AP GOV UNIT 3

Legislative Branch

Article 1

Republicanism

representative form of government

Bicameral

Congress is split in two parts (house and Senate)

House

435 members; proportional; 2 yr terms; unlimited terms; represent people of the district; minimum 25 years old; 7 years citizen; PEOPLE

Senate

100 members; equal; 6 yr terms; represent people of their state; minimum 30 y.o.; 9 yrs citizen; STATE

Apportionment

every 10 yrs, Congress apportions house’s seats among the states according to population

What do states do in apportionment

states draw the districts accordingly

Gerrymandering

practice intended to establish unfair political advantage fro a particular party or group by manipulating boundaries of electoral districts; doesn’t change how people vote; changes people who make up the vote; tactics: pack or crack

Pack

Pack opposite voters into the smallest number of districts possible

Crack

crack opposite voters apart to dilute their strength

Allowed Gerrymandering

By political party

Not Allowed Gerrymandering

By race or into unequal districts that give some people more votes than the others

Powers of the House

all bills dealing with money start in the house; can bring up impeachment of president, cabinet, and federal judge by majority vote; elects the president if electoral college can’t due to a tie

Powers of the Senate

ratifies treaties made by executive branch with other nations; confirms presidential appointments (cabinet, judges, ambassadors); TRIES impeachment of president, cabinet, and judges by 2/3 vote; elects VP if electoral college cannot; approve/confirm is always senate

Concurrent Powers (House + Senate)

regulate interstate commerce; necessary and proper clause; raise taxes; pass laws; borrow & coin money; establish mail service; establish court system; declare war; create and maintain army; governs nat’l guard; DC is fed. city under control of Congress

President of the Senate

vice president

Speaker of the House

most powerful person in Congress; chosen by party w/ a majority control of the house; 3rd in line for president

President Pro Tempore

serves as presiding officer in absence of vice president

Senate majority chair

serves as spokesperson for their party; works with committee chairs and ranking members; sets legislative program in Senate (bills you don’t like can be pigeonholed)

Senate minority leader

enforce party disciplines on votes that are crucial

Bill to Law Process

1) bill introduced in first chamber and referred to committee (most bills die in committee)

2) passes committee and goes to full chamber (most bills passed by committee never get a vote on the floor)

3) gets sent to second chamber (referred to committee)- most bills that pass one chamber never get taken up to the other chamber committees

4) passes committee with amendments and goes to full chamber for debate (most bills never get to the floor)

5) More amendments added during floor debate and Bill passes second chamber

6) bill goes to conference committee to reconcile differences

7) both chambers must pass same bill w/o any amendments (bills often fail here because amendments voted on at first round is removed)

8) president signs bill into law

Pork Barrel Politics

passed as “earmarks” tucked into larger, must-pass spending bills making it difficult for lawmakers to oppose localized spending w/o voting against the entire bill

Committees

divide work of Congress into smaller specialized groups; select which bills will move forward; hold public hearings and investigations

Bill Introduction

legislative proposal before a Congress; written by special interest groups; has to be sponsored by member of congress

house members put bill into hopper to be numbered

senate members give bill to clerk

Congressional Committees

party in power selects committee chair; someone who usually had longest service; decides when committees will meet; which bills they will consider; whether they will hold public hearings; who to chair subcommittees

Ranking Member

most senior member from minority party; someone who has served the longest

Congressional Committee Membership

membership is divided in Proportion to percentage of control in house/senate

Committee assingments

each member of Congress can only serve limited number of committees; lobby for committee assignments based on their own interests or expertise, a committee’s ability to help prospects for reelection, influence on national policy

Accountability to Constituents

trustee, delegate, politico

Trustee

will vote on issues based on their own knowledge and judgment

Delegate

sees themselves as an agent of those who elected them and will vote on issues based on the interests of their constituents

Politico

uses combination of the two role conceptions

Prestigious Committees

greater power in Rules Commitee in the House; committees to do with money

Standing Committee

permanent committees; stands from one Congress to the next; represent major areas of government

Select Committees

in one chamber, usually created to study one specific issue; usually temporary but some are permanent

Joint Committee

have members from both House and Senate; serve as study groups and report findings to Congress; limited authority since it represents both chambers; trying to make one version that will move fast through the process

Conference Committee

special joint committee that is temporary for one bill only; negotiate final term of a bill and reconcile differences between house and Senate version of similar bills so it doesn’t have to go back to the beginning

Committees can

report a bill out favorably/unfavorably

pigeonhole or table a bill (can be brought out of committee by discharge petition if house wants to consider it)

amend or mark up a bill

Floor Debate

once a bill leaves committee it is ready for floor debate and a vote in that chamber of congress

