Interactions Among Branches of Government: Chapters 10-13, Unit 2 Flashcards
CHAPTER 10 - THE LEGISLATIVE BRANCHES ( congress) 1-48
senate (4)
-elections concerned about national issues
-6 year terms
-elections by state (popular vote)
-100 people (2pr state)
house of representatives
-elections concern local issues
-2 year terms
-elections by district
-435 people (based on population)
constituents
residents of a congressional district or state
reapportionment
assigning of congressional seats after each census
redistricting
redrawing of congressional and other legislative district lines following a census to keep districts equal/ fair
gerrymandering
diving districts to benifit a party, group or incumbent
safe seat
an electoral district in a legislative body which is regarded as fully secure, for either a certain political party, or the incumbent representative personally or a combination of both.
incumbent
the current holder of an elected office
earmarks
special spending projects that are set aside on behalf of individual members of Congress for their constituents
enumerated powers
powers explicitly given to congress in the constitution
enumerated powers of congress (5)
-borrow/ make money
-regulate commerce
-unify the country
-declare/fund war
-create the inferior federal courts
bicameralism
principle of a two-house legislature
Powers of Congress: House(2), Senate(2)
House:
-propose legislation
-raise revenue
Senate:
-confirm presidential appointees (by majority vote)
-ratify treaties (by 2/3 vote)
party caucus (in house)
held at the beginning of a congressional term to elect the Speaker, Majority Leader, Minority Leader, and whips
The Speaker of the Hosue
the leader of the house
-presides over each session and is largely responsible for assigning representatives to committees to party positions
-ONLY IN HOUSE
Majority Leader (of the house)
assists the speaker of the house in adding majority party members to committees and scheduling legislation
Minority Leader (of the house)
leads minority party in opposing agenda of the majority party and in choosing minority party members for committees
party whips
responsible for counting votes for proposed legislation, and working with members of their party to get enough votes
-in both house and senate and for both minority and majority parties
open rule
rule in the house that permits amendments and changes to be made to a bill
closed rule
opposite of open rule,
no changes can be made to a bill
who determines if a bill will be opened or closed rule?
speaker of the house
Who is the president of the senate
the vice president
-though it is more of a formal role than active (they don’t do much)
–ONLY FOR SENATE
Majority Leader (in senate)
manages the schedule of debate and rallies party voters for party legislation, or against minority party proposals
Minority Leader (in senate)
rallies the support of minority party around legislation and acts as the spokes person
president pro tempure
acts as chair in the absence of the vice president
-normally the person who has been in the senate the longest
-ONLY FOR SENATE
committees
responsible for researching, assessing, and revising the bills introduced to congress
legislative oversight
monitoring the federal agencies and the execution of law
fillibuster
practice ONLY IN SENATE, where a senator wants to prevent a vote from happening so they keep the debate going by saying unrelated stuff
cloture
the procedure of ending debates, especially fillibusters
-need 60 votes
quorm
the minimum number you need present to pass a bill (majority present)
standing committees
handle specific policy areas, such as agriculture or finance
- and each committee is often divided into subcommittees
-in both house and senate
joint committees
responsible for legislation that overlaps policy areas
-includes members of both branches of congress
special/ select committees
handle a specific issue, such as an investigation or impeachment
-normally temporary
conference committees
iron out the differences between house and senate versions of bills
- members for both branches
committee chairs
influence the agenda of committtees
-chair is always a member of the majority party
majority party v. minority party
majority party: the party that is the same as the president
minoirty party: the party that isn’t
Ex. right now, democrats are majority and republicans are minority party
House Rules Committee
-revies all bulls before they go to the house floor
-assigns their slots on the calender
-allocates time for debates
-decides whether the bill maybe amended or not
most powerful committee
House Ways & Means Committee
-writes bulls concerning tac and other public revenue, which are subjected to approval from both houses
Senate Finance Committee
-works in conjunction with the Hosue Ways & Means Committee to write bills on tax and revenue
Appropriations Committee
-decides how money will be appointed to federal agencies
- in each branch
-largest committee in both branches
How a bill becomes a law
1) gets introduced
2)goes to the subcommittee of the appropriate standing committee
3) subcommittee conducts research, makes edits, etc
4) approved bill goes to the standing committee, which decides whether to pass it or kill it
5) bill is introduced for debate
6) If the bill is passed in both houses, it goes to the president who approves it or vetos it
discharge petition
a petition that if signed by a majority of members in the house, will be brought to the floor for consideration
-ONLY IN HOUSE
rider
a provision attached to a bill, which may or may not be related
-bill attached to another bill
- ONLY IN SENATE
pocket veto
only happens during the 10 day term when Congress isn’t in session,
when a president doesn’t do anything about a bill until congress is on recess so there’s no possibility for an override
override
reverse veto, takes 2.3 majority for house and senate
logrolling
a mutual aid and vote trading among legislatures
-“ I’ll vote for your bill if you vote for mine”
attentive public
one who follows public affairs closley
apportionment
Distribution among the states based on the population of each of the states.
