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Filibuster
The Senate practice of extending debate to delay or block a vote on a bill or nomination.
Origin of the Filibuster
Emerged when the Senate removed the “previous question” motion in 1806, making it harder to end debate.
Cloture Rule (Rule 22)
The Senate rule allowing a supermajority (usually 60 votes) to end debate and proceed to a vote.
60-Vote Threshold
The number of votes needed to invoke cloture and end most filibusters in the modern Senate.
Nuclear Option
A change in Senate precedent allowing a simple majority to overcome filibusters for certain matters (e.g. nominations).
Filibuster Reform Options
Formal rule change, creating a new precedent (nuclear option), or limiting filibuster scope or use.
Purpose of the Filibuster
To protect minority rights and encourage debate, but often criticized for causing gridlock.
Reform Challenges
Senators hesitate to remove it because it protects the minority, and majorities fear losing that protection later.
Congressional Committees
Groups in Congress that handle specific policy areas, legislation, and oversight.
Standing Committee
Permanent committees that handle broad policy issues and oversee agencies (e.g. Judiciary, Appropriations).
Select or Special Committee
Temporary committees formed to investigate or address specific issues.
Joint Committee
Committees with members from both the House and Senate that handle administrative or oversight tasks.
Committee Functions
Hold hearings, gather information, draft and amend bills, and oversee the executive branch.
Importance of Committees
They divide labor, build expertise, and control which bills advance in Congress.
Powerful Committees
Committees like Ways and Means or Appropriations that influence taxation and spending.
Legislative Oversight
The process by which committees monitor and evaluate executive agencies and programs.
Commander in Chief Clause
Article II, Section 2: The President commands the U.S. military and state militias when federalized.
Purpose of the Clause
Ensures civilian control of the military and centralizes command in one elected leader.
Congressional War Powers
Congress retains authority to declare war and regulate military forces.
Presidential War Powers
President can direct military operations but must follow laws passed by Congress.
Civilian Control Principle
Prevents the military from becoming independent or dominant over civilian government.
Limits on Commander Power
The President cannot defy lawful limits set by Congress (e.g., funding restrictions, War Powers Act).
Militia Authority
The President commands state militias when they are called into national service.
War Powers Debate
Ongoing tension over whether the President or Congress controls the initiation of military action.
Presidential Duties Clause
Article II, Section 3 outlines the President’s main constitutional responsibilities.
State of the Union Duty
President must report to Congress and recommend measures deemed necessary and expedient.
Recommendation Power
The President can propose laws and policy priorities to Congress.
Convening Congress
The President may call Congress (or one chamber) into session during extraordinary occasions.
Adjournment Power
If the House and Senate disagree on adjournment, the President may adjourn them (never used).
Receiving Ambassadors
The President formally recognizes foreign governments and diplomats.
Take Care Clause
The President must “take care that the laws be faithfully executed,” ensuring enforcement of federal laws.
Commissioning Officers
The President formally appoints and commissions all officers of the United States.
Balance of Powers
The duties clause shows cooperation between the President and Congress, not unilateral power.