Administration
The president and agencies of the Executive Branch.
The president is responsible for carrying out laws passed by Congress. This is done through various agencies - referred to collectively as the administration. The president appoints the head of each organization (Senate approval is required). Virtually everyone else working for these agencies is a career professional who maintains their position from one president's administration to the next.
Appropriations & Authorizations
Congress determines how Public Money is spent by the federal government. It is a two-step process.
First, Congress must pass an appropriation bill to specify the maximum amount that an agency or program can receive.
To actually spend the money, Congress must pass an authorization that directs ways in which the money should or should not be used.
Ballot Measure
The United States is not a strict Democracy. As defined by the Constitution, public policies typically are enacted by people we vote to represent our interests, rather than by a direct vote of people.
This is similar at every level of government - federal, state, and local.
Ballot measures are a way of circumventing the process defined by Constitution and providing citizens the power to affect public policy by a direct vote.
Types of ballot measures include...
o Initiative: A group of citizens propose a policy. They then petition for the proposal to appear on a ballot. If the petition receives enough signatures, citizens will vote directly on whether to enact the policy.
o Amendment: Citizens of a state vote on a proposed change to that state's constitution.
o Recall: Citizens vote to remove an elected official from office. The group initiating the recall must collect enough signatures on a petition in order for the recall election to take place.
Bill
A proposal for a new law. Examples of a bill might be...
o Explicitly making something illegal (or legal)
o Naming a federal facility such as a building or airport.
For the most part, a bill can be first proposed in either house of Congress (the Constitution stipulates that bills allocating money must originate in the House of Representatives)
If both houses of Congress approve identical versions of a bill, it then is up to the president to decide whether to allow it to actually become a law. The president can approve it by signing it, or reject it by vetoing it.
Bill Number
An identifier for each piece of legislation proposed by Congress.
Bill numbers are comprised of a letter code followed by a sequential number.
o S: A bill originating in the Senate
o CR: A Concurrent Resolution
o HJRES: A Joint Resolution originating in the House
o SJRES: A joint resolution originating in the Senate
Bill of Attainder
A bill that imposes a punishment on specific individuals or members of a group.
This violates Article 1, Section 9 of the Constitution.
Bill of Rights
The first 10 amendments to the U.S. Constitution. They provide citizens with basic protections from the federal government.
Branches of Government
The Constitution defines our government as consisting of 3 branches - each intended to "check and balance" the other two.
Legislative
Congress. Congress writes laws that govern everything from tax rates to how tax money is spent.
Of the 3 branches, the legislative branch is the one most likely to have a direct effect on your life. Your representative represents you and the Congressional District you live in - approximately 700,000 people.
Executive
The US president and various agencies responsible for carrying out laws passed by Congress.
The president appoints the head of each agency (Senate approval is required). Virtually everyone else working for these agencies is a career professional who maintains their position from one president's administration to the next.
Judicial
The system of courts that determine if a law is consistent with or violates the Constitution.
The most well-known of the court system is the Supreme Court. The Supreme Court is the final authority on whether a law violates the Constitution. The court does not actively seek laws to judge. Rather, it decides cases that are brought to it by challenges to a law ruled on by a lower court.
Supreme Court justices are appointed by the president (Senate approval is required), and have lifetime terms.
For more, see our pages on the...
o Legislative Branch
o Executive Branch
o Judicial branch
Budget Reconciliation
A special type of bill that can be passed in the Senate with a simple majority - it is not subject to filibuster.
As the name implies, this type of bill is used on legislation that affects spending or revenue (taxes).
The way it works is Congress creates a resolution - a budget plan for in an area such as health care, education, or the military. The resolution can direct related committees to create legislation that conforms to the budget requirements contained in the resolution. This legislation must conform to the Byrd Rule.
Once the House and Senate agree on the exact language, debate in the Senate is limited and can be passed with a simple majority vote.
For more, read the Center for Budget and Policy Priorities report.