incumbency effect
is the tendency of those already holding office to win reelection
seniority system
with the majority party member having the longest length of committee service chosen as chairperson.
-no longer used
CHAPTER 11 - THE EXECUTIVE BRANCH (president) (53- 87)
parliamentary system
gov in which legislature selects prime minister/ president
presidental ticket
a joint listing of the presidential and vice presidential candidates on the same ballot
-required by the 12th amendment
Commander and Cheif
president is in charge of military
Diplomat in chief/ Chief Diplomat
president is in charge of negotiations with foreign governments and leader
Administration in chief
president is the head of the executive branch
Cheif of state
president represnts out country
vesting clause
the presidents constitutional authority to control most executive functions
Executive powers (formal):
negotiations and treaties
a pubic agreement between US president and other nation leaders
- approved by 2/3 of senate
executive agreement
a formal agreement between US president and leaders of other nations that does NOT require senate approval
congressional-executive agreement
a formal agreement between US president and another nations leader that requires approval from BOTH houses of congress
Executive powers (formal):
The appointment power
president can appoint people into power
recess appointment
a presidential appointment made without senate approval during congresses recess
Executive powers (formal):
The pardon power
presidents power to pardon someone from a jail sentence
Executive powers (formal):
The veto power
the presidents power to veto (reject a bill from congress)
Executive powers (formal):
The take care power
follows take care clause… (next card)
take care clause
constitutional requirement that the president take care that the laws are carefully executed, even if they disagree with them
Executive powers (formal):
The power to inform and convene congress
presidents power to adjourn/ discontinue or bring together congress in certain circumstances
Executive powers (informal?):
executive orders
a formal order issued by the president to direct action to manage the federal government
-does not need approval from congress
formal power
given to president in the constitution (?)
informal/ inherent powers
powers that grow out of the existence of the government
Executive powers (informal):
executive privilege
the right to keep executive communication confidential
-unless when investigating a crime/ something to do with national security
Executive powers (informal):
signing statements
a document that explains why a president is signing a bill
- statements could contain objections and promises to implement key sections (?)
Impoundment of funds
a decision by the president to not spend the money appropriated to them by congress
–NO LONGER ALLOWED
Budegest Reform Act of 1974, limited this, then later federal courts got rid of it
the president must spend the money appropriated from congress without delay
Line-item veto
the power to remove specific things from a spending bill without vetoing the whole thing
-NOW UNCONSTITUTIONAL
state of the union adress
presidents annual statement to congress and the nation
chief of staff
-gate keeper to president
-gives president advice
-appointed/ fired by president ( senate has no say in this appointment)
- has the most influence on the president
The white house staff
-highest level/ most loyal to president
-chief of staff is the head of the white house office
-the president appoints the members (without senate approval)
Executive Office of the President
a cluster of the presidential staff agencies that help the president carry out their responsibilities
-ex. includes: omb, cea, etc
Office of Management & Budget (OMB)
a presidential staff agency that serves as a clearing house for budgetary requests and management improvements for gov agencies
-helps president with budget
the cabinet
the advisory council for the president
-heads of the executive departments and a few other appointed people by the present (who are confirmed by congress)
Executive Powers (informal):
power of persuasion
-use public approval to lobby Congress for action
presidential support score
the percentage of times a president wins on key votes in congress
rally point/ tallying event
a rise in public approval of the president following a crisis
- ex. after 9/11
Fed 70.
Alexander Hamilton argues the need for a strong executive leader
War Powers Act of 1973
president can only declare war when..
