AP GOv studyguide

Reasons why Congress is ineffectual by design

1. Safe seats and gerrymandering

2. Senate Representation

3. Weak and fractured parties

Legislative Role of Congress

Principal law making institution of American government

Investigative Role of Congress

• Oversight duties

• Probing misconduct and corruption

• Probing background and qualifications of presidential appointees

Deliberative Role of Congress

Disagree, debate, deliberate, compromise

Balancing Role of Congress

• Rival power to the President

• Involvement in domestic, budgetary, and foreign policies

Appropriations Role of Congress

• Only Congress can spend money

• “Power of the purse”

Representative Role of Congress

• Accountable to the constituents “back home”

• Delegate: follow public opinion

• Trustee: follow own ideology

• Politico: follow party

Political Role of Congress

• Members of Congress are in political parties

• Form coalitions to promote or defeat policies based on party preferences and issues

Campaigning Role of Congress

Members of Congress are always running for office and seeking re-election (especially members of the House)

Mediating Role of Congress

• Resolving conflicts among special interests

• Addressing needs and issues of minority groups, constituents, etc.

Amending Role of Congress

All amendments to the U.S. Constitution must begin in the U.S. Congress

Qualification to be a House Representative

• Elected by the people

• At least 25 years old

• Seven years as a US citizen

• Citizen of district represented

House Term

• 2 years

• Unlimited number of terms can be served

House Representative Amount

• Originally 65, 1 for every 30,000 people

• 435, 1 for every 750,000 people

• Reapportioned every 10 years based on the census

Qualifications to be a Senate

• Originally elected by the state legislatures

  • Changed with the 17th amendment to be elected by the people

• At least 30 years old

• Nine years as a US citizen

Senate Term

• 6 year terms

• (1/3 are up for election every 2 years)

• Unlimited number of terms can be served

Senate Amount

Equal representation - 2 per state

Characteristics of the Senate

• Considered to be the upper House

• Loosely controlled because it is so smaller

• Unlimited debate

• Filibuster allowed

• Cloture, which is the ending of a filibuster and requires 60 votes

• Individual members have lots of power

• Can say whatever you want for as long as you want, you’re basically stalling to kill the bill

• “Special”

Characteristics of the House

• Considered to be the lower House, less prestigious

• Strictly controlled because it is so large

• Debate limited to 1 hour

• All debate must germane

• Individual members have limited power

Powers of House

• Policy specialists

• Emphasizes tax revenue and policy

• All revenue bills must start here

• Sole power of impeachment

• Represent local issues

• More formal and impersonal 

• Rarely run for president

• Revenue bills must start in the House

• House charges impeachment

Powers of Senate

• Policy generalists

• Emphasizes foreign policy

• Confirms presidential appointments

• Ratifies treaties

• Sole power of removal, only after impeachment 

• Represent state/national issues

• More informal and personal

• often run for President

• Confirms presidential appointees

• Approves treaties with other nations

• Senate convicts in impeachment

Shared Powers of Senate and House

• With the Elastic/Necessary and Proper clause, Congress has the power to do what it needs to do to carry out its enumerated powers

• Overtime, Congressional power has evolved to include

  • Budget Oversight

  • Investigation

• Oversight of the budget

  • Congress passes laws that set up new government programs

  • Congress passes authorization bills that say the maximum amount of money available to that program

  • Congress appropriates the actual amount available after the national budget is set

• Investigation

  • Can investigate issues or public officials of concern

  • Crime, consumer safety, health care, foreign trade, allegations against government officials

