AP Gov Unit 2 Test

Unit 2 - The Branches of Federal Government

Chapter 4: Congress: Representation, Organization and Legislation

4.1: The Constitution and Congress

  • Differences Between the Chambers

    • House of Representatives

    • Requirements for Membership:

      • Age: At least twenty-five years old

      • Citizenship: Seven years of citizenship

      • Residency: Resident of the state

    • Term of Service:

      • Two-year terms, unlimited number of terms

    • Constituency:

      • Represents a district apportioned to states by population

    • Organization:

      • More governed by rules, more formally structured, individual leadership positions wield considerable power

    • Goals:

      • To be closer to voters' preferences

    • Senate

    • Requirements for Membership:

      • Age: At least thirty years old

      • Citizenship: Nine years of citizenship

      • Residency: Resident of the state

    • Term of Service:

      • Six-year terms, divided into three classes, unlimited number of terms

    • Constituency:

      • Represents entire state

    • Organization:

      • Less governed by rules, members hold more power, more informal structure

    • Goals:

      • To be more insulated from immediate voter preferences

The House of Representatives

  • Close proximity to the people in their districts

  • Elected for a two-year term

  • James Madison referred to the House as having “the door of this part of government” to be “open” (Federalist 52)

The Senate

  • More insulated from the public

  • Elected for a six-year term, two senators per state

  • Elections are staggered, with a third of the Senate up for election every two years

  • Originally, senators were elected by state legislatures; changed to direct elections after the 17th amendment (1913)

Powers of Congress

  • Overall Functions:

    • Lawmaking

    • Budgeting

    • Oversight of the federal bureaucracy

  • Types of Powers:

    • Enumerated Powers: Powers explicitly listed in the Constitution

    • Implied Powers: Powers derived through the Necessary and Proper Clause and other amendments (Case: McCulloch v. Maryland, 1819)

Economic Policy

  • Both Chambers:

    • Enumerated Powers:

    • Create and collect taxes, coin money, borrow money, regulate currency, and interstate and foreign commerce

    • Ability to create laws deemed "necessary and proper" to carry out enumerated powers

  • House:

    • All bills raising revenue must originate in the House

  • Senate:

    • Can propose budget amendments; effectively a coequal partner in national revenue policy

National Security

  • Congress:

    • Authority to declare war, raise and support armies, call up military forces

    • Define and punish piracies and felonies on the high seas

  • Senate:

    • Confirms ambassadors and ratifies treaties through a two-thirds vote

Other Powers

  • Involving the Executive Branch:

    • Issue articles of impeachment against the president, vice president, or officials in the executive branch (Article I, Section 2 and Article II, Section 4)

    • Confirm presidential nominations of executive branch officers (Article II, Section 2)

    • Convict impeached officials (requires two-thirds vote)

  • Involving the Judicial Branch:

    • Create levels of the judicial system below the Supreme Court, establish the number of justices (Article III, Section 1)

    • Through the Necessary and Proper Clause (Article I, Section 8, Clause 18)

    • Specific amendments (e.g., Thirteenth, Fourteenth, Fifteenth) grant Congress the power to enforce them

    • Note: The Senate tries members of the federal judiciary who have been impeached (Article I, Section 3)

Budgeting Process

  • Congress sets the federal budget

  • Congress can refuse to fund presidential proposals

  • Congress allocates funds to federal agencies

  • Terms:

    • Pork Barrel Spending: Allocating federal funds for localized projects

    • Congressional Budget Office (CBO): Provides budget and economic information

    • Logrolling: Trading votes among members for mutual benefit

Congressional Oversight

  • Committees ensure legality and compliance of the Executive branch actions

  • Committees can summon officials to hearings for accountability

Checks and Balances

  • Congress has authority to declare war

  • Senate ratifies treaties

  • Congress determines the number of justices on the Supreme Court

  • Senate confirms presidential nominees to the Supreme Court

  • Congress can impeach federal officials, requiring a two-thirds majority for conviction

Chapter 4.2: Politics of Congressional Elections

  • Constituency: Body of voters in a specific area who elect a representative or senator

    • Number of House seats determined by population, with states creating voting districts

    • Senate consists of two senators from each state, with staggered elections so no two senators from the same state run in the same cycle

Apportionment

  • Process for determining the number of representatives per state based on census

Redistricting

  • Following each census, states redraw electoral district maps

Gerrymandering

  • Intentional redistricting to benefit a specific interest group (e.g., Elbridge Gerry creating a district resembling a salamander in 1812)

Types of Gerrymandering

  • Partisan Gerrymandering: District drawing to favor one political party

  • Racial and Ethnic Gerrymandering: Aims to create Majority-Minority districts to elect racial or ethnic minorities

    • Relevant case: Shaw v. Reno

  • Malapportionment: Uneven population distribution among districts

Incumbency & Its Advantages

  • Incumbency: Holding a pre-existing office

  • Incumbency Advantage: Benefits existing office holders face fewer challenges, more resources

  • Advantage rises for House members but decreases for Senators due to their longer terms