-congress approves
-or an emergency (but they must get approval within 60 days)
CHAPTER 12 - THE BUREAUCRACY (89-124)
The federal bureaucracy
the some total of all executive agencies and personal
Bureaucracy
a form of organization that operates through personal uniform riles and procedures
bureaucrat
a career government employ
-they arnt elected
-impersonal
red tape
strict rules and regulations so that a procedure takes longer than necessary
… this is the case for firing bureaucrats
Department (cabnits)
-largest organization with largest missions
-highest ranking in federal hierarchy
Independent executive agencies
a government entity that is independent of the executive branch and departments
Independent regulatory commission
a government agency with regulatory power whose dependence is protected by congress
-ex. fec, fcc
government corporations
government agencies that operate a business corporation
-ex. US postal service
presidential appointee
are appointed by the president, some with senate approval, some without
senior executive service
a flexible mobile care of senior career executives who worked closely with president appointees to manage the gov(?)
the civil service
federal employees who work for gov through a competitive not political selection process (?)
senior executives
members of the civil service (?)
The spoils system
a system using political favoritism, that gave jobs to the bureaucracy based on the applicants loyalty to the political party in power
patronage
practice where political parties that win reward their campaign workers and supporter with government positions
Merit System
-replaced spoils system
bureaucrats hired based on qualifications, not patronage
Pendleton Act of 1883
- jobs given without favoritism
-all people in the federal gov need to complete the civil service exam
Office of Personal Management (OMP)
an agency that administers civil service rules and regulations
Merit System Protection Board
independent agency that oversees and protects merit in the federal government personal system
The Hatch Act
a federal statute barring federal employes from active participation in certain kinds of politics and protecting them from being fired on partisan grounds
-bureaucrats have to be non-partisan (not in cleat support of one party over the other)
Freedom of Information Act (FOIA)
provides public access to all federal agency records..
..except the records protected by the 9 exemptions of 3 exclusions (don’t know what those are tho)
Privacy Act
protects records about indeviduals retrieved by personal identification
implementation
the process of putting laws into practice through bureaucratic rules or spending
administrative discretion
the authority given by congress to federal bureaucracy to use reasonable judgment when implementing laws
rule
precise statement on how law is implemented
“Federal Register”
the official daily publication of the federal bureaucracy
includes: proposed rules, executive orders, etc.
uncontrollable spending
portion of federal budget spent on preciously enacted programs
ex. social security
entitlement programs
programs that provide benefits to eligible citizens
oversight
legislative or executive review of a particular government program or organization
-can be a response to a crisis to just part of routine review
central clearance
OMB’s review of all executive branch testimony reports and draft legislation
Distributive policy
provides benefits to ALL grouos
Redistributive policy
provides benefits to ONE group, but at the expense of another
Reverse distributive policy
eliminates benefits to all groups
iron triangles
Alliances that develop between bureaucratic agencies, interest groups, and congressional committees or subcommittees. Because of a common goal, these alliances may work to help each other achieve their goals, with Congress and the president often deferring to their influence.
22nd amendment
president only has a max of two terms
25th amendemnt
in case of presidents resignation or death, vice president become president
issue networks
an alliance of various interest groups and individuals who unite to regularly discuss and advocate public policies.
Unlike iron triangles, issue networks continually form and disband according to the policy issues.
Examples of Executive Departments:
Transportation
Promotes mass transit programs and programs for highways, railroads, and air traffic; enforces maritime law.
Examples of Executive Departments:
Education
Administers federal aid programs to schools; engages in educational research.
Examples of Executive Departments:
Veterans Affairs
Promotes the welfare of veterans of the armed forces.