Budget Scoring
(Coming)
Byrd Rule
A Senate rule named after Sen. Robert Byrd requiring that budget reconciliation be used only on legislation that has a direct effect on spending or revenue.
Click here for a more detailed description of how the Byrd Rule works.
Cloture
A Senate procedure to end debate on a bill. It takes three-fifths of all senators (60 votes if there are no vacancies) to invoke cloture.
In recent years, the Senate has allowed for merely the threat of a filibuster to serve as a filibuster. Because of this, a bill cannot even be considered unless there would be enough votes to end the (threatened) filibuster. So in a twisted sense of the procedure, it now takes 60 votes to even begin discussion of a bill.
For more, read Lobby99's discussion on the filibuster by clicking here.
Concurrent Resolution
A Congressional action that usually affects Congress itself - such as a the rules of Congress or to express a sentiment of Congress.
As with a bill, identical versions must be passed by both houses of Congress in order for it to take effect. It does not require the president's signature and it does not carry the force of law.
Conference Committee
Before a bill can be sent to the President to sign into law, the House of Representatives and the Senate each must pass identical versions of the bill. If the bills contain different provisions, a small group of Representatives and Senators meet to agree to changes that both houses can agree to, so that identical versions can be passed.
This group of Representatives and Senators is called a Conference Committee.
Congress
The group of people who create federal laws and public policy, as defined in Article 1 of the U.S. Constitution.
Congress is made up of two separate entities, referred to as houses.
o The House of Representatives.
o The Senate.
Although the House of Representatives and the Senate act independently from each other, legislation cannot become law unless both houses of Congress agree on identical wording for the legislation. That single bill then is sent to the president to be signed into law.
Congressional Committee
(Coming)
Congressional District
There are 435 voting members of the House of Representatives. As specified in the Constitution, each state is given one representative by default. The remaining 385 representatives are nearly equally divided among the U.S. citizens.
States that have more than one representative (all except the smallest ones) divide their state into congressional districts - each represented by a representative. Districts within a state must have approximately equal numbers of citizens. However, there are no geographical restrictions set on congressional districts, and state legislatures typically try to create districts that favor the majority party's chances to maintain that majority. There is a saying that, if elections are the process through which voters choose their representatives, then redistricting is the process through which representatives choose their voters (see gerrymander.
Note: Congress determines the total number of representatives that will be distributed among the states - within the limits specified in the Constitution. Congress set that number to 435 in 1911, and it has remained at that number since.
Congressional Session
Each 2-year Congressional term consists of two annual sessions.
Congressional Term
A term of Congress begins on January 3 of odd years - following November elections which take place in even years. This is specified in the 20th Amendment of the Constitution.
The 20th Amendment allows Congress to change that date.
Congressional terms are numbered starting from the time the Constitution was enacted. The 114th Congress began on Jan 6, 2015, because the 113th Congress changed the date.
Each term is divided into two annual sessions.
Congressman
Another name for a Representative.
Constitution
The document that defines the structure of the United States government, and provides a framework for how it operates - including the making of laws.
If there is a question about whether a law or government action violates a provision of the Constitution, a federal court (including the Supreme Court), may rule on whether the law or action is constitutional - meaning it is consistent with the Constitution - or unconstitutional - meaning it violates a provision of the Constitution (
You can read the entire text of the constitution here.
Constitutional Amendment
A change to the U.S. Constitution (or a state's constitution).
Continuing Resolution (CR)
Legislation that extends the funding of government functions and services for a limited period of time. Funding typically remains at the current levels.
Because federal money cannot be spent without first being budgeted, Continuing Resolutions keep the government running when both houses of Congress and/or the president cannot agree on a budget either at the end of a fiscal year or the expiration of the previous Continuing Resolution.
Declaration of Independence
The document that declared that the United States was its own country - no longer a part of England.
