Unit #2 Interaction Among Branches

Agenda: An organization of topics from most to least important in a political environment. The political agenda is focused by many different people of different statuses, ranging from congressmen to the President. 

Advice and consent: The power of Advice and Consent is a right given to the Senate that allows them to overlook and ratify different things proposed by the president. This power provides another check on the power of the President by allowing the Senate to refuse various proposals by the President in case of corrupt or unjust behaviors and motivations.

Appointments: When a government official administers a role or position in someone they deem to be worthy. This allows for the President to receive support and advice from a professional in areas that they may not be as well educated in.  

Apportionment: The amount of house seats each state receives. Every 10 years a census is taken to reapportion seats. There are 435 seats and they are determined by congress.  

Appropriation: With the authorization of Congress, an agency will be granted payment that is taken out of the federal budget and government fund. Without the permission of Congress to regulate and administer the money in the federal budget the agencies requesting for money will not receive any money.  

Bicameral legislature: Two House legislatures, representation of the states (House of representation) and the Senate. There were controversial topics regarding how states should be represented equally based on population size (small and large states). In solution the Great compromise was established in which a two house legislature was established; the House of Representation is a number decided based on population and every state has two senators. This allows equal representation regardless of how big or small the state is. 

Bipartisanship: Parties work together to pass legislation. Bipartisanship usually occurs for a law to be passed, since a bill must be voted by a majority of two different houses, as well as by the president therefore laws must be drafted with the benefit of all people in mind. 

Bully pulpit: Presidents use this to appeal to the public to pressure other branches of government to support their policies. The ability to spread their views, opinions, and ideas widely across every state in the Country. 

Cabinet: Appointed by the President, as a group of people given positions that are meant to help advise and instruct the President. This is because when a President is elected they are not expected to be well versed in every topic relating to their duties.  

Chief executive: The Chief Executive is in charge of enforcement; Laws, Treaties, and court decisions.  The  President appoints officials to office and can fire them. The name Chief Executive comes from the literal name that the President is the Chief of the Executive Branch. 

Commander-in-chief: The commander in Chief is another name for the President.  The President is head of the Armed forces. In charge of commanding these institutions in order to complete a task given by Congress or prepare them for possible war declared by Congress.                   

Committee of the Whole: A committee of the whole is a less formal committee that allows for the members present at the committee to participate in informal debate about proposed legislation. This is helpful because it is informal so it allows for debate to occur without the necessity of verdict. 

Constituents: A person represented by an official that they had elected. An example of this is when an official is elected into the House of Representatives, and those who voted for them are the constituents. Representatives can take advice from their constituents so that they are more likely to get voted again.  

Cloture :  A successful vote that requires 3/5ths of a Senators (60) can shut the debate (Filibuster) allowing the Senate to move on to a vote. 

Conference committee: Called between both the House of Representatives and the Senate in order to discuss any discrepancies between the two legislative agencies. A compromise must be made in order to create one final cohesive bill to be passed to the President for signing, or the bill will not be passed and the process of its passing will end. 

Deficit: A term used to describe a condition of the federal budget and our government’s spending. It specifically refers to the spending and funding provided by the government.  

Delegate: Emphasized that the main duty of members of Congress is to carry out their constituents wishes. They need to do what they are told to do by their party. 

Discretionary spending: Spending of government funds approved by both the President and Congress. Discretionary spending will mainly benefit programs like education, transportation, and housing. Making it both necessary and an important contribution to how America functions and runs.  

Discharge petition: A motion filed by a member of COngress to move a bill out of committee and onto the floor of the House of Representatives for a vote. In the House of Representatives a member may file this to free a bill from an unfriendly committee and move it to the House floor for a vote if a majority of representatives agree. 

Divided government: Occurs when control of the presidency and one or both chambers of congress is split between democrat or republican party.   

Defense: Measures taken by the government to protect its citizens, territory, and interests from threats including military aggression. An example of defense is our military and national security.                        

Enlightenment programs: Provides benefits to those who qualify for them by law, regardless of income. For example, social security and medicare. 

Executive Office of the President: Also known as EOP, which contains the President's closest advisors. A collection of offices within the White House organization. Designed mainly to provide information to the president. 

Executive orders: Policy directives issued by presidents that do not require congressional approval.                          

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. Their details are often kept a secret from the public and congress for reasons of national security. 

Education spending: Federal spending designated to just education in the United States. This includes salaries of teachers, food at schools, maintenance of schools, supplies, and other necessary funds that are required at public schools. 

