AP GOV UNIT 2 REVIEW

AP U.S. Government & Politics Study Guide: Unit 2 - Branches of Government & Policymaking

CONGRESS (Article I)

Revenue & Budgeting

  • Origin of Revenue Bills: All revenue bills must originate in the House of Representatives, as stated in Article I, Section 7 of the Constitution.

  • Control of Taxation and Spending: Congress holds the "power of the purse", which encompasses the authority to tax and allocate federal funds.

  • Major Revenue Source: The largest source of federal revenue is the income tax.

  • Appropriations: This refers to the annual funding decisions made by Congress regarding how much money will be allocated to various government agencies or programs.

  • Authorization: This creates or continues programs; authorization is a key step in the budgetary process.

Structure of Congress
House of Representatives vs. Senate

  • House of Representatives:

    • Total members: 435

    • Term length: 2 years

    • Debate rules: Strict rules governing debates

    • Rules Committee: Controls the debate process

    • Origin of revenue bills: All revenue bills must originate here.

  • Senate:

    • Total members: 100

    • Term length: 6 years

    • Debate rules: Unlimited debate allowed (filibuster)

    • Role in confirmations: Confirms presidential appointments

Key Differences Between House and Senate

  • Filibuster: Exists only in the Senate, allowing lengthy discussions that can delay legislation.

  • Cloture: Requires a 3/5 vote (60 senators) to end a filibuster.

  • Influence in Senate: Senators have more individual influence compared to House members.

Committees in Congress

  • Standing Committees: Permanent subject-matter committees that persist over multiple congressional sessions.

  • Subcommittees: Operate under standing committees to work out the details of legislation.

  • Conference Committee: This type reconciles differences between the House and Senate versions of a bill.

  • Rules Committee: A specific committee in the House that sets conditions for debate and amendments to legislation.

Importance of Committees

  • Committees are crucial in the House due to its larger size, allowing focused and efficient legislative processes.

Oversight & Bureaucracy

  • Legislative Oversight: This refers to Congress's responsibility to monitor the activities of executive agencies.

  • Tools for Oversight:

    • Hearings

    • Budget review (the most powerful tool)

    • Authorization of spending

    • Sunset legislation

Representation Models in Congress

  • Delegate Model: Elected representatives vote according to the wishes of their constituents.

  • Trustee Model: Representatives vote based on their own judgment, considering what they believe is best for the constituents.

  • Politico Model: A combination of both delegate and trustee models; representatives may switch based on the issue.

Congressional Power Concepts

  • Enumerated Powers: Specific powers granted to Congress, including but not limited to:

    • Taxation (levy taxes)

    • Regulation of interstate commerce

    • Necessary & Proper Clause: Grants Congress the ability to pass all laws necessary and proper to carrying out its enumerated powers.

  • Commerce Clause: Empowers Congress to regulate economic activity among states.

  • Legislative Process: Most bills fail in committee and do not reach the floor for a vote.

Redistricting & Gerrymandering
Redistricting

  • Occurs every 10 years following the Census.

  • Managed by state legislatures, influencing electoral outcomes.

Gerrymandering

  • The practice of drawing district boundaries to favor one political party over another.

  • Courts do not ban gerrymandering in partisan cases; it can benefit either party.

  • Does not automatically violate the principle of one-person-one-vote.

Key Case: Baker v. Carr

  • In this landmark case, the court ruled that redistricting issues are justiciable in federal court, establishing the principle of “one person, one vote.”

PRESIDENCY (Article II)

Formal Powers of the President

  • Commander in Chief: Oversees the military and makes decisions regarding defense.

  • Veto Legislation: Can reject bills passed by Congress, although this can be overridden by a 2/3 vote in Congress.

  • Appointments: The president can appoint federal judges with Senate approval.

  • Pardons: Holds the power to grant pardons for federal offenses.

  • Receiving Ambassadors: The authority to recognize foreign governments.

  • State of the Union Address: Constitutional requirement to report to Congress on the state of the nation.

Limitations of Presidential Power

  • Cannot:

    • Raise revenue unilaterally

    • Create new cabinet departments without Congressional approval.

Veto Power

  • Regular Veto: The president can reject legislation; Congress can overturn this with a 2/3 vote.

