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How does the Constitution reflect that the Senate is designed to represent states equally, while the House is designed to represent the population?
The number of representatives in the House is based on population: "...The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative..." The number of senators is the same for every state: "The Senate...shall be composed of two Senators from each State..."
Reapportionment
When the number of representatives for each state is renegotiated; it happens every ten years.
Redistricting
When the borders for congressional districts are redrawn in a state; it happens at least every ten years, but states can do so more often; the party in power of the state usually redistricts.
Gerrymandering
The manipulation of the boundaries of a constituency to favor one party over another
How does gerrymandering impact elections?
It allows a state to have more elected officials of a party than the popular vote would suggest is appropriate because the party in power sequesters the opposing party's supporters into a few concentrated districts.
What is the chamber size for the House? For the Senate?
435 for the House, 100 for the Senate
How do the differences in chamber sizes and constituencies influence the formality of debate in the House and the Senate?
The House's large size makes debate more formal, as there are many more people to be heard. The Senate is smaller, and the longer terms make it the more prestigious of the two chambers, so debate is less formal.
What is the term for members of the House? For the Senate?
The House is 2 years, Senate 6 (but the elections are still every two years, for one third of the Senate).
How are coalitions in Congress affected by term length differences?
House members are more bound to their constituents' wishes because they face reelection every two years. They also tend to get less work done because they have to refocus on campaigning just a short while into their term. The longer terms in the Senate allow for some insulation from their constituents' wishes, and allow for more work to be done because they don't have to campaign as frequently.
Regarding powers/areas of specialization, what is the House known for?
All revenue bills must originate in the House, they have the ability to impeach (not try), and they elect the president in case of failure to reach a majority in the Electoral College.
Regarding powers/areas of specialization, what is the Senate known for?
Advice and consent, trial of impeachment, approval of treaties/foreign policy in general.
What are three enumerated powers of Congress (Article I, Section 8) that significantly increase their power? If necessary, define the power.
Taxation, regulating commerce (commerce clause), military powers - declaring war.
How does the Necessary and Proper clause impact the amount of power Congress has? Explain.
It stretches it, because it allows them to do anything necessary to carry out their specific powers. SCOTUS cases have further expanded Congress' power under this clause by reaffirming that anything that is argued necessary to an enumerated power is constitutional.
What does the policymaking process look like?
A piece of legislation is brought up; sent to committee, where legislators might request bureaucratic reports, expert testimony, they amend the bill and it's sent back for a full vote.
How do differences in the House and Senate impact the policymaking process?
The Senate is smaller and allows for more debate, and they also have the ability to filibuster, which can kill legislation. In the House, committees are more responsible for the bills and there is less debate.
What role do committees serve in Congress?
They markup legislation and refine it before the entire body votes on it; essentially, legislation is delegated to them to "deal with".
What is the main role of a standing committee? Give an example of a powerful one in the House and one in the Senate.
To recommend action on their jurisdiction; HoR -- Rules Committee Ways and Means Committee (main taxation committee), Senate: Finance Committee, Judiciary committee (holds judicial appointment confirmation hearings).
What is the function of a select committee? Give an example of one.
A committee established for a short period of time to deal with a certain issue; Select Committee on Watergate.
What does a conference committee do?
A temporary committee between the House and Senate to resolve differences on a bill.
Speaker of the House
The head of the House of Representatives; one of the most important political offices in the country. Essentially decides the legislative agenda for their party and the House because they're in charge of assigning leg to committee
President of the Senate
Head of the Senate is technically the Vice President who only votes if there is a tie, the Majority Leader of the Senate has similar job to Speaker. Sets legislative agenda for the Senate (Majority Leader).
Committee Leadership
The leaders of different committees that set timelines for and head the various committees in the Senate and House. Sets agenda for individual committees; can bury policy - Chairpersons are always the majority party.
Filibuster
S: A tactic used to delay or block action on a bill or other measure. Can stop/kill legislation if successful.
Cloture
S: Limits debate to an additional 30 hours with a 3/5 majority. Defeats a filibuster
Hold
S: An informal measure by which a legislator can inform their party leader that they don't wish a bill to reach the floor. Can kill legislation.
Unanimous Consent
S: A vote to set aside particular rules to expedite the decision on a bill or other measure. Can expedite legislation.
Rules Committee
H: Responsible for deciding the rules of debate on a bill in the House. Can kill or expedite a bill by limiting debate.
Committee of the Whole
H: A meeting of the body under modified rules. Changes the rules under which a bill is debated.
Discharge Petition
H: Brings a bill out of committee without a report. Expedites voting on a bill.
What is Congress's role in the creation of the federal budget?
Congress is in charge of the budget and spending. The president usually submits a budget request, but Congress marks it up and ultimately has the final say in how money is spent. They also collect taxes and borrow money on the United States' behalf.
