AP Gov Legislative Branch

Baker v. Carr

Charles W. Baker and other Tennessee citizens alleged that a 1901 law designed to apportion the seats for the state's General Assembly was virtually ignored. Baker's suit detailed how Tennessee's reapportionment efforts ignored significant economic growth and population shifts within the state.

Did the Supreme Court have jurisdiction over questions of legislative apportionment?

6-2 decision for Baker.

State reapportionment claims are justiciable in federal court.

In an opinion which explored the nature of "political questions" and the appropriateness of Court action in them, the Court held that there were no such questions to be answered in this case and that legislative apportionment was a justiciable issue. In his majority opinion, Justice Brennan provided past examples in which the Court had intervened to correct constitutional violations in matters pertaining to state administration and the officers through whom state affairs are conducted. Brennan concluded that the Fourteenth Amendment equal protection issues which Baker and others raised in this case merited judicial evaluation. Justices Douglas, Clark, and Stewart filed separate concurring opinions. Justice Frankfurter, joined by Justice Harlan, dissented. 

Shaw v. Reno

The U.S. Attorney General rejected a North Carolina congressional reapportionment plan because the plan created only one black-majority district. North Carolina submitted a second plan creating two black-majority districts. One of these districts was, in parts, no wider than the interstate road along which it stretched. Five North Carolina residents challenged the constitutionality of this unusually shaped district, alleging that its only purpose was to secure the election of additional black representatives. After a three-judge District Court ruled that they failed to state a constitutional claim, the residents appealed and the Supreme Court granted certiorari.

Did the North Carolina residents' claim, that the State created a racially gerrymandered district, raise a valid constitutional issue under the Fourteenth Amendment's Equal Protection Clause?

5-4 decision for Shaw.

Yes. The Court held that although North Carolina's reapportionment plan was racially neutral on its face, the resulting district shape was bizarre enough to suggest that it constituted an effort to separate voters into different districts based on race. The unusual district, while perhaps created by noble intentions, seemed to exceed what was reasonably necessary to avoid racial imbalances. After concluding that the residents' claim did give rise to an equal protection challenge, the Court remanded - adding that in the absence of contradictory evidence, the District Court would have to decide whether or not some compelling governmental interest justified North Carolina's plan.

Political Thicket

refers to the complex and often partisan issues surrounding legislative redistricting, coined by Justice Felix Frankfurter, who argued courts should avoid these issues but were later compelled to enter them

Senate Requirements

30 yrs age, 9 yrs citizen, resident of state. 6 year terms, 3 classes, unlimited times. constituency over state. Less governed by rules, more power to individuals, more informal. senators are staggered so 1/3 are up for reelection every 2 years. in original constitution, state legislatures elected senate. 17th amendment in 1913 replaced this with direct election.

House Requirements

25 yrs age, 7 yrs citizen, resident of state. 2 year terms, unlimited times. constituency over district. more governed by rules, formally structured, more power to individual leadership positions. Elected directly by eligible voters in district and close to people. short term keeps them close and accountable.

Powers of Congress

lawmaking, budgeting, oversight of federal bureaucracy comprised of departments and agencies that carry out the law. regulate interstate commerce, budget, imposing and collecting tax, borrowing and coining money, declaring war, funding armed forces, controls naturalization, passing national policy laws (most important). Judicial: creates levels of judicial branch below supreme court and # of justices

Powers of House

revenue raising bills must start in the house, impeachment articles for both executive and judicial.

Powers of Senate

Propose budget amendments. Senate has become co equal partner in setting national revenue policy.

pork barrel spending

allocation of government funds for localized, specific projects that benefit a particular district, often added to larger bills without public hearings. used this to secure political favor and reelection, though it is frequently criticized as wasteful and a contributor to the federal deficit. 

oversight

congress power to review actions by executive branch to make sure they act legally and in alignment with Congressional goals and over other branches as well

redistricting

states’ redrawing of districts for house after each census. apportionment process occurs every 10 years, determines #of reps in house, based on census. every district has 1 rep. Malapportionment is uneven distribution of pop among districts. Gerrymandering is intentional use of redistricting to benefit a specific group, usually at another’s expense.

incumbency

being already in office when running for reelection. comes with advantages: media coverage, record, recognition, but scandals may tarnish rep.

Leadership in House

435 members. Speaker of house is leader of house and chosen by members, from majority party. power over house agenda and committee assignments. House majority leader is 2nd in command. Minority leaders are head of minority party and coordinates activity, opposition to majority, includes whip

Leadership in Senate

VP constitutionally leads senate but not in practice. senate majority leader has most power in senate, but less than speaker of house

Committees

exist to divide workload. chairs have influence over committee processes and setting its agenda. leader of congressional committee. House committees have more members. new reps join committees that benefit their district for incumbency and for policy change. Types: standing: most work in congress done here. permanent and divided by policy. members are experienced. joint: contains house and senate members. gather info, focus attention, speed legislation. conference: temporary joint committee that resolves differences between house and senate versions of a bill. required process. select/special: temporary, investigates crises, scandals

whip

member of congress chosen by party members who ensure party unity and discipline. collects info about how individual members are planning to vote, sets party strategy in congress

Political action committee PAC

organization that raises money for candidates and campaigns

federal budget

step 1 president proposes budget. Congressional budget office assists committees that review the proposed budget. Entitlement programs provide benefits to those who qualify under law regardless of income like social security and medicare, consumes lots of federal spending. mandatory spending is required by existing laws, locked in budget. discretionary spending is for programs and policies at discretion of congress and president, including defense. step 2 congress acts. produces budget resolution that outlines federal spending. house and senate appropriations committees set budgets for bureaus, depts, agencies then they submit budget resolutions that are passed from congress to president

roles of congress members

delegate: main duty of member is to vote according to constituents’ votes. trustees: members make rational decisions. politico: balance choices w/interests of constituents and political party

partisanship

prejudice in favor of a cause or party. bipartisanship: agreement between parties to pass legislation. gridlock: slowdown in congress ability to overcome division in partisanship. divided government: control of presidency and one or both chambers of congress split between two major parties. lame duck period: end of pres term when congress may block presidential nominees and initiatives