Federalist Paper #70: Hamilton argues that an energetic single executive will protect against foreign attacks, provide for the administration of laws, protect liberty, and property. Arguing the power of the president shouldn’t be misused and that there only be one executive because having more than one decreases the ability to make strong, decisive action and having multiple could weaken the Nation. He points out that having one is easier for the public to keep watch over. 

Filibuster: If a law is coming to a vote people have a say. If someone has a problem with the law they can talk about the bill for people to not vote for it. This allows people to block bills. It is important to have filibusters because there are different political parties and this allows the two parties to discuss their different views. 

Federal budget: The amount of money delegated by Congress that goes into funding various programs in the United states. For example the federal budget could be used for education and homes. The federal budget constantly uses amounts of money that surpass the limit of the federal budget putting the United States into extreme debt. 

Formal power of the President: Powers stated in the Constitution that the President is granted through the executive branch. These powers grant the president the power necessary to fulfill the main functions of the executive branch enforcing the laws of the country.

Gerrymandering: It is the legal way to redistrict so that certain areas in districts have a chance of winning a political party. State legislatures usually redraw the lines. Not every state does this (California does not do this).      

Gridlock: Congress’s ability to legislate is slowed or stopped by its inability to overcome divisions, especially those based on partisanship.      

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 lasts and whether amendments will be allowed on the floor. Chosen by the speaker.  

Hold: A delay placed on legislation by a senator who objects to a bill. Whether or not a hold is granted or declined it is all up to the majority leader of the Senate to decide. A hold is not a formal practice.

Infrastructure: The framework and building blocks that make up the government as a whole. Faculties and agencies paid for by the federal government make up a lot of the country’s infrastructure like roads that are necessary for society.   

Informal power of the President: Powers that the president has but are not stated in the constitution. The ability to interpret a bill passed by Congress in their statement is one informal power that the president holds.

Logrolling: Trading of votes on legislation by members of congress to get their earmarks passed into legislation.  

Lame duck: Lame duck period is at the end of a presidential term when congress may block presidential initiatives and nominees.  

Malapportionment: The uneven distribution of the population among legislative districts. Unconstitutional, breaks the 14th amendment, equal protection clause. 

Mandatory spending: Spending by the federal government that is required by law. This is typically in reference to entitlement programs like social security, medicare, and other beneficial programs that are provided for U.S citizens.    

Majority leader: The majority leader is the appointed representative for that party in the house of Congress. The majority leader depends on which party has the majority of the seats in that representative agency. If democrats had the majority of seats, there would be one representative from the democratic party who would be elected to represent them as the majority leader. 

Minority leader: The head of the party with the second highest number of seats in congress. Chosen by the party’s members. Far less influence in the House than the speaker, but works to coordinate minority party activity.   

Minority party: The minority party is the political party with the least amount of seats in the House of Congress. The minority party does not hold that much influence compared to the majority party due to the fact that there are less seats held by the minority party. The leader of the Minority party is the minority leader.

Majority party: The majority party is the political party with the most seats being held in the House of Congress. The majority party holds more power and influence compared to the minority party. The leader of the majority party is the majority leader.     

Medicare: A federally funded medical program that provides medical care and assistance to those over the age of sixty five. Those with illnesses and disabilities are also qualified for medicare, though medicare is mainly for the elderly.

Medicaid: A federally funded medical program that provides medical funding assistance to those who have a low income or for those who struggle financially and cannot afford medical assistance. Medicaid is provided for children, pregnant women, the elderly, and those with disabilities.                              

Oversight: Authority to ensure that laws are implemented in the way that congress intended or to investigate the president/members of the executive branch for wrong doing.    

Pardon: A presidential pardon is the presidential authority to release individuals convicted of a crime from legal consequences and set aside punishment for a crime.   

Pocket veto: When a president does not sign a piece of Legislation within ten days, during a period when Congress has adjourned at the end of a session.   

Politico: Emphasizes that congress is a politicized body, and its members must balance their choices with the interests of constituents and their political party.   

Pork barreling/earmarks: Legislation that directs specific funds to projects within districts or states. The allocation of money to specific projects to states or congressional districts. This is only popular with those who receive them otherwise it is controversial and many have criticized them as putting the needs of a few beneficiaries ahead of the needs of the nation as a whole.                 

Power of the purse: Congress has influence and power due to their management of the federal budget and spending of federal funds. If there was an agency that Congress disagreed with, they have the power of the purse to refuse to fund them or if Congress agreed with an agency they have the power of the purse to give them those funds. 

Partisan voting: Constituents and members of the American government to align their voting with the political party that they associate with. Extreme partisan voting can be a downfall to the United States, because if the members of a political party vote for a representative in their party just because they are the same political party it would not benefit the country or their constituents. 

