AP US GOV - Unit 6, Congress

Federalist #51

Federalist #51

Who wrote The Federalist No. 51?

James Madison

• Where were the Federalist Papers published?

The New York Newspapers 

• Why were the Federalist Papers written? (provide the historical context)

To convince the people to ratify the new US constitution 

Claim / Thesis: key aspects of the constitution guard against human nature and prevent tyranny 

Evidence & Reasoning:

Evidence #1: The Constitution sets up a system of SEPARATION OF POWERS

Reasoning #1:  it divides up the powers of the government, among the branches (separation of powers)

• Separation of powers has prevented government tyranny because all of the branches do not rely on each other to execute their powers (all branches have separate powers & all get their power from the constitution)

Evidence #2: The Constitution creates a system of CHECKS & BALANCES

Reasoning #2: a checks and balances system ensures that one branch doesn’t overpower the other (as people are viewed as imperfect, and possibly power hungry)

• this system prevents those types of people from coming into power, and trying to influence all of the government (It does this by giving each brand specific powers that allow each branch to limit the other branch. 

Evidence #3: The Constitution establishes a system of FEDERALISM

Reasoning #3: in both federalism, and separation of powers, the executive, legislative, and judicial branches are in both national, state and local government. This division of power ensures that the power is divided between levels (national, state, local), this also works with different branches (executive, legislative, and judicial)

The Constitution is a large republic that ensures a large amount of FACTIONS will exist

Reasoning #4:  As tyranny of the majority is dangerous for minority rights of the people. The constitution ensures that as more factions are created it makes it harder for a tyrannical majority faction to exist. 

What role does congress play in our constitutional system?

1. Represent the people 

2. Make laws (formulate public policy)

3. Ensure the execution of laws within checks and balances 

Delegate model of representation

representatives who do only what their constituents want 

Trustee model of representation

representatives who use their “best” judgment on issues (without regard for their constituents preferences)

Politico model of representation

a combination of delegate, and trustee models where representatives act first as trustees, and follow their judgment until their constitution become vocal about on issue (then they will act as delegates on the issue)

Descriptive representation

the idea that elected officials should democratically mirror the people they represent 

Substantive representation

the ability of a legislator to represent the agenda/interests of a demographic group (which the legislator doesn't personally belong to)

Cloture Vote ((only in the senate, senate rule 22)

 an official motion that ends a debate and brings up a vote (needs at least 60 votes)

Filibuster

any attempt by a senator or group of senators to delay or block senate action on a bill 

• The filibuster does exist in congress, but for the supreme court (not lower courts) requires 60 votes to pass a cloture 

• Called the nuclear option 

Rules Committee

can decide the ground rules for the bill while it's on the house (how long people can debate, and if amendments can be added to debates) 

• used for open, or closed rules

Discharge Petition

a petition, in order to be passed it must be signed by a majority of the members of the house (say yes or no for a bill) in order for it to be brought to the floor for a vote 

• Members votes are available to the public (this has caused the amount of discharge petitions to decrease) 

Override Veto

the president vetoes the bill, the bill is sent back to congress (in order to override the veto the house & senate with a ⅔ vote, and the bill is passed without the president's signature) - super rare!!

Conference Committee

made up of original house and senate committee members that combines the senate and house version of the bill (last group of people who can edit a bill)

• a type of join committee

Riders

 a nongermane amendment added to a bill (used on floor of the senate)

Open / Closed Rules (only in the house)

 after the bill passed the full committee, and before it can go to the house, the rules committee can decide the ground rules for the bill while it's on the house (how long people can debate, and if amendments can be added to debates) 

Mark-Up

 writing or editing bills in a committee, or subcommittee 

Pigeonholed

when a bill is stuck in a committee / subcommittee (they haven't voted on it, or talked about it ) the chair refuses to schedule to a bill

Germane

people cannot go off topic when talking on the floor about a bill (they must be on topic when speaking about a bill)

• Used in the house of representatives Pocket veto

Pocket veto

the president can choose not to sign the bill because congress’s 2 year service is over and the bill, and congress cannot override the bill (can only happen in the last 10 days of congress’s service, at the end of the year) 

Opponents of legislation:

• Provides more opportunities to kill any bill that is much more likely to fail than to pass

The house:

The majority party in the house because they only need a simple majority for each step of the lawmaking process

• The house has a more centralized power because of the House Speaker 

The senate: 

The minority party (because of the threat of the filibuster & the 60 vote requirement for a cloture motion to bring any bill to a vote)

Party polarization

a vote in congress in which a majority of voting democrats oppose a majority of voting republicans 

• Less liberal republicans, and less conservative democrats 

• In congress party polarization has increased

Why has there been an increase in polarization?