Its final wording was agreed on July 4, 1776 - which traditionally is considered to be the birthday of the United States. A more accurate birthday, however, is two days earlier - when the Second Continental Congress voted to declare independence.
You can read the Declaration of Independence at that National Archives.
Discharge Petition
A petition in the House of Representatives to force the House to consider a bill that has not been passed by a committee - even against the will of the House Speaker.
If 218 representatives (a majority of voting representatives) sign the petition, the bill becomes "discharged" from the committee and can be discussed and voted on by the full House.
District
Equal Protection Clause
Part of the Constitution's 14th Amendment, which states
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
For more, read the Legal Information Institute explanation.
Executive Order
An instruction by the president on how the federal government should operate - including how federal agencies should enforce laws.
They are published in the Federal Register.
Executive orders are similar to laws passed by the Congress in that they are fully enforceable and can be challenged for their constitutionality. They differ from laws passed by Congress in that they can be nullified or changed by a future president.
Federal Register
A daily government publication that contains regulations, proposed rules, executive orders, and other government documents.
You can view the Federal Register at www.FederalRegister.gov.
Filibuster
Senate rules allow for a senator to speak for as long as he or she wants when debating a bill. When a senator (or group of senators) knows they are a minority in opposiing a bill, they can utilize this rule to kill the bill by speaking indefinitely. This tactic is called a filibuster.
A filibuster can be ended if three-fifths of all senators vote to end it - known as invoking cloture.
That is how filibusters used to work. Today, modern Senate rules allow a senator to merely threaten to filibuster (silent filibuster), rather than forcing him to actually speak (talking filibuster). In order for a bill to proceed under a silent filibuster, three-fifths of all senators then must agree to allow the bill to continue.
This means that it effectively takes 60 senators (out of 100) for any legislation to proceed.
For a deeper understanding, read our discussion of the filibuster.
While there is no similar procedure in the House of Representatives, House rules allow for the Speaker, majority leader, and minority leader to speak for unlimited amounts of time.
Related terms: Senate, Cloture
Government Shutdown
As with private companies, work done in government agencies is performed by employees who need to get paid.
The public money to pay government employees must be allocated yearly by Congress (though a continuing resolution can extend that).
Unless that money is appropriated (either by a budget or a continuing resolution), there would be no money available to pay government employees. Therefore, most would not be allowed to work.
What could happen during a government shutdown?
o Federal tax refunds could be delayed.
o Thousands of children could temporarily lose access to Head Start programs.
o National parks and historic sites would be closed.
What likely would not happen?
o Delivery of Social Security benefits would not be affected.
o Mail delivery would not be affected since the U.S. Postal Service operates as a self-funding corporation.
House of Representatives
The House of Representatives is one of two bodies of elected officials that comprise Congress (the other is the Senate). It is comprised of 435 voting members, divided among the states based on each state's population. A state has a minimum of 1 representative. With 53 representatives (each representing a congressional district), California has the most.
Representatives (also referred to as congressmen) are elected to a term of 2 years. Every 2 years, each House seat is up for re-election.
To create a law, each of these Houses of Congress (the Senate and House of Representatives) must approve identical bills (although most bills can originate in either House, the Constitution stipulates that bills involving appropriations must originate in the house). The bill then must be signed by the president to actually become a law.
Initiative
A way in which citizens (usually at a state-level) can make laws that their elected representatives would not.
A typical process for an initiative is for a petition to collect enough signatures to place it on the ballot for an election. Citizens then vote for or against it. If the initiative passes, it becomes law.
Joint Resolution
A proposed law similar to a bill.
A joint resolution typically is not used to enact a law that will be incorporated into the U.S. Code. Rather, it usually is used to...
o Enact a continuing resolution (CR)
o Create temporary commissions
o Provide a temporary exception to an existing law
o Declare war
o Propose an amendment to the Constitution
The procedure for passing a joint resolution is virtually identical to that for passing a bill. Identical versions must be passed by both the House of Representatives and the Senate, and it must be signed by the president.