  • Pocket Veto: If Congress adjourns within 10 days and the president does not sign a bill, it cannot be overridden.

Executive Orders

  • Directives issued by the president that manage the operations of the federal government.

  • Use has increased since the 1970s because they do not require Congressional approval.

  • Subject to judicial review for legality.

War Powers

  • War Powers Resolution:

    • Passed to limit the president's authority to commit U.S. troops.

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

    • Sets a 60-day limit for troop deployment without Congressional approval.

Presidential Influence on Judiciary

  • Appointment of Judges: The most effective means of influencing the judiciary is to appoint judges who share similar judicial philosophies.

  • Longer Terms: Younger nominees tend to serve longer terms, thereby extending the impact of the president's appointments.

Sources of Presidential Power

  • Constitution: Establishes the framework and powers of the presidency.

  • Public Support: Public opinion can significantly affect a president's power and effectiveness.

  • Media Access (Bully Pulpit): The ability to communicate directly with the public to influence opinions.

  • Historical Precedent: Past presidential actions and decisions that influence current practice.

JUDICIARY (Article III)

Judicial Review

  • Established in the case of Marbury v. Madison:

    • The Supreme Court has the authority to declare laws unconstitutional, applying to:

    • Acts of Congress

    • Executive orders

    • State laws

    • Decisions by lower courts

    • Cannot overrule the Bill of Rights, only interprets it.

Judicial Philosophy

  • Judicial Activism: The approach where judges interpret the Constitution based on their views and potential impacts on society.

  • Judicial Restraint: A philosophy where judges defer to the decisions made by elected branches of government.

  • Original Intent: This involves interpreting the Constitution based on the framers’ original intentions.

  • Stare Decisis: The legal principle of following precedent established in previous court rulings.

Federal Judges

  • Serve for life under the condition of “good behavior.”

  • Can only be removed through impeachment and conviction by Congress.

Supreme Court Case Selection

  • The Supreme Court exercises discretion in selecting its cases based on the Rule of Four, which requires the agreement of at least four justices to hear a case.

  • Very few cases are mandatory.

BUREAUCRACY

Independent Regulatory Commissions

  • Established to regulate specific industries in the public interest.

  • Examples include the Securities and Exchange Commission (SEC) and the Federal Communications Commission (FCC).

  • Often raise concerns regarding the separation of powers due to combining rulemaking, enforcement, and adjudication.

Iron Triangles

  • Describe the alliance between:

    • Congressional committees

    • Bureaucratic agencies

    • Interest groups

    • This relationship can significantly influence policy making and implementation.

POLICY TYPES

  • Regulatory Policy: Involves the establishment of rules, such as emission standards for environmental protection.

  • Fiscal Policy: Related to taxation and government spending decisions.

  • Distributive Policy: Provides benefits to specific groups, often referred to as "pork barrel" spending.

  • Monetary Policy: Involves the Federal Reserve’s control over the money supply and interest rates.

KEY TEST TRAPS TO WATCH FOR

  • Revenue bills can only originate in the House of Representatives.

  • Cloture (ending a filibuster) requires a 3/5 vote, applicable only in the Senate.

  • The filibuster is a legislative tactic unique to the Senate.

  • Pocket vetoes are actions that cannot be overridden by Congress.

  • Judges serve life tenure unless they are impeached.

  • Gerrymandering does not automatically equate to unconstitutionality.

  • The Supreme Court cannot be directly removed from office by citizens through voting.

Additional Notes

  • Executive orders are subject to review by courts for legality.

  • The Speaker of the House is recognized as the most powerful figure within Congress.

  • Details of proposed legislation are typically worked out in subcommittees due to the size of the House.

  • Most proposed bills do not make it out of committee for a vote.

High-Priority Cases to Know

  • Marbury v. Madison: Established the principle of judicial review.

  • Baker v. Carr: Ruled that redistricting issues are justiciable and affirmed the principle of one person, one vote.

BIG PICTURE THEMES

  1. Separation of powers among the three branches of government.

  2. Checks and balances that allow each branch to limit the powers of others.

  3. Federalism as a system of governance dividing authority between national and state governments.

  4. Legislative supremacy in budgetary matters.

  5. Judicial independence from other branches to uphold the rule of law.

  6. The growth of executive power over time.