Polarization: When a country and its government reflects a separated body due to factions or political parties. Our country is considered to be very polarized because of the debate and dislikes between Republicans and Democrats without even trying to rationalize with each other.  

Enumerated powers of Congress: Powers given specifically and exclusively to Congress. Enumerated powers are stated in the first article of the constitution, which is the article that talks about the roles, powers, and rights of Congress in relation to the government. An example of Enumerated powers of congress is the power to declare war.                  

Redistricting: States redrawing of boundaries based on the population in certain areas of a state. Electoral districts following each census which is a test taken every ten years. Not all states redistrict like California does not redistrict but some do this in order to make sure that larger cities do not overpower smaller cities with less population.   

Revenue bills: A bill proposed mainly by the House of Representatives that discusses how the federal government will raise money for funding its various programs. An example of revenue bills is taxing citizens.                             

signing statements: A signing statement is released by the President. It is an issue released near the time of the release and signing of a law. They explain how the president will enforce the law once it is passed and the interpretations of the law are in the eyes of the president.  

Speaker of the House: The leader of the house of representatives chosen by an election of its members. The only house leadership position described in the Constitution wields a considerable amount of power. 

State of the Union address: The annual speech from the president to congress updating that branch on the state of national affairs speaks live on television before congress. Members of the supreme court military, and the entire nation.    

Social Security: Social security is a number given to citizens of the United States for numerous reasons. Benefits of having social security is that it will provide citizens a retirement fund and benefits after the age of sixty five. Social Security can also be used to identify a person because everyone is given a unique number.   

Trustee: Idea that members of COngress should act as trustees, making decisions based on their knowledge and judgment. Voters rely on the judgment of the member in policymaking. 

Unanimous consent: An agreement in the Senate that sets the terms for consideration of a bill. The majority leader or floor manager usually proposes unanimous consent.  

Veto: The power of a president to reject a bill passed by congress sending it back to the originating branch with objections. A bill could also become a law if the president does not sign it within 10 days while congress is in session. Bills that are VETOED can still become a law if 2⁄3 's of both chambers (House and Senate) vote to override the President’s VETO, however, common. 

Vice President: The Vice president assumes the office of the presidency should be a serving president vacating the office due to death, infirmity, resignation, or impeachment. 

22nd Amendment: States that a President is not permitted to run for more than two terms in office. This rule which has been honored by Theodore Roosevelt was started by George Washington after he resigned from office after his second term but it was made into an Amendment after FDR had broken the rule during World War II and served a total of four years.  

Article III: “Constitutional” Courts, federal courts. Article III gives Congress the power to create inferior courts as necessary. These judges hold life terms, are appointed by the president approved by the senate. Congress created district courts and court of appeals/circuit courts. 

Appellate jurisdiction: The courts power to review and hear appeals from lower courts. Appeal your case to a higher court to be heard and checked again. Middle level of federal judiciary. Those courts review and hear appeals from the federal district courts.  

appellate/circuit courts: The courts are for cases that have been heard before already. There are 12 “circuits”, cannot move circuit districts. There are 179 judges. Cases tried by a panel of 3 judges. Hears appeals from district courts. 

Bureaucracy: The federal bureaucracy is composed of all the agencies, departments, offices, and bureaus in the executive branch. They write and enforce legislation and can issue fines as well.  An example of a bureaucracy is the TSA because they are people who help the president execute, implement, and enforce policy in the airport to guarantee people's safety. 

bureaucratic inertia: Refers to the tendency of an organization or bureaucracy to resist change and maintain established procedures and practices. 

bureaucratic discretion: Authority granted to bureaucrats and administrative officials to make decisions and exercise judgment within the framework of established policies and regulations. This discretion allows them to interpret rules and adapt their application to specific situations.

civil law: Covers cases involving private rights and relationships between individuals and groups. The plaintiff is the party who argues that she or he has been wronged. The defendant is the party accused of violating a person's rights; breaking an agreement. 

civil service system: Framework for managing government employees, where individuals are appointed based on merit, typically through competitive examinations, rather than political connections or patronage. This system enures that civil servants are selected for their qualification and abilities, allowing for a more professional, reliable, and stable administrative body that can effectively carry out government functions. 

criminal law: Covers actions that harm the community such as committing an act of violence against another person. In criminal cases the state or federal government acts as the prosecutors and tries to prove the guilt of the defendant. 

