
Glossary
| A | B | C | D
| E | F | G
| H | I | J
| K | L | M | N | O | P | Q | R | S
| T | U | V
| W | X | Y | Z |
- Absence
of a Quorum
When less than
51 Senators answer a quorum call, the absence of a quorum is established.
In the absence of a quorum, the Senate may not conduct legislative
business. Instead, the Senate must either adjourn or continue to
make motions to obtain a quorum. A motion to get a quorum
instructs the Sergeant-at-Arms to either request, compel or arrest
absent Senators.
- Act
A bill which
has passed both houses of Congress and has been signed by the president
or passed over his veto, thus becoming a law.
- Advice
and Consent
The United States
Constitution (Article II, section 2) requires that the Senate give
its advice and consent to the president on war and treaty-making
decisions and on appointments to certain key offices. A treaty is
a formal compact between the United States and one or more nations
that must be approved by a two-thirds vote of the Senate. It then
becomes part of the supreme law of the United States, equally binding
with the Constitution in all places to which the national jurisdiction
extends, and taking precedence over state constitutions and laws.
The need for Senate consent may be circumvented if the president
terms an international accord an executive agreement. The latter
needs only presidential consent to bind the government and avoids
possible delays involved in gaining Senate approval for a treaty.
Most presidential appointments require confirmation by a majority
vote in the Senate. Presently, between fifty and seventy thousand
individuals are nominated annually. Over 99 percent of nominations
are to minor positions (mostly military officers). Nominees to major
positions (federal judges, members of regulatory bodies, and key
executive and diplomatic personnel not covered by merit systems)
face the closest scrutiny.
The first time
George Washington sought the advice of the Senate on a treaty, he
came before the Senate in person on August 22, 1789, expecting the
Senate's immediate consent. But the Senate was not to be rushed
and decided to take its time deliberating the matter. Washington
was infuriated that the Senate would not act quickly while he waited.
He left the halls of Congress but returned two days later when the
Senate ratified the treaty. After this incident, Washington never
again returned in person to seek the Senate's advice and consent.
This incident established the Senate precedent of offering advice
and consent only after time for debate and deliberation and only
after the president has submitted the treaty in writing.
- AFL-CIO
The American
Federation of Labor and the Congress of Industrial Organizations,
the nation's largest union organization, was created in 1955 when
the separate AFL, founded in 1886, and the CIO, founded in 1938,
merged into one organization
- Aisle
The space which
divides the Majority side from the Minority on the House/Senate
floor.
- Amending
Amending is
the process by which members attempt to change the content of legislation
as it is considered in committee markup sessions and during House
and Senate floor sessions. The legislative process permits a bill
to be amended at as many as seven different stages: when it is considered
by a subcommittee of the House, by the parent committee of that
subcommittee, and by the full House; when it is considered by a
subcommittee and committee of the Senate and by the Senate itself;
and when the House and Senate try to reach final agreement on the
bill's content, either in a conference committee or by a formal
exchange of amendments between the two houses. In some cases, one
or more of these stages are bypassed; for example, the House and
Senate sometimes pass noncontroversial bills without first considering
them in formal committee and subcommittee meetings. In other cases,
stages are added to the process; for example, some bills are considered
by one House or Senate committee only; after having been debated
and amended by another committee of that house.
- Amendment
Proposal of
a congressman to alter a bill; usually printed, debated, and acted
upon in the same manner as a bill.
- Amendment
I
Perhaps the
most important and most widely cited part of the Constitution, the
First Amendment protects individual religious freedom, free speech,
a free press, and the freedom to petition the government by written
word, marching, and picketing. [Ratified 1791]
- Amendment
II
This amendment
has been the subject of heated debate in recent years. What it meant
in the 1790s may be quite different from what it means in the 1990s.
