Knowt
unit two review: interactions among branches of government
overview
Because power is widely distributed and checks prevent one branch from usurping powers from the others, institutional actors are in the position where they must both compete and cooperate in order to govern.
The three key institutions of the federal government are Congress, the presidency, and the courts. The bureaucracy, which implements policy, is seen by some as an extension of the executive branch and by others as, in effect, a fourth branch of government because of the discretion it can exercise in carrying out policy directives.
essential questions
How do the branches of the national government compete and cooperate in order to govern?
● To what extent have changes in the powers of each branch affected how responsive and accountable the national government is in the 21st century?
congressional structure and functions
Big Idea #1: The republican ideal in the U.S. is manifested in the structure and operation of the legislative branch.
Powers of Congress | |
|---|---|
Enumerated Powers | Specific powers granted to congress |
Implied Powers | Powers derived from enumerated powers and the necessary and proper clause. These powers are not stated specifically but are considered to be reasonably implied through the exercise of the delegated powers |
Where in the Constitution are the enumerated powers of Congress found? | Article 1, section 8 |
Where in the Constitution are the implied powers of Congress found? | Article 1, section 8, clause 18 |
List the ECONOMIC powers of Congress. | Taxation, coinage of money, regulation of commerce |
List the MILITARY powers of Congress | Authority to provide for national defense |
Explain why the Necessary and Proper Clause is used for addressing social and environmental issues. | Because it is broadly interpreted, it allows the government to do almost anything that is not prohibited by the Constitution |
House of Representatives | Senate | |
|---|---|---|
Describe and explain how each differ constitutionally in the policy-making process (what powers does one hold that the other does not?) | -Initiate revenue bills-Impeachment power | -Advise and Consent power (Presidential appointment confirmations)-Ratify treaties-Hold impeachment trial |
By design, the different structures, powers, and functions of the U.S. Senate and House of Representatives affect the policy-making process.
Though both chambers rely on committees to conduct hearings and debate bills under consideration, different constitutional responsibilities of the House and Senate affect the policy-making process.
Senate confirmation is an important check on appointment powers, but the president’s longest lasting influence lies in life-tenured judicial appointments.
Chamber-specific procedures, rules, and roles impact the policy-making process.
Congressional Spending Categories
Discretionary spending: A spending category through which governments can spend through an appropriations bill
Mandatory spending: Those areas of the federal budget that must be enacted each year by law and are not dependent on annual review by committees of Congress.
congressional behavior and government efficacy
divided government: The political condition in which different political parties control the White House and Congress
partisan: Strong allegiance to one's own political party, often leading to unwillingness to compromise with members of the opposing party.
bi-partisan: Two political parties working together to reach a common goal
non-partisan: Not affiliated with a political party
voting behavior and government action on electoral policy
gerrymandering: When districts have been drawn to the advantage of the dominant party in power in the legislature
redistricting: The redrawing of congressional and other legislative district lines following the census, to accommodate population shifts and keep districts as equal as possible in population
powers and functions of the presidency
Big Idea #2: The presidency has been enhanced beyond its expressed constitutional powers
FORMAL POWERS | Define | Explain how the president would use to implement policy. |
|---|---|---|
Veto | The power of one branch of the government to refuse approval of measures proposed by another | Usually the threat alone of a veto can be used to deter congressional legislation the president does not agree with |
Pocket-Veto | Occurs when the president does not sign a bill into law within 10 days of arriving on his desk AND if Congress has officially adjourned (but not simply recessed) | Could be an instance where the president does not want to be publically on record for vetoing a piece of legislation but doesn’t want it to become law either |
Treaties | A formal agreement between two countries on a topic | If a president wants a long-lasting agreement with another country, he or she would attempt to get a treaty ratified by the U.S. Senate |
Commander-in-Chief | Role of the president to serve as head of the armed forces | The president’s power as Commander-in-Chief gives wide latitude to the range of options a President has in military policy |
INFORMAL POWERS | Define | Explain how the president would use to implement policy. |
|---|---|---|