• Realignment of conservative southern democrats to republicans in the 1960s

• More ideologically extreme candidates 

• Competitive elections incentivise both parties to not compromise with their opponents (for political reasons)

• Increased importance of money forces candidates to appeal to political elites  

• Gerrymandering creates more safe districts, which results in more ideologically extreme house of rep members 

• The seniority system in congress gives more power to certain committees & leader positions to the most senior members (they tend to be the most ideologically extreme) 

Congress & the budget

• Congress helps to set the budget, and studies the president's proposal (with the help of the congressional budget office, CBO)

• Then they have budget resolution 

• The budget is made up of 12 separate appropriation bills, and each funds a different part of the federal government (they all have to be passed individually)  

• Each subcommittee in house & senate have 12 subcommittees for each of the 12 bills in order to make the final spending decisions 

Government shutdown: 

• A government shutdown will occur if the federal government doesn't have a budget in place for the next fiscal year (total none of the bills were passed, partial means that some of the bills were passed, and some weren’t)

• Essential vs. nonessential workers (essential workers will continue to work but not get paid, nonessential don’t work & don't get paid)

Continuing resolutions

1.  If funding isn’t complete by October 1st congress & the president may fund the federal gov through temporary spending measures (called continuing resolutions) which allows federal agencies to keep spending at the same level as the last budget for a short period of time.

Omnibus bill

1. taking multiple bills and putting them into 1 new spending bill at the end of the fiscal year and passed together in order to save time.

• Pork can be passed into omnibus bills 

Budget reconciliation

 a special bill that can only be passed once per year that makes major legislation related to taxing, spending, and the debt limit much easier to pass (than is is normally) because it cannot be filibustered in the senate (useful when one party controls the house, senate, and presidency) 

What else can congress use to help get bills passed?

Pork barrel legislation = federal spending that gives benefits to a narrow group of people in hopes of winning their votes in return (is seen as wasteful government spending)  

• By using pork legislation is can incentivise legislators to vote for, and to get bills passed (helps get congress moving) 

About congressional committees:

• The most important feature of congress are congressional committees are important to understanding how congress carries out policy-making, and oversight responsibilities 

• This impacts day to day workers of members of congress because they can impact policies that directly affect, and benefit their constituents 

• Congress is organized this way because its a more efficient way to end bills they wouldn't be passed in a full house 

• Committees help members to develop expertise in certain areas 

Standing committee

1. permanent legislative committees that are responsible for legislation within a certain subject area (there are a few exceptions, ONLY standing committees can report a bill onto the full house, or senate) 

• Democrats call them steering committees & Republicans committees call them committee on committees  

• They decide the assignments for standing committees 

Select/ special committees

A committee that is appointed for a limited time, and a specific purpose 

Joint committees

Committees that senators, and representative work together 

Committees & their work

1. Allows for members of congress to have expertise over a defined area of public policy 

2. Any legislation that is relevant must go through the appropriate committee

• Committee assignments are more important for house members rather than senate members because of the rules committee that has open, or closed rules. So there is less opportunity for members to influence the bills on the floor of the house (rather than the follow of the senate).

Three main responsibilities/roles of committees

1. Pass legislative proposals 

2. Provide oversight of the agencies in the executive branch

3. Conduct investigations

Congressional caucus

official group of members of congress that all agree on a specific issue (made up of representatives & and senate)

How do congressional caucuses influence the policy-making process?

1. Proving members of the group with information 

2. Allows more leadership opportunities in congress

3. Allows members to show symbolic support for issues of importance to their constituents 

Congressional agencies

organizations within congress (made up of congressional staffers) whose jobs are to provide members with specialized knowledge or necessary services 

• Ex: library of congress 

• Their work helps members of congress

Congressional staffer: Expert staff

 staffers that help members of congress with their specialized knowledge (they serve on each committee, or congressional agencies)

• Ex: committee staff (policy experts), chamber staff (clerks, page, etc), agency staff (carries out functions of each agency)

Congressional staffer: Personal staff

staffers who work direct with 1 member of congress

• Ex: legislative assistant, intern, secretary, etc