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AP U.S. GOVERNMENT AND POLITICS

Unit 2- Interactions Between Branches – Review Packet

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. The Constitution grants
specific powers to Congress, the president, and the courts, and in addition, each branch exercises informal powers
(developed through political practice, tradition, and legislation). Because checks and balances are designed to prevent
one branch from becoming too powerful, Congress and the president, for example, will sometimes cooperate and
sometimes compete in governance.

The powers of Congress are set forth in Article I of the Constitution. Congress is bicameral, with the Senate representing
states and the House of Representatives reflecting each state’s population. Congress passes laws that cover a wide
range of policy areas, and each chamber has different responsibilities and rules. The federal budget is a good example of
how the president and Congress must cooperate and compromise. While Congress is empowered to develop and pass a
budget, in the modern era the president typically proposes one, which may lead to ideological debate. There are several
reasons it is difficult for Congress to pass legislation, including ideological differences. Much of the work of Congress is
done in committees, and congressional committees also exercise oversight to ensure that the bureaucracy is carrying out
policies as intended.

The expressed powers of the president are set forth in Article II of the Constitution. The president has a significant degree
of informal power, which has grown over time. Under the Constitution, Congress checks the power of the president, and
this leads to tension between the two branches over both foreign and domestic affairs. The president and Congress have
several interrelated powers. For example, while Congress passes legislation, the president must sign it into law. The
president appoints judges and members of the cabinet, who must be confirmed by the Senate. The president also
oversees most of the bureaucracy. Technology has impacted the president’s use of the “bully pulpit” to influence public
opinion. In addition to reaching out to the public through televised press conferences and the State of the Union message,
the president is increasingly making use of social media to communicate views to a vast audience.

The federal judiciary, including the Supreme Court, established under Article III, is designed to be an independent branch
of government. The Court’s most far-reaching power, judicial review, was justified in Marbury v. Madison (1803), where
the Court declared that it had the constitutional authority to overturn acts of Congress, state laws, or executive action
deemed to be unconstitutional. Thus, judicial review serves as an important check on other branches of government.
Appointed for life, justices are somewhat insulated from public opinion. It is not surprising that over the years the Court
has handed down decisions that have been unpopular and controversial. Congress and the president may influence the
Court through the appointment process, by refusing to implement a Court decision, or passing legislation that changes the
Court’s jurisdiction.

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?

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Big Idea #1 The republican ideal in the U.S. is manifested in the structure and operation of the legislative branch.

Basic Congressional Requirements

House of Representatives Senate

Number of members
in each Chamber

Minimum Age

Citizenship
Requirement

Term Length

Explain how the

representation of each
differs - whole state or
the populate of the
district.

Where in the
Constitution are the
requirements found?

Powers of Congress
Define: Enumerated Powers

Define: Implied Powers

Where in the Constitution are the

enumerated powers of Congress
found?

Where in the Constitution are the

implied powers of Congress found?

List the ECONOMIC powers of

Congress.

List the MILITARY powers of

Congress

Explain why the Necessary and

Proper Clause is used for addressing
social and environmental issues.

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Structure, powers, and functions of both houses of Congress

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?

Special Notes:
 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.

Congressional Leadership

House of Representatives Senate

Constitutional 1. 1.
Required Leadership
Offices
*Identify and
Describe role in
policy making 2.
process.

Additional Leadership Majority Party Minority Party Majority Party Minority Party
Offices
(Include committees)
*Identify and
Describe role in
policy making
process.

Procedures, rules, and roles that impact the policy-making process

House of Representatives (HR)
Define and describe the impact in the policy-making process Senate (S)
Both (B)
Filibuster

Cloture
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Discharge
Petition

Treaty
Ratification

Confirmation
of Judges

Rules
Committee

Special Notes:
 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.

Define and describe the impact in the budgetary process – include examples.

Discretionary
Spending

Mandatory
Spending

Pork Barrel
Legislation

Logrolling

Special Note: Congress must generate a budget that addresses both discretionary and mandatory spending, and as
entitlement costs grow, discretionary spending opportunities will decrease unless tax revenues increase or the budget
deficit increases.

