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US Government and Politics Unit 2: Interactions among branches of government

Congress, the president, the courts and the bureaucracy share power and constantly check one another.

Covers: Congress: structure, powers and lawmaking, the presidency: powers and checks, the federal courts and judicial review, the bureaucracy

Study guide

Congress is bicameral. The House has 435 members elected every two years by population, and it alone can start revenue bills and impeach. The Senate has 100 members with six-year terms; it confirms appointments, ratifies treaties and tries impeachments. Bills move through committees, where most work happens; the House Rules Committee sets debate terms, and in the Senate a filibuster can be ended only by cloture (60 votes). Lawmaking involves logrolling and pork-barrel spending, and members act as delegates (following voters), trustees (using their judgment) or politicos (mixing both). Gerrymandering and divided government shape how Congress works.

The president's formal powers include commander in chief, vetoes, treaty-making and appointments. Informal powers include executive orders, executive agreements and signing statements. Federalist No. 70 argued for a single, energetic executive. Presidents use the "bully pulpit" to shape public opinion, and the Twenty-Second Amendment limits them to two terms. Congress checks presidents through veto overrides, the power of the purse, oversight and confirmations.

The federal courts are led by the Supreme Court, whose justices serve for life. Federalist No. 78 described the judiciary as the "least dangerous" branch, and Marbury v. Madison established judicial review. The Court follows precedent (stare decisis) but sometimes overturns it, and justices may favor judicial restraint or judicial activism. The bureaucracy (cabinet departments, independent agencies and regulatory commissions) carries out laws using discretionary and rule-making authority. Iron triangles link agencies, congressional committees and interest groups, and Congress oversees the bureaucracy through hearings and budgets.

Mandatory spending, mostly entitlements like Social Security, Medicare, Medicaid and interest on the debt, is set by existing law and grows automatically. Discretionary spending, such as defense and education, must be approved each year through appropriations bills. Mandatory spending now takes up most of the budget, which shrinks the share Congress actively decides each year and makes deficits harder to control. In Baker v. Carr (1962), the Court ruled that federal courts can hear challenges to unequal legislative districts. This led to the 'one person, one vote' principle. In Shaw v. Reno (1993), it ruled that a district drawn mainly on the basis of race must satisfy strict scrutiny under the equal protection clause. A strangely shaped majority-minority district in North Carolina was the trigger.

Besides hearings and budgets, Congress can rewrite or narrow the law an agency is carrying out. Its committees can hold oversight investigations, and under the Congressional Review Act it can pass a joint resolution, which the president can veto, to overturn a newly issued regulation. Removing a president takes two steps. The House impeaches (formally charges) the president by a simple majority. The Senate then holds a trial, with the chief justice presiding, and conviction and removal require a two-thirds vote.

Congress has grown more polarized, with members voting along party lines more often and fewer moderates in either party. This makes compromise harder, increases gridlock under divided government and turns rules such as the filibuster into partisan weapons. Other branches can check the courts. The president nominates judges and the Senate confirms them. Congress can change the courts' appellate jurisdiction or propose constitutional amendments to reverse rulings. Because courts depend on the executive to enforce their decisions, compliance is not automatic.

Key ideas

• Most congressional work happens in committees.
• The Senate's filibuster and cloture rules make 60 votes important.
• Presidents use formal and informal powers, checked by Congress and courts.
• Judicial review gives courts the final word on constitutionality.
• The bureaucracy implements laws with considerable discretion.

Formulas and rules

Common mistakes

• Confusing impeachment (the House's charges) with removal (Senate conviction).
• Thinking executive orders are laws passed by Congress.

Words to know

Bicameral

A legislature with two houses.

Speaker of the House

The leader of the House, chosen by the majority party.

Standing committee

A permanent congressional committee for a policy area.

House Rules Committee

Sets the terms of debate for bills in the House.

Filibuster

Unlimited debate in the Senate used to block a bill.

Cloture

A Senate vote of 60 to end a filibuster.

Pork-barrel spending

Funds for local projects added to bills.

Logrolling

Trading votes to pass each other's bills.

Gerrymandering

Drawing district lines to favor a party or group.

Divided government

One party controls the presidency and another controls Congress.

Veto

The president's rejection of a bill; Congress can override with two-thirds.

Executive order

A presidential directive with the force of law, not passed by Congress.

Executive agreement

An agreement with a foreign nation that doesn't need Senate approval.

Bully pulpit

The president's platform to influence public opinion.

Judicial review

The courts' power to strike down unconstitutional laws.

Stare decisis

Following precedent in court decisions.

Judicial activism

Willingness to overturn laws or precedent.

Judicial restraint

Deferring to elected branches and precedent.

Bureaucracy

Federal agencies that carry out laws.

Iron triangle

The relationship among an agency, a committee and an interest group.

Sample practice questions

5 more questions like these, from level 1 to 5, are in the practice set.