AP Government Unit 2.1 - FULL

Full Notes & Review Supplements for Unit 2.1 | Separate Set for How a Bill Becomes a Law Process

Delegated Powers of Congress

Delegated Powers of Congress

• Sovereign Powers (citizenship, declare war, fund armed forces/military, and make laws)

• Financial Powers (raise money with taxes, manage imports, manage the budget)

• Trade Powers (create/coin money, manage the postal service, manage patents & copyrights, manage standards [ex. a gallon, a pound])

• Set Up Courts excluding SCOTUS

Implied Powers of Congress

The Elastic Clause (Necessary & Proper Clause) in the Constitution gives Congress the power to…

• Economic Flexibility & Control

• Environmental Matters

• Social Issues

• ex. Create The Air Force

• etc.

Non-Legislative Powers of Congress

Non-Legislative Powers of Congress include many tasks associated with Checks & Balances. For example…

• Provide “Advice & Consent” to the President

  • Judgeship Recommendations

  • Senate Approves Cabinet & Appointments

• Impeachment

• Admit New States

• Host Amendment Conventions

• Investigate any Issues

  • Ex. Watergate, FDA Eggs Investigation

Powers in the House of Representatives

• Tax

• Convict a President for Impeachment

• Elect the President (1 vote per state) if the Electoral College is tied.

Powers in the Senate

• Confirm Presidential Appointments (ex. Cabinet)

• Ratify Treaties

• Try Impeachment Cases (actually remove the president)

• Elect the Vice President if the Electoral College is tied.

Concurrent Powers of Congress

• Pass Laws

• Override Presidential Veto

• Initiate Amendments

• Declare War

• Appoint a new Vice President (if they are removed from office or promoted to president)

Demographics of Congress Members

• Occupations of Congress are not representative of a cross section of the American public.

  • 40%+ Lawyers

  • 30%+ Politicians

  • 15%+ Bankers/Business Leaders

• White

• Over 50 Years Old

• Typically Protestant (followed by Catholic)

• Male

• Wealthy

• College-Educated

House of Representatives Term & Arrangement

• Serve 2 Year Terms

  • Elections Every 2 Years (“term”)

• Arranged by District

Senate Term & Arrangement

• Serve 6 Year Terms

  • 1/3 of Senate is Re-elected Every 2 Years (“term”)

• Arranged by State

Formal Rules of Congress

There are formal rulebooks for both the House of Representative (~400 pages) and the Senate (~100 pages).

• House of Representatives Rules are much more strict, as there are more people than the Senate.

Informal Rules of Congress

• Loyalty - Remain loyal to congress; don’t say anything bad about congress (ex. it’s ineffective, old, bad, etc.)

• Civility - Treat other members of Congress civilly (don’t go after family, no fights on the floor, etc.)

• Specialized in a specific field (ex. education, affairs, military, etc.)

• Reciprocity - “I vote for your bill, and you vote for mine”

  • Good relations between members of Congress keep bills moving.

• Compromise - Make deals with other members to get what you want.

• Seniority - More Years in Congress = More Recognition

  • Chairman of Committee are typically apart of the majority party and are the oldest members.

  • Members who have been in Congress longer receive more perks (ex. limousines, personal offices, etc.)

Safe Districts

• Uncompetitive Seats (Earn 55% of Public Vote)

• The House has more Safe Districts than Congress

• Typically earned through having a familiar name or through Gerrymandering/Redistricting

• Franking - Free Post from Congressmen about what they did during their term. Often used as an indirect way of campaigning for re-election.

• 90%+ Chance for Incuments to Return to Office

Marginal Districts

• Districts in which the winner received less than 55% of the public vote.

• Often more competitive and closely watched during elections.

20th Amendment (“Lame Duck Amendment”)

Moved up Inauguration Dates to January since Presidents & Congress Members would continue to serve for 3+ months after being voted out of office.

• ex. Herbert Hoover

Session

1 Year Period within a 2 Year Term (ex. Jan 2025 - Jan 2026)

• The first Session is often more productive for government as there are no ongoing elections that congressmen need to go out and campaign for.

Term

2 Year Period served by Congressmen (ex. Jan 2025 - Jan 2027)

Representative Voting Philosophy

• Voting for bills based on what their district constituents want.

• Often associated with issues associated with civil rights and social welfare (and not foreign policy)

• It doesn’t matter if congressmen are in a Safe or Marginal Seat. They will both go to their district for some matters.

Organizational Voting Philosophy

• Voting for bills based on what your political party leaders view.

• Often done when there are no vital constituent interests in a bill.

• If congressmen don’t vote with their party, they can sometimes lose support.