  • Parties (DNC & RNC) do not support challengers

Chapter 4.3: Organization of Congress

Political Parties & House Positions

  • Speaker of the House: Elected by a majority vote, mentioned in the Constitution, third in line for presidency

  • House Majority Leader: Second-in-command to Speaker

  • Whip: Member assigned by their party to ensure unity and tally votes

  • Minority Leader: Leader of the opposition party in the House

The Senate

  • Senate President: The Vice President serves as the head, votes only to break ties

  • President Pro Tempore: Presides over Senate proceedings when the VP is absent, holds no real power

  • Senate Majority Leader: Collectively decides legislative agenda; less powerful than House Speaker

  • Senate Minority Leader: Elected leader of the opposition party in the Senate

The Committee System

  • Most legislative work occurs in various committees

  • Each Committee has a Chair

  • Types of Committees:

    • Standing Committees: Permanent, subdivided by policy areas; members serve multiple terms and build expertise, have subcommittees

    • Joint Committees: Comprise members from both houses; focus on issues, gather information, assist party leaders with legislation

    • Conference Committees: Temporary, resolves differences in legislation between both houses

    • Select Committees: Investigate specific issues or crises

Standing Committees in the 115th Congress

  • House of Representatives:

    • Agriculture

    • Appropriations

    • Armed Services

    • Budget

    • Education and Workforce

    • Energy and Commerce

    • Financial Services

    • Foreign Affairs

    • Homeland Security

    • House Administration

    • Judiciary

    • Natural Resources

    • Rules

    • Science, Space, and Technology

    • Small Business

    • Transportation and Infrastructure

    • Veterans' Affairs

    • Ways and Means

  • Senate:

    • Agriculture, Nutrition, and Forestry

    • Appropriations

    • Armed Services

    • Banking, Housing, and Urban Affairs

    • Budget

    • Commerce, Science, and Transportation

    • Energy and Natural Resources

    • Environment and Public Works

    • Finance

    • Foreign Relations

    • Health, Education, Labor, and Pensions

    • Homeland Security and Governmental Affairs

    • Judiciary

    • Rules and Administration

    • Small Business and Entrepreneurship

    • Veterans' Affairs

Chapter 4.4: The Legislative Process

Bill Introduction

  • Formally introduced in the House or Senate; only Congress members can introduce

  • Revenue bills must originate in the House

  • Not all introduced bills become law; referred to relevant committees

Committees in Action

  • Committees and subcommittees gather information through hearings

  • Outside expert opinions can be solicited

  • Mark-up sessions allow for amendments before forwarding to the floor

  • The committee report accompanies the bill to the floor

  • Most bills die in committee; can be rejected or tabled

  • A member can file a Discharge Petition to bring a bill to the floor for a vote

Bill in the House of Representatives

  • Governed by House Rules Committee; decides the debate schedule and rules

  • Committee of the Whole: The entire House acts as a committee under different rules

  • Roll-Call Vote: Each member votes Yes or No, creating a record

A Bill in the Senate

  • Individual senators have more power to shape outcomes than House members

  • Hold: A senator can delay a bill's discussion

  • Unanimous Consent Agreement: Majority leader limits debate time

  • Filibuster: Senators can continuously talk to delay a vote, requiring 60 votes for Cloture to end debate

Resolution of Differences

  • Conference Committees address differences in House and Senate bill versions

  • Reconciliation: Adjusting a bill during budget resolutions before final consideration

  • Passed bills sent to the President for action

Bill and the President

  • Article I, Section 7: The President can:

    • Sign it into law

    • Veto it (returning for reconsideration)

    • Allow it to become law through inaction (if not signed within 10 days when Congress is in session)

  • A vetoed bill can still become law with a two-thirds majority override

Chapter 4.5: Congress and the Budget

The Federal Budget Step 1

  • The President proposes the budget (politically significant, no constitutional value)

    • Assisted by the Office of Budget Management (OMB)

    • Proposed budget contains entitlement programs, mandatory and discretionary spending

The Federal Budget Step 2

  • Congress acts, particularly via the Senate and House Appropriations Committees which finalize the budget

Taxes, Deficits, and Debts

  • The 16th amendment (1913) allowed federal income taxation

  • Budget Surplus: Government earning more than it spends

  • Budget Deficit: Government spending more than it earns; must borrow

  • US National debt as of 2025: $38 trillion

Chapter 4.6: Challenges of Representation

Legislators’ Voting Decisions

  • Factors influencing voting choices:

    • Constituent Interests

    • Party Interests

    • Staff advice

    • Campaign donors

    • The President

Legislator Roles

  • Delegate Role: Prioritize constituent wishes

  • Trustee Role: Use their judgment to make decisions

  • Politico Role: Balance party interests with constituent wishes

  • Descriptive Representation: Reflect a diverse demographic in Congress (e.g., women, minorities)

  • Substantive Representation: Advocacy for constituents’ policy preferences

Chapter 5: The Presidency

5.2: The Constitution and the Presidency

  • Selection, Qualifications, and Term Lengths:

    • Direct elections & Electoral College

    • Qualifications: Natural-born citizen, 35 years old, 14 years residency

    • Term Length: Four years (no term limits until 22nd amendment, 1951)

