UNIT 2 TEST tester
2.1 Bicameral Legislature
Definition: Congress has two houses - the House of Representatives and the Senate.
Reasons for Bicameralism:
The Framers split Congress due to fears of excessive legislative power, as articulated in Federalist 51.
Constituencies
Definition of Constituents: The people entitled to vote for a candidate; the actual voters.
Presidential Constituency: Broadly includes all voters in the U.S.
Senatorial Constituency: Voters within their respective states.
House of Representatives Constituency: Voters within specific districts.
Local vs. Broader Issues:
House: Represents smaller, more specific local issues (district level).
Senate: Represents broader issues at the state level.
Differences in Size & Terms
Senate:
Members: 100 members.
Term Length: 6-year terms.
Rules: Fewer rules; allows filibuster; coalitions are easier to sustain.
House:
Members: 435 members.
Term Length: 2-year terms.
Rules: More formal; amendments must be “germane” (relevant). The Speaker of the House holds significant power over setting the agenda; maintaining coalitions is more challenging.
Coalitions
Caucus/Conference: Members of the same party unite (e.g., House Democratic Caucus).
Sub-groups: Special interest groups within parties (e.g., Congressional Black Caucus, House Freedom Caucus).
Bipartisan Groups: Members from both parties coming together on issues.
Regional Caucuses: Groups based on local industry and interests (e.g., farming, fishing).
Common Interests: Members may unite on issues like civil rights and immigration.
Enumerated vs. Implied Congressional Powers
Enumerated Powers: Granted explicitly to the federal government by the Constitution (COTUS).
Example: Powers listed in Article 1, Section 8.
Implied Powers: Powers not explicitly stated in the Constitution but derived from enumerated powers.
Justification: The Necessary and Proper Clause frequently serves as the basis for implied powers.
2.2 – Structures, Powers, and Functions of Congress
Congress Structure
Bicameral Function: Comprised of the two chambers: House of Representatives and Senate.
Purpose: Balances popular will against state equality; incorporates internal checks.
House of Representatives
Members: 435 members with 2-year terms; representation based on population.
Age Requirement: 25 years.
Residency Requirement: 7 years.
District Constituencies: Approximately 700,000 persons per district.
Senate
Members: 100 members serving 6-year terms (staggered elections).
Representation: 2 members per state.
Age Requirement: 30 years.
Residency Requirement: 9 years.
State Constituencies: Represents entire states.
Congressional Leadership
House Leadership
Speaker of the House: The most powerful position.
Majority Leader: Helps set the agenda.
Minority Leader: Represents the minority party.
Whips: Assist party leaders in managing the legislative process.
Caucus/Conference Chairs: Lead party caucuses.
Senate Leadership
Vice President: Acts as a tiebreaker in the Senate.
President Pro Tempore: A symbolic leader.
Senate Majority Leader: Holds significant power in shaping the legislative agenda.
Minority Leader: Addresses the interests of the minority party.
Whips: Aid in party discipline and voting.
Caucus/Conference Chairs: Similar roles as in the House.
Committees in Congress
Types of Committees
Standing Committees: Permanent bodies dealing with broad policy areas (e.g., Judiciary, Agriculture).
House Rules Committee: Unique to the House, managing debate rules for bills (open or closed rules).
Select Committees: Temporary; established for specific issues (e.g., investigating Benghazi).
Joint Committees: Comprises members from both chambers for research without law-making authority.
Conference Committees: Reconcile different versions of bills between the House and Senate.
Impacts of Structures on Policy-Making
Agenda Setting: Structures dictate which issues are viable for debate.
Positive Agenda Control: Promotes policy passage.
Negative Agenda Control: Blocks policy initiatives.
Obstruction/Mutiny: Structures that allow for dissent or variation from party lines.
Primary Functions of Congress
Legislative Function
Law-Making Authority: Primary responsibility to draft and enact laws (Article I, Section 7).
Committee Role: Committees conduct research, drafting, and amendments for bills.
Budgetary Authority: Congress decides fiscal allocations and appropriations for government spending.
