Unit 4

Article 1

Article 1

establishes the legislative branch: the structure, functions, and authority of national legislature

bicameral legislature

composed of two separate legislative bodies (Congress is this)

House of Representatives

representation based on a state’s population (435 members); based on percent of US population

Senate

representation is equal for each state (2 per)

House members

serve 2 years (all up for election every even year)

Senators

serve 6 year terms, 1/3 being elected every 2 years

House candidates

must be 25, citizens, and residents for 7 years

Senate candidates

must be 30, citizens, and residents for 9 years

Senate elections

statewide: all voters in a state can vote, never two senate elections in the same state at the same time

Senate campaigns

typically cost $2 million

House campaigns

typically cost $500,000

House elections

all the same size by district (typically 650,000 people)

“all politics is local”

phrase that describes the need to balance local interests and need to create policies for entire nation

dynamic and interactive

Congressional representatives should be this; have the opportunity to go back home to listen to constituents

universal coalition

during campaigns, Congresspeople advertise and claim credit for the things they brought home from Congress (single-minded seekers of reelection)

delegate

a representative who casts votes consistent with the desires of the majority of the constituents they represent

trustee

a representative who casts votes based on what they think is best

Congress

most powers specifically granted to national government are to___, including to lay and collect taxes, borrow money on US credit, regulate commerce with foreign nations and among states, establish post offices+roads, issue patents+copyrights, establish federal courts, declare war, raise armies+navy, nationalize state militias, exercise ‘exclusive legislation’ over federally owned land

implied powers

come from “General Welfare” clause in preamble, “Necessary and Proper clause”, and the “Commerce Clause”

exampled of implied powers (to Congress)

the national bank, highway system, Air Force and Marines, Social Security, laws regulating business between states+residents

impeachment of President, VP, and all civil officers

means they have been charged with treason, bribery, or other high crimes and misdemeanors

trial after impeachment

conducted to determine innocence/guilt

removed

if convicted, officer is

House

only this group can bring charges against an executive branch officer

at least one article of impeachment

if this is approved by majority vote, the officer is impeached

Senate

prosecutors with final verdict in impeachment (no appeals), conviction cannot extend past removal from office and disqualification from holding office

regular criminal court

impeached officials may later be tried here to be subject to layperson punishment

state and national legislative processes

mirror each other: define crime+punishment and establish levels of taxation+spending

a public policy problem

a bill is “born” to propose a solution to

press conferences, co-sponsors

ways to catch congressional+public attention in order to pass a bill

House

has 19 committees that address a bill by their specific area of legislative jurisdiction

Senate

has 17 committees that address a bill by their specific area of legislative jurisdiction

party leaders in each house

when it is unclear which committee a bill belongs under, these people choose which will consider the legislation

a committee’s agenda

bills can quickly die if not put on top of

legislative graveyard

committee referral and consideration is considered this

subcommittees

exist in addition to a bill’s committee: both hold hearings, can mark up/amend, brought back to committee when finished

dead

if a bill is kept instead of sent for further consideration, bill is

gatekeepers

committees are this in allowing only serious+credible legislation to be considered by full House or Senate for the sake of time (possible but rare to discharge a bill for floor consideration)

the whole body where it was introduced

after it’s been reported out of committees, a bill is considered by this

parliamentarian

an expert in the rules and proceedings in each house, employed by the house

House of Representatives

much more regimented due to the size of the house

Senate

individual members of this house receive more floor time than the other

unanimous consent agreements

agendas in the Senate are determined by this to decide when bills will come to the floor

committee on Rules

establishes time and duration of debate on each bill that comes to the floor in the House

closed rule

does not allow for any amendments on a bill

open rule

allows for any number of amendments on a bill

modified-closed rule

allows only a specific number or a specific pre-approved list, of amendments on a bill

both parties

time for debate is equal between these people; one person from each side manages their side’s time for debate

filibuster

an obstructive tactic employed by an individual senator or group of senators who oppose a bill that would probably be supported by a majority of the Senate where to prevent the Senate from considering and voting on the bill, a senator refuses to give up the floor

cloture

Senate can invoke this with a 3/5 vote to end a filibuster

whole body votes

once all allowable amendments have been offered and voted on and time has expired, this happens

vocally

how Senate votes

electronically

how House votes

conference committees

used to avoid restarting process when similar bills are passed in the House and Senate, comprised of members of both parties of both houses- work out differences between bills+create a compromise version. No amendments allowed, just accept or reject

signs or vetos the bill

role of the President in the legislative process

2/3 majority vote

Congress can override a veto with this from both houses

threat of veto

allows president to control content of bill

line-item veto authority

power to remove or lower questionable spending requests from a bill (President does not have this)