Does it mean that individuals have the right to own and carry firearms,
or does it refer to the right of the people to maintain a militia
for their mutual protection? [Ratified 1791]
- Amendment
III
In the 1790s
citizens were still angry about the old British practice of quartering
soldiers in the homes of colonists. This provision addressed that
concern, but in modern times this is obsolete. [Ratified 1791]
- Amendment
IV
Guarantees that
citizens be safe from unreasonable searches or arrests without a
warrant. [Ratified 1791]
- Amendment
V
Provides certain
protections in matters of law such as double jeopardy where a person
cannot be tried twice for the same offense. It also provides that
no person shall be forced to give testimony in court against themselves.
In popular language this is known as pleading the Fifth Amendment.
- Amendment
VI
Provides for
speedy public trials by jury for those indicted in criminal cases.
[Ratified 1791]
- Amendment
VII
Provides for
jury trials in civil cases. Even though the Constitution sets a
civil dispute with a minimum of $20 as sufficient grounds for a
jury trial, this amount has been increased considerably over two
centuries, and the small claims, which could overwhelm the court
system, have been handled in other ways such as small claims courts.
[Ratified in 1791]
- Amendment
VIII
Punishment for
crimes or bail shall not be excessive nor cruel and unusual. Does
the death penalty constitute cruel and unusual punishment? This
has been hotly debated for many years, with no clear resolution
in sight. [Ratified 1791]
- Amendment
IX
This is a catch-all
clause that retains for the people other rights not specifically
mentioned in the Constitution.
- Amendment
X
The states or
the people retain the powers not specifically granted to the federal
government in the Constitution. Some use this amendment to argue
that the federal government should be limited and state government
and states' rights should be increased.
- Amendment
XI
Provides that
states can only be sued in state courts. [Ratified 1798]
- Amendment
XII
Calls for separate
elections for president and vice president. This amendment was added
in 1804 following the unusual circumstances of the presidential
election of 1800, where Thomas Jefferson and Aaron Burr tied in
the electoral college, forcing the House of Representatives to elect
the president. [Ratified 1804]
- Amendment
XIII
The first of
the landmark Civil War and Reconstruction Era amendments, the Thirteenth
Amendment abolished slavery in the United States. [Ratified 1865]
- Amendment
XIV
Declares that
African Americans born or naturalized in the United States were
citizens subject to the equal protection of the laws. Earlier, in
the Dred Scott decision of 1857, the Supreme Court had declared
African Americans were not citizens. Section 2 of the Fourteenth
Amendment also rendered obsolete the controversial passages in Article
1 which declared that only three-fifths of African Americans held
as slaves be counted in the census for purposes of representation
. [Ratified 1868]
- Amendment
XV
Protects the
right to vote of African Americans. Even though this constitutional
language is clear, many southern states tried to circumvent the
Fifteenth Amendment through their own state constitutions and state
laws which made it difficult or impossible for African Americans
to vote. But the Fifteenth Amendment was a powerful tool for those
who fought for civil rights over the past century. This amendment
is the basis of the Voting Rights Act of 1965. [Ratified 1870]
- Amendment
XVI
Provides constitutional
authority for the collection of income taxes. This amendment became
necessary to overcome an 1895 Supreme Court decision which declared
a federal income tax was unconstitutional. [Ratified 1913]
- Amendment
XVII
Provides for
the direct election of senators. Until 1913 senators were elected
by the state legislatures rather than by the people.
- Amendment
XVIII
This amendment
ushered in the era of Prohibition, when the manufacture and sale
of alcoholic beverages was banned in the United States. This so-called
noble experiment lasted 14 years and saw the rise of organized crime,
the development of speakeasies (places where liquor was consumed
illegally), and the rise of large government police units such as
the Federal Bureau of Investigation, which tried to enforce the
provisions of this amendment and laws related to it. [Ratified 1919]
- Amendment
XIX
While women
had voted in some states before the adoption of the 19th Amendment,
this important amendment established uniform rules in all states
that guaranteed women the right to vote. [Ratified 1920]
- Amendment
XX
Sometimes called
the Lame Duck Amendment, this provision reduced the time between
the November elections and the beginning date of the new term of
office for the president and Congress. It also provides for presidential
succession should the president-elect die before taking office.