  • Done through committees

House Leadership

• Leader by Speaker of the House - Elected by House members

• Major role in committee assignments and legislation

• Majority leader, minority leader, and whips

• Recognizes members who wish to speak

• Rules on question of parliamentary procedure

• Appoints members to select and conference committee

• Directs business on the floor

• Exercises behind the scenes influence

• Assigns bills to committees

• Appoints party legislative leaders

• Third in line to be President

Senate Leadership

• Officially lead by Vice President

• Really lead by majority leader chosen by party

• Minority leader and whips

• President of he Senate

  • Vice President of the United States

  • Only can vote if there is a tie

• President Pro Tempore

  • Ceremonial 

  • Normally the senior member of the majority party

  • Official chair of Senate

    • usually let Junior Senators take turns to gain experience

House Majority/Minority leader duties

• Majority Leader

  • Schedules bills and rounds up votes

• Minority Leader

  • Spokesperson for the minority party

  • Normally becomes the Speaker if party gains control

Senate Majority/Minority leader duties

• President of the Senate

  • Vice President of the United States

  • Only can vote if there is a tie

• President Pro Tempore

  • Ceremonial

  • Normally the senior member of the majority party

  • Official chair of Senate

    • Usually let Junior Senators take turns to gain experience

• The real leadership in the Senate comes from majority and minority leaders

• Majority leader

  • Gets to talk first

  • Determines agenda

  • Influences committee assignments

Standing Committee

Description:

• Permanent

• Handle bills in their respective areas

• Different standing committees in the House and the Senate

  • House - 20

  • Senate - 16

Examples:

• Agriculture

• Appropriations

• Armed Services

• Budget

• Ethics

• Energy and Commerce

Select Committee

Description:

• Formed for specific purposes

• Usually temporary

• Can become standing committees eventually if they’re needed

Example:

• House Permanent Select Committee on Intelligence

Joint committee

Description:

• Have members from both houses

• Can be standing or select

• Work to conduct business between the houses and to help focus public attention on major issues

Example:

• Joint Committee on the Library

Conference committee

Description:

• Members from both chambers

• Formed to hammer out differences between House and Senate versions of similar approved bills

Example:

• Conference Committee to reconcile differences on a tax bill

House Rules Committee

Assigns “rules” to bills, including whether debate will be allowed (closed v. open rule)

House Appropriations Committee

Sets funds for specific projects and programs

House Ways and Means Committee

Considers tax bills

Senate Finance Committee

Considers tax bills

Closed rule

• gag rule

• Time limits on the debate and no amendments from the floor except from the presenting committee

Open rule

Amendments allowed from the floor and less strict time limits

President’s Role In Legislative Process

• Presidents have many resources to influence Congress, including electoral support

• In order to “win” in Congress, the president must win several battles in each house

• Presidents have the power of veto ultimately influence legislation

Lobbyists and Interest Groups in Legislative Process

• There are over 26 lobbyists for every member of Congress - the bigger the issue, the more lobbyists will be working on it

• Lobbyists can be ignored, shunned, and even regulated by Congress

• Ultimately, it is a combination of lobbyists and others that influence members of Congress

Pork barrel legislation

Bills that give benefits to constituents in exchange for votes for the bill

Logrolling

When members of Congress support another’s project in return for support

Hyper-partisanship

Everyone is so divided and determined to beat the other party.

Gridlock

political parties or factions are unable to reach agreements or pass legislation, resulting in a standstill in government action

Cloture

A Senate-only rule to end debate and stop a filibuster.

Committee of the Whole

A House-only procedure that simplifies debate on bills.

Committee and Subcommittees

Groups in both houses that divide workload and examine issues in detail.

Conference Committee

A joint committee that resolves House-Senate differences in bills.

Discharge petition

A House-only action that forces a bill out of a stalled committee

Filibuster

A Senate-only tactic to delay or block legislation indefinitely.

Hearings

Both houses gather information and question witnesses.

Hold

A Senate-only tactic where a senator blocks a motion by informal objection.

Mark-up

A both houses committee session to revise legislation.

Revenue Bills

House-only bills that propose taxes and spending.

Rules Committee

A House-only committee that sets debate terms.

Speaker

The House leader who oversees legislative proceedings.

Unanimous consent

A Senate-only action where no member objects, expediting proceedings.

Fiscal policy

• Decisions about taxation and spending policies made by the government

• Congress and the President

Monetary policy

• Decisions made about interest rates and money supply made by the central bank

• Federal Reserve

National debt

• The total amount of money owed by the federal government from borrowed money

• Treasury bills and foreign governments

How much is it?

• $36.5 trillion

Deficit

• The amount of spending that exceeds revenue in any given period of time

How much is it?

