Unit 2: Institutions of Government

Overview: Who can do what?

This longer unit covers the
institutions that create
government policy – the most
important part of the course,
and the most emphasized on
the exam. The founders listed
the legislative branch first in the Constitution, signifying its
primacy in their view of the new government they were
creating. But in the modern political arena, the President
shines above everyone else. In fact, most Americans believe
the President can do anything he wants, and presidential
candidates back up that belief by making promises during the
campaign season about what they will do if elected. In reality,
however, perhaps the most important institution is the one not
mentioned in the Constitution at all – the bureaucracy. From
the roads we travel to the foods we eat, from the parks we visit
and the air we breathe, federal regulations and oversight abound. Finally, the judiciary has been described
as the least dangerous branch, but courts often have the final word on what laws – and even the
Constitution – truly mean.

Essential Knowledge: These phrases come from the framework established by College Board. For each
sub-heading, students should be able to provide a description or explanation prior to an assessment.

1. The republican ideal is manifested in the structure and operation of the legislative branch.
a. Describe the different structures, powers, and functions of each house of Congress
b. Explain how the structure, powers, and functions of Congress affect the policy-making process
c. Explain how Congress’s behavior is influenced by elections, parties, and divided government

2. The presidency has been enhanced beyond its expressed constitutional powers
a. Explain how the president can implement a policy agenda
b. Explain how the president’s agenda can create tension and confrontations with Congress
c. Explain how presidents have interpreted and justified their use of formal and informal powers
d. Explain how communication technology has changed the president’s relationship with the
national constituency and the other branches.
3. The federal bureaucracy implements federal policies.
a. Explain how the bureaucracy carries out the responsibilities of the federal government.
b. Explain how the federal bureaucracy uses delegated discretionary authority for rule making
and implementation.
c. Explain how Congress uses its oversight power in its relationship with the executive branch.
d. Explain how the president ensures that executive branch agencies and departments carry out
their responsibilities in concert with the goals of the administration.
 e. Explain the extent to which governmental branches can hold the bureaucracy accountable
given the competing interests of Congress, the president, and the federal courts

4. The design of the judicial branch protects the Supreme Court’s independence, and the
emergence and use of judicial review remains a powerful judicial practice.
a. Explain judicial review and how it checks other institutions and state governments
b. Explain how judicial review in conjunction with life tenure leads to debate about legitimacy
c. Explain how other branches in the government can limit the Supreme Court’s power.

Vocabulary: These terms, listed in non-alphabetical order, are either specifically mentioned in the
framework established by College Board or are necessary to understand the required vocabulary’s
complexity of meaning and the course content.

Apportionment Majority Leader Riders Cabinet Policy Implementation

Gerrymandering Pres. Pro Tempore Delegate Veto Discretion
Standing Committee Whips Trustee Pocket Veto Iron Triangle
War Powers Issue Network
Select Committees Bill Politico
Resolution Patronage
Conference Committee Budget 12th Amendment Pardon Civil Service
Ways & Means 16th Amendment 22nd Amendment Signing Statement Merit/Spoils Systems
Legislative Oversight 17th Amendment 25th Amendment Bully Pulpit Mandamus
Formal Powers State of the Union Judicial Review
Committee chair Appropriations
Informal Powers Executive Order Original Jurisdiction
Caucus Legislative veto Chief of State
Rules Committee Franking Executive Agreement District court
Chief Executive Treaty Circuit court
Advice and Consent Incumbency advantage Chief Administrator Bureaucracy certiorari
Holds Constituents Chief Diplomat Rule-making Stare decisis
Filibuster Casework Commander-in-Chief Gov’t Corporation Rule of four
Discharge petition Pork-barrel Chief Legislator Independent Agency Judicial activism
Chief Citizen Departments Judicial restraint
Speaker of the House Log-rolling
Impeachment Agencies

Key Dates:
Unit 2 Test
- Part I: MCQs Thursday, February 27th
- Part II: FRQ3  Friday, February 28th
 UNIT 2: Institutions of Government (25-36% of exam)
Required Foundational Documents: The Constitution, Federalist 51, Federalist 70, Federalist
78
Congress - The Constitution - Article I, 17th Amendment, Federalist 51
POTUS - The Constitution - Article II, 12 th Amendment, 22nd Amendment, 25th
Amendment, Federalist 70
SCOTUS - The Constitution - Article III, Federalist 78
Required SCOTUS Cases: Baker v. Carr (1961), Shaw v. Reno (1993), Marbury v. Madison
(1803)

Part 1 - THE LEGISLATIVE BRANCH

2.1 Congress: The Senate and the House of Representatives (Article I of the
Constitution)
1. How does the Constitution reflect that Senate is designed to represent states equally,
while the House is designed to represent population?

