AP Gov Unit 3 - The Legislature

Article I

The Legislature Article; First and Longest Article

Hopkinton’s Representatives

Edward Markey and Elizabeth Warren (Senators), James McGovern (4th District MA HOR)

3 Primary Functions of Congress

Representative, Legislature, Oversight

2 Important Political Truths about Congress

Partisanship: #1 indicator of how members of Congress vote

Incumbency: #1 factor in the outcome of Congressional Elections

Achieving Incumbency and Electoral Mastery (4)

1. Name Recognition

2. Partisan Constituency (Democrats win in MA)

3. Service Strategy/Casework/Constituent Service (franking, emails, grad speeches)

4. Pork Barreling (bringing home funds, grants) (The Big Dig)

Senate Terms of Office

Elected to 6 year terms (1/3 of the body up for election every 2 years)

House Terms of Office

Elected for 2 year terms (every member up for reelection every 2 years)

Term Limits (Pros vs Cons)

Pros: Fresh ideas, Younger blood, Less concern with Campaigning

Cons: More experience, More democratic

Article 1 Section 2 Clause 3

The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative

Every 10 Years

1. Census

2. Reapportionment

   1. Redistricting

Baker v Carr (1962)

allowed that redistricting issues could be resolved in the courts as racial discrimination and voting power inequality are illegal

Reynolds v Sims (1964)

“1 person-1 vote” principle reinforced by requiring all congressional districts to be relatively the same size

Shaw v Reno (1993)

ruled that there must be a “compelling government interest” to use race as a factor when redistricting

How many committees are House and Senate members on?

House members are on 2 committees each, while Senators serve on 3-4 each

Who controls committees?

Committees are controlled by the majority party, with the ratio of members reflecting the same ratio as the entire House or Senate

How is leadership determined on committees?

Leadership on Committees is usually based on seniority, which is based on most years served on a particular committee

Speaker of the House

The overall leader and presiding officer of the entire House

How are chairpersons chosen for committees?

Most senior member of the majority party in a committee

Ranking Member

the most senior minority party member of a committee

How a Bill Becomes a Law (Introduction to Full Chamber)

How a Bill Becomes a Law (Full Chamber to Passing)

Where do bills start?

Bills can start in either the House or the Senate except for revenue bills, which start in the House

“Mark-up”

members formally debate, propose amendments, and vote on changes to a bill before it goes to the full House floor

“Riders”

amendments or policy provisions attached to must-pass bills (like spending bills) to sneak controversial changes into law in the Senate

HOUSE WAYS & MEANS COMMITTEE

legislation for raising revenue, including income, payroll, and excise taxes, plus tariffs

HOUSE APPROPRIATIONS COMMITTEE

funding the federal government’s vital activities; allocating budget

SENATE JUDICIARY

Drafts and reviews bills related to federal law; handles legislation and oversight for the justice system

SENATE FOREIGN RELATIONS

oversees and shapes American foreign policy, handling treaties, presidential nominations for foreign posts, and providing oversight for the State Department and foreign aid

Standing Committee

The permanent committees of Congress that focus on fairly narrow area of expertise (known as committees of jurisdiction for their responsibility in handling distinct areas of policy)

Sub-Committees

smaller groups within Standing Committees that are ”expert” on even more specific policy

Joint Committee

any committee with members from both the House and Senate

Conference Committee

Committee put together to iron out out the specifics of a bill passed in slightly different versions by House and Senate.  Made up of Standing Committee members from each chamber

Select (special) Committee

committee put together for a specific, temporary purpose

Nuclear Option

Changing Senate Rules to lower the requirement for cloture from 60 to 51; lower and supreme court justices (2013, 2017), only legislation left

3 Key Periods of Growth of the Federal Government

1. New Deal

2. Great Society

3. World War II

All made the executive MUCH bigger with new committees, etc.

Congressional Budget Act (1974)

Created the Congressional Budget Office (CBO) to watch over the Executive Budget

Created the Senate & House standing budget committees

War Powers Act (1973)

President must inform Congress of troop movement within 48 hours

Troops can be deployed for 60 days max without Congressional extension

“Whenever possible”, Congress must be consulted before troops are dispatched into hostile situations

General Accounting Office (GAO)

monitors spending of appropriated $

Congressional Research Service (CRS)

“errand boy” of Congress doing research and providing legislative summaries

Cup & Saucer Analogy

Cup = The House

Saucer = The Senate

The Senate “cools” the House legislation down

Conference Committee

a temporary, joint legislative body formed by members from both the House and Senate to resolve disagreements and reconcile different versions of a bill, creating a single, identical text for both chambers to pass and send to the President for enactment

Mandatory Spending and Earmarks

Mandatory = must pay (ss, medicare, medicaid, interest on debt)

Earmarks = pork barreling, $ for projects set aside by Congress

Whip

Ensures party discipline, communication across chambers, and coordinated voting

Advice and Consent Clause

Article II Section II, Powers of Congress (ratify treaties, approve nominees, etc.)

Hopper

basket next to the clerk's desk in the House Chamber where bills are placed to await their first reading