AP US Gov/Pol Unit 2: Congress

Explain the primary institution associated with the legislative branch and its main function?

The United States Congress -- the main lawmaking branch of the U.S. government

What does it mean that Congress is considered bicameral?

It is made up of two houses

House of Representatives

• Apportioned by population

• More connected to their voters

• 2 year terms

• 435 members

• at least 25 years old, must be citizen for 7, must live in state district is located

Senate

• Apportioned by state

• Less connected to their voters

• 6 year terms, staggered terms where 1/3 of the senate is elected every 2 years

• 100 members (2 from each state)

• at least 30 years old, must be citizen for 9, must live in state

House (Representation)

• Rules allow leaders to have more control

• Specialization

• Represent public opinion in a timely manner.

• Represent local issues

• Less inclined to compromise

• The Cup - the cup of hot legislation; Represents the House's role as a more immediate, popular chamber that can generate "hot" legislation based on the will of the people

Senate (Representation)

• More deliberative

• Bigger Picture

• Represent large heterogeneous constituencies

• Provide balance to the House

• The Saucer - the saucer that cools the cup down; Represents the Senate's function as a cooling-off point. By having a different structure (e.g., longer terms, equal representation for states), it is designed to provide a more dispassionate and careful review of bills passed by the House

Explain how the concepts of a census, reapportionment, and redistricting are related?

The Constitution requires a population count called the census every 10 years. Then based on the census data congressional seats are redistributed to the states. Once states are awarded a number of House seats states will redistrict by drawing new boundaries to reflect these new seats.

• Article 1, Section 2

Census

An official count of a population, used to determine political representation

Apportionment

Giving unfair advantage to one party

Reapportionment

The process of reallocating the number of seats in the U.S. House of Representatives among the 50 states, based on population changes recorded by the decennial census

Redistricting

Changing lines based on new data

Incumbency

holding a polticial office or position

• Incumbent is a candidate who currently holds an office and is running for re-election

Advantages of Incumbency

• High re-election rates

• Ability to raise money

• Scare off challenges

• Sophomore Surge - an increase in the votes congressional candidates usually get when they first run for reelection

Disadvantages of Incumbency

• Harder for women and other minorities to take office

• Argument for term limits

• Fall with the party

Constituency

The people in a district or represented area (Different for each position in government) who elect a representative

• HOR - People of District

• Senate - People of State

Constituent

an individual person in the district

• Constituents are ALL the people of a district

Delegate

A delegate in government is an individual authorized to act and vote on behalf of a larger group of people

• The role of delegates varies, but they primarily represent their constituents' interests in a limited, specified manner. 

Partisan

an individual or group that adheres strongly to the values and perspectives of a specific political party or cause, often exhibiting uncritical allegiance to it

• However the party plans to vote, they follow (loyal party members)

Trustee

an elected official who uses their own judgment to make decisions for the good of their constituents, rather than just reflecting public opinion, or a member of a governing board (like a village board of trustees) that manages an organization on behalf of others

• Each question they face must be decided on its own merits

Politico

a model of political representation where a representative acts as a hybrid of a delegate, partisan, and a trustee

• tries to keep everyone happy and thus is a true politician

Gerrymandering

Apportioning voters in such a way that it gives some voters an advantage over the other

Baker v. Carr and how is it related to concept of redistricting?

• Apportionment matters

• States must adjust based on census and population shifts

• “One man, one vote”

• Districts must be apportioned well

• Basically saying that during the redistricting process districts must be drawn in order to evenly distribute voting power

How is Shaw v. Reno related to the concept of gerrymandering?

• Illegal to Gerrymander based on race

• Basically saying that drawing districts based on race, even if it helped historically discriminated people, was an unconstitutional process

Explain how the houses of Congress are required to work together in order to pass legislation.

Congress is required to pass on identical versions of bills and in order to do that legislators must create coalitions

How does the difference in the length of legislative terms affect the durability of coalitions in Congress?

Because Senators have longer terms, their coalitions tend to last longer than the coalitions in the HOR, making the coalitions more durable for Senate

Define the enumerated powers

Specific Powers of Congress spelled out in Article I Section 8 of the Constitution

What are the enumerated powers of Congress?

• Right to impose and collect taxes

• Right to borrow and coin money

• Right to regulate foreign and interstate trade

• Right to declare war

• Right to create post offices and federal courts below the Supreme Court

• Right to raise and maintain army and navy

Explain how the implied powers of Congress allow the institution to carry out its enumerated powers?