Congressional Behavior and Governing Effectiveness

Define and explain how it influences congressional behavior.

Divided Government

Partisan

Bi-Partisan

“Lame—Duck” President
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 Definition Describe the different role as
related to constitute accountability
in each chamber.

Trustee H of R:.

Senate:

Delegate H of R:.

Senate:

Politico H of R:.

Senate:

Special Notes:
 Ideological divisions within Congress that can lead to gridlock or create the need for negotiation and compromise.
 Elections that have led to a divided government, including partisan votes against presidential initiatives and
congressional refusal to confirm appointments of “lame-duck” presidents of the opposite party.
 Coalitions in Congress are affected by term-length differences.

Gerrymandering and redistricting

Define and describe the impact in the budgetary process – include examples.

Gerrymanderin
g

Redistricting

Court Case Year Brief description of the case and outcome Constitutional principles

Baker v. Carr

Shaw v. Reno

Special Note: Gerrymandering, redistricting, and unequal representation of constituencies have been partially addressed
by such Supreme Court decisions.
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Big Idea #2 The presidency has been enhanced beyond its expressed constitutional powers.

Formal and Informal Powers of the President

Formal or Define Explain how the president would use to

Informal? implement policy.

Veto

Pocket-Veto

Executive Orders

Treaties

Commander-in-Chief

Executive Agreements

Bargaining &
Persuasion

Signing Statements

Explain how presidents have

interpreted and justified their use of
formal and informal powers.

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Special Notes:
 Presidents use powers and perform functions of the office to accomplish a policy agenda.
 Different perspectives on the presidential role, ranging from a limited to a more expansive interpretation and use
of power, continue to be debated in the context of contemporary events.
 Policy initiatives and executive orders promoted by the president often lead to conflict with the congressional
agenda.

President and Congressional Tension

Explain how the president’s agenda can create

tension and frequent confrontations with
Congress.

Special Note:. Policy initiatives and executive orders promoted by the president often lead to conflict with the
congressional agenda.

Tensions between the President and the Senate

Explain how conflict could occur with the Senate for each of the following.

Cabinet Members

Ambassadors

White House Staff

Special Note:. Senate confirmation is an important check on appointment powers, but the president’s longest lasting
influence lies in life-tenured judicial appointments.

Federalist No. 70
Author

Main ideas

Explain the argument for a

strong executive.

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Presidential Requirements

Presidential Requirements Where in the Constitution are the requirements

found?

Minimum Age

Citizenship
Requirement

Length of Term

Constitutional-Power Restrictions

Describe the 22nd Amendment Explain why this demonstrates the changing
presidential role.

22nd amendment

Special Note: Term-of-office and constitutional-power restrictions, including the passage of the Twenty-second
Amendment, demonstrate changing presidential roles.

Communication, technology and the Presidency

Explain how each has changed the Explain how each has changed the
president’s relationship with the president’s relationship with the other
national constituency. government branches.

Modern technology (TV, radio,

internet)

Social media

Nationally broadcast State of the

Union

“Bully pulpit”

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Big Idea # 3: The design of the judicial branch protects the Supreme Court’s independence as a branch of government,
and the emergence and use of judicial review remains a powerful judicial practice.

Checks and Balances and Judicial Review

Describe the Main Ideas Explain the Importance of the Main Ideas

Article III of the Constitution

Judicial Review

Federalist No. 78

Checks and Balances and Judicial Review

Court Case Year Brief description of the case and outcome Constitutional principles

Marbury v Madison

Explain the importance of judicial review in U.S.

government.

Explain how the exercise of judicial review in

conjunction with life tenure of judges can lead to
debate about the legitimacy of the Supreme
Court’s power.

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Judicial decision making: Importance of precedents and stare decisis

Precedents stare decisis Landmark Case

Define

Explain

Provide an
example

Ideology and SCOTUS

Ideological changes in the composition of the Establishment of new precedents:
Supreme Court, due to presidential appointments,
have led to the Court’s establishing new or
rejecting existing precedents.

