AP US Government Separation of Powers and Branches of Government

Unit 2 Test AP US Government Study Guide

I. Separation of Powers & Checks and Balances

Separation of Powers

  • Definition: The separation of powers refers to the division of government responsibilities into distinct branches to prevent any one branch from exerting too much power.

  • Distinct Powers:

    • Legislative Branch: Makes laws (Congress).

    • Executive Branch: Enforces laws (President & bureaucracy).

    • Judicial Branch: Interprets laws (Supreme Court & lower courts).

Checks and Balances

  • Definition: A system that ensures that political power is not concentrated in the hands of individuals or groups.

  • Each branch has the ability to limit the powers of the other branches. The specific checks include:

    • Legislative Branch:

    • Can impeach the President and judges.

    • Can override a Presidential veto.

    • Can confirm appointments made by the President.

    • Controls the federal budget.

    • Executive Branch:

    • Can veto legislation passed by Congress.

    • Appoints federal judges.

    • Issues executive orders.

    • Negotiates treaties (requires confirmation by Senate).

    • Judicial Branch:

    • Has the power to declare laws and executive actions unconstitutional (judicial review).

  • Example of Checks and Balances in Action: If Congress passes a law, the President may veto it; however, Congress can override the veto with a two-thirds vote in both chambers.

II. The Legislative Branch (Congress)

Structure:

  • Bicameral legislature consisting of:

    • House of Representatives: Representation based on population.

    • Senate: Equal representation with 2 senators per state.

Key Powers:

  • Make laws.

  • Control Spending (known as the "power of the purse").

  • Declare war.

  • Regulate commerce.

  • Approve treaties: This power is specifically vested in the Senate.

  • Impeach and remove officials.

Interaction With Other Branches:

  • Checks on the Executive Branch (President):

    • Can override presidential vetoes.

    • Reject presidential appointments.

    • Initiate impeachment procedures against the President.

  • Checks on the Judicial Branch:

    • Confirm federal judges appointed by the President.

    • Propose constitutional amendments to counter judicial interpretations.

Congressional Behavior:

  • Influenced heavily by party leadership which guides member voting.

  • Committees play a crucial role in shaping legislation, facilitating debate, and managing legislative priorities.

III. The Executive Branch (President & Bureaucracy)

Formal Powers:

  • Commander-in-Chief of the military, responsible for overseeing military operations.

  • Veto legislation: The President can refuse to sign a bill into law.

  • Appoint federal judges, cabinet members, and ambassadors.

  • Make treaties: Requires Senate approval to be enforceable.

  • Grant pardons: The President has the authority to pardon individuals, absolving them of legal consequences.

Informal Powers:

  • Executive Orders: Directives issued by the President that manage operations of the federal government without Congressional approval.

  • Executive Agreements: International agreements made by the President not requiring Senate approval, allowing for rapid responses to issues.

  • Agenda-setting: The President influences national priorities through the State of the Union address and other public communications.

Interactions:

  • The President works collaboratively with Congress to develop legislation and control the budget.

  • Appoints judges to influence the judiciary's direction and interpretative leanings.

  • Enforces rulings made by the Supreme Court and lower courts.

Bureaucracy:

  • Definition: Composed of government agencies and departments that implement laws and regulations.

  • Role in Policy: The bureaucracy can shape policy through rule-making and discretion in the implementation of laws.

IV. The Judicial Branch (Federal Courts)

Key Functions:

  • Interpret the Constitution and laws: Courts determine the meaning and applications of laws.

  • Resolve disputes: Courts handle conflicts between states, between individuals, and between state and federal issues.

  • Judicial Review: Established by Marbury v. Madison (1803), this is the power of courts to declare legislative and executive actions unconstitutional.

Interactions:

  • Checks on Congress: Courts can declare laws unconstitutional, limiting Congress's power.

  • Checks on the Executive: Courts can strike down executive actions that violate the Constitution.

  • Dependencies: Judicial funding comes from Congress, and enforcement of court decisions depends on the executive branch.

Judicial Philosophy:

  • Originalism/Textualism: Interprets the Constitution as it was originally written.

  • Living Constitution/Pragmatism: Views the Constitution as a living document that must be understood in the context of contemporary society.

V. Key Interactions Between Branches

Lawmaking Process:

  • Procedure: Congress drafts bills, and the President can either sign or veto them. Congress holds the power to override a veto with a two-thirds majority vote in both the House and Senate.

Appointments:

  • Process: The President nominates federal judges and other officials, but these nominations must be confirmed by the Senate.

Oversight:

  • Congressional Oversight: Congress monitors the executive branch's implementation of laws through hearings, investigations, and control of the budget.

Judicial Review:

  • Courts possess the authority to invalidate laws or executive actions that contravene the Constitution, reinforcing the principle of judicial supremacy.

