GOVT UNIT TWO IN CLASS NOTES

• HOUSE OF REPS:

  • 435 members

    • each reps a district

  • terms:

    • 2 yrs (closer to the ppl)

  • requirements

    • at least 25

    • resident of the district

    • citizen for at least 7 years

  • strict

• SENATE:

  • 100 members

    • 2 members per state

  • terms:

    • 6 yrs (1/3 elected every 2 yrs) *17th amendment

  • requirements:

    • 30 yrs old

    • resident of the state

    • citizen for at least 9 yrs

  • enumerated powers:

    • make a fed budget

    • taxation,borrow money, coin money

    • provide funds to maintain

• COMMITTEE SYSTEM

  • must work in congress takes place in committees

    • majority party has more members

    • leader=committee chairperson (from majority party)

    • specialized subject areas (ag, finance, etc)

    • mark up and revise bills, holds hearings etc

    • conducts oversight hearings

    • types of committees:

      • standing: permanent

        • holds hearings, legislation goes thru there

      • joint committees:

        • includes members from both houses

        • most important is a conference committee (house/senate pass diff vers of bill and they attempt to make one single ver)

      • special/select committee

        • temporary committee formed for a specific purpose, often investigation, and disbanded when completed. 

          • United States House Select Committee on Benghazi

          • United States House Select Committee on the January 6 Attack

• congressional leadership:

  • house of reps:

    • speaker of the house

      • most powerful person in the house

      • chosen by a simple majority vote from the house (aka the majority party)

      • presides over the house

      • promotes the party’s legislative agenda

      • sets the congressional agenda

  • senate:

    • President of the Senate

      • Vice President, casts tie breaking vote

    • Senate Majority Leader

      • Real leader of the Senate

      • Promotes party’s legislative agenda

      • Schedules votes for bills, etc

      • Guides the rules and procedures

• special features: HOUSE

  • house rules committee

    • sets rules for floor debate

    • time limit for debate

    • whether amendments are allowed or not

      • closed rule bills cant be amended, open can

    • germanesses require

      • All debate/speeches must be relevant and on topi

    • Discharge Petitions: 

      • Forces a bill out of committee by a majority vote by the full house

    • Committee of the Whole: 

      • The House acts as a committee to expedite passage of a bill 

• special features: senate

  • Filibuster

    • A long speech intended to delay action and prevent a vote

    • As long as they are speaking, they have the floor and bill can’t be brought to a vote

  • Silent Filibuster

    • Also called double-tracking

    • The filibuster bill is shelved and the Senate conducts other business

    • No long speeches required

  • Cloture Motion:

    • Vote to end debate on bill, requires a ⅗ majority vote (60 senators needed)

    • Vote then will happen within 48 hours

  • Issue Holds:

    • Prevents a bill from being voted upon until Senator releases the hold

  • Riders:

    • Unrelated amendments added to the bill

    • Senators can talk about anything on the floor…

  • Unanimous Consent Agreements: 

    • Allows legislation to be brought to floor and passed without debate if all senators agree

• HOW A BILL BECOMES A LAW

  • 1) idea, intro, assigned a committee

    • starts in either house or senate

  • 2) committee action

    • mark up

    • committee hearings

    • amendments

    • committee vote

  • 3) goes to full house/ senate for for debate & vate

    • vote favorably —> repeats in other chamber

  • 4) conference committee reconciles both versions of the bill

    • final house/senate vote

  • 5) goes to presidents desk

    • sign

    • veto

    • pocket veto (no sign, time runs out)

  • 6) if necessary override veto by 2/3 vote of both chambers

• CONGRESSIONAL ENTITLEMENT SPENDING

  • congress controls the money

    • in charge of establishing the fed budget and govt spending

      

  • mandatory spending:

    • spending req by law, only be changed by new legislation

    • abt 70% of fed spending is mandatory (medicare, social security) an interest on the debt

    • entitlement programs:

      • social security: old age pension, disability, and survivors benefits

      • medicare: public health insurance program for ppl over 65

      • medicaid: public health insurance for ppl w lower incomes

  • Discretionary spending:

    • must be approved annually by congress as part of budget bills

    • includes abt 30% of fed spending

    • defense= largest (1/2 the budget)

    • education and infrastructure receive a lot of attention

  • Where Does This Money Come From? 