The necessary and proper clause gives Congress implied powers and allows them to pass any law that is required by the enumerated powers

• Essentially allows Congress to make all “necessary and proper” laws for executing its powers

Power of the Purse

• Most effective Congress power

• Congress controls the purse strings for the Federal Government

• Congress sets the budget for: Every branch of gov’t, Federal Agency, Federal Program, Military Action, and Federal Project

• Important because if Congress wants a specific agency or program to stop, they can take away the funding for that agency or program

Speaker of the House

• Elected leader of majority party in house every Congress

• Doesn’t have to be a member of congress as per Constitution 

• Presiding officer / Leader

• Power thought to rival the President’s 

• Decides which bills reach floor, which goto committee, sets legislative agenda, appoints committee chairs (Rules Committee) 

• Current is Mike Johnson

Explain how party leadership impacts the work of the House of the Representatives.

• Agenda setting:

  • The majority party leadership, particularly the Speaker of the House, controls which bills reach the floor for a vote.

• Legislative process management:

  • The Majority Leader schedules floor business and decides the order of legislation.

• Party unity and discipline:

  • Leaders promote party unity and can influence members' votes.

• Minority party leadership:

  • The Minority Leader serves as the opposition's spokesperson and works to develop a strategy to gain the majority.

• Public and inter-branch communication:

  • Leaders act as public spokespeople for their party, explaining its agenda and goals to the public and media.

Vice President

• The Vice President is the President of the Senate

• A Constitutional duty

• Has power to break a tie

  • Recently done for cabinet positions 

• Not allowed to speak or debate

• Current is JD Vance

Who is the president pro tempore and what is their role?

A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the vice president

• Elected by Senate

• Senator of the majority party with the longest record of continuous service

• Largely ceremonial, little power

• Current is Chuck Grassly

Who is the Senate Majority Leader and what is their role?

the most powerful position in the Senate as they set the legislative agenda by deciding which bills reach the floor for debate

• Current is John Thune

Executive checks on Legislative

• Can propose laws

• Can veto laws

• Can call special sessions of Congress

• Makes appointments

• Negotiates foreign treaties

Executive checks on Judicial

• Appoints federal judges

• Can grant pardons to federal offenders

Legislative checks on Executive

• Can override President’s veto

• Confirms executive appointments

• Ratifies treaties

• Can declare war

• Appropriates money

• Can impeach and remove President

Legislative checks on Judicial

• Creates lower federal courts

• Can impeach and remove judges

• Can propose amendments to overrule judicial decisions

• Approves appointments of federal judges

Judicial checks on Executive

• Can declare executive actions unconstitutional

Judicial checks on Legislative

• Can declare acts of Congress unconstitutional

Committee Chair

• appointed by chamber leadership

• normally of party in power

• runs committee hearings

Ranking member

Committee leader of minority party

Caucus (Informal)

Normally a closed meeting of political or legislative group to select candidates or leaders to plan strategy in regards to legislative matters

Congressional Caucus

party, interest, social characteristics (INFORMAL)

Importance of caucus

alliances

EX: Congressional Black Caucus

Freedom Caucus

Standing Committee

committee that endures for a long time

EX: House Judiciary Committee

Joint Committees

committee that has members of both the House and Senate

EX: Committee on The Library of Congress

Select/Ad Committee

Committees that is temporary and created for a specific purpose

EX: Watergate Committee

Conference Committee

Committee that is used to reconcile 2 versions of a bill

What is the difference between a committee an a caucus

• Committee is formal, Caucus is informal

• Committee is in both House and Senate while Caucus is only in Senate

Why are committees important to the functioning of Congress?

Committees help organize the most important work of Congress. Things like considering, shaping, and passing laws to govern the nation

Why is it important to monitor committees?

Committees are powerful, but their power is checked by the larger body in some ways

What are the ways committee’s powers are checked?

• Committees can’t make final decisions

• Committees have reputations to uphold

• Competing agents keep them honest. 

• Discharge Petition

Discharge Petition

Bill can be forcibly removed if committee is sitting on it with majority of vote

Agency Loss

committees will deviate from what the larger body may want, but it’s ok because perfection isn’t the objective

Committee

group of congress people coming together to create bills

What are the tools committees can use to have the ability to influence bills and the agenda?

Gatekeeping, Proposal Power, After-the-fact authority, and Oversight

Gatekeeping

Power to decide what bills are heard or acted on

Proposal Power

the ability to bring a proposal before the full legislature

After-the-fact Authority

the ability to follow up on a bill after it passes a chamber

• usually via conference committee

Oversight

Efforts by congress through hearings and investigations to exercise control over the actions of the executive branch and government agencies to ensure laws are implemented effectively and responsibly

What is the House Rules Committee

A standing committee that is responsible for prioritizing bills coming from the committee stage on to the House floor for 2nd readings

What makes the House Rules Committee so powerful?