[Ratified 1933]
- Amendment
XXI
This amendment
repealed Prohibition as established in the 19th Amendment. Alcoholic
beverages became legal again in the United States. [Ratified 1933]
- Amendment
XXII
This amendment,
pushed by Republicans following the unprecedented election to four
terms of Democratic President Franklin D. Roosevelt, limited the
president to two terms. [Ratified 1951]
- Amendment
XXIII
Provides for
the first time for residents of the District of Columbia to vote
for three presidential electors. The election of 1964 was the first
time District residents could exercise their right to vote in a
presidential election. [Ratified 1961]
- Amendment
XXIV
Eliminates the
poll tax as a qualification for voting. The poll tax prevented many
individuals from voting, especially in the South where it was still
in use in five states as late as the 1960s. [Ratified 1964]
- Amendment
XXV
This amendment
clarifies the language regarding what happens when the president
dies in office or resigns. While it was a long standing custom that
the vice president succeeds the president, this amendment confirms
that the vice president becomes the president under these circumstances.
[Ratified 1967]
- Amendment
XXVI
This amendment
gives the right to vote to those 18 years of age or older. Its adoption
was prompted by the circumstances of the Vietnam War, where those
18 years of age were subject to be drafted into the military even
though they were not yet old enough to vote. This amendment corrected
that disparity.
- Amendment
XXVII
One of the most
unusual amendments because of the amount of time it took to be ratified,
this amendment provides that no congressional pay raise can take
effect until the voters have had a chance to go to the polls in
a congressional election. Throughout American history the issue
of congressional pay increases has often led to great political
controversy. Under this amendment, if Congress votes itself a pay
raise, they must face the voters before that raise goes into effect,
thereby giving the voters an opportunity to decide if the raise
is warranted. First proposed as one of the original amendments
to the Constitution in 1789, this amendment lay dormant and unratified
until a recent flurry of states ratified it. Since there was no
time limit specified in the original amendment in 1789, this provision
became part of the Constitution. [Ratified 1992]
- American
Civil Liberties Union
The American
Civil Liberties Union (ACLU), founded in 1920 to protect the constitutional
rights of individuals and institutions, has been in the thick of
many highly visible and often controversial cases involving free
speech and the protection of civil rights. The organization depends
on the support of dues-paying members and a corps of lawyers willing
to volunteer their services to protect the First Amendment of the
Constitution, and other constitutional provisions that bear on civil
liberties. To visit the ACLU homepage, click
here.
- Americans
for Democratic Action (ADA)
The ADA was
formed in 1947 to promote a liberal political agenda including civil
rights for all Americans. Among the founders of the organization
were former First Lady Eleanor Roosevelt; Walter Reuther, president
of the United Automobile Workers; John Kenneth Galbraith, economist;
Arthur Schlesinger, Jr., historian; and others, including Hubert
H. Humphrey, then mayor of Minneapolis, Minnesota, who later, as
a member of the U. S. Senate, would play a major role in the passage
of the Civil Rights Act of 1964. To visit the ADA homepage, click
here.
- Apportionment
and Redistricting
The boundaries
of congressional districts in all but the smallest states are redrawn
at the beginning of every decade to equalize their populations.
The need for such adjustment stems from the constitutional requirement
that congressional districts have equal populations, together with
a constantly shifting U.S. population. The alteration of old district
lines to achieve new ideal populations is the essence of redistricting,
or, as it is sometimes called, reapportionment. The first step in
congressional redistricting is called apportionment. The Census
Bureau calculates each state's share of congressional districts
when the decennial census is finished. The second step is to adjust
congressional boundaries within each state's border to achieve near
equality in district populations. The result of this two-stage process
is that district populations are made equal within states but, by
strict standards, remain relatively unequal across states. The authority
for congressional apportionment is constitutional. Article I, section
2 states that "Representatives shall be apportioned among the
states according to their numbers."
- Appropriation
Bill
A bill granting
the actual monies approved by an authorization bill, but not necessarily
to the total approved; must originate in the House.
- Article
I
The first Article
of the U.S. Constitution deals with the structure, duties, and powers
of the legislative branch of government, the part of government
that makes laws and has broad powers to influence the way all Americans
live and work.