    • Congress has power to tax AND borrow money

    • Budget deficit = government spending > tax revenue (nearly every year since late 1940s)

    • Deficits can be over $1 trillion

    • National debt: total amount of money owed by the federal government

    • Deficits are annual, debt the the total amount! 

  • Pork Barrel Spending:

    • Provides tangible benefits, jobs, and money to a district. Used by representatives to “bring home the pork” to win reelection. 

  • Logrolling:

    • Trading votes in Congress “I vote for yours, you vote for mine.”

  • Omnibus Bill:

    • Combines several pieces of unrelated legislation into one bill to ensure its passage

  • Earmarks:

    • Line-item funding for specific pet projects directed by members of Congress.

• congressional behavior:

  • party polarization:increasing ideological division between republicans and democrats

    • republicans are becoming more conservative, democrats being more liberal

  • party line voting: most or all of the party votes on a bill

  • policy gridlock: slower and more slower to pass legislation or get appts confirmed

• three models of congressional rep

  • trustee model:

    • rep votes his/her conscience regardless of what constituents want

    • “we trust you”

  • delegate model:

    • votes how constituents want even if they personally disagree

    • “you are my rep”"

  • politico model:

    • sometimes acts as a trustee. sometimes as a delegate

    • “it depends”

• redistricting and gerrymandering

  • us census: taken every ten yrs to determine the pop per state

  • reapportionment: alters the num of seats each state gets in the house to reflect pop shifts

  • redistricting: redrawing district lines after shifts from the census. done by state legislature

• GERRYMANDERINGGGGG

  • redrawing congressional districts in bizarre shapes

    • usually for partisan gain

    • majority party in the state legislatures in charge of drawing the districts

  • CRACKING: dividing a constituency across multiple districts to reduce their voting strength

  • PACKING: concentrating the opposing party votes into as few districts to restructure their voting strength

• BAKER v CARR (1962)

  • led to the one person one vote principle of voting equality in house elections

  • banning of malapportionment

  • this case took place in Tennessee and used the equal protection cause of the 14th amendment

  • the court held that that redistricting qualifies as justiciable question, thus enabling fed courts to hear redistricting cases

• SHAW v RENO (1993)

  • congressional districts cannot be drawn based on race

  • case took place in north carolina and used the equal protection clause

  • it established that any legislative redistricting must be strictly scrutinized and that any laws related to racially motivated redistricting must be held to narrow standards and compelling govt interests

• four types of districts

  • majority- minority districts:

    • a majority of the ppl are a racial minority

  • safe districts/seats:

    • not competitive

    • 70-90% of all districts are considered safe

  • marginal districts:

    • competitive districts

    • either party has a chance of winning

  • open district/seat

    • no incumbent

HOW TO BE PRESIDENT: QUALIFICATIONS

• nat born citizens:

  • anyone who was a us citizen at birth either by right of birthplace or right of blood

• age: must be 35+

• residency: need to be resident of the US for 14 yrs

• terms:

  • 22nd amendment added max of 2 terms or 10 yrs

WHO CHOOSES PRESIDENT?

• step 1: primary and caucuses

  • started in feb 2024

  • caucus: party members select the best candiate thru a series of disscussions and votes

  • primary: party members vote for the best canidate that will rep them in the gen election

• step 2: national conventions

  • summer 2024

  • each party holds a national convention to select a final pres nominee

  • the final presidential nominee from each party will be officially announced at the end of the conventions

• step 3: general election

  • nov 5th 2024

  • ppl in every state across the country vote for one pres and one vice pres

  • when ppl cast their vote they are actually voting for a group of people called electors

  • Except in Maine and Nebraska, if a candidate receives the majority of the votes from the people of a state then the candidate will receive all electoral votes of that state.