Impeachment:

  • Process: The House of Representatives initiates impeachment proceedings, while the Senate conducts the trial, providing a check on the misconduct of both executive and judicial branches.

VI. Important Court Cases

  • Marbury v. Madison (1803): Established the principle of judicial review.

  • United States v. Nixon (1974): Set limits on presidential executive privilege, emphasizing the rule of law.

  • Brown v. Board of Education (1954): Marked a significant intervention by the judiciary in social policy, overturning segregation.

  • Clinton v. New York (1998): Declared the line-item veto unconstitutional, reinforcing legislative authority.

VII. Important Terms and Required Readings

  • Separation of powers: The division of government into separate entities.

  • Checks and balances: System of mutual regulation among government branches.

  • Judicial review: Power to invalidate laws/executive acts.

  • Veto & veto override: President's ability to reject legislation.

  • Impeachment: Process to remove a President or federal judge from office.

  • Executive order & agreement: Presidential directives managing the federal government’s operations.

  • Congressional oversight: Congress's role in supervising the executive branch.

  • Bureaucracy: Administrative system managing government operations.

  • Filibuster & cloture: Senate procedures affecting legislative debate and decision-making.

  • Pocket veto: The President's method of preventing a bill from becoming law without explicit approval.

  • Federalist No. 70: Discusses the need for a strong executive branch.

    • Written by Alexander Hamilton, it argues for a strong, energetic, and singular executive, contrasting it with the idea of a plural executive.

    • Hamilton states that "energy in the executive is a leading character in the definition of good government," arguing that a single executive can act decisively and effectively.

    • Key qualities of an energetic executive include unity, duration in office, an adequate provision for its support, and competent powers.

    • A plural executive, according to Hamilton, would lead to dissension, delay, and a lack of accountability.

  • Federalist No. 78: Addresses the judiciary’s role and the concept of judicial review.

    • Also written by Alexander Hamilton, this paper discusses the structure and powers of the judicial branch.

    • Hamilton argues that the judiciary is the "least dangerous branch" because it has "no influence over either the sword or the purse" (i.e., no control over the military or money).

    • It asserts that the judiciary's primary role is to interpret laws, not to legislate.

    • It introduces and defends the principle of judicial review, stating that federal courts have the power to declare acts of Congress unconstitutional.

    • Hamilton argues that judicial independence, ensured by life terms (during good behavior), is essential to protect the Constitution and individual liberties against legislative excesses.

VIII. Practice Questions

  1. How does Congress check the President’s power? Provide three examples.

  2. Explain how judicial review allows the Supreme Court to influence the legislative and executive branches.

  3. Describe the role of the bureaucracy in shaping policy.

  4. Compare formal versus informal powers of the President.

  5. How do federal courts maintain independence from political influence?

Readings for Unit 2:

  • Chapter 10: Reading on Congress.

  • Chapter 11: Reading on the Presidency.

  • Chapter 12: Reading on the Bureaucracy.

  • Chapter 13: Reading on the Federal Courts.

Documents/Topics in Class:

  • The structure, powers, and functions of Congress.

  • Article I, Section 8, Clauses 11–16: Discusses Congress's powers related to war, including the ability to declare war, raise armies, and maintain a navy.

  • Article II, Section 2: Details presidential powers, including being Commander in Chief of Army and Navy.

Analysis Questions:

  1. What powers over war and the military does Congress possess?

  2. What powers does the President hold as Commander in Chief?

  3. Why might the framers have divided war powers between Congress and the President?

Federalist No. 69 (by Alexander Hamilton, 1788)

  • Argument that the President’s role as Commander in Chief is limited compared to the British King, who could declare war. Highlights the legislative power in war-related decisions.

Analysis Questions Based on Federalist No. 69:

  1. How does Hamilton compare the President’s war powers to those of the King?

  2. What role does Hamilton assign to Congress in war-making?

  3. How does this reflection prevent tyranny?

War Powers Resolution (1973) - Key Excerpts:

  • Defines the constitutional powers of the President as Commander in Chief under specific conditions:

    1. Declaration of war by Congress.

    2. Specific authorization by statute.

    3. National emergency due to an attack on the U.S.

  • Mandates consultation with Congress before military engagement.

  • Requires termination of military action after sixty calendar days without Congressional approval or a declaration of war.

Analysis Questions About the War Powers Resolution:

  1. What limitations does this law impose on presidential powers?

  2. Why do some presidents view this law as unconstitutional?

The Imperial Presidency (Arthur Schlesinger Jr., 1973):

  • Describes the shift in power towards the President, particularly in the initiation of war, that was meant to be within Congressional control.