• $2 trillion

Chief Executive (President)

Powers

1. Enforces federal law, treaties, and court decisions

2. Appoints Cabinet members, commissions, etc.

3. Can issue Executive Orders

Limitations

1. Senate approval needed for appointments and treaties

2. Courts my rule Executive Orders unconstitutional

Chief Legislator (President)

Powers

1. Veto

2. Outlines legislative proposals

3. Calls for special sessions of Congress

Limitations

1. Both houses of Congress can override a veto with 2/3 vote

2. Congress is not obligated to pass the President’s proposals

Commander in Chief (President)

Powers

1. Civilian authority over military

Limitations

1. Congress has the power to declare war

2. War Powers Resolution of 1973

Chief Diplomat (President)

Powers

1. General charge of foreign policy

2. Appoints ambassadors

3. Can make Executive Agreements

4. Negotiates treaties

5. Recognizes foreign governments

Limitations

1. Senate must approve appointments

2. Senate must approve treaties with a 2/3 vote

Chief Jurist (President)

Powers

1. Power to issue pardons

2. Appoints federal judges

Limitations

1. Senate approval needed for judicial appointments

Chief of State (President)

Powers

1. Symbol of the U.S. government and people

Limitations

1. N/A (Popularity, how respected they are)

Chief of Economist (President)

Powers

1. Develops the national budget

Limitations

1. Congress must approve the budget

2. Congress must appropriate money

Head of Political Party (President)

Powers

1. Party patronage

Limitations

1. Party members must listen and obey

2. Usually only lasts as long as in office

Formal powers of the President

Executive 1. Take care that the laws be faithfully executed 2. Nominate officials (with agreement of 51% of Senate) 3. Request written opinions of administrative officials 4. Fill administrative vacancies during congressional recesses	Legislative 1. Present info on State of the Union to Congress 2. Recommend legislation to Congress 3. Convene both houses on extraordinary occasions 4. Adjourn Congress is House and Senate cannot agree 5. Veto legislation (Congress may overrule with 2/3 vote)
Foreign policy/military 1. Commander-in-Chief of the armed forces 2. Make treaties (with ratification by 67% of Senate) 3. Nominate ambassadors (with agreement of 51% of Senate) 4. Receive ambassadors / diplomatic recognition on other governments	Judicial 1. Reprieves and pardons for federal offenses (except impeachment) 2. Nominate federal judges (with confirmation of 51% of Senate)

Bureaucracy

An administrative group of non elected officials charged with implementing policies created by the other branches of government.

Iron Triangles

Longstanding, mutually beneficial relationships between an interest group, congressional committee, and bureaucratic agency devoted to similar issues

Issue Networks

A group of individuals, public officials, and interest groups that form around a specific issue, usually a proposed public policy that they wish to support or defeat

Rule-making authority (Bureaucracy)

An agency’s ability to make rules that affect how programs operate, and to force states and corporations to obey these rules as if they were laws.

Discretionary authority (Bureaucracy)

An agency’s ability to decide whether or not to take certain courses of action when implementing existing laws.

Power of the purse (Congress)

Congress’s ability to set the budget of a bureaucratic agency, and by extension influence its behavior.

Committee hearings (Congress)

• Used by congressional committees to collect and assess information to guide their decisions and actions.

• Hearings usually involve oral testimony from, and questioning of, witnesses and bureaucratic officials.

Bureaucracy Held Accountable By Congress

• Congress uses its oversight powers to ensure that legislation is implemented as intended

• Uses committee hearings to question agency staff and hold them accountable to their actions and decisions

• Can also influence the behavior of a bureaucratic agency by cutting or increasing its budget

  • Known as "power of the purse"

Bureaucracy Held Accountable By the President

• The President appoints agency heads and key officials, and can remove them

• President can issue executive orders that shape agency operations and policy implementation

• Executive branch uses government bodies like the Office of Management and Budget to oversee agency performance

Bureaucracy Held Accountable By the Courts

• Courts can review agency actions to ensure they are within the bounds of the Constitution and statutory authority

• Individuals and organizations can challenge agency decisions in court, which can overturn or mandate changes in agency actions