• step 4: electors cast ballots

  • december 17th, 2024

  • The electors meet in their respective States and cast their votes for President and Vice President on separate ballots. Your State’s electors’ votes are recorded on a Certificate of Vote, which is prepared at the meeting by the electors

• step 5: certification

  • jan 6th 2025

  • Each State’s electoral votes are counted in a joint session of Congress. The Vice President, as President of the Senate, presides over the count in a strictly ministerial manner and announces the results of the vote.

• step 6: inauguration

  • jan 20 2025

  • The President-elect takes the oath of office and is sworn in as President of the United States on January 20th in the year following the general election.

  • Oath: "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

EXLUSIVE POWERS

• 1) Commander-In-Chief: In charge of our armed forces

• 2) Receive Ambassadors

• 3) Grant Pardons:  release from the punishment or legal consequences of a crime

• 4) Call a special session of Congress

• 5) State of the Union Address: every year to a full session of Congress; America’s Report Card and President’s plan for the future

  • POTUS is certainly in charge of foreign policy and is the symbol of our nation on the global stage.

  • POTUS has less power over domestic policy than foreign policy - that is Congress.

  • POTUS isn’t limited to only exactly what’s written in the Constitution - “the executive power shall be vested in the president”

HAMILTON AND FED 70

• Argues in favor of a unitary executive (single POTUS)

• Allows POTUS to act quickly in crisis

FORMAL POWERS

• Commander In Chief: Power of the Sword

• Veto: A message to Congress rejecting legislation (Congress can override by ⅔ vote in both houses)

• Treaties: POTUS makes treaties with foreign heads of state subject to senate ratification.

INFORMAL POWERS:

• Executive Orders: Rules or regulations that have the power of law but don’t require congressional approval

  • Must be based on the Constitution or federal law - otherwise can be ruled unconstitutional

  • Congress can pass legislation that can supersede the executive order

  • Accepted use is to direct bureaucracy and military

  • Excessive reliance is criticized

• Signing Statements: A written statement issued by POTUS when signing a bill that provides his interpretation of the bill.

  • Obama signed a military budget bill with a statement saying he would instruct the military to not indefinitely detain US Citizens even though law said they could.

• Executive Agreements: agreements with foreign heads of state, like a treaty but doesn’t require senate ratification 

  • Paris Climate Agreement

BARGAINING AND PERSUASION

• Need to bargain with Congress over appointments, budgets, and legislative priorities

  • Needs to convince Congress to open the purse strings

• POTUS has best chance of passing major policy changes at the beginning of their term - highest public support rating (honeymoon period)

CHECKS ON THE PRES

• Appointment Process: POTUS nominates and the Senate must confirm “advice and consent”

  • YES:  Federal judges, cabinet secretaries, ambassadors, some positions within the executive office of the President

  • NO: White House Staff, Chief of Staff, Press Secretary and Policy Advisors

• Executive Orders and actions can be ruled unconstitutional by the courts.

  • SOME THINGS TO NOTE:

    • Judicial Appointments - a President’s longest lasting influence

      • ALL federal court judges (district, appellate, and supreme) go through the nomination & Senate confirmation process

    • Federal judges serve for life

    • Senate may block lame-duck nominations by POTUS from different party

      • Think Obama’s nomination of Merrick Garland

TWO VIEWS ON EXPANSION OF PRES PWR

• Limited Interpretation of Presidential Power

  • Constitution limits Presidential power

  • Checks and Balances and limited government are cornerstones of our republic

  • POTUS should only administer laws passed by Congress

• Expansive Interpretation of Presidential Power

  • Must act quickly in crisis

  • POTUS is the only position elected by the entire nation

  • POTUS is the person the country looks to and expects to take action

• War Powers Act (1973) - attempted to limit the President’s ability to fight wars. Needs to inform Congress in 48 hours and get congressional approval after 60 days. In practice - does nothing!

