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APUS Gov U2
Interactions Among Branches of Government
Term | Definition |
---|---|
coalitions are difficult to form - | effect of small term on House of Reps(compare: Senate) |
House of Reps - | MORE FORMAL: speak time-limited, amendment recalled, includes Speaker of House and Rules Committee |
Speaker of the house - | who controls who speaks in the house of reps |
Senate - | less centralized part of the legislative with less hierarchy and unlimited speaking hours(advise/consent presidential appointments, remove officers, approve treaties, approve diplomats/military personnel) |
rules committee - | controls killing and speed of bill being passed. |
necessary and proper clause(elastic clause) - | what created implied powers(referenced in article 1 section 8) |
implied power examples - | U.S. bank creation, call for conscription(draft), internal revenue service creation(tax collection), minimum wage creation |
article 1 section 7 - | section for congress to create and implement a budget |
article 1 section 9 - | section for congress to raise revenue |
article 1 section 8 - | enumerated powers article |
enumerated power - | powers mentioned in constitution |
make and pass legislation - | main functions of both houses of congress form article section 7 |
vice president - | ruler of the senate |
standing committees - | permanently established legislative committees that consider/pass bills within certain subject |
house rule committee - | Sets the guidelines for floor debate - debate time limit, requirements, and scheduled debates |
select committee - | temporary and timed legislative committee established for special purpose. |
joint committee - | legislative committee with both houses |
House of Representatives - | all revenue bills originated here: |
house of representative(powers) - | introduce revenue bills, impeach federal officials, select president if no one wins electoral college |
senate(powers) - | remove federal officials, sign treaties, approve presidential appointments |
Office of Management & Budget(OMB) - | government's accountant for managing budget for advancing the president's agenda(first step of making budget) |
Congressional Budget Office(CBO) - | analyzes present budget and project next year budget using mandatory and discretionary spending(second step of making budget) |
Manditory Spending - | money that must be spent on programs |
discretionary spending - | spending on government programs annually(non-essential/leftover budget) |
earmark - | budgeting bill that provide funding for particular business |
pork barrel spending - | discretionary spending with political motivation to support their constituency and other law makers |
partisanship - | person's adherence to their belief/goal |
liberal - | gov needs to intervene to manage equality of welfare |
conservative - | government should regulate less and promote freedom |
libertarian - | oppose of all government regulation except with promoting civil liberties |
gridlock - | caused by partisanship where nothing is agreed upon causing nothing to be passed in legislative branch |
Brinkmanship - | members of congress not giving up their way and waiting for opposed to compromise(causes gridlock) |
delegate model - | model representing constituent's wishes in House of Reps |
trustee model - | model where senior use their own ideas to make decisions for constituency |
political model - | blend of the trustee and delegate model usually used when public is not really involved |
Baker v. Carr - | district drawn unconstitutional due to not protecting representation rights of rural areas |
Shaw v. Reno - | minority having the upper ground in Minority v. Majority districts became unconstitutional |
"one person one vote" docterine - | Baker v. Carr created this - districts size based on population |
formal(constitutional) powers of president - | commander in chief, grant crime pardons, make treaties(foregn), fill empty seats in senate during congressional recess, executive orders |
signing statement - | informal power of president to inform congress that a bill have already been passed |
Brutus 1(concern on president power) - | "president will connect with self-interest people for their personal gain" |
senate(corruption) - | small house prevents corruption by confirming presidential appointments and confirm executive nominations(judicial) |
executive powers - | nominate cabinet seats & white house staff, nominate federal and supreme court judges |
White house staff - | loyal advisers to president & white house for functioning properly and creating foreign/domestic laws(don't need to be reviewed by senate) |
Article 3 Section 2 - | president have power to appoint court officials with "good behavior" with the approval of senate |
reduce deadlock, slowing down of disagreed bill(by congress) - | purpose of executive order |
formal powers of congress - | confirm ambassadors, declare war, ratify treaties |
informal power of president - | meet with foreign leaders, use media, bully pulpit, creating executive agreements(informal treaties) |
bully pulpit - | informing president view and pulling you to a party |