• Through legal challenges, the courts help prevent agencies from exceeding their delegated powers

Article III of the Constitution (Judiciary)

• All about rights of the Judicial Branch

• Section I gave Congress the authority to establish other courts as it saw fit (which they did, of course)

• Section II specifies the judicial power of the Supreme Court and discusses the Court’s original and appellate jurisdiction

  • Original jurisdiction: the authority to hear a case first

  • Appellate jurisdiction: the authority to review decisions of lower courts

• Section III defines treason and mandates that at least two witnesses appear in such cases

Federalist 78 (Judiciary)

• Explains why an independent judiciary is essential in a government of limited powers

• Power of judicial review

• Because the Constitution is the supreme law of the land, it is the role of judges to determine its meaning, ensuring that neither the legislature nor the executive exceeds its authority

• The courts serve as a check on potential abuses by the political branches

Marbury v. Madison (Judiciary)

• Clearly defined what the Supreme Court can and cannot do, creating precedent for the future.

• Established the Court’s power of Judicial Review

Congressional legislation (Checks on the Judicial Branch)

• Congress can pass laws that affect court procedures, structure, or jurisdiction

• Can be used to limit or redefine the courts’ authority, potentially undermining judicial independence

Constitutional amendments (Checks on the Judicial Branch)

• Amendments can modify the Constitution’s provisions, including those related to the judiciary

• Changing constitutional guarantees can weaken long-established judicial protections and alter the balance of power

Judicial appointments and confirmations (Checks on the Judicial Branch)

• The President nominates judges who must then be confirmed by the Senate

• Highly politicized appointments and confirmation battles can pressure judges to lean toward partisan interests, potentially compromising neutrality

President or states ignoring SCOTUS decisions (Checks on the Judicial Branch)

• The executive or state governments may choose not to comply with Supreme Court rulings

• Ignoring decisions undermines the authority and effectiveness of judicial review, eroding the rule of law

Legislation changing the courts’ jurisdiction (Checks on the Judicial Branch)

• Congress has the power to define or modify the scope of cases federal courts can hear

• Shifting jurisdiction limits may restrict the courts’ ability to check other branches, weakening their oversight role

Judicial activism

• The Constitution must be interpreted in light of current political/social conditions

  • Judges should consider current standards

Judicial restraint

• Believe the Constitution should be interpreted according to the wording of the framers

  • If it is vague, historical records should be examined to determine intended meaning

Federalist No. 10

• Written by James Madison.

• Warns against factions (interest groups) threatening democracy.

• Argues for a large republic to dilute faction influence.

• Advocates for pluralism and a representative democracy.

Federalist No. 51

• Written by James Madison.

• Argues for separation of powers and checks and balances.

• Each branch should be independent to prevent tyranny.

• “Ambition must be made to counteract ambition.”

Federalist No. 70

• Written by Alexander Hamilton.

• Advocates for a strong, energetic executive (president).

• A single president ensures accountability, efficiency, and decisiveness.

• Multiple executives would lead to confusion and division.

Federalist No. 78

• Written by Alexander Hamilton.

• Defends judicial independence and lifetime tenure for judges.

• Introduces judicial review as a check on the other branches.

• Courts are the "least dangerous branch" – cannot enforce their own rulings.

Brutus No. 1

• Written by Anti-Federalists.

• Opposes the Constitution – fears a too powerful federal government.

• Argues for state sovereignty and individual liberties.

• Warns that a large republic would trample individual rights.

• Prefers a confederation of states over a strong central government.

Marbury v. Madison case

• William Marbury was denied his judicial appointment by James Madison (Secretary of State).

• Marbury sued, requesting a writ of mandamus to force Madison to deliver his commission.

• The Court ruled that Marbury was entitled to his commission but they could not issue the writ.

• Declared that the section of the Judiciary Act of 1789 that allowed the Supreme Court to issue writs of mandamus was unconstitutional.

• Established judicial review: the power of the Supreme Court to declare laws unconstitutional.

• Strengthened the judiciary’s role as a co-equal branch.

• Defined the limits of the Supreme Court’s original jurisdiction.