed up things 
• Conference committees are temporary joint committees. They resolve differences between the House's and Senate's version of a bill. 
• Select or special committees are temporary bodies that are called upon to investigate an issue
• Norms are unwritten expectation on how members are supposed to act. This includes being respectful toward colleagues, accepting help from others, and to assist the overall level of information in Congress

4.4 "I'm Just a Bill" 

• The first step in creating a bill is introducing it in either the House or the Senate. Only members of Congress can introduce a bill, but a President can encourage members to focus on a certain topic. 
• For a bill to become law, it must pass through the House and the Senate. 
• Most bills do not become law because it is very difficult to get both chambers to agree 
• Congressional committees usually stop most bills from becoming law. Committees make changes to the bill that might not get passed in either chamber 
• Committees can also reject bills
• Once a bill has made it out of the committee, it is sent to the House and the Senate
• The House Rules Committee decides when a bill will be subject to debate, how long the debate will last, and whether amendments will be allowed 
• Individual Senators have a stronger ability to effect the outcome than House members 
• A Senator who does not like the bill can place it on hold, delaying the whole process
• A hold request does not have to be honored, but it indicates the possibility of a filibuster. A filibuster allows a Senator to talk on and on because the Senate allows for unlimited debate. Filibusters also delay a bill getting passed. 
• A successful vote requires 60 Senators to say yes 
• The terms of a bill must be agreed on by both sides of Congress. The chambers will negotiate their differences. If the differences are small, they might pass the bill anyways. If the differences are large, the bill will go through the process of reconciliation 
• The bill is then sent to the President. The President can either sign the bill into law, veto the bill and send it back to Congress, or do nothing to the bill. If the President does not visit the bill within 10 days of it being sent, the bill automatically becomes law. Ignoring the bill is called inaction 

4.5 Congress and the Budget

• The Budget and Accounting Act of 1921 has established the basis of federal budgeting 
• The Office of Management and Budget assists the president in setting spending priorities 
• The federal government's fiscal year begins in October. The president is expected to submit the budget to Congress by February 
• Entitlement programs give benefits to anyone who qualifies for them. This can include Social Security and Medicare 
• Mandatory spending is money that has to be spent 
• Discretionary spending is money that Congress or the President says you have to spend for certain things at certain times 
• Congress gives the outlines for how federal money should be spent 
• The federal government gets this money by taxing its citizens 
• The 16th Amendment caused income tax 
• Federal taxation policies determine the amount of money the federal government takes to pay for the fiscal policies 
• Budget surplus is when the government takes more money than it spends 
• Budget deficit is when they don't take enough, causing them to borrow some more money 
• National debt continues to grow 
• Because people have larger income and have been living longer, teh amount the federal government spends on Social Security has increased 

4.6 Challenges of Representation

• Voters want their representation to have an impact in Washington 
• Passing laws in Congress is a very difficult task 
• Congress considers how voters will react to both passing or not passing the law 
• They also focus on their own reputation, will they lose too many voters if they vote one way 
• The president can also influence representatives to vote one way 
• The delegate role tries to carry out their constituent's wishes 
• Trustees make decisions using their knowledge and judgment. Many voters will rely on the judgment of the member in policymaking 
• Political role reminds everyone that Congress is a pilicitized body, therefore its members must balance their own opinion with what the people want 
• Elections are the main way people can influence the actions of the elected representatives 
• Recently, members of Congress are more likely to stick with their own party than the agree with the other side. This makes bipartisanship very difficult 
• Members of Congress tend to be older, whiter, wealthier, and more educated than most Americans 
• Although Congress has become more diverse, women, lower income Americans, racial and ethnic minorities, union members, certain religious faiths, and LGBTQ+ members remain highly unrepresented  

Chapter 4 Vocab 

Pork barrel spending- legislation that directs specific funds to projects within districts or states

Logrolling- trading of votes on legislation by members of Congress to get their earmarks passed into legislation 

Oversight- efforts by Congress to ensure that executive branch agencies, bureaus, and cabinet departments, as well as their officials, are acting legally and in accordance with congressional goals 

Constituency- a body of voters in a given area who elect a representative or senator 

Apportionment- the process of determining the number of representatives for each state using census data 

Redistricting- states' redrawing of boundaries of electoral districts following each census 

Gerrymandering- the intentional use of redistricting to benefit a specific interest of group of voters

Partisan gerrymandering- drawing of district boundaries into strange shapes to benefit a political party 