- Article
II
Article II is
about the executive branch of government, how the president and
vice president are elected, their terms of office, the powers of
the president, and the president's powers in relationship to the
legislative branch of government. The Framers of the Constitution
wanted to strike a balance between an all-powerful executive and
a chief magistrate, an executive who would merely carry out the
laws passed by Congress. Throughout American history there has been
a constitutional tug of war between Congress and the president over
the proper exercise of power. Throughout much of the 19th century,
Congress held the upper hand in setting national policy and determining
the course of national action. In the 20th century, however, the
balance of power shifted in favor of the executive branch. Many
factors accounted for this shift, but among them were the growth
in the size and power of the executive branch as a result of two
world wars and the actions of government to end the economic depression
of the 1930s.
- Article
III
This article,
on the powers of judicial branch of government, is very brief and
contains very few details when compared with Articles I and II.
It was up to Congress to establish the actual structure of the federal
court system, which it did in the Judiciary Act of 1789. The Constitution
does not mention one important function of the Supreme Court, which
is known as judicial review, the right of the Supreme Court to declare
state laws unconstitutional. This practice was established in the
landmark case of Marbury v. Madison in 1803 and upheld in
many cases since that time.
Article
III, Section 2
This section
spells out the kinds of cases which can come directly to the Supreme
Court without having been heard first in a lower court. It also
provides for the familiar role the Supreme Court has of reviewing
decisions of lower courts, which is known as appellate jurisdiction.
Another very important provision of Article III, section 2 is the
right of anyone accused of a crime to have a trial by jury (except
in cases of impeachment).
Article
II, Section 2, Clause 3
This provision
of the Constitution is now obsolete. But it is a reminder of a time
when holding slaves was legal in the country and those who tried
to escape became fugitive slaves who could be captured and returned
to slavery.
Article
V
This article
describes the two methods by which the Constitution may be amended.
One requires both houses of Congress to pass the proposed amendment
by two-thirds vote in each house before submitting the amendment
to the states for their approval (ratification). The second method
is for two-thirds of the states to petition Congress to hold a national
convention to propose amendments which would have to be ratified
by three-fourths of the states. In the past 200 years there have
been thousands of proposals introduced in Congress to amend the
Constitution. But the Constitution has only been amended 27 times.
Considering that the first ten amendments, known as the Bill
of Rights, were adopted in 1791, during the first two
years of government under the Constitution, the Constitution has
only been amended seventeen times in the past 206 years.
Article
VI
This article
calls for the new federal government to assume the debts of the
earlier government which operated under the Articles of Confederation,
this nation's first constitution. This was one of the most hotly
debated topics at the Constitutional
Convention in Philadelphia in 1787. Article VI also declares
that the Constitution is the supreme law of the land, binding all
states and all courts to recognize that federal law takes precedence
over state law.
Article
VII
The shortest
of all the articles of the Constitution, it provides the number
of states necessary to ratify the Constitution. In 1787 there were
thirteen states and nine were required for ratification.
Articles
of Confederation
The Articles
of Confederation is the name of the first United States Constitution
used during the American Revolutionary era. It was introduced in
the Continental Congress on June 7, 1776, drafted by John
Dickinson and others, and sent to the states for ratification
on November 15, 1777. It was not ratified by a sufficient number
of states until March 1, 1781. The Articles of Confederation left
most power to the state legislatures. There was no federal executive
branch and only very limited federal court functions. Congress under
the Articles of Confederation was a unicameral, or "one house,"
legislature which sometimes acted on judicial and executive matters.
Members of the Confederation Congress voted by state with each state,
regardless of the number of delegates in attendance, receiving only
one vote. Congress could borrow money but most of its funds came
from the state legislatures. Many members of Congress and the state
legislatures were disappointed with the government as established
under this constitution and in 1787 Congress called for a convention
to revise the Articles of Confederation. The Federal Convention
that met in Philadelphia during the summer of 1787 went beyond mere
revisions of the Articles of Confederation and drafted a whole new
constitution, the one under which this nation is governed today.
