Notes on US Government - Branches of Government

Congress

  • Unit 2 focuses on interactions between branches of government, starting with Congress.

  • Congress is a bicameral legislature with two chambers: the House and the Senate.

  • It's important to understand why the chambers are structured the way they are and the reasons behind the powers they have.

Senate

  • The Senate embodies the elite theory.

  • Evidence includes:

    • Six-year terms.

    • One-third of the Senate being up for election at any given time.

    • Initially, Senators were not directly elected but appointed by state legislators. This highlights the Senate as the state's chamber in the national government, emphasizing the importance of states in the federal system.

  • Senators are required to be older and wiser, with a minimum age of 30 years.

House of Representatives

  • The House represents the people, not the states.

  • This is reflected in its design:

    • Districts (though this matters less in small states).

    • More representatives compared to the Senate.

  • The House is closer to the people, making it more prone to the passions of the people, as mentioned by Madison concerning factions.

    • 22-year terms: Every member is up for election every two years.

  • This aims to embody popular sovereignty.

  • The age limit is lower at 2525 years.

  • The House is considered less elite.

  • The House reflects participatory democracy through direct elections.

Powers of the House of Representatives

  • Initiates bills related to revenue.

  • Rationale: Taxation without representation.

  • Initiates impeachment proceedings.

Powers of the Senate

  • Treaty ratification.

  • Reasons for this power:

    • Elitism (age is a factor).

    • Representation of the states, ensuring state buy-in to treaties.

  • Confirmation of judicial nominations.

    • The senate represents the states in selections for the federal judiciary.

Congressional Operations: Committees

  • Committees: Bills are initially reviewed in committees.

  • Standing committees: Long-standing committees focused on specific subject areas.

  • Committees conduct markups or revisions to bills.

  • The majority party holds the majority in committees.

  • House Rules Committee: Sets rules for debate, usually limiting it to one hour, and determines which amendments are allowed.

Senate Rules

  • Senate rules are more flexible due to its elite nature and representation of states.

  • Unanimous Consent: Requires every senator to agree before a vote.

  • Holds: A senator can place a hold to stop a vote if they disagree.

  • Filibuster: Senators can use unlimited debate to prevent a vote unless cloture is invoked.

  • Cloture: Requires 6060 votes to end a filibuster.

House vs. Senate: Debate and Amendments

  • House: Designed for quick action with limited debate and germane amendments.

  • Senate: A deliberative body designed to ensure the states agree to national laws.

Discharge Petition

  • House: A discharge petition can force a bill out of committee and onto the floor with a majority vote.

  • Senate: Does not have a discharge petition.

Member Viewpoints

  • Delegate: Representatives act on the direct desires of their constituents.

  • Trustee: Senators are entrusted to make decisions on behalf of their constituents.

  • Politico: A mix of both.

  • Partisan: Decisions based on party lines.

Filibuster

  • It requires 60 votes to end, which means the minority party has more influence.

  • More likely to result in bipartisan bills.

  • Logrolling: Members work together to get something passed.

Conference Committee

  • A joint committee with members from both chambers working to resolve differences in bills.

Checks and Balances

  • A key focus is on the balance of power between branches.

Executive Branch

War Making

  • Congress declares war, but the President is the Commander in Chief.

  • War Powers Act/Resolution: An attempt to balance this separation of powers.

    • Congress has the power to declare war and control funding (power of the purse).

    • The president can commit armed forces.

  • Formal powers of the President are significant: Committing troops.

  • War Powers Resolution:

    • Allows the president to commit troops for 60 days, after which congressional approval is needed.

    • Requires the president to notify Congress within 48 hours of committing troops.

The President as Chief Legislator

  • Veto: A formal power to check Congress.

  • Veto Override: Requires a two-thirds majority in both chambers.

  • Threat of a veto: Can act as a bargaining tool.

  • Bargaining and Persuasion and Bully Pulpit: Used to influence legislation and public opinion.

  • Federalist 70 argues for an energetic executive, essential for fast action.

Informal Powers

  • Executive Orders: Direct the bureaucracy; inferred from the "take care" clause.

  • Signing Statements: Indicate how the president interprets a bill and which parts will be enforced.

  • Executive Agreements: Allow foreign policy actions without Senate approval and can be undone by the next president.

Voting Thresholds

  • Supermajority: The framers deliberately made sure that certain items required more than just a majority.

  • Amendment process: Requires a supermajority in both chambers and three-fourths of the states.

The Bill Making Process

  • Informal ways of adding things in conference.

  • No line item veto.

  • The public opinion serves as a immoral check of the power of the president.

  • President cannot introduce a bill.

Judiciary Branch

  • Article III of the Constitution.

Court Structure

  • Supreme Court is the only court mentioned in the Constitution.

    • Congress can create inferior courts.

  • Federal court levels:

    • Supreme Court.

    • Circuit Court of Appeals.

    • District Courts.

  • Congress determines the number of judges in each court and can change the jurisdiction of the courts.

  • Original jurisdiction of the Supreme Court cannot be changed.

    • Original jurisdiction: Cases heard for the first time (often disputes between states).

  • Appellate jurisdiction: Cases come up from lower courts.

The Cert Process

  • Petition for certiorari: Asking the court to take a case.

  • In forma pauperis (IFP) petition: For those who cannot afford a petition of certiorari.

  • Rule of Four: If four of the nine judges decide to take the case.

  • Writ of certiorari: Issued to take the case.

  • Amici curiae:

    • Friend of the court briefs from non-litigants.

  • Oral arguments: 30 minutes per side.

Court Decisions

  • Majority opinion: The decision of the court.

  • Dissenting opinion: Written by the minority.

  • Concurring opinion: Agreeing with the majority but for different reasons.

Judicial Philosophy

  • Judicial restraint:

    • Strict interpretation of the Constitution.

    • Focus on the original intent of the document.

  • Judicial activism:

    • Interpreting the Constitution in the context of modern society.

    • Potentially adding things or add their interpretation to the document itself.

  • Examples include:

    • Right to privacy: Not explicitly mentioned in the Constitution.

    • The judicially admitted exclusionary rule.

Independent Judiciary

  • Appointed judges with lifetime tenure (good behavior clause).

  • Judges can resign, retire, or die.

  • Impeachment: Federal judges can be removed for violating the Constitution.

  • No Supreme Court justice has ever been impeached.

  • Judicial review:

    • The Supreme court can review
      legislative law.

    • The Supreme court can review
      executive actions.

  • The Supreme Court has no enforcement power.