Majority minority district- a district in which voters of a minority ethnicity constitute an electoral majority within that electoral district 

Malapportionment- the uneven distribution of the population among legislative districts 

Incumbency- being already in office as opposed to running for the first time 

Incumbency advantage- institutional advantage held by those already in office who are trying to fend of challengers in an election 

Speaker of the House- the leader of the House of Representatives, chosen by an election of its members

Political action committee (PAC)- an organization that raises money for candidates and campaigns 

House majority leader- the person who is in the second in command of the House of Representatives 

Whip- a member of Congress, chosen by his or her party members, whose job is to ensure party unity and discipline 

Minority leader- the head of the party with the second-highest number of seats in Congress, chosen by the party's members 

Senate majority leader- the person who has the most power in the Senate and is the head of the party with the most seats 

Committee chair- leader of congressional committee who has authority over the committee's agenda 

Discharge petition- a motion filled by a member of Congress to move a bill out of committee and onto the floor of the House of Representatives for a vote 

House Rules Committee- a powerful committee that determines when a bill will be subject to debate and vote on the House floor, how long the debate will last, and whether amendments will be allowed on the floor 

Committee of the Whole- consists of all members of the House and meets in the House chamber but is governed by different rules, making it easier to consider complex and controversial legislation 

Hold- a delay placed on legislation by a senator who objects to a bill 

Unanimous consent agreement- an agreement in the Senate that sets terms for consideration of a bill 

Filibuster- a tactic through which an individual senator may use the right of unlimited debate to delay a motion of postpone action on a piece of legislation 

Cloture- a procedure through which senators can end debate on a bill and proceed to action, provided 60 senators agree to it 

Veto- the power of a president to reject a bill passed by Congress, sending it back to the originating branch with objections 

Office of Management and Budget (OMB)- the executive branch office that assists the president in setting national spending priorities 

Entitlement program- a program that provides benefits for those who qualify under the law, regardless of income 

Mandatory spending- spending required by existing laws that is "locked in" the budget

Discretionary spending- spending for programs and policies at the discretion of Congress and the president 

Budget surplus- the amount of money remaining when the government takes in more than it spends

Budget deficit- the shortfall when a government takes in less money that it spends

National debt- the total amount of money owed by the federal government 

Delegate role- the idea that the main duty of a member of Congress is to carry out constituents' wishes 

Trustee role- the idea that members of Congress should act as trustees, making decisions based on their knowledge and judgment 

Politico role- representation where members of Congress balance their choices with the interests of their constituents and parties in making decisions 

Bipartisanship- agreement between the parties to work together in Congress to pass legislation 

Gridlock- a slowdown of halt in Congress's ability to legislate and overcome divisions, especially those based on partisanship 

Divided government- control of teh presidency and one or both chambers of Congress split between the two majority parties 

Lame duck period- period at teh end of a presidential term when Congress may block presidential initiatives and nominees 

Chapter 5: The American Presidency 

• The President must work with the other branches in order to get anything done 
• When the majority of the members of Congress are not from the President's party, it makes it difficult to get thigns done 

5.1 Presidential Power and the War on Terror 

• On September 11, 2001, Al Qaeda hijacked four US planes. Two of these planes flew into the twin towers, one hit the Pentagon, and the other crashed into a Pennsylvania field. Following 9/11, George W. Bush issued a series of executive orders in response to the national security crisis. 
• In 2011, under President Obama, he also issued executive actions to target suspected terrorist. However, during this time, many innocent Middle Eastern Americans were targeted based on their ethnicity 
• The Authorization for Use of Military Force Act of 2001 allows a president to use military force against terrorists 