Examples of Executive Departments:
Homeland Security
Prevents terrorist attacks within the United States, reduces America’s susceptibility to terrorism, and minimizes damage and helps recovery from attacks that do occur
CHAPTER 13 - THE JUDICIARY BRANCH (128-
judicial review
the power of a court to refuse to enforce a law/ government regulation because they belive it is unconstitutional
criminal law
law that defines crimes against public order
-if you break the law
Qualities of Criminal Law (3)
-in trial, a person’s liberty is at stake
-criminal defendants are provided an attorney by the government
–generally have the right to a trial
civil law
a branch of law that regulates the non-criminal rights, duties of a person, and equal legal relations between private individuals
-things like suing someone
Qualities of Civil Law (3)
-penalties are mainly monetary (money/ fines)
-no right to a government-provided attorney
-no constitutional right to a jury
defendant
person/ party accused of the offense
plantiff
person who brings up the case against someone else (prosecutor)
- only in civil cases
prosecutor
person who brings up the case against someone else
-only in criminal cases
plea bargain
an agreement between the prosecutor and defendant, where the defendant will plead guilty to a lesser offense to avoid having to stay in the trail and gave a worse punishment
impartial
doesn’t have an opinion on something
Advisory System
judicial system where the court is neutral and where two parties argue their differences
-U.S courts
justiciable dispute
a dispute involving a real issue that can be settled by a court
jurisdiction
having authority over something
Three LEvels of Federal Courts:
1) District Courts
hear the original trials
-94 district courts
-have original jurisdiction
-US attorney in each state serves as the governments lawyer when needed
(only goes to the next court if someone appeals the courts decision)
Three Levels of Federal Courts:
2) Circut Courts or Court of Appeals
only can review the process that district courts used to make their decision (don’t have the facts but can evaluate the decision)
-13 courts of appeals
-reviews the cases appealed from district courts
-have appellate jurisdiction
The Levels of Federal Courts:
3) Supreme Court
makes the final decision
- selects which cases to hear
-has both original and appellate jurisdiction
Original: in cases between two states, federal gov and a state or state and a foreign country
Appellate: mainly has this jurisdiction, ans its determined by congress
solicitor general
third-ranking member of the Department of Justice and represents the US in cases before the supreme court
public defender system
people accused of crimes have the right to an attorney if they cant afford one
- from Gideon v. Wainwright
Original Jurisdiction
authority of the court to be the first to hear a case
Appellate Jurisdiction
the authority to review decisions made in the lower courts
court of appeals
court with appellate jurisdiction
precedent
decided a case that it is a base for determining future laws concerning a same/ similar issue
litigant
person involve in the lawsuit (civil?)
How do judges get hired*?
appointed by presidents, approved by the senate
What is the main factor presidents look at when appointing judges?
if they would rule the way the president wants them to
-same party/ ideology as the president
senatorial courtesy
senators in the states in a district have a significant influence on appointing judges
-what the confirmation of district judges is based on
Judicial Philosophies:
1) Judicial Restraint
stay out of as many political issues as possible
-opposite of judicial activism
Judicial Philosophies:
2) Judicial Activism
use their power as much as possible
-opposite of judicial restraint
Judicial Philosophies:
3) Loose Construction
interpretation by underlying meanings/ principals in the constitution
-opposite of strict construction
Judicial Philosophies:
4) Strict Construction
interpretation from exact words in the constitution
-opposite of loose construction
Judicial Philosophies:
5) Originalism
interpret the Constitution as it was originally made
-based on the framer’s intent
-opposite of living constitution
Judicial Philosophies:
6) Living Constitution
the constitution should evolve and change with society
-opposite of Originalism
writ of certiorari
used to bring a case before the supreme court
rule of four
requires 4 judges to hear a case
“in forma paupers”
a petition that allows a party to file “ as a pauper” to avoid paying court fees
docket
a list of potentioal cases for the Supreme court to hear
“amicus curiae”
- literally means “friend of the court”
brief filed by an individual or organization outside of the court to present arguments in addition to the parties
opinion of the court
the final decision/ ruling
-majority opinion
dissenting opinion
disagrees with a ruling
-minority opinion
concurring opinion
agrees with the ruling of the supreme court, but disagrees with the reasoning
Who writes the majority opinion?
if the majority wins: chief justice gets to pick who writes the majority opinion
if the minority wins: the most senior member gets to pick who writes the opinion
How the president checks/ limits the court
- chooses and appoints judges
-chooses whether or not to enforce the courts rulinmg
How congress checks/ limits the court
-confirms judges (senate)
- impeaches/ removes supreme court justices
-can change the number of judges “packing the court”
How the public checks/ limits the court
-fear of losing legitimacy
if legitimacy is lost, other branches will ignore the courts and they will lose their power
-opinion in realigning eras may energize courts
-Interest groups can check by lobbying, funding, or using the media
legitimacy
credibility (kinda)
Supreme court decisions can be undone by.. (4)
- revising legislation
-amending the constitution
-altering jurisdiction
-restricting court rulings
“stare decisis”
-literally means “let the decision stand”
-judges are obligated to respect precedents established by prior decisions
Formal powers of the president
Informal powers of the president
