Unit 4 Legislative Branch Study Guide

House of reps (requirements)

25 years old, 7 years citizen, live in state

Senate (requirements)

30 years old, 9 years citizen, live in state

Enumerated (Expressed) Powers (Article I, Section 8)

• Levy taxes

• Borrow money

• Regulate interstate & foreign commerce

• Coin money

• Declare war

• Raise and support armed forces

• Establish post offices

Implied Powers

• Based on the Necessary and Proper Clause (“elastic clause”)

• Allows Congress to pass laws needed to carry out enumerated powers

Supremacy Clause

Federal law > state law

Interstate Commerce Clause

Congress can regulate trade between states

17th Amendment

Senators elected by popular vote (not state legislatures)

Standing Congressional Committee

A permanent committee in the House or Senate that writes, reviews, and amends legislation in a specific policy area.

Select Congressional Committee

A temporary committee created by Congress to investigate a specific issue or problem.

Joint Congressional Committee

Both chambers

Conference Congressional Committee

Resolve House–Senate bill differences

Ways & Means (House)

Taxes

Appropriations

Spending

Rules (House)

Controls debate

Finance (Senate)

Taxes

Foreign Relations (Senate)

Foreign policy

Legislative

Write bills

Oversight

Monitor executive branch (Hearings, investigations)

Chairs chosen by ___

majority party

____ often determines chairmanship

Seniority

Impeachment

• House impeaches (majority vote)

• Senate convicts (⅔ vote)

Veto Override

⅔ of both chambers

War Powers Act (1973)

• President must notify Congress within 48 hours

• Troops withdrawn after 60 days without approval

Congressional Approval Ratings

• Typically very low (often below 30%)

• People like their own representatives more than Congress as a whole

Congressional Demographics

• Disproportionately:

  • Older

  • Wealthier

  • White

  • Male

• More diversity than in the past, but still not fully representative

House

• 435 members

• 2-year terms

• Revenue bills start here

• More rules, limited debate

Senate

• 100 members

• 6-year terms

• Confirms appointments & treaties

• Filibuster allowed

similarities house and senate

• Make laws

• Oversight

• Committees

Discharge Petition

Forces bill to floor (218 signatures)

Committee of the Whole

Speeds debate, lower quorum (100) (The House meets as one large committee instead of as the full House)

• Debate rules are relaxed → easier to discuss and amend bills

• Cannot pass a bill—only debates and amends it

• Used mainly for taxing and spending bills

• Makes lawmaking faster and more flexible

• Allows members to propose amendments more easily

Filibuster

Unlimited debate

Cloture

Ends filibuster (60 votes)

Holds

Senator delays action

Incumbency Advantage

• Name recognition

• Casework

• Fundraising

Elections

• Primaries: Choose party nominee

• General election: Winner chosen

Redistricting

• Based on census

• Gerrymandering: Drawing districts to favor a party

• Apportionment: Number of House seats per state

Gerrymandering

• Drawing districts to favor a party

Apportionment

Number of House seats per state

Logrolling

Members trade votes to get their own bills or amendments passed
(“I’ll vote for yours if you vote for mine”)

Pork-barrel spending

Funding local projects

Shaw v. Reno (1993)

• Racial gerrymandering can violate Equal Protection Clause

• Districts cannot be drawn primarily based on race

Baker v. Carr (1962)

• Established one person, one vote

• Made redistricting a justiciable issue

Citizens United

• Corporations & unions can spend unlimited money independently

• Led to Super PACs

Buckley v. Valeo (1976)

• Spending = protected speech

• Contribution limits allowed

Speaker of the House

Most powerful House member

Majority/Minority Leaders

Party leaders

Whips

Count votes, enforce discipline

Committee Chairs

Control agendas

Congressional Checks on Executive

• Override veto

• Impeach

• Control funding

• Senate confirmations

Congressional Checks on Judicial

• Approve judges

• Impeach judges

• Create lower courts

• Amend Constitution

Checks on the Power of Congress

• Presidential veto

• Judicial review

• Elections

• Bicameralism

• Filibuster

Divided Government

• President and Congress controlled by different parties

• Leads to compromise or gridlock

Gridlock

• Difficulty passing laws due to:

  • Polarization

  • Divided government

  • Filibusters

• Slows policymaking