    • Refer to Federalist 70 for insights

Presidential Powers

  • Formal Powers: Explicitly enumerated in the Constitution

  • Informal Powers: Not enumerated, necessary for executing duties

5 Key Roles of the President

  1. Chief Executive

  2. Chief Diplomat

  3. Commander in Chief

  4. Legislative Leader

  5. Party Leader

Chief Executive

  • Enforces laws and oversees executive agencies

  • Lacks specific guidance in the Constitution on managing the federal government

  • Heads a cabinet of fifteen major departments

The Organization of the Cabinet

  • Structure:

    • Vice President

    • Cabinet Members

    • Executive Office of the President

    • Secretary roles including State, Defense, Health, Education

Chief Diplomat

  • Directs foreign policy and interacts with global leaders

  • Makes treaties (requiring Senate approval)

  • Has capacity for quick action in international relations

Chief Legislator

  • Limited legislative role according to the Constitution

  • Utilizes the State of the Union address for legislative priorities

  • Participates in agenda-setting with party leaders

  • Holds veto power, including the potential for a pocket veto (not signing a bill adjourned)

Commander in Chief

  • Chief of the military chain of command

  • Possesses the authority to pardon federal offenses (exceptions for impeached individuals)

Party Leader

  • The president serves as the leader for their party, setting its agenda even if not holding majority in Congress

Unilateral Presidential Action

  • Executive Privilege: President's right to confidentiality (especially from Congress)

  • Executive Agreement: International agreement not requiring Senate ratification

  • Signing Statements: Additions to bills for guidance upon signing

  • Executive Orders: Directives issued by the president without Congressional approval

Chapter 5.3: Limits on Presidential Power

Division of Power

  • Presidential Powers: Execute laws, propose budgets, appoint cabinet, negotiate, veto legislation, command armed forces

  • Congressional Powers: Investigate/impeach, approve the budget, confirm appointments, ratify treaties, override vetoes, declare war

War Powers Resolution (1973)

  • Deploy troops if:

    • Congress declares war

    • Specific statutory authorization from Congress

    • National emergency due to an attack on the US

  • Must inform Congress within 48 hours of deployment

  • Without authorization, withdrawal within 60 days

Impeachment

  • Congress can impeach a president for “treason, bribery, or other high crimes and misdemeanors”

  • Requires a majority vote in the House and a two-thirds vote in the Senate

Court Decisions

  • The Supreme Court checks presidential power by ruling on executive orders' constitutionality

Chapter 6: The Federal Judiciary

6.2: The Constitution and Federal Judiciary

  • Article III of the Constitution: Mentions only the Supreme Court

    • Original Jurisdiction: Cases involving states or ambassadors

    • Appellate Jurisdiction: Review lower court decisions (Note: Marbury v. Madison and Federalist 78 are significant for understanding Judicial Review)

Federal Judiciary Nominations

  • Federal judges nominated by the President; require Senate confirmation

Structure of Federal Judiciary

  • U.S. Supreme Court:

    • 9 Justices with lifetime appointments (mostly appellate jurisdiction)

    • Limited original jurisdiction

  • U.S. Court of Appeals: Appellate jurisdiction, limited original jurisdiction

  • U.S. District Courts: Original jurisdiction; serve as trial courts

6.3: The Judicial Review

  • Important case: Marbury v. Madison (1803) established the principle of Judicial Review

Federal & State Courts

  • Federal Courts: Established by U.S. Constitution; includes Specialized Courts like bankruptcy

    • Includes:

    • 94 District Courts

    • 13 Courts of Appeals

    • Federal jurisdiction occurs when the federal government is a party or federal questions arise

  • State Courts: Handle both civil and criminal cases, differing appointment processes for judges

Federal District Courts

  • Created under the Judiciary Act of 1789 with original jurisdiction

  • There are 94 Federal District Courts with boundaries that do not cross state lines

Federal Courts of Appeal

  • Only exercise appellate power

  • 13 Federal Appellate courts with jurisdiction over regions and specific federal issues

The Supreme Court

  • Composed of 9 justices with lifetime appointments

  • Primarily exercises appellate jurisdiction

  • Limited original jurisdiction; defined by Article III of the Constitution

How Cases Move Through the Courts

  1. Federal District Courts: Initial trial level, findings presented, opinions delivered

  2. Appeals to Appellate Courts: Focus on the legitimacy of the district courts' decisions; can confirm, reverse, or remand cases

  3. Appealing to the Supreme Court: Supreme Court may refuse to hear a case, requires agreement from 4 justices to hear a case under federal questions or conflicting interpretations

  4. Supreme Court Proceedings: Writ of certiorari issued, oral arguments presented, conferring in secret to decide rulings

  5. Decision Issuance: Includes binding majority decision or potentially a plurality opinion; justices may write concurring or dissenting opinions

6.5: Judicial Decision Making

  • Theories of Constitutional Interpretation:

    • Judicial Restraint: Courts should avoid using Judicial Review except in rare cases; defer to other branches

    • Judicial Activism: Courts should often overturn laws, particularly to protect minorities or check government inaction.