You may want to compare the similarities and the differences between
the two constitutions. To see a copy of the Articles of Confederation, click here.
At-Large
Representatives
Representatives
from states with a population size qualifying for only one House
seat. At-Large Members represent Alaska, Delaware, Montana,
North and South Dakota, Vermont, and Wyoming.
Attorney
General
The chief law
officer and the legal counsel to the executive branch of government.
The office of attorney general was created by Congress in 1789.
The attorney general is also the chief administrator of the U. S.
Department of Justice.
Authorization
Bill
Authorization
legislation has two functions: to provide legal authority for federal
programs and activities and to authorize subsequent appropriations
to fund them. Authorizations are within the jurisdiction of all
House and Senate legislative committees, except the committees on
appropriations. The bifurcated process of setting policy through
authorizations and then separately appropriating annual funding,
in place since 1836, is not constitutionally required but was instituted
under the rules of the House and Senate to facilitate both policy-making
and annual appropriations. Congressional committee structure and
procedure draw clear distinctions between authorizing and appropriating
and the committees with those respective responsibilities.
Bargaining
A political
activity in which two or more congressmen attempt to influence each
other in order to reach an agreement.
Beltway
An interstate
highway encircling Washington, DC and passing through Maryland and
Virginia suburbs.
Bicameral
Composed of
two legislative bodies, or houses, through which all bills must
pass. Congress is a bicameral legislature, as are most state legislatures.
Bill
A proposed law,
printed, and presented to Congress for action that may lead to its
adoption through the legislative process. Many bills are introduced
into each session of Congress, but few actually become law.
Bill
of Attainder
The Constitution
prohibits Congress from passing any law that strips an individual
of civil rights or property.
Bill
of Rights
The first ten
amendments to the United States Constitution. For more information, click
here.
Bill
Referral
When a member
of Congress introduces a bill in the House or Senate, it is first
referred to the proper House or Senate committee that has jurisdiction
over the topic covered by the bill. Sometimes bills are referred
to more than one committee. The committee (or committees) examines
the bill and decides if it should be sent to the floor of the House
or Senate to be voted on by all the members. Sometimes a bill is
"killed" early in its journey through the House or Senate when it
is referred to a committee which is unfavorable to its provisions,
or when it is referred to several committees at the same time, which
is called a joint referral.
Bill
Sponsorship
When a member
of Congress introduces a bill, he or she is said to be the bill's
sponsor. A bill may have one or more sponsors. Many bills have hundreds
of sponsors. The more sponsors, the better the likelihood of passage
when the bill comes to the floor of the House or Senate. A member
may later decide to remove his or her name as a sponsor of a bill,
by announcing this change on the floor of the House or Senate.
Bipartisan
This word means
"two party". If a bill has bipartisan support, it means that both
major political parties, the Republicans and the Democrats support
it.
- Blocs
and Coalitions
Composed of
members of legislative assemblies who work and vote together in
pursuit of particular legislative goals, blocs and coalitions have
arisen despite attempts by political party leaders to maintain strict
party discipline. Such groups coalesce around policy issues on which
neither political party has established a position that satisfies
the constituents of group members. Congressional coalitions do not
form with the intention of dominating the entire legislative agenda.
Rather, they are interested in the resolution of particular and
immediate policy questions.
Blue
Dog Democrat
One of twenty-four
conservative Democratic Members of the House of Representatives
who have banded together to support a more centrist position on
economic issues than that held by their party's leadership.
The name comes from the artwork of Louisiana painter, George Rodrigue,
who is well-known for a series of paintings featuring an unusual
blue dog. The coalition formed after meeting regularly in
the offices of two Louisiana Members, whose walls featured the blue
dog paintings.
Brown
v. Board of Education of Topeka, Kansas (1954)
This was a landmark
civil rights case which struck down state laws which allowed for
racial segregation in public schools. Racial segregation of public
schools had been widely practiced in the United States and was sanctioned
by an earlier Supreme Court case, Plessy v. Ferguson (1896).