Scheduling Floor Debate

once committee has reported a bill; it s placed on chamber’s calendar (not guaranteed for consideration)

House: rules committee creates simple House resolution that establishes rules for debate length and consideration of amendments

Senate: bill agrees to unanimous consent

House Floor Debate

any amendment offered must be germane (directly related to bill)

Senate Floor Debate

amendments can be completely unrelated; unlimited debate; most business conducted using unanimous consent agreements; FILIBUSTER; vote for CLOTURE (60%) to limit debate

Role of President

the president has ten days (Sundays excepted) to decide what to do

Sign it

the bill lbecomes law

Veto it

the bill doesn’t become law (unless 2/3rds of both Houses override the veto)

Do Nothing

it becomes law (if it sits for more than 10 days)

Pocket Veto it

if Congress adjourns within 10 days of sending the president a bill and the bill is neither signed nor explicitly vetoed, it dies

McCollough v. Maryland

nevessary and proper clause; supremacy clause

Lopez v. US

Commerce Clause

Baker v. Carr

14th amendment → EPC; Courrts can now hear challenges to unequal legislative districts; severe malapportinment violates 14th’s EPC

Shaw v. Reno

14th Amendment → EPC; bizarre shaped districts that cannot be explained on grounds other than race will face high legal bars; race cannot be used to district

Executive Branch function

implement and enforce laws written by Congress through departments, agencies, and commissions

Qualification for President

35 y.o.; 14 yrs a resident; natural born citizen; 4 yr terms'; 2 term limit; elected by electoral college (270 to win)

Formal Powers of the President

listed directly in constitution; Chief Executive; Commander in Chief; Chief Diplomat; Legislative Leader; Economic Planner

Chief Executive

execute laws passed by Congress; appoint cabinet (heads of agencies); appoints supreme court and fed. court justices and judges; grants pardons and amnesty

Commander In Chief

commands the military; head of state militia; War Powers Act; CAN”T DECLARE WAR

Chief Diplomat

meet with foreign leaders; negotiates treaties; appoints and receives ambassadors; foreign aid

Legislative Leader

signs/vetos laws; gives state of union address to Congress

Economic Planner

prepares annual budget (needs Congress approval); appoints leaders of Federal Reserve

Informal Powers of the Executive

not listed in the Constitution; size of gov. substantially increased as power and leadership responsibilities of executive went up; this power can be checked by Congress; Executive Orders; Executive Privilege; Persuader-In-Chief; Signing Statements; Party Leader; Foreign Policy

Executive Orders

directs executive branch officials on how to execute existing laws; doesn’t change actual law just temporary for the time being; next president can undo it; can be ruled unconstitutional; quick way to deal with national issue w/o waiting for Congress; extension of executive power; used to push agenda

Executive Privilege

claim by president that he has right to decide that the national interstate will be better served if certain information is withheld from public including from courts and congress

Persuader-In-Chief

power to persuade public and bargain to secure Congressional action through public speech’s and Twitter; “bully pulpit”

Signing Statements

official written comments by president when signing bill into law

Party Leader

head representative of their party

Foreign Policy

does not need Senate approval

Expansion of Presidential Power

occurs during times of crisis; has been getting bigger and bigger to the point of inefficiency

Cabinet

advisory body to serve president’s needs

Federal Bureaucracy

made up of millions who work for agencies and departments under executive branch; independent agencies and people who carry out vague Congressional laws; president directly elects 3000 people who align with their agenda

2 main types of agencies

executive departments and independent

Executive Departments Agencies

subject to direct president control; can be fired at will by president; changes with political party of president

Independent Agencies

have tenure protection; basis of expertise and national interest

Discretionary Authority

bureaucracy’s rule making authority; write and enforce regulation that puts law into action; like issuing fines for non-compliance. mail delivery, tax collection, border patrol; regulate banks, labor unions, airlines, powerplants

Federalist 70

Hamilton argues that a single, energetic executive is essential for a secure and well-administered republic, providing the speed, decisive action, and clear accountability that a multi-person council could never achieve.

Federalist 78

argues that the judicial branch is the least dangerous branch of government and defends the need for an independent judiciary with lifetime appointments and the power of judicial review to protect the Constitution.

Budget Process

president proposes budget that is reviewed by committees of congressional budget office; majority is already set aside for entitlement programs (mandatory spending); tiny rest is discretionary spending (ex. defense spending); in response to president proposal, congress produces budget resolution providing broad outlines for federal spending; house and Senate appropriation committees set budget for agencies; sent back to president