Congress and the Executive: Study Notes

Unit 2 Study Guide: Congress General Information

Congress Overview

  • Senate

    • Members: 100
    • Representation: States
    • Vacancies: Filled by governor
    • Powers:
    • Ratifying treaties (requires 2/3 vote)
    • Confirmations
    • Impeachment trials (requires 2/3 vote to remove president)
    • Requirements: Must be 30 years old and a citizen for 9 years
    • Term: 6 years, no term limit

  • House of Representatives

    • Members: 435
    • Representation: Districts
    • Vacancies: Filled by special elections
    • Powers:
    • Initiate revenue bills (taxes/budget)
    • Initiate impeachment process
    • Requirements: Must be 25 years old and a citizen for 7 years
    • Term: 2 years, no term limit

Congressional Concepts

  • Senatorial Courtesy: Presidents allow state senators to block judicial nominations for federal position in the state.
  • Incumbency: Current officeholders have advantages in re-election due to various factors.
  • Franking Privileges: Incumbents can send mail free for political purposes (not direct campaign ads).
  • Gerrymandering: Redrawing districts within a state to favor one party.
  • Credit Claiming: Incumbents highlight casework and earmarks to constituents to gain favor.
  • Campaign Spending: Incumbents have greater access to campaign funds.

Powers of Congress

  • Enumerated Powers (Article 1, Section 8):
    • Passing a budget, collecting taxes, coining money, declaring war, maintaining military.
  • Implied Powers: Powers necessary to carry out enumerated powers (Necessary and Proper Clause).

Leadership in Congress

House of Representatives
  • Speaker of the House: Majority leader, manages committee assignments.
  • Majority Whip: Counts votes, mobilizes party.
  • Minority Leader: Speaks for minority party, nominates committee members.
  • Minority Whip: Similar functions as Majority Whip.
Senate Leadership
  • Vice President: Presides over Senate, breaks ties.
  • President Pro Tempore: Leader when Vice President is absent.
  • Majority Leader: Leads majority party, speaks for policy and committees.
  • Minority Leader: Similar functions to Minority Leader in the House.

Congressional Committees

  • Types of Committees:
    • Standing Committees: Permanent, authority over general policy areas.
    • Select Committees: Temporary, focused on specific issues.
    • Conference Committees: House and Senate members negotiate differences on bills.
    • Joint Committees: Study issues with members from both chambers.
  • Key Committees in House: Appropriations, Financial Services, Ways and Means, Rules Committee, Budget Committee.
  • Key Committees in Senate: Appropriations, Finance.

Congressional Support Services

  • Congressional Research Service: Researches policy and procedures.
  • Government Accountability Office: Oversees the Executive Branch.
  • Congressional Budget Office (CBO): Provides economic guidance for lawmaking.

Specific Chamber Rules

House Rules
  • Rules Committee: Sets rules for debate, markup of bills.
  • Amendment Types: Open (amendments allowed), Closed (no amendments), Modified (limited amendments).
  • Discharge Petition: Majority required to bring bill to floor from committee.
  • Germane Amendment Rule: Amendments must relate to the bill.
Senate Rules
  • Filibuster: Senators can delay a vote by talking until the time runs out (can be stopped by a cloture vote).
  • Holds: Senators can prevent votes from taking place.
  • Unanimous Consent Agreements: Set rules for debate.

Types of Representatives

  • Delegate: Votes based on constituents' wishes.
  • Trustee: Votes based on personal judgment.
  • Politico: Mix of both methods depending on the issue.

Political Influences

  • Redistricting: Redrawing district lines based on census population every 10 years.
  • Gerrymandering: Redistricting for political advantage (illegal to use race).
  • Reapportionment: Adjusting House seats based on census data.
  • Earmarks: Specific spending requests in appropriations bills.
  • Pork Barrel Projects: Spending on particular constituencies.
  • Logrolling: Trading votes to gain support for legislation.

Legislative Process

  • Must pass identical bills in both chambers; if not, a conference committee resolves differences.
  • Most of the work is done in committees; important for policy drafting and hearings.

Budgeting Process

  • Federal Budget: Tied to fiscal year, begins with presidential request in February.
  • Entitlement Programs: Mandatory spending on welfare programs.
  • Discretionary Programs: Yearly reapproved spending.
  • Deficit/Surplus Determination: Based on projected revenue expenses.

Court Cases Related to Congress

  • Baker v. Carr: Addressed unfair voting power due to outdated districts; ruled redistricting as a constitutional issue.
  • Shaw v. Reno: Ruled racial gerrymandering as unconstitutional due to lack of compactness.

Executive- Presidential General Information

  • Requirements for President: 35 years old, natural-born citizen, 14-year U.S. residency.
  • Term Length: 4 years; can be succeeded if left office.

Presidential Powers

  • Veto Power: Can reject bills; Congress can override with 2/3 vote.
  • Pocket Veto: Bill automatically passes if not signed in 10 days while Congress is in session.
  • Formal Powers: Include military, diplomatic, legislative, and judicial powers.
  • Informal Powers: Executive orders, agreements, use of bully pulpit.

The Bureaucracy

  • Cabinet: Composed of 14 secretaries and Attorney General, nominated by the president.
  • Independent Regulatory Agencies: Regulatory bodies like FCC, FTC with commission heads.
  • Policy Implementation Challenges: Includes conflicting laws, lack of resources, bureaucratic discretion.