CLEP American Government study materials
CLEP American Government study resources

CLEP American Government: Institutions and Policy Processes: Presidency, Bureaucracy, Congress, and the Federal Courts

CLEP American Government · Work through your exam, one topic at a time.

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Institutions and Policy Processes: Presidency, Bureaucracy, Congress, and the Federal Courts

Presidency

Formal powers come from Article II: commander in chief, treaties (ratified by two-thirds of the Senate), veto (overridden by two-thirds of each chamber), pardons, and appointments with Senate consent. Informal power grows from the "take care that the laws be faithfully executed" clause, executive orders, executive agreements, and the bully pulpit. Traps: there is no federal line-item veto (Clinton v. City of New York, 1998); a pocket veto works only if Congress adjourns within ten days; and the War Powers Resolution (1973) requires notification within 48 hours, not prior congressional approval.

Congress

Bicameralism matters: the House originates revenue bills and its Rules Committee controls floor debate; the Senate allows unlimited debate unless cloture wins 60 votes. Committees draft and kill most legislation, and conference committees reconcile chamber versions. Trap: filibusters do not apply to budget reconciliation or (since the 2010s) most nominations.

Bureaucracy

Departments sit in the cabinet hierarchy; independent agencies and regulatory commissions exercise rule-making, implementation, and adjudication. Discretion expands when statutes are vague, and iron triangles link agencies, committees, and interest groups.

Courts

Judicial review (Marbury v. Madison, 1803), original versus appellate jurisdiction, the rule of four for granting certiorari, and stare decisis. Only the Senate confirms judges.

Rule of thumb

When asked "which branch checks which," name the specific mechanism. Congress checks the courts by confirming judges, adjusting jurisdiction, or amending the Constitution - not by ignoring rulings.