Congressional oversight: The power of Congress to check the activities of the executive branch of government. Review, monitoring, and supervision of bureaucratic agencies. Investigations and committee hearings of bureaucratic activity, for example post watergate, 9/11, and the olympics.  

compliance monitoring: The process of ensuring that organizations adhere to established policies, procedures, and regulatoru requirments in their daily operations. This envolves both manual and automated systems to identify and compliance risks and verify that staff are following necessary controls. Helps protect organizational integrity and financial risks associated with non-compliance. 

discretionary power: Bureaucratic agencies use discretionary power as delegated by congress. Power to decide how a law is implemented and at times what congress actually means.  

district courts: Trial courts that have jurisdiction over specific cases within designated judicial districts. In the US, each federal district court operates within a particular state or region, handling a variety of civil and criminal cases, including those involving federal law. These courts serve as the entry point for most legal disputes, where cases are heard and decided before any potential appeals are made to the higher courts. 

Department of Homeland Security: Established in response to 9/11. The primary mission of protecting the nation from various threats. It consolidates numerous national security functions that were previously spread across multiple agencies, focusing on areas such as border security, emergency response, cybersecurity, and disaster management.  

Department of Veterans Affairs: Responsible for administering programs and policies that support military veterans and their families. Provides a wide range of services including health case, education assistance, disability compensation, aiming at improving the quality of life for veterans. Established to ensure that those who have served in the military recieve benefits and the support that they deserve.  

Department of Transportation: Responsible for coordinating and implementing national transportation policies and programs. Established in 1966, to oversee various modes of transportation including, highways, aviation, railroads, and public transit, aiming to ensure safe, efficient, and accessible transportation to American citizens. This department plays a key role in enhancing the life for Americans and supports the nation’s economic growth through effective transportation infrastructure.  

Department of Education: Responsible for promoting student achievement and ensuring equal access to education in the US. Established in 1979, enforces educational laws, and provides fundings to schools and educational institutions to enhance educational opportunities.  

Environmental Protection Agency (EPA): An indpendent agency of the United States government, established on December 2, 1970, to coordinate and enforce national environmental protection efforts. Their primary mission is to safeguard human health and the environment by enforcing pollution standards and addressing significant health risks related to environmental factors. EPA was created in response to the need of a unified approach to the environmental regulation. 

Federal Elections Commission (FEC): Independent agency created in 1975 to administer and enforce federal campaign finance laws in the US. Its primary responsibilities include overseeing the disclosure of campaign finance information, enforcining limits on campaign contribution, and ensuring compliance with the Federal Election Capaign Act. FEC plays a crucial role in maintaining integrity of the electoral process by promoting transparency and accountability in political fundraising and spending.  

Federalist Paper #78: Alexander Hamilton argues that an independent judiciary is necessary for protecting the constitution and individuals rights against the potential abuses by the legislative and executive branch again. Independent judiciary is needed in order to prevent tyranny by requiring each branch of government to be accountable to others. Emphasizes the need for an independent judiciary as it is the least dangerous branch. In order for this branch to succeed it must remain distinct from the legislative and executive branch.  

federal bureaucratic agencies: Agencies specialzed governmental entities responsible for implementing and administering specific laws, policies, and programs at the national level in the US> These agencies operate within the executive branch and cover a wide range of areas, including education, health, transportation, and environmental protection, helping to ensure the effective functioning of government operations. Play a vital role in shaping public policy and deliverying services to citizens.  

Iron triangles: Everyone involved has a connection that they do not want broken. For example, tobacco farmers can give electoral support for a party in congress who is willing to support tobacco farming. In return congress will have bureaucracy give special favors to the tobacco farmers. The iron triangle kept tobacco alive with government fundings. However, this type of bureaucracy doesn’t exist anymore because it was controversial. 

Implementation: Bureaucracies role in putting into action the laws that congress has passed.  

issue networks: Webs of influence between interest groups, policymakers, and policy advocates.  

Judicial review: A power that the judicial branch holds to ensure that other branches stay within their constitutional limits. The authority of the supreme court to strike down a law or executive action if it conflicts with the constitution.  

judicial appointment: The process by which judges are selected to serve on the bench in various courts, including federal and state levels. In the US, federal judges are nominated by the President and confirmed by the Senate, a process designed to ensure a balance of power and accountability. Aiming to appoint qualified individuals who uphold the rule of law and protect the rights of citizens while maintaining judicial independence from political influences. 

judicial activism: A philosophy of constitutional interpretation that justices should wield the power of judicial review. Sometimes, creating new bold policies. Judicial review allows the courts to overturn current constitutional and case precedent or invalidate legislative or executive acts. Examples include Roe v Wade (1973) and US v Lopez (1995).

judicial implementation: Process through which court decisions and rulings are put into effect and enforced within the legal system. This phase involves various actors, including government agencies, law enforcement, and other institutions, that are responsible for ensuring compliance with judicial mandates. Essential for upholding the rule of law and ensuring that court rulings have a meaningful impact on society, particularly in areas such as civil rights and social justice. 

judicial restraint: A philosophy of constitutional interperation that justices should be cautious in overturning laws. They point to the damages of going against majority rule and the potential undemocratic consequences. Judicial review should be constrained to decisions that adhere to current constitutional and case precedent. Defer to congress and the states whenever possible. Example of judicial restraint is the affordable care act cases - Dobbs case. 

