gov unit 2

Term Definition

Article I of the Constitution Establishes the legislative branch (Congress), outlining its structure, powers, and responsibilities.

House Membership 435 members, based on state population, reapportioned every 10 years.

Senate Membership 100 members, 2 per state regardless of population.

Differences: House vs. Senate House: 435 members, 2-year terms, initiates revenue bills, more structured rules. Senate: 100 members, 6-year terms, confirms nominees/treaties, more debate flexibility.

Standing Committees Permanent committees focused on specific policy areas (e.g., agriculture, defense); bills are sent here first for review, markup, hearings, and oversight.

Select Committees Temporary committees created for a specific purpose (e.g., investigations), disbanded after their task is complete.

Joint Committees Committees with members from both House and Senate, typically for coordination or oversight (e.g., Joint Economic Committee).

Fate of Most Bills in Committee Most bills never advance beyond committee due to lack of support or time.

How a Bill Becomes a Law Introduced in House or Senate, sent to committee, debated and amended, passed by both chambers, reconciled if different versions exist, sent to President for approval or veto.

Power of the Purse Congress’s authority to control taxation, budgets, and appropriations, a key check on other branches.

Rulemaking/Quasi-Legislation/Administrative Law Congress delegates authority to agencies to create detailed regulations (administrative law) that have the force of law.

Reapportionment Changing the number of House seats per state based on census data.

Redistricting Redrawing congressional district boundaries, done by state legislatures.

Gerrymandering Drawing congressional districts in irregular shapes to favor a political party or group.

Divided Government Different parties control the White House, Senate, and/or House.

Policy Gridlock Slow or difficult passage of legislation/nominations due to divided government.

Iron Triangle Long-lasting alliance between congressional committees, interest groups, and bureaucratic agencies to influence policy.

Congressional Oversight Congress monitors and investigates executive agencies to ensure compliance with legislative intent.

Baker v. Carr (1962) Supreme Court case that banned malapportionment; established "One person, one vote" principle for equal representation.

Shaw v. Reno (1993) Supreme Court case that banned racial gerrymandering; race-conscious redistricting violates equal protection.

Trustee Model Representative votes based on their conscience, not constituents’ wishes.

Delegate Model Representative votes how constituents want, even if they disagree.

Politico Model Representative sometimes acts as a trustee, sometimes as a delegate.

The Presidency

Term Definition

Article II of the Constitution Establishes the executive branch, defining the President’s powers and duties.

Formal Powers Powers explicitly granted by the Constitution: veto, appoint officials, command military, make treaties (with Senate approval).

Faithful Execution Clause Article II requirement that the President "faithfully execute" the laws, ensuring enforcement of congressional legislation.

Appointment Process President nominates federal officials (e.g., judges, cabinet members); Senate confirms with majority vote.

Informal Powers Powers not in the Constitution but derived from practice: executive agreements, persuasion, setting national agenda.

Veto President rejects a bill and returns it to Congress with objections.

Pocket Veto President takes no action, and if Congress adjourns within 10 days, the bill dies without a formal veto.

Commander-in-Chief President heads the armed forces and directs troop movements.

Executive Agreements Agreements with foreign leaders, similar to treaties but not requiring Senate approval.

Bargaining President negotiates with Congress on appointments, budgets, and legislative goals.

Persuasion President uses influence to gain public and congressional support for their agenda.

War Powers Resolution 1973 law requiring President to notify Congress within 48 hours of military action and withdraw forces after 60 days without congressional approval.

Gulf of Tonkin Resolution 1964 resolution giving President Lyndon Johnson broad military powers in Vietnam, later repealed.

Impeachment Process House votes to impeach (simple majority), Senate holds trial (2/3 vote to convict and remove).

Causes of Increased Presidential Power Emergencies (e.g., wars), media influence, congressional delegation of authority, public expectations.

Line Item Veto Power to veto specific parts of a bill; ruled unconstitutional in 1998 (Clinton v. City of New York).

Executive Orders Directives with the force of law, used to manage bureaucracy or direct policy, no congressional approval needed.

Task of the Vice President Presides over Senate (casts tie-breaking votes), succeeds President if needed, often assigned tasks by President.

Roles of the Presidency Chief Executive, Commander-in-Chief, Chief Diplomat, Legislative Leader, Head of State, Party Leader.

Pardons President can forgive federal crimes or reduce sentences, a check on the judiciary.

Approval Ratings Public opinion polls measuring support for the President, influencing political leverage.