5.2 The Constitution and the American Presidency 

• The framers made it so that the executive branch was powerful enough to lead, but not strong enough to become a tyrant 
• The President is not elected by a popular vote. Instead, electors from each state choose the president
• Delegates serve a 4 year term. The 22nd Amendment limits the number of terms to 2. This was added after FDR ran the country for 4 terms
• The president must be a natural born US citizen, be at least 35 years old, and must be a US resident for at least 14 years. The Constitution does not prohibit women from becoming president, but the thought never crossed the framers minds since women usually were not involved in politics 
• In Federalist No. 70, Hamilton discuss the issues that could come if the executive gets too much power. But makes the case that it is easier for the public to call out one individual than multiple. Meaning they could easily remove the executive if he gets corrupted with power 
• Formal powers are powers that are explicitly written in the Constitution
• Informal powers are not written, but are necessary to carry out the formal powers 
• The president has 5 keys roles: chief executive, chief diplomat, commander in chief, legislative leader, and party leader 
• The President carries out the laws of the nation and oversees large and complex systems of agencies and bureaucracies 
• The president's cabinet is made up of 15 major departments, the vice president, and any other heads of agencies the president wishes 
• The Senate confirms cabinet heads  
• The president can use budget money as a reward or punishment for an agency 
• The president is responsible for US foreign policy and interacting with the leaders of other nations 
• The president can make treaties, appoint ambassadors, and receive other countries ambassadors (with the Senate's approval) 
• The president has a limited and mostly negative role in the legislative process 
• In the State of the Union Address, the president tells Congress of their legislative agenda. More importantly, however, they are informing the nation and try to gain the support on the American people 
• The president can veto bills, but this veto can be overridden by Congress. Most of the time bills are reworded so that the president approves of them
• The president is commander in chief of the army and navy 
• The president carries the plans and codes fo launch nuclear missiles 
• Congress has the power to declare war 
• The president can order a presidential pardon, which excuses individuals of federal crimes 
• Presidents have often tried to use executive privilege to shield information from Congress, the judiciary, and the public 
• Presidents can sign executive agreements with foreign nations. Although these agreements are not binding, they can still shape foreign policy 
• Signing statements have increased as more recent laws have been passed 
• Executive orders are issued under congressional authorization and contain information on how Congress should implement a law or policy 

5.3 Limits on Presidential Power 

• To limit the power of the president, specific powers were granted to the other two branches
• The president cannot get much done without the approval of Congress and their help 
• Under the War Powers Resolution a president can introduce armed forces into conflict if there is 1) a declaration of war from Congress 2) specific statutory authorization from Congress 3) a national emergency created by an attack on the US 
• Many presidents feel that this resolution puts too much restriction on their powers as commander in chief 
• The House passes articles of impeachment while the Senate holds the impeachment trial. The chief justice of the Supreme Court will preside over the trial. Two thirds vote is necessary to convict and remove a president from office. 
• The Supreme Court checks the executive branch by overturning executive actions by calling them unconstitutional 

5.4 The Modern Presidency in Context 

• Most lower level bureaucrats keep their jobs after a president has come and gone 
• Congress and the public strongly influence presidential decision making 
• The vice president is very weak based off the writing of the Constitution 
• Originally, the person with the second most votes became Vice President. The 12th Amendment changed it so that the Electoral College casts separate votes for the President and Vice President 
• Based on teh Constitution, the Vice President has two jobs: president of the Senate and becoming president if something were to happen to the current President. 
• Although the Vice President is in charge of the Senate, they do not vote unless the Senate reaches a tie. The Vice President rarely attendings any Senate meetings and instead sends the president pro tempore 
• The Vice President can become president if the president dies, is impaired, resigins, or is impeached 
• The 25th Amendment sets the rules for succession. It also lays out the rules for who fills in for the Vice President when they become president.
• Gerald Ford became the Vice President in 1973 after Agnew resigned. He would then become president when Nixon resigned 
• Vice Presidents usually have little impact on the nations policy, but recently they have been given a larger role in White House deliberations 
• The First Spouse does not have an official role, but acts as an advisor to the president. They are also an important link between the president and the people 
• There are four main features of the modern presidency (according to Greenstine): 1) the president now regularly initiates legislation 2) many unilateral powers have been delegated to the presidency by Congress 3) the president has the focus of public attention 4) there is a large staff working directly for the president 
• The people who work directly for the president work in teh Executive Office of the President. They include the Office of Management and Budget, the National Security Council, and the Council of Economic Advisors 
• The White House press secretary acts as the president's spokesperson to the media and conducts daily press briefings 
• Presidents are expected to negotiate with the opposing party and not take support from their own party for granted 
• Bargaining and persuasion is often used to deal with Congress 
• Public opinion can expand or constrain a president's power 
• Modern communication allows the president to connect with the people even more 
• Presidential approval usually declines over time and the people start to blame everything that goes wrong on them 

5.5 The War on Terror and Presidential Power 

• Even during times of war, the president is not allowed to violate the Constitution 
• The power of the American presidency is not easily defined or traced 