Jurisdiction: Legal authority of a court or other governmental body to make decisions and enforce laws within a specific geographic area or over particular types of cases. 

judicial independence: Ideological changes in the composition of the Supreme court due to Presidential appointments have led to the court’s establishing new or rejecting existing precedents. The court can deliver controversial or unpopular decisions, which in turn can lead to debate about the court’s power.  

liberal construction: Legal interpretive approach that emphasizes a broad and flexible understanding and statutes, regulations, or constitutional provisions. This method seeks to uphold the spirit and intent behind the law, allowing for a more expansive interpretation that can adapt to changing circumstances and societal needs. Aiming to promote justice and protect individual rights, particularly in cases involving civil liberties.  

life term: Refers to a system in which elected officials or leaders hold their positions for life, either through constitutional provisions or by means by indefinite appointment. This form of governance can lead to stability and continuity in leadership but there are often concerns about accountability, democratic processes, and the potential for authoritarianism.

Marbury v Madison (1803): A supreme court decision that established judicial review over federal laws. On March 2, 1801 John Adams nominated 23 district courts near the end of his presidency. One of the nominees was Marbury. After Adams presidency Marbury didnt get the job role because Madison refused to deliver it to him. Marbury then wanted to sue the court for this. The judiciary act of 1789 was struck down because it was unconstitutional to sue the court. This case helped establish judicial review making sure cases were constitutional. 

Merit system: A system of hiring and promotion based on competitive testing results, education, and other qualifications rather than politics and personal connections.  

original jurisdiction: First court to see and hear the case. Courts with original jurisdiction have the power to evaluate evidence, assess witnesses, and make initial rulings on legal matters. This type of jurisdiction is exercised by trial courts and is significant in ensuring that disputes are resolved at the foundational level of the judicial system  

Political patronage/the spoils system: Filling of administrative positions as a reward for support, rather than solely on merit. 

Political questions: A way the supreme court can deny a case. The Supreme court can say that congress should deal with the decision of the case. 

Precedent: Supreme court decisions set a precedent. A precedent is a judicial precedent that acts as a basis for deciding similar cases in the future. Individual justice may be more or less likely to grant cert if there is a perceived likelihood that the outcome might be a precedent that the justice desires.  

Regulations: Process through which the federal bureaucracy makes rules. 

rule of four: A supreme court practice that allows four justices to grant a writ of certiorari, which is a formal request to review a case from a lower court. This rule is significant because it ensures that a minority may not initially support it, thereby providing an avenue for important legal issues to be addressed. This rule helps maintain the Court’s role in interpreting the law and protecting individual rights by allowing for a broader range of cases to be considered. 

rule making authority: Refers to the power granted to governmental agencies to create, amend, or repeal regulation that have the force of law. This authority allows agencies to establish detailed rules and procedures necessary for the implementation and enforcement of broader legislative statutes. Through rule making authority agencies can address specific issues, clarify ambiguities in laws, and adapt regulations to changing circumstances, thereby ensuring effective governance and compliance. 

Securities and Exchange Commission (SEC): US government agency established to regulate securities markets and protect investors. Established by the Securities Exchange Act of 1934, their primary functions include overseeing securities exchanges, brokers, and dealers, as well as enforcing laws against market manipulation and fraud, such as insider trading. SEC plays a crucial role in maintaining investor confidence and the integrity of the financial markets. 

Stare decisis: “Set and Stone decision” The supreme court may avoid creating a precedent by allowing a previous decision to stand. 

strict construction (original intent): A judicial philosophy that interprets legal texts, particularly the Constitution, based on the original meaning and intent of the framers at the times of its creation. Advocates of strict construction argue that the constitution should be understood literally, limiting judicial interpretation to the text as it was originally written. Aims to preserve the framers’ intentions and prevent judges from inferring  

Standing: The injured party. The party being directly involved and affected in the situation may challenge a law or government action. One cannot challenge a law simply because one does not happen to like it.