  • More lenient in the Senate than in the House of Representatives

Attitudinal Voting Philosophy

• Voting for bills based on your own personal beliefs.

• Has lead to a more polarized (separated) congress

• The House is much less ideological than the Senate.

Voice Vote

• Done in both the House and the Senate

• Congressmen audibly vote by saying either “Yea” or “Nay”

  • If there is a clear majority vote, this will be the only method of voting for a bill.

Division Vote

• Done in both the House and the Senate

• Congressmen stand up for votes they are in favor of and are counted.

• Votes are saved in a public record.

Teller Vote

• Only in the House

• House members form a line, step up to the front of the hall, and state their name and vote.

• Votes are saved in a public record.

Roll-Call Vote

• Done in both the House and the Senate

• Congressmen are called by name and report their vote.

  • In the house, this is done electronically with panels and buttons. (outdated)

• Votes are saved in a public record.

House Member Requirements

• 25 Years Old

• US Citizen for 7 Years

• Must Live/Own Property in their District

Senate Member Requirements

• 30 Years Old

• US Citizen for 9 Years

• Must Live/Own Property in their District

President of the Senate

• Vice President

• Holds a Tie-Breaking Vote

President Pro Tempore (Senate)

• Elected Position

• Typically a Senior Senator in the Majority Party

• Stands in for the Vice President when they are absent

• More Voting Power (Their Own Vote + Tie-Breaker Vote)

Majority/Minority Leader

• Elected Position (within party; independents will caucus with a party)

• Typically a Senior Senator

• Steers Bills through the Senate — decides which bills are brought to the floor for debate & vote.

• Mouthpiece of their Party — communicates their party’s priorities & positions.

• In the House, they are typically close with the Speaker of the House.

Majority/Minority Whip

• Elected Position (within party; independents will caucus with a party)

• Organize Support from Parties (convince people to vote in favor of their party/stance)

• Less Successful in the Senate due to independent voting.

Speaker of the House (House)

• Presides Over Debates — Decides who speaks and for how long

• Committee Assignments

• Routes Bills through the House

Clerk of the House (House)

• Elected by House of Representatives - Not a House Member

• Manages all Paperwork & Records of House Debate/Bills

Chaplain (House)

• Elected by House of Representatives - Not a House Member

• Religious Leader of House

• Opens & Closes Sessions with a Prayer

Sergeant at Arms

• Elected by House of Representatives - Not a House Member

• Breaks up Fights

• Introduces President in the State of the Union Address

Congressional Perks & Pay

• Office Rent & Staff Paid For (local offices in districts/state)

• Congressional Shop with Expenses Account (keychains, golf clubs, etc.)

• Free Phones & Postal Service

  • Franking: Postage to constituents that describes what a Congressperson did during their term in Congress.

  • Congress can not use their Free Postal Service to campaign

• Computer Service & Computers

• Travel Allowance & Funds

• Medical Clinic

• Research Opportunities — get information on specific topics for constituents.

• Incumbent Advantage

  • Do things for your district = get support (Case Work)

  • “Pork Barrel” Spending: Wasteful Government Spending for Political Gain

Congressional Staffing

• Very Loyal, but not paid well

  • May have a close relationship with the congressperson

• Senate Members get 40 Employees, House Members get 18 Employees

  • Speaker of the House has ~900 Staff Members!

  • More Staff Members can be Requested

Congressional Staff: Chief of Staff

Manages the Congress member’s Calendar & Schedule

Congressional Staff: Legislative Assistant

Assists with the drafting/writing of bills

Congressional Staff: Press Secretary

Runs the Congressperson’s Press/Publicity Schedule (news, radio, etc.)

Congressional Staff: Phones, Email, & Communications Branch

Picks up the Phone & responds to Emails

• In charge of Case Work to retain constituent support for the Congressperson.

Congressional Staff: Legislative Liaison

Assigned to keep an eye on bills and their progress in congress.

Congressional Privileges (Legal)

• Congressmen are free from arrest while attending sessions and traveling too and from them.

  • Exempt from minor traffic violations, jury duty, and civil suits.

• Freedom of Expression: Can speak freely about political issues and can not be charged for anything they said while in Congress.

Bill

A proposed law introduced within legislature that has not yet been passed, enacted, or adopted.

Law

A bill or act that has been passed by a legislative body.

Public Bill

A proposed legislative bill that deals with matters of general concern and application (ex. national matters)

Private Bill

A proposed legislative bill that deals with something very specific (ex. local affairs, a specific national park, a specific ski lift, etc.)

Appropriation Bill

A legislative motion authorizing the government to spend money.