Chapter 5 Vocab 

• Executive branch- the branch of government charged with putting the nation's laws into effect 
• Formal or enumerated powers- powers expressly granted in the Constitution 
• Informal powers- powers not laid out in the Constitution but used to carry out presidential duties 
• Treaty- an agreement with a foreign government negotiated by the president and requiring a two thirds vote in the Senate to ratify 
• State of the Union Address- the annual speech from the president to Congress updating that branch on teh state of national affairs 
• Veto- formal rejection by the president of a bill that has passed both houses of Congress
• Pocket veto- an informal veto caused when the president chooses not to sign a bill within ten days, during a time when Congress has adjourned at the end of a session 
• Presidential pardon- presidential authority to release individuals convicted of a crime from legal consequences and set aside punishment for a crime
• Executive privilege- a right claimed by presidents to keep certain conversations, records, and transcripts confidential from outside scrutiny, especially that of Congress
• Executive agreement- an agreement between a president and another nation that does not have the same durability in the American system as a treaty but does not require Senate ratification
• Signing statement- written comments issued by presidents while signing a bill into law that usually consist of political statements or reasons for signing the bill but that may also include a president's interpretation of the law itself 
• Executive order- policy directives issued by presidents that do not require congressional approval 
• War Powers Resolution- a law passed over President Nixon's veto that restricts the power of the president to maintain troops in combat for more than sixty days without congressional approval 
• Impeachment- the process of removing a president from office, with articles of impeachment issued by a majority vote in teh House of Representatives, followed by a trial in the Senate, with two thirds vote necessary to convict and remove 
• Executive Office of the President (EOP)- a collection of offices within the White House organization designed mainly to provide information to the president
• Bargaining and persuasion- an informal tool used by the president to persuade members of Congress to support his or her policy initiatives 
• Bully pulpit- presidential appeals to the public to pressure other branches of government to support his or her policies 
• Going public- a tactic through which presidents reach out directly to the American people with the hope that the people will, in turn, put pressure upon their representatives and senators to press for a president's policy goals

Chapter 6: The Federal Judiciary 

• The judicial branch interprets and applies the laws of the nation 
• The Supreme Court is the "head" of the judicial branch 
• Judges are not elected, rather the president nominates them. They serve for life 

6.1 Judicial Independence from Money and Politics 

• Federal judges are appointed but state judges are elected
• Because there is an election, money is being spent on judges campaigning 
• Judges need to be fair and exclude their own beliefs or political standings 

6.2 The Constitution and teh Federal Judiciary 

• Only the Supreme Court is described in teh Constitution. The establishment of state courts was left to Congress
• The Constitution also describes the federal courts authority to decide specific cases. Courts can have original or appellate jurisdiction 
• Anti Federalists feared a strong federal judiciary would infringe on state and individual rights 
• Hamilton argued that the judiciary would not be involved in politics, only with upholding the law 
• The chief justice is the only justice mentioned in the Constitution. Congress decides the number of judges on the Supreme Court. As of 1869, there have been 9 justices 
• The Constitution does not list any qualifications to become a federal judge 

6.3 John Marshall and the Power of the Supreme Court 

• During the election of 1800, incumbent president John Adams, who was a Federalist, ran against the Republican Thomas Jefferson 
• Thomas Jefferson and Aaron Burr were tied with teh same amount of votes. No one knew who won the Presidency and who would become Vice President. In the end, Alexander Hamilton cast the vote to win Jefferson teh Presidency 
• The 12th Amendment made it so that votes for the Vice President were separate from the votes of the President 
• The House of Representatives would cast the deciding vote if there was no clear majority. The last time this happened was in 1824
• The Judiciary Act of 1801 increased the number of federal judges 
• The Adams administration tried to mess with Jefferson by appointing judges right before Jefferson was about to take office. Some of teh judges did not receive their commissions and filed a suit against James Madison 
• John Marshall was a Federalist who worked to strengthen the national government and the judicial branch 
• Marshall decided three things in the Marbury v Madison case. 1) The men were entitled to their commissions because the president signed them and therefore they were a formal act 2) Individuals who find themselves wronged have a right to go to the law to fix things 3) Marbury and the others were not the writs of mandamus 
• This case gave the Supreme Court the power of judicial review 
• Judicial review allows the Supreme Court to expand its interpretation of the Constitution 
• The Supreme Court is equal to the other two branches. The Constitution is above everything else 