Legislation, Legislature
A legislature is a group with the power to make laws. In the United States, this can be Congress, or each house (Senate or House of Representatives) individually. At the state level, it can be state senates, assemblies, etc.
Legislation is a law that is passed by a legislature.
Motion to Proceed to Consider
Usually called a motion to proceed, it is a proposal in the Senate to bring a bill up for consideration when there is opposition to the bill.
Because the motion to proceed is itself open to debate, it can be subject to a filibuster.
Must-Pass Legislation
A bill that if not passed will result in a significantly detrimental situation. These bills usually are those that fund large programs or agencies, so that if the bill does not pass funding for these programs or agencies would stop once the existing funding expired.
Often Congress will attach a rider to a must-pass bill as a way to enact a controversial provision that either would not pass Congress or be signed by the president on its own.
National Instant Criminal Background Check System (NICS).
(Coming)
Notice of Proposed Rulemaking (NPRM)
A notice that announces the intent of a federal agency to implement a new rule or regulation. The notice typically includes the opportunity for public comment.
NPRMs are published in the Federal Register. However, a simpler way to learn about them - as well as provide your comments during the allowed comment period - can be found at www.Regulations.gov.
If an agency decides to make significant changes to a rule before it becomes final, it will issue a Supplemental Notice of Proposed Rule Making (SNPRM). This will require an additional comment period.
Nuclear Option
Senate rules normally require 60 votes (out of 100 senators) to overcome a filibuster.
Senate rules also, however, can be changed with a simple majority vote. Therefore, one way the Senate can overcome a filibuster without the required 60 votes is to simply change the rules to require only 50 votes to overcome it.
This has become known as the nuclear option.
Although the rules change has been referred to as the nuclear option, it is a legal option that has been used several times in the past - including to eliminate the filibuster from the House of Representatives. Click here to read a detailed (yet easily readable) report that discusses both the tactics and how they have been used in the past.
To read more about the real consequences to American citizens from obstructing legislation and presidential appointments, read this report from the Center for American Progress.
Omnibus Legislation
A bill that deals with several subjects and programs.
Parliamentarian
An official advisor to a governing body who interprets the rules of that body to ensure they are followed.
The parliamentarians of the Senate and House of Representatives are non-partisan. They act in an advisory role only, and can be overruled.
Click here to visit the official website of the House of Representatives Parliamentarian.
For more on the role of the House and Senate parliamentarians, read this Congressional Research Service report.
Political Party
(Coming)
Pro Forma Session
A session of Congress in which no business is conducted.
One of the more controversial uses of pro forma sessions has been their use by the Senate, during what otherwise would be a recess, to prevent a president from making a recess appointment.
Public Comment Period
Before a government agency implements proposed rules or regulations, members of the public are given the opportunity to tell the agency their thoughts about the new rules.
Comments can come from both organizations and individuals. The amount of time allowed for comments (typically 90 days) is called the public comment period.
For more about regulations and how you can provide comments, visit www.Regulations.gov.
Recess Appointment
Normally, the Senate must approve appointments to key positions in a president's administration. But what if the Senate is not in session?
According to Article 2, Section 2 of the Constitution...
"The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session."
Presidential appointments made during a Senate recess are called recess appointments. They do not require Senate approval and may remain in effect throughout the next session.
Presidents have used recess appointments to bypass a Senate that is blocking a nomination. The Senate has responded by holding pro forma sessions to keep the Senate in session.
The scope of a president's ability to make recess appointments is questionable, however. Before the Constitution was ratified, Alexander Hamilton wrote in the Federalist Papers (No. 67) that...
The ordinary power of appointment is confined to the President and Senate JOINTLY, and can therefore only be exercised during the session of the Senate; but as it would have been improper to oblige this body to be continually in session for the appointment of officers and as vacancies might happen IN THEIR RECESS, which it might be necessary for the public service to fill without delay, the succeeding clause is evidently intended to authorize the President, SINGLY, to make temporary appointments "during the recess of the Senate, by granting commissions which shall expire at the end of their next session."