Discretionary Spending
Spending that is up to the government to decide every year; non-mandatory, spent through appropriation bills that are new every year. ex: spending on defense budget
Mandatory Spending
Money that must be given to a certain program; required by a permanent law. ex: Social Security
What is the biggest part of America's discretionary spending?
Military
Budget Deficit
When the government spends more money than it makes in a year.
What impact does cutting taxes have on a budget deficit?
It increases the deficit because it decreases the revenue of the government without decreasing the spending.
Ideological Divisions within Congress
When there is significant differences in ideology between the two parties in Congress. Can cause gridlock, essentially stopping up policy making.
Divided Government
When one party controls the executive branch and the other controls one or both of the congressional chambers. More vetoes, can create a president who can't really do much governing. Can deny appointments of lame duck pres, etc
Lame Duck Sessions
The period of time during which the sitting president's successor has been already chosen; happens when pres is different party than Congress. Congress can deny appointments (ex, Obama being unable to appoint SCOTUS justice for remainder of term).
How does a member of Congress vote if they're acting as a trustee?
Legislators that follow their own conscious; their constituency trusts their decision making.
How does a member of Congress vote if they're acting as a delegate?
Legislator strictly adheres to the wishes of their constituency.
How does a member of Congress vote if they're acting as a politico?
Legislators act as trustees until their constituency voices a particularly strong opinion on an issue, at which point they function as a delegate.
What were the significant facts of Baker v. Carr (1961)?
Baker felt that his vote didn't count as much as people living in rural areas because his district had many more people, but not a proportionate amount of representatives. His urban district had grown in population, but the rural ones had not, and no redistricting had occurred to fix this. He sued under the 14th amendment equal protection clause, because he felt his vote was not being protected equally.
What was the precedent set in Baker v. Carr (1961)?
The "one person, one vote" precedent was set, meaning that districts had to have proportionate populations (not physical sizes) to be constitutional. It also set the precedent that the Supreme Court could rule on state redistricting cases.
What were the significant facts of Shaw v. Reno (1993)?
A district in NC was drawn to essentially include a large portion of the black population in the state, with hopes that a black representative would then be elected to Congress. However, the district was only as wide as the highway in some places, being neither compact nor particularly contiguous. White voters sued under the equal protections clause of the 14th amendment. The Supreme Court ruled that the district must be redrawn.
What was the precedent set in Shaw v. Reno (1993)?
It set the precedent that districts must be compact and contiguous, and that state legislators cannot draw a district solely or primarily based on race.
Veto
Allows the president to prevent legislation from becoming law. Supermajority in both chambers can override.
Pocket Veto
A bill fails to become law because the president does not sign it, but it cannot go back to Congress within 10 days because Congress is not in session. It is not subject to override, so Congress would have to reintroduce it as new legislation.
Treaty Negotiation
The president can make treaties with other countries. In order for the treaty to take effect, it must be ratified by a supermajority in the Senate
Executive Agreements
Agreement between the executive branch and a foreign government that can act as a treaty without Senate ratification - NOT binding on future presidents. Cannot supersede any US laws.
Commander in Chief
The president has the authority to send troops into combat. If president sends troops for >60 days, congressional approval is needed.
Executive orders
The president can order something into law without congressional approval. Congress can write a law that overrides, but POTUS will likey veto, so supermajority can override it.
Signing statements
Essentially a line-item veto; the president can override parts of a bill while passing others. They could be limited if the Supreme Court ruled them unconstitutional.
Pardon
Allows president to forgive sentences, usually in high profile cases. Can pardon impeachments.
Appointment
President appoints and removes staff from White House. Senate must confirm.
Describe how unified vs. divided government can impact judicial appointments.
If the government is unified, judicial appointments usually go through with few problems. If the government is divided, it is harder to get judicial appointments to go through (ex. Supreme Court seat held open for remainder of Obama's term).
What kind of executive was set forth in Federalist 70?
An energetic, singular executive.
Why did Hamilton argue this was the best type of executive?
Because it would force accountability; if there was only one executive, they would have no one to hide behind if they mess up.
How did the 22nd Amendment restrict the power of the president?
It sets a limit on how many terms the president can serve.
What president greatly expanded the power of the executive? (hint: it hasn't shrunk since then).
Franklin D. Roosevelt (FDR) greatly expanded the power of the executive and ushered in the "modern presidency".
Bully Pulpit
Franklin D. Roosevelt (FDR) greatly expanded the power of the executive and ushered in the "modern presidency".
How can POTUS use the power of the bully pulpit to advance policy wishes? Use an example if you can.
They can speak out on an issue and basically sic voters on an official; if they don't vote a certain way, POTUS will smear them and ensure they won't be reelected.
What is the State of the Union? Does POTUS have to give one? How can it help POTUS?
It's a speech regarding what is happening in the country; yes, the president must give one; it is one of the few times the president can address all branches at one time and the American public.