2. What is reapportionment? How often does it happen?

3. What is redistricting? How often does it happen? Who is usually in control of redistricting?

4. What is gerrymandering?

5. How does gerrymandering impact elections?

6. What is the chamber size for the House? For the Senate?

7. How do the differences in size and constituencies influence the formality of debate in the
House and the Senate?

8. What is the term length for members of the House? For the Senate?

9. How are coalitions in Congress affected by term length differences?

10.Regarding powers/areas of specialization, what is the House known for?

11.Regarding powers/areas of specialization, what is the Senate known for?

 12.What are three enumerated powers of Congress (Article I, Section 8) that significantly
increase their power

13.How does the Necessary and Proper clause impact the amount of power Congress has?
Explain.

2.2 Structures, Powers, and Functions of Congress

14.What does the policymaking process look like?

15.How do differences in the House and Senate impact the policymaking process?

16.What role do committees serve in Congress?

17.What is the main role of a standing committee? Give an example of a powerful one in the
House.

18.What is the function of a select committee? Give an example of one.

19.What does a conference committee do?

20.There are many chamber specific procedures, rules, and roles that impact the
policymaking process. For each of the following concepts, define the term, list if it’s
specific to the House or Senate, and then describe the impact it has on the policymaking
process.
Term Definition H or S Impact on Policy

Speaker of
the House

President
pro temp. of
the Senate
Whips

Committee
Leadership

Filibuster

Cloture

Hold

Rules
Committee

Committee
of the Whole

Discharge
petition

2.3 Congressional Behavior

21. Define divided government and decribe its impact on the policymaking process

22.How does a member of Congress vote if they’re acting as a trustee?

23.How does a member of Congress vote if they’re acting as a delegate?

24.How does a member of Congress vote if they’re acting as a politico?

PART 2 - THE PRESIDENCY
2.4 Roles and Powers of the President and 2.5 Checks on the Presidency

25. For each of the following presidential powers - define the term, indicate if it’s formal
(enumerated in constitution) or informal (implied), and explain how another branch can
limit/check the power (if applicable)

Power Definition/explanation How others can limit (if it’s

(if in constitution star (example if you can) Congress - be specific which
it) chamber/how big of a vote is
needed)

Veto

Pocket veto

Treaty negotiation

Executive
agreements

Commander in Chief
Executive orders

Signing statements

Pardon

Nomination

26.Describe how unified vs. divided government can impact judicial appointments.

2.6 Expansion of Presidential Power (Federalist 70 + the Constitution)

27.What kind of executive was set forth in Federalist 70?

28.Why did Hamilton argue this was the best type of executive?

29.How did the 22nd Amendment restrict the power of the president?

30.What president greatly expanded the power of the executive? (hint: it hasn’t shrunk since
then)

2.7 Presidential Communication

31.Define bully pulpit.
 32.How can POTUS use the power of the bully pulpit to advance policy wishes? Use an
example if you can.

33.What is the State of the Union? Does POTUS have to give one? How can it help POTUS?

PART 3 - THE BUREAUCRACY

2.12 The Bureaucracy
34.Define bureaucracy.

35.Describe what the Cabinet is and what it does. Give an example of a department.

36.Describe what bureaucratic agencies do. Give an example of an agency.

37.Describe what regulatory commissions do. Give an example of a commission. How are
they different than agencies?

38.Define government corporation. Give an example.

39.Define iron triangle. Give an example of how it implements law.

40.Define patronage.

41.How is patronage different from the civil service system/merit system?

42.Why has there been a shift from patronage to merit?

2.13 Discretionary & Rule Making Authority of the Bureaucracy

43.Define bureaucratic discretion.

44.Describe why Congress defers to bureaucrats to make rules and regulations regarding
policy?
2.14 Holding the Bureaucracy Accountable
45.Define oversight.

46.Give an example of Congress exercising oversight.

47.How does Congress ensure that bureaucrats implement the law in the way Congress
intended?

48.How else can Congress control the bureaucracy?

49.How does POTUS control the bureaucracy

PART 4 - THE COURTS

2.8 The Judicial Branch
50.What is the power of the judicial branch?

51.Where did that power come from?

52.Define judicial review.

53.According to Federalist 78, why was judicial review necessary?

2.9 Legitimacy of the Judicial Branch

54.According to Federalist 78, why is life tenure needed?

55.Describe how justices get on the Court.

56.Define stare decisis.

57.Describe how stare decisis impacts judicial decision making.

58.How can ideology of the Court change decisions/precedent over time?

2.10 The Court in Action
50.How is the Court insulated from public opinion?

51.How can controversial/unpopular decisions challenge the Court’s legitimacy?

52.Define judicial activism.

53.Define judicial restraint.

54.Does judicial activism or judicial restraint give the Court more power? Explain.

2.11 Checks on the Judicial Branch

55.What can Congress do if they disagree with a judicial ruling?

56.What can POTUS do if he disagrees with a judicial ruling?

57.What can states do if they disagree with a judicial ruling?

58.Aside from SCOTUS, who determines federal court’s jurisdiction?