Government Branches Overview

Overview

This lecture covers Unit 2 of AP Government, focusing on the structure, powers, and interactions of the legislative, executive, judicial branches, and the federal bureaucracy.

The Legislative Branch (Congress)

• Congress is bicameral: the House of Representatives (435 members based on state population; 2-year terms) and the Senate (100 members, 2 per state; 6-year terms).
• House members are more closely tied to constituents due to shorter terms and smaller districts.
• Both chambers must pass identical bills for legislation to proceed.
• Congress has enumerated powers (explicit in Article I, Section 8) like taxation, declaring war, and making laws.
• Implied powers derive from the "necessary and proper clause," allowing broader legislative action.
• Key leadership: Speaker of the House, Majority/Minority Leaders, Whips; in Senate: Vice President, President pro tempore, Majority Leader.
• Committees (standing, joint, select, conference) handle most congressional work.
• House limits debate; Senate allows unlimited debate, including filibusters (ended by 60-vote cloture).
• Bill process: introduction, committee review, possible amendments (including riders, pork barrel spending), floor vote, presidential action.
• Federal budget: Mandatory spending (entitlements like Social Security) and discretionary spending (e.g., federal employees).
• Political polarization and divided government can cause gridlock; unified government speeds legislation.
• Representatives may adopt trustee, delegate, or politico models for voting.
• Reapportionment and redistricting (after census) can lead to gerrymandering; Supreme Court cases: Baker v. Carr (one person, one vote), Shaw v. Reno (race-based gerrymandering unconstitutional).

The Executive Branch (The Presidency)

• Presidential powers: formal (veto, commander-in-chief, appointments) and informal (executive orders, bargaining/persuasion, signing statements).
• Veto can be overridden by 2/3 of Congress; pocket veto used near session end.
• Executive agreements with foreign leaders do not require Senate approval.
• Cabinet and federal judge appointments require Senate confirmation.
• Expansion of presidential power noted with Jackson, Lincoln, FDR.
• Federalist 70: Hamilton supports a single energetic executive.
• Presidents use the "bully pulpit" and state of the union address to influence public opinion and Congress; communication methods have evolved from radio to social media.

The Judicial Branch

• Federal court system: District Courts (original jurisdiction), Courts of Appeals (appellate jurisdiction), Supreme Court (original and appellate).
• Federalist 78: judicial independence through life tenure; court can interpret constitutionality (judicial review, established by Marbury v. Madison).
• Precedent (stare decisis) guides decisions; Supreme Court can overturn precedent in rare cases.
• Court philosophies: judicial activism (policy making) vs. judicial restraint (strict constitutional interpretation).
• President and Congress check judiciary through appointments and legislation; controversial decisions can raise legitimacy concerns.

The Bureaucracy

• Bureaucracy executes federal law; led by cabinet secretaries, includes agencies, commissions, government corporations.
• Writes and enforces regulations through delegated discretionary authority; monitors compliance and can issue fines.
• Iron triangles: strong cooperation among agencies, congressional committees, and interest groups.
• Notable departments/agencies: DHS, DOT, VA, Dept. of Education, EPA, FEC, SEC.
• President appoints most agency heads but has limited influence over regulatory commissions.
• Congress checks bureaucracy via oversight, hearings, and control of funding (power of the purse).
• Judicial branch reviews bureaucratic actions for constitutionality.
• Civil service reforms (Pendleton Act, Civil Service Reform Act) established merit-based hiring and reduced patronage.

Key Terms & Definitions

• Bicameral — having two legislative chambers (House and Senate).
• Enumerated Powers — powers specifically listed in the Constitution.
• Implied Powers — powers not explicitly stated but allowed by the necessary and proper clause.
• Filibuster — prolonged Senate debate to block a bill.
• Cloture — Senate vote (60 required) to end a filibuster.
• Gerrymandering — drawing districts to favor a party/group.
• Executive Order — presidential directive with force of law, primarily overseeing the bureaucracy.
• Judicial Review — court's power to determine constitutionality of laws.
• Precedent/Stare Decisis — previous judicial decisions that guide future cases.
• Iron Triangle — alliance among bureaucratic agencies, congressional committees, and interest groups.

Action Items / Next Steps

• Review Federalist 70, Federalist 78, and required Supreme Court cases: Marbury v. Madison, Baker v. Carr, Shaw v. Reno.
• Know the functions of seven key federal departments/agencies.
• Be able to define and explain key terms listed above.