In the Plessy case the doctrine of "separate but equal" became
the law of the land. But seldom, if ever, were the education facilities
available provided to black school children equal to those of white
students. In 1954, however, the Supreme Court reversed its earlier
position and said: "Separate educational facilities are inherently
unequal." The Court cited the 14th Amendment of the Constitution
which guaranteed all citizens "equal protection of the laws." Click
here for more information.
Budget
A document sent
to Congress by the president in January, detailing estimated revenue
and expenditures for the next fiscal year and recommending appropriations.
This is the first step in the process of determining annual appropriations
bills for the money needed to keep the federal government operating.
Budget
Process
The power of
the purse granted to Congress in Article I of the Constitution has
long been an essential element of Congress's role as a policymaker.
In recent years, the budget process has become the central feature
of the internal operations of Congress. It affects the relative
power of committees, the resources of majority party leaders, the
rules and floor procedures, and Congress's ability to negotiate
with the president. Three important factors help explain the evolution
of the congressional budget process and judgments about its performance.
First, the experimentation in congressional budgeting since the
late 1960s reflects legislative attempts to adapt to a rapidly changing
budgetary, economic, and political environment. Second, the development
of the congressional budget process reflects the constitutional
separation of powers and institutional combat between the executive
and legislative branches. Third, apparent inconsistencies in Congress's
budgeting performance reflect the tension between two basic roles
of members of Congress: that of responsible national policymakers
versus that of local district representatives concerned about reelection
and oriented toward providing tangible benefits for constituents.
- Bully
Pulpit
A term which
stems from President Theodore Roosevelt''s reference to the White
House as a "bully pulpit," meaning a terrific platform from which
to persuasively advocate an agenda. Roosevelt often used the
word "bully" as an adjective meaning superb or wonderful.
Roosevelt also had political affiliation with the Progressive Party,
nicknamed the "Bull Moose" party. It got the moniker when
Roosevelt ran for President as its candidate in 1912, after declaring
himself as "fit as a bull moose."
- Byrd,
Robert Carlyle
Robert Carlyle
Byrd (b. 1917), a Democrat of West Virginia, served in the U. S.
House of Representatives from 1953 to 1959, and has served in the
U. S. Senate since 1959. He has served in leadership posts in Senate,
as Democratic whip from 1971 to 1977; minority leader from 1981
to 1987; majority leader 1977-81; and from 1987 to 1989. During
the filibuster of the Civil Rights Act of 1964, Senator Byrd was
the only non-southern Democrat to vote against cloture. He has written
about the filibuster of the Civil Rights Act in his 4- volume history
of the United States Senate. To read Senator Byrd's account of the
filibuster click
here
- Calendar
Schedule of
the order in which bills will be considered on the House or Senate
floor.
- Calendar
Wednesday
Procedure by
which standing committees may call bills out of regular calendar
order on Wednesdays; not often used.
- Call
up a Bill
To raise a bill
on the floor for immediate consideration.
Campaign
Committees
The four congressional
campaign committees- the Democratic Congressional Campaign Committee
(DCCC), the Democratic Senatorial Campaign Committee (DSCC), the
National Republican Congressional Committee (NRCC), and the National
Republican Senatorial Committee (NRSC)- were founded to assist in
the reelection of members of the House of Representatives and the
Senate. Though they continue to pursue this mission, their focus
has broadened to include the recruitment and election of challengers
and of candidates for open seats. They have also increased the kinds
and quantity of the assistance they provide to candidates.
- Capitation
Congress is
prohibited from levying taxes on the basis of an equal sum per person.
This is sometimes called a head tax or a poll tax.
- Capitol
Hill
The Capitol
Hill neighborhood is relatively compact, generally considered to
be bounded by Massachusetts Avenue on the north, the foot of the
Capitol on the west, E Street on the south, and Lincoln Park and
11th Street on the east. The most important buildings are the Capitol,
the Supreme Court, the Library of Congress (now in three separate
structures), the Folger Shakespeare Library, the Botanic Gardens,
and Union Station. The Capitol Complex includes the Russell, Dirksen,
and Hart Senate office buildings and the Cannon, Longworth, and
Rayburn House office buildings.