During the early days of the country, Congress might be in session for less than half of the year, leaving long periods when critical positions could not otherwise be filled.
Regulation (or Rule)
After the president signs a bill into law, federal agencies create regulations on how the law should be implemented.
Creating a regulation is a lengthy and detailed process specified in the Administrative Procedures Act (APA) and other laws.
Among other requirements, proposed rules must be published in the Federal Register and a public comment period must be provided.
For more about regulations and how you can provide comments, visit www.Regulations.gov.
Click here for a chart laying out the rule-making process.
Representative
An elected member of the House of Representatives.
The House of Representatives consists of 435 representatives - from all 50 states plus U.S. territories. You are represented by the representative elected by your Congressional District.
Representatives are elected to two-year terms.
Rider
An additional provision of a bill that usually has nothing to do with the purpose of the bill.
Once a bill is approved by both houses of Congress, the president must either sign or veto the bill as an entirety. The Constitution does not allow for line-item vetoes. Therefore, riders generally are added to bills for two opposite reasons...
o To add a "poison pill" to a bill that would compel the president to veto it. This would allow the majority party in Congress to claim they passed popular legislation and it was the president who killed it.
Senate
The Senate is one of two bodies of elected officials that comprise Congress (the other is the House of Representatives). It is comprised of 100 members - 2 senators from each state.
Senators are elected to a term of 6 years. The terms are staggered every 2 years, so that every 2 years one-third of the Senate seats will be up for re-election.
To create a law, each of these Houses of Congress (the Senate and House of Representatives) must approve identical bills. The bill then must be signed by the president to actually become a law.
Senator
An elected member of the Senate.
The Senate consists of 100 senators - two from each of the 50 states. The senators from each state often are referred to as the senior senator (the one who has been in the Senate the longest) and the junior senator. However, the Constitution makes no such distinction, and both Senators are considered to be equals.
Senators are elected to six-year terms.
Signing Statement
(Coming)
Sine Die
A term used to describe an adjournment of Congress when no day is specified to reconvene.
The most common use is when Congress adjourns for the last time in a year to end a Congressional session.
The name sine die is Latin for "without a day".
For more on the effects of a sine die adjournment, read the Congressional Institute report.
Speaker of the House
The leader of the House of Representatives.
The House Speaker is elected by representatives each Congressional term. Because each member of the House has a vote, the Speaker effectively is guaranteed to be of the same political party as the majority of members.
The 1947 Presidential Succession Act specifies that if both the president and vice president become unable to serve, the Speaker of the House will become the president (assuming he or she is able to serve).
One interesting note. Although the Speaker of the House always has been a member of the House of Representatives, the Constitution does not require that.
Term Limit
A law that limits the number of terms a representative can serve in an elected office.
The Constitution's 22nd Amendment limits the president to two terms. There are no limits to the number of terms representatives or senators can serve.
Read Lobby99's perspective on term limits.
U.S. Code
The laws of the United States.
When a bill becomes a law, it becomes part of the U.S. Code. The law might add a completely new section to the U.S. Code, or it might change an existing law.
Veto
Once Congress passes a bill, it then is up to the president as to whether it actually becomes a law. He can sign the bill, making it an official law. Or he can reject it by vetoing it.
Though that is the essence of how a bill becomes a law (or doesn't become one), there are a few variations that can come into play...
o If the president does not sign or veto the bill within 10 days, it automatically becomes law.
o If the president does not sign or veto the bill within 10 days, but Congress adjourns during that 10 days and is no longer in session, the bill is automatically vetoed. This is referred to as a pocket veto
White House
The White House (which really is white), is the official residence and office of the president.
The term also is used as a general way to refer to the president's administration. For example, "The White House announced that..."
Website: www.WhiteHouse.gov.