• “vital legislative role”

• Sets out rules for debate

• smaller membership and more skewed to majority party

• Chair is considered one of the most influential posts in Congress

What is the Committee of the Whole

Committee including all members of House which allows bills, resolutions, and other measures to be considered without adhering to all the formal rules of a House session, such as needing a quorum of 218

• All measures on the Union Calendar must be considered first by the Committee of the Whole

Why would the Committee of the Whole be used?

Taxes and appropriations can start here

What is a discharge petition and why would it be used?

Forces the committee to take action on bill and move it to the next stage

• must have majority of member signatures

• can be used in House only

Used to get your bill out of committee if it’s been pigeonholed

Pigeonhole

to set a bill aside in a legislative committee, effectively delaying or killing it without a formal vote

• a strategic way for committee members to avoid taking a stance on controversial or unimportant legislation, or to manage the legislative agenda by prioritizing other bills

Staff Agencies

Provide Congress with independent expertise, administration, and oversight

• used to check on other branches and the power of government

The Congressional Research Service (CRS)

facts and competing views staffed by L.O.C.

The Government Accountability Office (GAO)

• Investigate finances and administration of any government agency or program

The Congressional Budget Office (CBO)

Analyze budget impact of proposed programs (Bailout, Stimulus)

Treaty Ratification

• Only Senate can ratify treaties

• President is Chief Diplomat, but treaties must be approved by Senate with two-thirds vote. 

  • President can get around it by calling it an “Executive Agreement” which requires no senate approval

Confirmation

Senate gives advice and consent (confirms) by majority vote

• Judges, Cabinet Members, Ambassadors, Military positions

• Most scrutiny given to judges 

Filibuster

An attempt to “talk a bill to death”

How does the Senate use the filibuster as a legislation technique?

a senator may exercise their right of holding the floor as long as necessary, and in essence talk until a measure is dropped

The Cloture Rule

Rule XXII in the Standing Rules of the Senate deals with cloture/limiting debate

• If at least 60 senators vote for cloture, no more than another 30 hours may be spent on debate, forcing a vote on a bill

Unanimous Consent

a senator may request unanimous consent on the floor to set aside a specified rule or procedure to expedite it

• if no senator objects, senate permits the action, but if any one senator objects, the request is objected

Hold

an informal practice by which a senator informs their floor leader that they do not wish a particular bill to reach the floor for consideration

• majority leader doesn’t need to follow senator’s wishes, but is on notice that opposing senator may filibuster any notion to proceed to consider the measure

How do unanimous consent and a hold apply to business in the Senate?

The Senate allows for unlimited debate and Senators will use that to slow down a bill by attempting to stall or kill a bill by talking for a very long time.

Rider

a provision added to a bill that is often unrelated to the bill's main subject

Explain how riders affect the lawmaking process

Riders are added to bills by legislators. These riders can be benefits for a representative's agenda which are usually non-relevant additions to the bill.

Pork Barrel

legislation that only benefits on region or district

• congressmen are bringing home the bacon to get re-elected

What is pork barrel spending?

when funds in a bill are earmarked for special projects in a representative’s district

What is logrolling

members of Congress will vote for a bill in exchange for a bill that benefits them

• I’ll scratch your back if you scratch mine

Omnibus bills

gigantic bills that make it hard to say “no”

The Nuclear Option

changing Senate rules to end filibuster with simple majority

The Distributive Tendency

Spreading the PORK (money) around to reward as many districts as possible / securing votes

Pork Barrel Legislation

appropriations (money/earmarks) made my legislative bodies for local projects, often not needed, but used to help politicians get re-elected

How does Congress impact the federal budget?

Income taxes are split into Mandatory Spending and Discretionary Spending

Mandatory Spending

Payments that are required by law

• Debt Interest

Entitlement Spending

Spending required for required programs

• Social Security

• Medicare/Medicaid

Discretionary Spending

Money that is allocated by Congress

• Military

• Federal Employees

Medicaid

For individuals, families, and children with limited income and resources

Medicare

Generally for people who are 65 and older, or who have a qualifying disability

Deficit

The gap between the government’s budget and the funds/money available

Deficit Spending

Congress authorizes spending that exceeds the government’s total revenue from taxes and other income

How does a deficit impact the federal government?

U.S. Treasury borrows money by selling securities like Treasury Bonds and Notes, which increases national debt

How does a deficit impact society?

Congress can pay for things, but it may lead to inflation, slow growth, and high interest rates

Idealogical Divisions

differences in beliefs, values, and views between people/groups

Political Polarization

when idealogical divisions become more extreme with people/political parties moving away and less people willing to compromise