- Casework
Intermediary
work performed by members of Congress on behalf of constituents
who may have problems, or "cases," with the federal government.
- Caucus
An informal
group of Members sharing an interest in the same policy issues.
Every member of Congress is automatically a member of his or her
party caucus. Other examples include the Arts Caucus, the
Women's Caucus, the Black Caucus, the Rural Caucus, etc.
- Celler,
Emanuel
Emanuel Celler
(1888-1981), a Democrat of New York, served in the House of Representatives
for fifty years from 1923 to 1973. He was chairman of the House
Judiciary Committee from 1949 to 1952 and again from 1955 to 1972.
As a liberal Democrat he supported civil rights legislation that
came before his committee and played a key role in the passage of
the Civil Rights Act of 1964.
- Censure
An official
reprimand or condemnation.
- Census
Population count
held every ten years, pursuant to provisions of the U. S. Constitution.
- Chamber
The actual meeting
places of the total membership of either the House or Representatives
or Senate. The Senate chamber is the place where Senators gather
to debate and vote on bills. The House chamber, at the opposite
side of the Capitol from the Senate chamber, is where House members
gather to debate and vote on bills. Sometimes the chamber is referred
to as the "floor" of the House or Senate. When the members of the
House or Senate are gathered in their respective chambers, the entire
assembly is called a "house" of Congress or a "body."
Checks
and Balances
The mixing of
legislative, executive, and judicial powers in the U.S. Constitution
is known as the system of checks and balances. The mixing is particularly
noteworthy because the Constitution is based on the doctrine of
separation of powers, which requires clear demarcation of the powers
and responsibilities of the institutions entrusted with different
government functions. The separation of powers is an institutional
device fashioned partly to prevent the tyranny thought to result
from concentrating legislative, executive, and judicial powers in
a single person or in one part of the government. From their study
of history, however, the Framers of the Constitution understood
that the complete separation of functions had failed to prevent
the accumulation of different types of powers in one institution.
To help ensure that the powers would remain separated, the Framers
qualified the separation-of-powers doctrine by mixing executive,
legislative, and judicial powers, thereby giving each branch a set
of tools with which to prevent encroachment on its powers by either
of the other branches.
- Chief
Justice
The Chief Justice
of the United States is mentioned only once in the Constitution.
Article 3 of the Constitution, which is about the judicial branch
of government, does not refer to the Chief Justice. While the framers
of the Constitution planned for the establishment of a Supreme Court
and a federal court system, the details were left to Congress to
determine by law. The Federal Judiciary Act of 1789 established
the Supreme Court and the federal court system. It is proper to
refer to the Chief Justice as the Chief Justice of the United States,
not as the Chief Justice of the Supreme Court.
- Chuse
No, this is
not a misprint. It is merely an 18th century spelling of the
word choose. You will find chuse and chusing used elsewhere
in the Constitution.
Civil
Liberties
Civil
Liberties is the overall term for the fundamental liberties,
privileges, and immunities of citizens that are protected
by law.
- Civil
Rights
Civil rights
are those rights that belong to all persons who are citizens of
a state or country. These include those rights enumerated in the Bill
of Rights and subsequent amendments to the Constitution, including
the 13th, 14th,
and 15th amendments.
Not all citizens have had the equal benefit of civil rights, especially
minorities, such as African Americans and other ethnic or religious
minorities, and women. The laws of the United States in the last
half century have generally moved in the direction of guaranteeing
all Americans full protection of the law and full exercise of their
civil rights. The civil rights movement of the 1960s made great
strides forward in this area. Since the passage of the Civil Rights
Act of 1964, this important law has been expanded and modified on
numerous occasions to address the continuing struggle to insure
the civil rights of all Americans are protected and that the law
is fair to all.