Executive Orders | Directive issued by the president to one or more agency or organization within the executive branch. This is an inherent power of the president that allows him or her to, as the Constitution directs, "take care that the laws be faithfully executed" (Article 2, Section 3) | If a president can not get legislation he supports passed, an executive order is a way around this |
Executive Agreements | Agreement made by the President of the United States and another foreign head of the state that does not require a formal treaty and is not subject to Senate approval. This is and inherent power of the president in conducting foreign relations | If a treaty is not possible for political reasons, presidents might find an executive agreement to be a reasonable substitute for getting a foreign policy aim accomplished |
Bargaining & Persuasion | The ability of the president to use the power of the office in order to get members of Congress to agree with him or her on legislative priorities | Presidents have a wide variety of political tools they can employ for bargaining purposes with members of Congress |
Signing Statements | An addition issued by the President that accompanies the signing of a law. These are often controversial because their legal status remains uncertain | A way for presidents to clarify legislation in order to best suit how a President wants that legislation to be interpreted |
communication, technology, and the presidency
Explain how each has changed the president’s relationship with the national constituency. | Explain how each has changed the president’s relationship with the other government branches. | |
|---|---|---|
Modern technology (TV, radio, internet) | Allows for presidents to communicate policy initiatives in a variety of ways through mass media in order to reach a wider audience | Other branches are at a disadvantage in that the President as one person can more easily articulate his policy positions as opposed to the other branches with have multiple members |
Social media | Much quicker way to convey policy initiatives (modern example is President Trump with Twitter) | Other branches are at a disadvantage in that the President as one person can more easily articulate his policy positions as opposed to the other branches with have multiple members |
Nationally broadcast State of the Union | Nowadays a much anticipated and publicized annual major policy address | Another example of the power of a president as one person as compared to other branches with multiple members |
bully pulpit: a position of authority that provides the holder (president) with an opportunity to speak out and be listened to on any matter
powers and functions of the bureaucracy
Big Idea #3: The federal bureaucracy is a powerful institution implementing federal policies with sometimes questionable accountability.
Bureaucracy: A system of government in which most of the important decisions are made by state officials rather than by elected officials.
Tasks performed by departments, agencies, commissions, and government corporations
Writing and enforcing regulations | Bureaucracies have discretion in interpreting congressional legislation and thus make it more specific. Agencies wield large amounts of power via the regulation component of bureaucracies |
|---|---|
Issuing fines | Fines are another example of government agencies having wide latitude in carrying out the legislative intent of Congress |
Testifying before Congress | Informs Congress through its oversight function of the job that the government agency is doing |
Issue networks and “Iron Triangle” | Iron triangles form mutually beneficial alliances between interest groups, bureaucracies, and Congress. Issue networks are looser policy networks that form between media pundits, experts in the field etc. |
Note: Discretionary and rule-making authority to implement policy are given to bureaucratic departments, agencies, and commissions
issue networks and iron triangles
methods of oversight
As a means to curtail the use of presidential power, congressional oversight serves as a check of executive authorization and appropriation.
Presidential ideology, authority, and influence affect how executive branch agencies carry out the goals of the administration.
Compliance monitoring can pose a challenge to policy implementation.
Ultimately agencies and departments report to the president in many cases. If they are not doing their job they will be fired or asked to resign. Numerous examples from the Trump administration.
Presidential ideology, authority, and influence affect how executive branch agencies carry out the goals of the administration.
governmental branches and bureaucratic accountability
How does each ensure that the bureaucracy is held accountable? | Formal Powers | Informal Powers |
|---|---|---|
● Congress | Legislation, overriding vetoes, advice and consent, treaty power | Use of the media, congressional oversight of the bureaucracy |
● President | Veto power, commander-in-chief | Executive orders, executive agreements, signing statements |
● The Courts | Supreme Court (judicial review implied but not listed in constitution) | Discretion in accepting cases |
Note: Governmental branches can hold the bureaucracy accountable given the competing interests of Congress, the president, and the federal courts.