Article 5

Amendments to the Constitution found here, been amended 27 times (first 10 and 27 during First Congress)

how Amendments are proposed

if Congress has 2/3 from each house in favor, or if 2/3 of legislatures from 50 states call for a Constitutional Convention (hasn’t happened since 1789)

how Amendments are ratified

3/5 of legislatures of the states are in favor or if 3/4 of special ratifying conventions in States (directed to be formed by Congress)- all except 21st were done by legislatures

Bill of Rights

way for Federalists to appease anti-federalists

Bill of Rights

established 7 year time limit on ratification after 18th amendment (longest was 27th which was 213 years)

Bill of Rights (first 10 amendments)

includes 27th proposed b/c it was proposed by Madison, provides people protection from officials abusing their offices

11th (Soverign immunity), 16th (directly tax incomes)

amendments dealing with scope of national government’s authority

13th, 14th, 15th

amendments dealing with civil rights+liberties for former slaves

12th, 17th, 20th, 22nd, 25th

amendments dealing with electing presidents, vice presidents, senators

19th, 23rd, 24th, 26th (and 15th)

amendments dealing with eligibility to vote in national elections

18th and 21th

amendments dealing with alcohol (which cancel each other out)

vague

many parts of the Constitution are intentionally __ to not require amendments, reluctant to add something that could reasonably be accomplished otherwise

unsuccessful amendments

limitations on size of House, Equal Rights Amendment, Balanced Budget Amendment, Anti-flag burning amendment, Gay marriage ban, Religious Freedom Amendment

penumbra

portion of the Constitution purposely left to debate and define; the ‘general welfare’ and ‘necessary and proper’ clauses

Article 2

Outlines structure, function, and powers of the executive branch

Oath of Office

once elected, President must swear this; implies president cannot serve indeterminate amount of time regardless of behavior

22 amendment

forbids 2 consecutive full terms

called lame ducks

2nd term presidents

small staffs

executive branch and Office of the President have grown due to the employment of

eligibility requirements for presidential office

‘natural born citizen’, 35 years old, resident for 14 years

electoral college

insulates the selection of the president from the whims of the people (fearful of direct democracy)

‘electors’ in electoral college

used to be free to cast votes to their choosing, now bound to vote for the candidate who received the most popular votes

Senators and House members

number of electoral votes equal to this, thus total of 538 votes in electoral college

23rd amendment

2 electoral votes allotted to D.C. by this

270

candidate must win this many electoral votes to win presidency

domestic policy and foreign affairs

“two presidencies” covers

The Domestic Policy Presidency

requires president to oversee execution and implementation of the law, has significant influence over legislative+judicial branches

functions of president as Chief Executive

see that laws of the land are executed consistent with the constitution, appoints leaders of executive branch departments, work w/ departments to implement programs and policies passed by Congress

president’s role in Judicial Nominations

appoints Supreme Court justices+other federal judges (w/ consent of the Senate), applies influence far beyond tenure of office- now face questions about political ideologies

president’s role as Chief Legislator

authority to influence+participate in legislative process, sets priorities through inaugural and State of the Union addresses, submits yearly budget (Budget and Accounting Act of 1921), can veto any legislation passed by Congress, influence exaggerated by bill-signing ceremonies

role of president as Commander-in-Chief

constitutional head of Army, Navy, Air Force, and Marines; commissions all officers in armed forces; appoints all high-ranking military leaders; can “make war” w/out explicit congressional cooperation

presidential War Powers

always been reluctant to include Congress in decisions to use military force

role of president as Chief Diplomat

receives all foreign ministers+ambassadors, primary representative, informal discussions/negotiations with world leaders, negotiates treaties, establishes “executive agreements”

Informal Powers of the Presidency

symbol of America+American government, “first citizen” and “voice of the people”, highest elected official in their party (leads, sets priorities, and rallies)

President’s Cabinet

originally departments of State, War, and Treasury, added: Defense, Homeland Security, the Interior, Agriculture, Commerce, Labor, Health and Human Services, Housing and Urban Development, Transportation, Energy, Education, and Veterans Affairs, includes Attorney General (head of Justice Department)

Cabinet consults with

National Security Counsel, joint Chiefs of Staff of the Armed forces, council of Economic Advisors, office of Management and Budget, office of Policy Development, White House Legislative Liaison Office

Article 3

establishes that Judicial Power of the United States is rested in the Supreme Court; extends to all cases, laws, and treaties made in the United States

original jurisdiction

Supreme is first and last court to hear cases affecting public ministers and consuls

appellate jurisdiction

authority to review decisions made by lower courts

adversarial

opposing sides in legal cases are almost always represented by professional advocates or attorneys (at the appeals level, there are no juries)

court of last appeal

once Supreme Court has decided, decision is final

a national, independent judiciary

need for this was apparent under the Articles of Confederation (acknowledged in Federalist No. 22)