6.4 Organization of the Federal Judiciary 

• The national and state levels have their own system of courts 
• The are separate state judiciaries in each of the fifty states 
• Criminal law focuses on actions that harm a community. The state of federal government acts as a prosecutor who tries to prove that the defendant is guilty. Some crimes are legal in some states and illegal in others. States can also vary on the severity of punishment, including fine, imprisonment, and the death penalty 
• Civil law deals with private rights. Usually an individual will feel life they have been wronged because the defendant broke some type of agreement 
• State courts handle most of the cases in teh United States    
• Most federal district courts are the ones who have original jurisdiction 
• District court boundaries do not cross state lines 
• There are 13 levels of federal court of appeals. These courts only deal with appeal cases 
• The Supreme Court is the highest court in the United States. It can resolve cases between the states, different interpretations of a lower court's law, and can have original jurisdiction on some cases 
• Since 1869, there have been nine total judges. One chief justice and eight associate judges 
• The Supreme Court often takes cases where there are differences in interpretation of a law 
• Supreme Court decisions are precedent 
• The Supreme Court requests briefs from both sides that lay out their full arguments. There is then an oral argument where each side gets half an hour to present their cases. Justices can interrupt and question the lawyers. There is then a judicial conference where the justices meet and vote in secret. This process can take months and justices can often change their vote. The Court will issue its decision based on what side as the majority opinion  
• Cameras are not allowed in teh court, but there is an official sketch and audio recording 

6.5 Judicial Review, Constitutional Interpretation, and Judicial Decision Making 

• Justices are only removable through impeachment, resignation, or death 
• People who believe in judicial restraint think that the Supreme Court should not use judicial review often. Instead, they should look to the judgment of the other two branches. They believe this stops unelected justices from overturning the actions of elected representatives. They should also sparingly declare a law unconstitutional 
• Those who like judicial activism believe justices should overturn laws whenever they feel it is necessary. They feel the court will protect minority rights 
• Congress can write legislation that modifies the impact of a Supreme Court decision 
• The Court has no tools for implementing public policy and must rely on the other branches to do so 

Chapter 6 Vocab 

Federal judiciary- the branch of the federal government that interprets the laws of the nation 

Supreme Court- the highest level of the federal judiciary, which was established in Article III of the Constitution and serves as teh highest court in the nation

Original jurisdiction- the authority of a court ot act as teh first court to hear a case, which includes the finding of facts in the case 

Appellate jurisdiction- teh authority of a court to hear and review decisions made by lower courts in that system 

Federalist No. 78- argument by Alexander Hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties but would serve as a check on the other two branches 

Marbury v Madison (1803)- a Supreme Court decision that established judicial review over federal laws

Judicial review- the authority of the Supreme Court to strike down a law of executive action if it conflicts with the Constitution 

Criminal law- a category of law covering actions determined to harm the community 

Civil law- a category of law covering cases involving private rights and relationships between individuals and groups 

Federal district courts- the lowest level of the federal judiciary; these courts usually have original jurisdiction in cases that start at the federal level 

Federal courts of appeals- the middle level of the federal judiciary; these courts review and hear appeals from the federal district courts

Precedent- a judicial decision that guides future courts in handling similar cases

Stare decisis- the practice of letting a previous legal decision stand

Majority opinion- binding Supreme Court opinions, which serve as precedent for future cases

Concurring opinion- an opinion that agrees with the majority decision, offering different or additional reasoning, that does not serve as precedent

Dissenting opinion- an opinion that disagrees with the majority opinion and does not serve as precedent  

Judicial restraint- a philosophy of constitutional interpretation that justices should be cautious in overturning laws

Judicial activism- a philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies

Chapter 7: The Federal Bureaucracy 

• A bureaucracy is an organization designed to carry out specific tasks 
• Federal bureaucracies are departments and agencies within the executive branch that carry out the laws of the nation 
• Sometimes, Americans think the bureaucracy is too powerful and at other times they think it is too weak

The Summer of Disastrous Hurricanes 

• Hurricane Harvey hit Texas very hard because of the amount of rain
• Luckily, many were able to escape because they had lots of warning time 
• The Federal Emergency Management Agency also gave Texas lots of supplies 
• Hurricane Irma had strong winds that caused many in Florida to lose power 
• Puerto Rico, a United States territory, was struck by Hurricane Maria. It was difficult to help the Puerto Ricans because they are on an island 