PRESIDENTIAL COMMUNICATION

• Bully Pulpit: A position of authority that allows POTUS to speak out & draw attention on any issue.

• State of the Union Address: Nationally televised speech delivered annually to Congress. Attempts to gain support for POTUS agenda and pressure Congress to act.

• Social Media and Technology: Obama was the first “social media POTUS”, Trump became the Twitter President.  So different from FDR.

AMENDMENTS:

• 20th:

• 22nd:

• 25th:

BEAUROCRACY/CIVIL SERVICE

• Implements federal policy - day to day workers

• Vast majority are non-political; leadership is often political (appointed by POTUS)

  • Merit System: 

    • Replaced the Spoils System (patronage)

    • Bureaucrats earn their job based on merit and/or civil service exams

    • Increases the effectiveness of the bureaucracy, promotes professionalism, specialization, and neutrality

AGENCIES AND DEPARTMENTS

• #1: cabinet

  • Major area of responsibility over a broad policy area. 

  • Secretaries are appointed by POTUS and confirmed by Senate

  • First three departments were Foreign Affairs (State), Treasury, and War (Defense). 

  • Today, there are 15 departments with Homeland Security being the newest one.

• #2: Independent Regulatory Commissions

  • Makes rules regulating specific industries

  • Narrow area of responsibility

    • Example - Securities and Exchange Commission

• #3: Executive Agencies

  • Perform public services

  • Report directly to POTUS

    • Example - Environmental Protection Agency

• #3: Government Corporations

  • Provide services that could be provided by private companies but aren’t profitable

  • Offset by the federal government

  • Example - Amtrak, PBS

IRON TRIANGLES

• Long lasting relationships between congressional committees, interest groups, and bureaucratic agencies that influence policy. 

  • Example: Armed Forces Committee in House, Department of Defense, and an interest group working on behalf of Boeing

• Why? 

  • Congress wants electoral support

  • Agencies want funding and agency support

  • Interest groups wants favorable legislation for its members (companies)

  

• ISSUE NETWORKS

  • Temporary and more fluid than iron triangle

  • They may include lawyers, think tanks academics, etc

  • Purpose = influence policy making

  • Leadership from Bureaucratic Agencies frequently testify at congressional hearings about legislation in their area of expertise.

• ADMINISTRATIVE/BUREAUCRATIC DISCRETION:

  • Congress allows agencies to choose how to implement and enforce legislation.

    • Has authority to make the regulations (rules) and issue fines and punishments 

• RULE MAKING AUTHORITY:

  •  Agencies are given rule-making authority to make regulations that have the power of law. 

    • Congress writes laws in vague terms and then leaves it to the agencies to fill in the details.

  ---

  conclusion:

• Bureaucratic Agencies 

  • Make the regulations 

  • Enforce the regulations

  • Punish those in violation of the regulations

  • A HUGE AMOUNT OF POWER!

    • Referred to as quasi-legislative and quasi-judicial

    • Agencies are acting like all three branches in one!!!

• CHECKS ON THE BUREAUCRACY:

  • Criticisms of Bureaucratic Power

    • Unelected bureaucrats

    • Outside of public influence

    • Have rulemaking authority

    • Aren’t accountable politically the way politicians are

  • Congressional Oversight

    • Top agency officials are required to testify in committee hearings

    • Committee reviews, monitors and supervises the agency

    • Checks executive authorization of spending

• CHECKS AND BALANCES:

  • Congressional Checks

    • Congressional oversight & the power of the purse

    • Pass legislation that supersedes regulation

    • Establish and abolish agencies

  • Presidential Checks

    • Ideological influence affects how bureaucracy carries out administration’s goals

    • Can issue executive orders to direct actions and priorities

    • Appoint agency heads & fire/remove cabinet secretaries

  • Judicial Checks 

    • Rule on the constitutionality of bureaucratic regulations and actions