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.