7.1 How the Bureaucracy Is Organized 

• Americans have contact with the bureaucracy in their professional and personal lives 
• For example, time zones and Daylight Savings Time is set by bureaucracies 
• The federal bureaucracy regulates much of the nation's economy and private life
• The federal bureaucracy has grown over the years
• The basis for bureaucracy is laid out in Article II
• The heads of departments are referred to as secretaries. These secretaries form the President's cabinet
• The President nominates the secretaries and Congress must approve of them 
• Jefferson was teh first Secretary of State. He dealt with foreign nations, publishing laws, and overseeing the hiring of civil officers
• The Department of War (later Department of Defense) oversaw the military 
• Hamilton was the Secretary of the Treasury and tried to expand the nation's economy 
• Washington's attorney general (who was later the head of the Department of Justice) was a legal advisor to Washington and the other cabinet members 
• Andrew Jackson gave people jobs because of their support rather than merit. This is called political patronage. It makes the administration impartial and heavily biased 
• The merit system tests the qualifications of an applicant rather than their political standings 

7.2 The Structure of the Modern Federal Bureaucracy 

• When the people feel like a bureaucracy has failed, they often blame the president 
• There are typically 15 cabinet departments 
• Congress establishes the funds for each department as well as their goals
• The newest is the Department of Homeland Security which formed after 9/11
• The authority of federal bureaucracy is shaped like a pyramid. The most important people, like cabinet secretaries, are at the top.
• Secretaries do not stay for long 
• Senior Executive Service are individuals who stick around longer and use their authority to get work done
• Most of the people work at the General Service level
• The iron triangle is made up of Congress, the bureaucracy, and interest groups. They work together to form public policy
• Issue networks allow for easy communication

7.3 The Bureaucracy and Policymaking

• The bureaucracy is the institution that is responsible for implementing policy 
• One of the most difficult parts of policymaking is determining teh problem because there are many ways to look at an issue
• The policy agenda is the set of issues on which policymakers focus their attention on 
• Implementation is the main function of the bureaucracy 
• Technical knowledge helps to successfully implement public policy 
• Street level bureaucrats include teachers, law enforcement officers, and social workers 
• Bureaucrats have some power to decide how a law is implemented 
• Regulation is when the bureaucracy fills in important details for the laws 
• The bureaucracy can also settle disputes between parties that arise over implementation 
• Bureaucrats can act as representatives of teh American Public 
• Federal employees are restricted form engaging in political campaigns 
• Evaluation determines if a policy is achieving its stated objectives 
• Policies can be terminated by Congress

7.4 Checks on the Bureaucracy 

• Agencies are more likely to follow the targets of regulation rather than what they are supposed to be doing 
• Authority over teh bureaucracy is spread over the three branches, meaning the bureaus have to answer to more than one overseer 
• The President controls most of the federal bureaucracy. They can appoint and remove individuals who are at the top level. They can also shape priorities in the budget 
• Presidents have restrictions on the day-to-day aspect of the bureaucracies 
• Congress is able to control and guide the bureaucracies 
• The Senate confirms higher levels of federal service 
• Legislation shapes behavior by setting goals, priorities, and structure 
• Congress oversees the departments by conducting hearings and requiring information from the agencies 
• The judiciary can also have an impact because their decisions can restrict and constrain the scope of accepted action 
• Most Americans are not well informed about the day to day workings of the bureaucracy because the media does not often cover it 

Chapter 7 Vocab: 

Federal bureaucracy- the departments and agencies within the executive branch that carry out the laws of the nation 

Bureaucrat- an official employed within a government bureaucracy 

Political patronage- filling of administrative positions as a reward for support, rather than solely on merit 

Pendleton Act- an act of Congress that created teh first United States draw up and enforce rules on hiring, promotion, and tenure of office within the civil service (also known as Civil Service Reform Act of 1883) 

Federal civil service- the merit based bureaucracy, excluding the armed forces and political appointments 

Merit system- a system of hiring and promotion based on competitive testing results, education, and other qualifications rather than political and personal connections

Iron triangle- coordinated and mutually beneficial activities of the bureaucracy, Congress, and interest groups to achieve shared policy goals

Issue network- webs of influence between interest groups, policymakers, and policy advocates

Implementation- the bureaucracy's role in putting into action the laws that Congress has passed

Bureaucratic discretion- the power to decide how a law is implemented and to decide what Congress meant when it passed a law

Regulation- the process through which the federal bureaucracy makes rules that have the force of law, to carry out the laws passed by Congress

Bureaucratic adjudication- when the federal bureaucracy settles disputes between parties that arise over the implementation of federal laws or determines which individuals or groups are covered under a regulation program