What is the power of the judicial branch?
To determine the constitutionality and legality of actions.
Where did that power come from?
Article III Section 1 of the Constitution and the holding in Marbury v. Madison.
What was the holding in Marbury v. Madison 1803?
SCOTUS has the power of judicial review.
Judicial Review
SCOTUS has the power to determine the constitutionality of a legislative act.
According to Federalist 78, why was judicial review necessary?
Fed 78 says that the Constitution is the supreme law of the land, and that contrary laws must be struck down. Judicial review gives SCOTUS the power to strike these unconstitutional laws.
According to Federalist 78, why is life tenure needed?
To protect from the wills of the people; the justices must not be beholden to a constituency, they must be beholden to the Constitution only.
Describe how justices get on the Court.
They are appointed by the President and then confirmed by the Senate.
Stare Decisis
"Let the decision stand," just deferring to the precedent already set by the court. Precedent.
Describe how stare decisis impacts judicial decision making.
Decisions usually stand, so things usually remain the same. The court can reverse its decisions, though (ex. Plessy v. Ferguson to Brown v. Board of Education).
How can ideology of the Court change decisions/precedent over time?
A liberal leaning court will swing the precedent to the left, vice versa with a conservative court. Activist courts will make bold policy decisions, where a restrictive court will not make policy decisions, usually defaulting to stare decisis.
How is the Court insulated from public opinion?
They have no term limits and are not elected
How can controversial/unpopular decisions challenge the Court's legitimacy?
If people don't like the court's decision, they are likely to call it illegitimate and call for term limits or for the court to be elected.
Judicial Activism
Makes bold policy choices from the bench; "legislating from the bench".
Judicial Restraint
Leaves legislation to other branches and focuses on the constitutionality of legislation.
Does judicial activism or judicial restraint give the Court more power? Explain.
Judicial activism, because it bleeds over into legislative powers, expanding the court's power.
What can Congress do if they disagree with a judicial ruling?
They can attempt to pass a constitutional amendment.
What can POTUS do if he disagrees with a judicial ruling?
They can choose to not enforce the ruling.
What can states do if they disagree with a judicial ruling?
They can also attempt to pass a constitutional amendment.
Aside from SCOTUS, who determines the federal court's jurisdiction?
Congress.
Bureaucracy
Government administration and non-elected members of the government.
Describe what the Cabinet is and what it does. Give an example of a department.
It's the board that advises the president; Department of State, Dept of Defense, Dept of Homeland Security, Dept of Education.
Describe what bureaucratic agencies do. Give an example of an agency.
Implementation, administration, and regulation; once a law is passed, they deal with the specifics of how it will be carried out; ex. NASA, Environmental Protection Agency (EPA), Food and Drug Administration (FDA)
Describe what regulatory commissions do. Give an example of a commission. How are they different than independent agencies?
A public authority responsible for regulating activity in a certain area; they are not independent from other arms of the government; ex. FDA.
Government Corporation
Undertakes commercial activities on behalf of the government; ex. United States Postal Service - provides a service to the people, but charges for it.
Iron Triangle
The relationship between Congress, bureaucratic agencies, and interest groups; Congress gives funding to the bureaucracy, who then implement the laws of Congress; the bureaucracy gives special favors to interest groups, who lobby for Congressional support; interest groups give electoral support to Congress, who write favorable legislation for the interest groups
Patronage
Granting favors or giving contracts or making appointments to office in return for political support.
How is patronage different from the civil service system/merit system?
The merit system appoints people based on their merit; patronage grants appointments based on political support.
Why has there been a shift from patronage to merit?
The Pendleton Act of 1883 - bureaucracy was corrupt and inefficient.
Bureaucratic Discretion
The ability of the bureaucracy to make and enforce rules within their appointed authority.
Describe why Congress defers to bureaucrats to make rules and regulations regarding policy?
Bureaucrats are often experts and know how to best implement the policy that Congress writes - Congress leaves the details to the experts.
Oversight
The act of overseeing something; Congress oversees the bureaucracy and ensures they are operating functionally and spending money appropriately.
Give an example of Congress exercising oversight.
Requesting audits from agencies to ensure they are spending money appropriately (US Government Accountability Office).
How does Congress ensure that bureaucrats implement the law in the way Congress intended?
It monitors them to ensure constitutionality; they can override unsatisfactory regulations and impeach members of the bureaucracy.
How else can Congress control the bureaucracy?
Impeachment of bureaucrats.
How does POTUS control the bureaucracy?
By appointment of members; executive orders to compel agencies to do/not to do something; increasing/decreasing budget.
House of Representatives
representatives elected by each state, # depends on population size; advantageous for larger states
Senate
2 representatives from each state;advantageous for smaller states
bicameral
a legislature divided into 2 houses, US Congress and every US state legislature except Nebraska's are bicameral