Describe the consequences of each

Rejecting of new precedents:

Controversial or unpopular Supreme Court Appointments:

decisions can lead to challenges of the Court’s
legitimacy and power which Congress and the
president can address only through future
appointments, legislation changing the Court’s
jurisdiction, or refusing to implement decisions.

Describe consequences each. Legislation:

Refusal to implement:

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Ideology and SCOTUS

Loose Constructionist Strict Constructionist

Define and Explain

Politics and the Supreme Courts Power

Judicial Activism Judicial Restraint

Define and Explain

Checks and Balances: How other branches can limit the Supreme Courts power.

Restrictions on Supreme Court Description Example

Constitutional Amendments

Judicial appointments and

confirmations

President evading/ignoring SCOTUS

decisions

States evading/ignoring SCOTUS

decisions

Congressional Acts

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Big Idea #4 The Constitution created a competitive policy-making process to ensure the people’s will is
represented and that freedom is preserved.

Terms Definition
Separation of Powers

Checks and Balances

Federalist No. 51
Author
Main ideas

Explain how majority abuse is

prevented

Explain how public policy is

influenced by checks and
balances and other
stakeholders
Special Note: Impeachment, removal, and other legal actions taken against public officials deemed to have abused their
power reflect the purpose of checks and balances.

Impeachment and Removal of a President

Reasons for impeachment: 1.

2.

3.

Step 1: Step 2:
House of Representatives Senate

Explain the House of Representatives role in checks Explain the Senates role in checks and balance.
and balance.

Votes Needed to impeach: Votes needed to remove:

During the formal Senate trial, who is the

presiding judge?

Explain how impeachment and removal

represents the Constitutional system of
government.

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Bureaucracy

Using a merit-based civil service system for all staff except top-level political appointees, the federal bureaucracy carries
out laws to regulate a wide range of individual and commercial activities. Bureaucrats implement policy using their
discretionary and rule-making authority. Both Congress and the president can hold the bureaucracy accountable in policy
implementation, and the two branches will sometimes be in conflict over whether or not administrative agencies are
carrying out the letter and spirit of the law.

Big Idea # 1- The federal bureaucracy is a powerful institution implementing federal policies with sometimes
questionable accountability.

Define

Bureaucracy

Patronage

Merit

Civil Service

“Power of the Purse”

Compliance monitoring

Special Note:. Political patronage, civil service, and merit system reforms all impact the effectiveness of the bureaucracy
by promoting professionalism, specialization, and neutrality.

Tasks performed by departments, agencies, commissions, and government corporations

Explain how each assists the bureaucracy in carrying out the responsibilities of
the national government

Writing and enforcing regulations

Issuing fines

Testifying before Congress

Issue networks and “Iron Triangle”

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Bureaucratic Agencies

Explain how the federal bureaucracy uses Cite a recent example in the past 2
delegated discretionary authority for rule making years.
and implementation.

Department of
Homeland Security

Department of
Transportation

Department of Veterans
Affairs

Department of
Education

Environmental
Protection Agency
(EPA)

Federal Elections
Commission (FEC)

Securities and
Exchange Commission
(SEC)

Special Note:. Discretionary and rule-making authority to implement policy are given to bureaucratic departments,
agencies, and commissions.

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Methods of Oversight

For each, explain how Congress uses its oversight power in its relationship with the
executive branch.

Committee hearings

Power of the Purse

Special Notes:
 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.

Presidential responsibilities and goals

Explain how the president
ensures that executive
branch agencies and
departments carry out their
responsibilities in concert
with the goals of the
administration.

Special Note: Presidential ideology, authority, and influence affect how executive branch agencies carry out the goals of
the administration.

Governmental branches hold the bureaucracy accountable

How does each ensure that the Formal Powers Informal Powers
bureaucracy is held
accountable?

Congress

President

The Courts

Special Note:. Governmental branches can hold the bureaucracy accountable given the competing interests of Congress,
the president, and the federal courts.
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