Simple Resolution

A measure dealing with housekeeping or other procedural matters that only affect one chamber of Congress. (ex. internal rules, staplers in stock, etc.)

Joint Resolution

A measure, that when approved by both houses & the president, carries the force of a law. (this is how a bill becomes a law)

Concurrent Resolution

A legislative motion that must be approved by both houses, but does not have the force of a law (ex. broad philosophical statements)

Standing Comnittee

A permanent panel with full legislative functions and oversight responsibilities

• Subcommittees can be formed to tackle specific tasks that fall under the jurisdiction of the full committee.

Select/Special Committee

Committees appointed for a limited purpose of time. (ex. impeachment committees, watergate committee, JFK assassination committee, etc.)

Joint Committee

A committee that includes members from both the house & senate.

• Conduct studies together or perform housekeeping tasks

Conference Committee

Includes members from both the house & senate

• Created to work out differences between bills and create one bill.

17th Amendment

(1913) Senate becomes elected by the people (no longer elected by governors and state legislatures)

Seniority in Congress

Congressmembers who have been a part of Congress (or their committee) for a long period of time are likely to be elected into more leadership positions (ex. committee chairman)

• Must be in the majority party to be elected into these positions

Presidential Veto

The President denies a bill from Congress (95% chance it has died)

• 67% Congressional Vote to Overturn a Veto

• Veto Message: President’s explanation as to why they chose to veto a bill.

Pocket Veto

If Congress is In Session, and the president leaves office for 10 days, any bills are automatically made a law.

• If Congress is also out of session, the bill is automatically vetoed (president does not need to give a veto message)

Signing Statement

Occurs when the President states that they do not support a specific section from a bill, influencing bureaucracy (federal agencies) to not enforce a specific section from a bill. (backdoor line item veto)

POTUS & Congress Relationship

Congress & POTUS should have a close relationship (Checks & Balances)

• Senate confirms Presidential Appointments

• POTUS confirms/signs Congressional Bills

Fillibusters

Started when the Senate utilizes their unlimited debate to prevent debate/voting on a bill.

• Founding Fathers: Wanted it to be available as a tool to switch majority voters over to the minority on a bill.

Cloture

The vote to end a Fillibuster in Senate. 60% Supermajority required.

• Not often supported due to the Senate’s tradition of unlimited debate.

Rules Committee & Open v. Closed v. Modified Bills (House)

Congressional Bills must be voted on and approved here after Committee mark-up, but before floor debate. It is decided if a bill will be open, closed, or modified.

• Open Bill: Amendments can be added to the bill during Floor Debate

• Closed Bill: Amendments cannot be added to the bill during Floor Debate

• Modified Bill: Only relevant amendments can be added to the bill during Floor Debate

Reapportionment

Every 10 Years (Census), the distribution of congress members among states is remapped. (ex. Texas gains house members & Illinois loses house members)

• Trend: Sun Belt (South-east) is gaining members, and the Rust Belt (Midwest) is losing members.

Redistricting & Gerrymandering

After Reapportionment…

The redrawing of state district maps based on their updated number of house members.

Gerrymandering: The strategic drawing of district boundaries in a state in an effort to provide a specific political party with more electoral votes.

• Gerrymandering is illegal!

Framer’s Intent of Article 1 (Congress)

The Framers were very cautious with this branch, as the House of Representatives were meant to represent a cross-section of the American People.

• The Senate was made to counterbalance the House of Representatives

• Afraid of Military Dictatorship, Takeovers, etc. of the President —> Checks & Balances

Censure

Officially declaring disapproval in Congress in regards to the actions of a member.

• Faced minimal support from other members until they publicly apologized for their actions.

Expulsion

Being Kicked from Senate (ex. for Bribery, Slander, etc.)

• Rare

• Requires 67% Supermajority

Discharge Petition

A petition requiring a 50% vote from Congressmen to expedite the review of a bill (often from a minority party) in a congressional committee.

• Political Majorities Matter!!!

Gridlock

When nothing getting done in congress (ex. no bills passed) due to republicans and democrats shutting each other’s bills down.

House of Representatives — Constitutional Powers

• Initiate all Revenue Bills

• Pass Articles of Impeachment

Senate — Constitutional Powers

• Provide “Advice & Consent” to Presidential Nominations

• Approve Treaties

• Try Impeached Officials

Differences in the House & Senate

• The House is often more centralized and has stronger leadership than the Senate

• The Senate often has more political prestige than the House

• The House is more influential on the budget

• The Senate is more influential on foreign affairs

• The House is often more specialized than the Senate

• Seniority is more important in the House

• Unlimited Debate in the Senate