Topic_2_Study_Guide

Page 1: Article I - The Legislative Branch

Characteristics of Congress Members

  • U.S. House of Representatives

    • Total members: 435

    • Members are elected every 2 years

    • Term of office: 2 years

  • U.S. Senate

    • Total members: 100

    • Members are elected every 6 years

    • Term of office: 6 years

Qualifications for Membership

  • House of Representatives

    • Formal (Constitutional) Requirements:

      • At least 25 years old

      • U.S. citizen for at least 7 years

      • Resident of the state they represent

    • Informal Qualifications:

      • Political experience, fundraising ability, popularity, race/gender considerations

  • Senate

    • Formal (Constitutional) Requirements:

      • At least 30 years old

      • U.S. citizen for at least 9 years

      • Resident of the state they represent

    • Informal Qualifications:

      • Similar to House (political experience, popularity, etc.)

Incumbent Advantage

  • Around 90% of incumbents get reelected

  • Reasons include:

    • Established networks and fundraising capabilities

    • Visibility and experience in office

    • Greater access to media coverage

Reapportionment, Redistricting, and Gerrymandering

  • Reapportionment:

    • Occurs every 10 years after the census; involves redistributing House seats based on population changes

  • Redistricting:

    • Process of redrawing district lines; usually managed by state legislatures

  • Gerrymandering:

    • Manipulating district boundaries to favor a particular party; used for political advantage

Congressional Leadership Roles

  • House Leadership:

    • Speaker of the House: presides over House and sets legislative agenda

    • Majority/Minority leaders: assist party operations

    • Whips: gather votes and assist leaders

  • Senate Leadership:

    • President of the Senate (Vice President): presides over sessions

    • Majority Leader: controls legislative agenda and negotiations

    • Minority Leader: represents minority party's interests

Congressional Committees

  • Standing Committees:

    • Permanent committees dealing with specific legislative areas

    • Example: Appropriations Committee

  • Subcommittees:

    • Smaller groups within standing committees focusing on specific issues

  • Rules Committee:

    • Determines the rules for debate and amendments on the House floor

  • Conference Committees:

    • Formed to reconcile differences between House and Senate versions of a bill

Steps for a Bill to Become Law

  1. Introduction: bills can be introduced by any member of Congress

  2. Committee Review: assigned to committees for debate and amendments

  3. Floor Debate: discussed in either House or Senate, voted on

  4. Second Chamber: if passed, sent to the other chamber for similar process

  5. Presidential Action: President can sign, veto, or allow to become law without a signature

Pork Barrel Legislation and Logrolling

  • Pork Barrel Legislation:

    • Government spending on projects to please voters and win votes

  • Logrolling:

    • Agreement between legislators to support each other's projects

Legislative Workplaces

  • Most work on legislation happens in committees

Primary Responsibility of Congress

  • Main duty: lawmaking

  • House's Unique Roles: initiation of revenue bills, impeachment

  • Senate's Unique Roles: confirmation of appointments, ratification of treaties

Legislative Checks on the President

  • Congress can check presidential authority through:

    • Override vetoes

    • Control of appropriations

    • Impeachment powers

Page 2: Article II - The Executive Branch

Qualifications Required to Serve as President

  • Formal (Constitutional):

    • At least 35 years old

    • Natural born citizen of the U.S.

    • Resident for at least 14 years

  • Informal:

    • Political experience, charisma, ability to connect with the public

Presidential Roles

  • Chief Administrator:

    • Oversees federal agencies and the execution of laws

  • Chief Legislator:

    • Influences legislation and policy decisions

  • Chief of State:

    • Represents the U.S. at official events and ceremonies

  • Commander in Chief:

    • Leads the military and makes defense-related decisions

  • Chief Diplomat:

    • Directs foreign policy and represents the nation in international affairs

Presidential Election Process

  • Elected through the Electoral College process

  • If no clear majority, the House of Representatives selects the President

Presidential Term of Office

  • President serves a term of 4 years; can be reelected for one additional term

Impeachment Process

  • Removal for misconduct, requiring a majority vote in the House and a two-thirds vote in the Senate for conviction

  • Notable impeached presidents: Andrew Johnson, Bill Clinton, Donald Trump

Vice President's Role

  • Assists the President; presides over the Senate and casts tie-breaking votes

Presidential Line of Succession

  • 1st in line: Vice President

  • 2nd in line: Speaker of the House

  • 3rd in line: President pro tempore of the Senate

Presidential Authority over Budget

  • The President oversees the federal budget preparation under Article II authority

Primary Responsibility of Executive Branch

  • Implement and enforce laws

Growth of Government

  • Growth is attributed to increased needs for services, particularly during wars and after economic crises

  • Significant expansions occurred in the New Deal Era and during the Great Society programs

Presidential Checks on Congress

  • The President can veto legislation and call special sessions of Congress

  • Authority to issue executive agreements without Senate ratification

Page 2: Article III - The Judicial Branch

Courts Established by Article III

  • Supreme Court: only court explicitly established by the Constitution

Authority to Establish Additional Courts

  • Congress has the power to create additional federal courts

U.S. Court System Structure

  • Type: Dual court system (state and federal)

  • Federal Court Structure:

    • 94 District Courts: handle federal cases at trial level

    • 13 Courts of Appeal (circuit courts): hear appeals from district courts

    • Judges: appointed by the President and serve lifetime terms

Characteristics of Federal Judges

  • Most appointments influenced by political affiliations and judicial philosophies

Original and Appellate Jurisdiction

  • Original Jurisdiction: authority to hear a case for the first time

  • Appellate Jurisdiction: authority to review decisions made by lower courts

Civil Law vs Criminal Law

  • Civil Law: disputes between individuals or entities, typically seeking compensation

  • Criminal Law: cases where the government prosecutes an individual for an act classified as a crime

Writ of Certiorari

  • Supreme Court order to review a lower court's decision; issued based on significance and circuit disagreements

Types of Supreme Court Opinions

  • Majority Opinion: expresses the view of the majority of justices

  • Plurality Opinion: when there is no majority, outlines the decision of the largest group

  • Concurring Opinion: agrees with the majority but for different reasons

  • Dissenting Opinion: disagreeing viewpoint of one or more justices

Judicial Restraint vs Judicial Activism

  • Judicial Restraint: courts should defer to decisions made by elected officials

  • Judicial Activism: courts should actively interpret the Constitution and enact reforms

  • Strict Constructionism: interpreting the Constitution based on its original meaning

Amicus Curiae Brief

  • Document filed by non-litigants to provide additional information to a case

Judicial Review

  • The power of courts to declare laws or executive actions unconstitutional

  • Established by the landmark case Marbury v. Madison.