Nixon v. United States (1993) Supreme Court case upholding judicial independence; Congress cannot oversee judicial impeachment trials.

Communication and the Presidency

Term Definition

Bully Pulpit A position of authority allowing the President to speak on any issue.

State of the Union Nationally televised speech to Congress to promote the President’s agenda.

Signing Statements Written comments issued by the President when signing a bill, offering their interpretation.

Tension & Confrontation with Senate

Term Definition

Senate Confirmation Requirement Federal judges, cabinet secretaries, ambassadors, agency heads require Senate approval.

No Confirmation Requirement White House staff (e.g., Chief of Staff, press secretary) do not need Senate approval.

Judicial Appointments Significance Judicial nominations are a President’s longest-lasting influence.

The Bureaucracy

Term Definition

The Spoils System Pre-1883 practice of appointing loyal political supporters to government jobs, regardless of merit.

Pendleton Act of 1883 Law establishing civil service based on merit, reducing political patronage in bureaucracy.

Types of Agencies Cabinet departments (broad policy areas), independent regulatory commissions (specific industries), government corporations (e.g., USPS).

Size of Bureaucracy (National) Approximately 2.7 million civilian employees in federal government (excluding military).

Size of Bureaucracy (State Level) Varies by state, typically millions combined (e.g., teachers, police), not centrally tracked like federal level.

Difficulty in Implementing Laws Bureaucracy faces challenges like vague laws, limited resources, political opposition, and complexity of issues.

Power of Implementing Laws Agencies interpret and enforce laws through regulations, significantly shaping policy outcomes.

Administrative Discretion Bureaucrats’ authority to make decisions within broad legal guidelines, affecting how laws are applied.

Cabinet Departments Agencies with broad policy responsibility (e.g., Homeland Security, Education).

Independent Regulatory Commissions Agencies regulating specific industries (e.g., FEC, SEC).

Administrative Tasks Writing/enforcing regulations, issuing fines, testifying to Congress.

Issue Networks Looser, informal, temporary alliances compared to iron triangles.

Foundation of Judicial Powers

Term Definition

Article III Establishes the judicial branch, defining its structure and jurisdiction.

Federalist No. 78 Argues life terms for judges create an independent judiciary with judicial review; judiciary is the least dangerous branch.

Marbury v. Madison (1803) Supreme Court case establishing judicial review: Court can rule on constitutionality of laws and actions.

Judicial Decision Making

Term Definition

Judicial Activism Courts should overrule other branches when wrong and advance societal goals.

Judicial Restraint Courts should defer to elected branches whenever possible.

Foundational Documents & Court Cases

Term Definition

U.S. Constitution, Article I Establishes Congress, granting legislative powers (e.g., lawmaking, taxation, declaring war).

U.S. Constitution, Article II Establishes the executive branch, defining Presidential powers (e.g., veto, appointments, military command).

Federalist No. 70 Argues for a single, energetic executive (President) to ensure effective governance and accountability.

Shaw v. Reno (1993) Supreme Court case banning racial gerrymandering; race-conscious redistricting violates equal protection clause.

Baker v. Carr (1962) Supreme Court case banning malapportionment; established "One person, one vote" principle.

Checks on the Bureaucracy

Term Definition

Congressional Checks on Bureaucracy Oversight, power of the purse, establish/abolish agencies.

Presidential Checks on Bureaucracy Appoint/remove agency heads, issue executive orders.

Judicial Checks on Bureaucracy Rule on the constitutionality of regulations and actions.

Separation of Powers & Checks and Balances

Term Definition

Congress General Powers Make laws, power of the purse (tax, budget, appropriations), declare war.

Executive General Powers Enforce laws, propose legislation, make treaties, serve as Commander-in-Chief, grant pardons.

Congressional Checks on Executive Override veto (2/3 both houses), impeach President, refuse bills, confirm nominees (Senate only), ratify treaties (Senate only).

Congressional Checks on Judiciary Impeach judges, alter number of judges/jurisdiction, propose amendments to override decisions, pass altered laws, confirm nominees (Senate only).

Executive Checks on Congress Veto legislation, propose bills, make treaties, command military, grant pardons.

Executive Checks on Judiciary Nominate federal judges.

Judicial Checks on Congress Declare laws unconstitutional.

Judicial Checks on Executive Declare executive orders/actions unconstitutional.

Judicial General Powers Interpret laws, review decisions of state and lower federal courts.