- The
Civil Rights Act of 1957
This law, the
first civil rights legislation passed in eighty years, was introduced
by the Eisenhower administration in 1956. Congress, after much delay
and debate, passed it the following year. It was limited in scope
and not as far-reaching or as comprehensive as the Civil Rights
Act of 1964. It did, however, create a Civil Rights Commission and
a civil rights division in the Department of Justice. It prohibited
interference in the exercise of voting rights but depended on the
filing of citizen complaints before voting irregularities would
be investigated by the federal government. This act was an important
first step which helped pave the way for additional legislation
related to civil rights.
- Civil
Rights Act of 1960
This act attempted
to deal with some of the deficiencies of the Civil Rights Act of
1957 and strengthen protection of African Americans exercising their
right to vote. But a key provision of the bill which would have
provided for federal voting registrars in the South was defeated
by southern opposition. The act did require that voting and registration
records be preserved. It extended the life of the Civil Rights Commission.
It also made any criminal act using explosives a federal crime for
the first time.
- Clean
Bill
Bill written
by a standing committee, incorporating recommended changes plus
what is left of the original bill into a new measure with a new
bill number.
- Clerk
of the House
The chief administrative
officer of the House of Representatives. The Clerk creates
and maintains legislative documents, voting tallies, and other records.
Cloakrooms
L-shaped rooms
located adjacent to the House and Senate chambers and beneath the
visitors' galleries, the Capitol cloakrooms were originally used
for storing members' personal belongings while they were on the
floor. Both the House and Senate have Democratic and Republican
cloakrooms, modestly furnished with chairs, sofas, and telephones.
Members use the cloakrooms to conduct conversations without disrupting
business on the floor. They may discuss strategy on legislation,
conduct business by telephone, purchase a light meal, read newspapers,
watch television, or rest. Cloakrooms are among the few areas of
the Capitol restricted to members only. No personal staff members
are allowed in the cloakrooms; selected committee staff may be allowed
access when they have legislation pending on the floor. Over time,
communications equipment has been added, and the cloakrooms have
become clearinghouses for information relating to the status of
business on the floor and centers for disseminating information
from the leadership to the members. Staff persons and pages are
assigned to the cloakrooms to relay messages to members, to inform
them regarding the scheduling of legislation, and to notify members
when their presence is required on the floor.
- Closed
Rule
A rule by the
House Rules Committee that limits or prevents amendments to a bill
placed on the Calendar.
- Cloture,
or Closure
The procedure
used to cut off debate and end a filibuster is known as cloture.
A filibuster is a delaying tactic used in the Senate to prevent
a vote on a bill or resolution. The Senate, unlike the House of
Representatives, has a tradition of unlimited debate. The Senate
cannot stop debate as long as at least one Senator objects to cutting
off the debate. Therefore, a Senator, or a small group of Senators,
could delay the business of the Senate by keeping control of the
floor in endless debate. Senate rules were changed in 1917
to help control filibusters by creating a procedure called cloture,
which means to bring a debate to a close. Under the cloture rule
(Senate Rule XXII), if at least 16 Senators want to end debate they
can petition the Senate. Two days after the filing of the petition
the Senate would take a vote to end debate by placing a one-hour
time limit on each Senator. Debate, and therefore the filibuster,
would be ended and the matter before the Senate would be brought
to a vote if two-thirds of the Senators present voted for cloture.
This was the rule in force during the debate on the Civil Rights
Act of 1964. In 1975, however, the rule on cloture was changed to
reduce the number of votes required to invoke cloture from a two-thirds
to three-fifths of those present. In other words, since 1975 it
has been easier to cut off a filibuster than it was before. If,
however, the Senate is filibustering consideration of a change in
a Senate rule rather than a bill, two-thirds of the members present
are still required to achieve cloture. During Senate consideration
of a civil rights bill in 1957, for example, Senator Strom Thurmond
of South Carolina opposed the bill and filibustered it by holding
the floor of the Senate for 24 hours and 18 minutes. During the
long filibuster of the Civil Rights Act of 1964, the Senate stayed
in session around the clock, forcing Senators to eat and sleep near
the Senate chamber.
- Coalition
A temporary
alliance of individuals or groups, often from opposing political
parties.
- COLA
|