Federalist 70 - | "only elites should rule government with ONE PRESIDENT" |
22nd Amendment - | Limits the president to two terms. |
lame duck - | person in office after losing reelection bid |
precedent - | example for basis of future similar actions, reasons for prior cases' decisions for judicial check legitimacy |
transparency and narrative(spin) creation - | 2 purpose for president's using media |
Brutus 15 - | "Judges should have term limit because they lack accountability towards congress & electorate while overpowering legislature and state courts" |
Federalist 78 - | "independent judiciaries not threat because their power limited... strong Judiciary is needed for checking other branches for constitutionality... life sentence helps them reduce in political pressure" |
"writs of mandamus" - | issued by a higher court to lower courts/government to do their job in Judiciary Act of 1789 |
Marbury v. Madison - | created judicial review(way for checking other branches) due to Marbury asking for "writs of mandamus" for stalling "commission" papers(Judiciary Act laws were ignored because they were unconstitutional) |
supremacy clause - | Article 6 of Constitution making Constitution, national laws, and treaties supreme over state laws when national gov. acting within constitutional limits |
judicial review - | if (domestic/federal) law is unconstitutional, it is ignored (with supremacy clause help) |
holding - | reasoning for court decision |
binding precedent - | when president goes form high court to lower court(level of a court) |
persuasive precedent - | precedents form neighboring regions/court at same level |
stare decisis - | court should reference to precedents when making decision |
What stare decisis depend on - | material fact similarity, level of court, presence of avoiding devices |
types of law interpretation(by judiciary) - | historical(framer), textual, structural(power), doctrinal(precidents), ethical, prudential(balance cost and benefits) |
loose constructionist - | people looking at constitution broadly |
strict constructionist - | people looking at constitution exactly "what it says" |
executive privilege - | president's right to withhold ONLY military and diplomatic information |
judicial restraint - | judges strict interpret Constitution based on founders' intent(courts don't solve social, political, and economic problems) |
judicial activism - | judges interpret Constitution loosely(constitution meaning evolves) to influence social, political, and economic problems("guardian ethic") |
congress checks on judiciary - | pass law to impact court/court decision , cut/increase funding to impact policy approval, propose constitutional amendment to overrule case |
president checks on judiciary - | refuse to enforce decisions/make bureaucratic agencies refuse to enforce it, use executive order to address court decision |
cabinet department - | largest sub-unit of executive branch with largest mission |
Independent Executive Agencies - | mostly independent agencies with a narrow focus area |
independent regulatory commission - | protect public interest by enforcing policy and resolving disputes |
government corporation - | business operated by government(service) |
implementing and enforcing specific federal policies(make rules, testify in congressional hearing, details how to enforce laws, fine rule breakers) - | what bureaucracy does |
Office of personnel management (OPM) - | office in charge of hiring for most agencies of federal government |
Senior Executive Service (SES) - | Top-level(below top presidential appointees) career civil servants for managing specific agencies |
Iron triangle - | Interest focused connection of congress, bureaucracy and interest groups |
Interest groups provide electoral support while congress pass legislation and oversight - | Iron Triangle: congress and Interest groups |
congress fund and politically(legally) support bureaucracy while bureaucracy recommend specific policy choices and execute policy regulation - | Iron Triangle: bureaucracy and congress |
bureaucracy can indirectly regulate interest groups and give favors and access to interest groups while interest groups can lobby for bureaucracy - | Iron Triangle: interest group and bureaucracy |
discretionary authority - | ability for bureaucracy to regulate established rules |
congressional oversight hearing - | congress investigate/bring people to explain bureaucracy effectiveness |
appropriations - | funding by Congress for specific purpose in beurocracy |
authorization bill - | control activities bureaucracy will do by creating a spending cap |
government accountability office - | bureaucratic agency for studying federal spending |
president and bureaucracy relation - | bureaucracy follow president goals, president can use executive order or fire nonaligned bureaucrats |
Compliance Monitoring - | Bureaucratic inspect, check permit, report local business/government compliance |
congress and bureaucracy - | congress can fund, alter/regulate(passed law), approve/abolish agency,& conduct oversight hearing |
judiciary and bureaucracy - | judiciary can check bureaucracy actions(judicial review), implement due process(trial), and check if bureaucracy went over delegated authority |