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What establishes Legislative Branch?
Article I
House of Representatives
Members: 435 (population based)
Minimum age: 25
U.S Residence Requirement: 7 years
Term Length: 2 years (all members reelected every 2 years)
Constituents: 1 per 750k
More public pressure --> more connected to people
Limited and formal debate – 1 hour
Led by Speaker of House
Less coalitions than senate
Senate
Members: 100 (2 per state)
Minimum age: 30
U.S Residence Requirement: 9
Term Length: 6 years (1/3 elected every two years for continuous body)
Constituents: 3.3 per million
Less public pressure --> more connected to states
Unlimited and informal debate (filibuster)
Led by VP and President pro tempore
Why is having majority in Congress so important?
They get to determine who leads every committee
both chambers refer bills to committees ---> majority chooses who runs the most important and can sway legislation their way
Coalitions
More likely to form in the Senate due to longer terms
Representatives who come together to pursue shared goals
Alliance among Senators (can be across party lines) to achieve specific legislative goals
Specific Enumerated Powers of Congress
Passing a federal budget, raising revenue by laying and collecting taxes, borrowing money, coining money
Declaring war/providing fund necessary to maintain armed forces
Determining the process for naturalization (becoming U.S citizen)
Regulating interstate commerce
Creating federal courts and their jurisdictions
Enacting legislation under authority of necessary and proper clause
Conducting oversight of executive branch, including federal agencies in bureaucracy
Pork Barrel Legislation
Funding for a local project that is slipped into a larger appropriation bill
Example: Alaska's "Bridge to Nowhere"-- 400 million, used to secure their political support
Logrolling
Combining several pieces of legislation into one bill to secure enough votes for passage
Why is the House of Rules Committee so important?
Because it establishes rules for debates on bills (control)
when & how long, who and what amendments can be made to a bill
Committee of the Whole
Relaxes debate rules by majority vote (100 members needed to conduct a business)
Discharge Petition
Majority vote to get a bill out of committees to the floor
Unanimous Consent
Agreement from all to get work done faster (no filibuster) and most common way to bring bill to the floor
Holds
prevents bills from going on the floor for vote
Conference Committee
Both chambers refer bills to committees, which conduct hearings
reconciles differences in bills, includes ppl from both houses; comes here after both houses view a bill and differences arrise
What makes up “revenue?”
Income tax
Corporate tax
Payroll tax
Tariffs
Interest
Mandatory Spending
2/3 of Federal budget
Must be spent by law, entitlement spending
Ex: Social Security, Medicare, Medicaid
Discretionary Spending
1/3 of Federal budget
Leftover money that is fiercely debated over and approved yearly
Ex: defense, education, infrastructure
Entitlement Spending and Discretionary Spending
Entitlement spending should go up, discretionary goes down (unless tax revenues increase/budget deficit increases)
Redistricting
Process of drawing electoral district boundaries
Gerrymandering
Redistricting to manipulate electoral district boundaries with the intent of creating a political advantage
Ideological Divisions in Congress
Partisan Voting
Trustee
Delegate
Politico
Partisan Voting
When members of Congress vote based on their political party affiliation
Trustee
Voting based on own knowledge and independent judgement
Delegate
Sees themselves as an agent of those who elected them and will vote on issues based on the interest of their own constituents
Politico
combination of trustee and delegate
Lame Duck President
Outgoing president who successor has already been chosen
If outgoing president loses: 2-month period between winner of the election winning and their inauguration. The president is then often seen as having less power, as officials know that they will not be in power for much longer.
Political polarization
When political attitudes move toward ideological extremes --> gridlock
Gridlock
Situation in which no congressional action on legislation can be taken due to lack of consensus
How do the branches compete?
They compete by checking each other's power so one does not become too dominant:
President (exec) can veto legislation while Congress (legis) can override this veto-- also impeachment
Courts (jud) can declare laws or exec actions unconstitutional; Congress (legis) can limit judicial jurisdiction or put forth amendments to overturn court decisions
President (exec) appoints fed judges while courts (jud) can rule against exec orders
How do branches cooperate?
Cooperate by working together
Congress and president: drafting, passing, signing laws; foreign policy and treaties
Exec enforces court decisions; fed judges picked by pres and confirmed by Senate
Role of Speaker of House
oversees House proceedings, maintains order, and ensures rules are followed during debates and votes
leader of the majority party
appointing members to committees
Role of VP (in senate)
presides over Senate but barely around; makes big tie-breaker vote
Role of pro tempore
usually held by senior member, presides over Senate in absence of VP
Filibuster
speeches used to prolong debate and delay/prevent voting on a bill
Cloture motion
can end a debate (filibuster) with a 60% vote
Power of Purse (Where do they start?)
Congress has power over $$$
Must began in House because more connected to the people***
Riders
Provisions/amendments added to bill unrelated to primary purpose
Example: mandate for federal standards on state ids attached to a military spending bill
Impeachment
(House) act of bringing formal charges against a gov officia
Removal
(Senate) actual trial
Disappearing Middle
As of recent years, less moderates and more radicals
Why is Senate viewed as the Upper House?
Fewer members = ability to act independently from public influence for sake of balance
Unique Powers of Senate
Approval of appointments government officials like the President
request holds
ratify treaties
Divided Government
when different political parties control the executive branch and Congress
Unified
When same political party controls both Executive Branch (president) and both chambers of Congress
Shaw V. Reno
Racial Gerrymandering
Petitioner - Shaw (against racial gerrymandering)
Respondent - Reno (argued racial gerrymandering was for the best of minorities)
5-4 in favor of Shaw —> racial gerrymandering banned
How does a bill become a law?
Start with ideas
Pro Tempore/Speaker
Committee
Bills die or go to the floor
They discuss with a conference committee