Analysis Questions Regarding Schlesinger’s Perspective:

  1. What are Schlesinger’s concerns regarding modern presidential power?

  2. Can you cite examples since 1950 that support his assertions?

  3. How does this challenge the intent of the framers regarding balanced powers?

Readings Summary:

I cannot provide the specific, proprietary content from the Norton Illumine Ebook for We the People, Essentials Editionfor Chapters 10, 11, 12, and 13. This would violate copyright law.

However, I can provide a comprehensive academic overview of the core concepts typically covered in U.S. government textbooks for these chapters. This summary will cover the essential information about Congress, the Presidency, the Bureaucracy, and the Federal Courts.

⭐ CHAPTER 10 — CONGRESS (The Legislative Branch)

1. Structure of Congress

  • Bicameral legislature:

    • House of Representatives (population-based)

    • Senate (2 per state)

2. Differences Between House and Senate

House:

  • 2-year terms

  • More rules, more hierarchical

  • Closer to the people

  • Special power: initiates revenue bills, impeaches officials

Senate:

  • 6-year terms

  • More deliberative, fewer rules

  • Special powers: ratifies treaties, confirms appointments, tries impeachments

3. Representation

  • Delegate model: vote how constituents want

  • Trustee model: use own judgment

  • Politico model: mix of both

4. How a Bill Becomes a Law (Short Version)

  1. Introduced

  2. Committee → subcommittee

  3. Debate + vote

  4. Both chambers pass the same version

  5. President signs or vetoes

5. Congressional Committees

  • Standing committees (permanent, most important)

  • Select committees (temporary)

  • Joint committees (both chambers)

  • Conference committees (resolve bill differences)

6. Leadership

  • Speaker of the House

  • Majority/minority leaders

  • Whips

  • VP presides over Senate (but rarely there)

  • Real Senate power = Majority Leader

⭐ CHAPTER 11 — THE PRESIDENCY (Executive Branch)

1. Constitutional Powers

Expressed powers (in the Constitution):

  • Commander in chief

  • Make treaties

  • Sign/veto bills

  • Appointments (with Senate approval)

  • Pardons and reprieves

Delegated powers:

  • Congress gives authority (e.g. setting rules for agencies)

Inherent powers:

  • Claimed in emergencies (e.g. wartime powers)

2. Informal Powers

  • Executive orders

  • Executive agreements

  • Executive privilege

  • “Going public” (influencing opinion)

3. Roles of the President

  • Head of state

  • Chief executive

  • Commander in chief

  • Chief legislator

  • Party leader

4. The Cabinet & White House Staff

  • Cabinet = heads of executive departments

  • White House staff = closest advisors (much more influential nowadays)

5. The President and Congress

  • Veto threats

  • Bargaining

  • Executive orders when Congress refuses

⭐ CHAPTER 12 — THE BUREAUCRACY (Executive Agencies)

1. What is the Bureaucracy?

All the agencies and departments that implement and enforce laws.

2. Types of Agencies

  • Cabinet departments (State, Defense, etc.)

  • Independent agencies (NASA, EPA)

  • Regulatory commissions (FCC, SEC)

  • Government corporations (USPS, Amtrak)

3. Bureaucratic Roles

  • Implementation: put laws into action

  • Rulemaking: create regulations

  • Enforcement: punish violators

4. Why Is the Bureaucracy Powerful?

  • Congress passes vague laws → agencies define details

  • Experts control information

  • Have continuity (don’t change with elections)

5. How the Branches Control the Bureaucracy

President:

  • Appoints agency heads

  • Issues executive orders

Congress:

  • Controls the budget (power of the purse)

  • Oversight hearings

Courts:

  • Can declare agency actions unconstitutional

6. Iron Triangles & Issue Networks

  • Iron triangle = bureaucracy + interest groups + congressional committees

  • Issue networks = more modern, looser alliances of experts

⭐ CHAPTER 13 — THE FEDERAL COURTS (Judicial Branch)

1. Structure of the Federal Court System

  1. District courts (trial courts)

  2. Courts of appeals (circuit courts)

  3. Supreme Court

2. How Judges Are Chosen

  • President nominates

  • Senate confirms

  • Serve for life → judicial independence

3. Judicial Review

  • Power to declare laws or actions unconstitutional

  • Established by Marbury v. Madison (1803)

4. Types of Court Cases

  • Criminal (government prosecutes)

  • Civil (private disputes)

5. Supreme Court Decision Process

  • Writ of certiorari (court agrees to hear case)

  • Briefs & oral arguments

  • Conference & vote

  • Majority, concurring, dissenting opinions

6. Judicial Philosophies

  • Judicial restraint = courts should defer to elected branches

  • Judicial activism = courts should protect rights even if it means overturning laws

  • Originalism vs Living Constitution