Constituent Service
Community Engagement: Members provide direct assistance to constituents (e.g., veterans' benefits, immigration help).
Local Development: Seek funding and projects benefiting local needs (e.g., infrastructure).
Oversight Function
Government Monitoring: Congress checks executive branch operations for legality and adherence to law.
Investigations: Holds hearings for transparency and accountability.
Funding Leverage: Controls budget allocations to encourage compliance with legislative mandates.
Confirmation Role: Senate has the authority to confirm or reject presidential appointments.
2.3 – Partisanship & Ideology
Definitions
Partisanship: Strong support for a party's position, often without critical judgment.
Ideology: A belief system reflecting opinions on government roles.
Conservative Ideology: Prioritizes individual liberties, limited government, low taxation, gradual change.
Liberal Ideology: Emphasizes equality, government intervention, tax increases to support social programs, and rapid change.
Libertarian Ideology: Advocates maximum freedom, minimal government interference, and civil liberties.
Political Polarization
Definition: The process of political parties moving toward the extremes with reduced tolerance for compromise.
Contributing Factors: Media influence and gerrymandering increase divisions.
Divided Government & Gridlock
Divided Government: Different political parties control executive and legislative branches, leading to legislative standoffs and reliance on executive orders as temporary resolutions.
Gridlock: A scenario where government functions stall, observable through government shutdowns and delayed legislative processes.
Representation Models in Congress
Delegate Model
Concept: Representatives align closely with their constituents' wishes.
Trustee Model
Concept: Representatives exercise their judgment to serve the common good.
Politico Model
Concept: Mixes both delegate and trustee ideologies based on the specific issue.
Motivations of Congress Members
Key Constituents: Voters, donors, and interest groups influence decision-making.
Party Leadership: Party norms and cues significantly guide member behavior.
Caucuses
Definition: Groups formed by shared characteristics or interests (e.g., Black Caucus, Freedom Caucus).
Congressional Staff Roles
Responsibilities: Staff assists in drafting legislation and interacting with lobbyists.
Iron Triangle
Definition: The interdependent relationship between a congressional committee, a bureaucratic agency, and an interest group benefitting each other.
Reapportionment & Redistricting
Reapportionment
Definition: Redistribution of House seats among states every 10 years based on census data.
Example: Texas gained two seats in 2020, while California lost one.
Redistricting
Definition: State legislatures redraw district lines, often influenced by partisan objectives.
Standards: Aim for compact districts, continuity, and community preservation.
Gerrymandering
Types of Gerrymandering
Partisan Gerrymandering: Tailoring districts to favor a specific political party (legal as confirmed by Rucho v. Common Cause (2019)).
Racial Gerrymandering: Illegal as established by Shaw v. Reno (1993), which violates voting rights laws.
Consequences
Safe Seats: Leads to reduced electoral competition and potentially extremist candidates; undermines minority voter influence.
Supreme Court & Redistricting
Baker v. Carr (1962)
Significance: Established that courts can review redistricting, affirming “one person, one vote.”
Shaw v. Reno (1993)
Ruling: Race cannot dominate congressional district drawing.
Shelby v. Holder (2013)
Limitation: Reduced federal monitoring of voting rights laws.
Legislation & Committees
Primary Role of Congress
Lawmaking: Congress’s essential function, especially via committees where most proposed bills fail (about 95% of over 10,000 bills).
Types of Committees:
Judiciary Committee: Oversees Justice Department issues.
Commerce Committee: Works with the Commerce Department.
Armed Services Committee: Focuses on military matters.
Committee Chairs
Roles: Majority party members manage agendas, hearings, and staff distribution.
Congressional Staff
Member Support
Duties: Assist with constituent inquiries and legislation drafts.
Key Agencies:
CRS (Congressional Research Service): Provides legislative research.
GAO (Government Accountability Office): Audits and investigates government spending.
CBO (Congressional Budget Office): Nonpartisan analysis of budget and economy.
Types of Legislation
Public Bills
Affect the general public in areas like taxes and healthcare.
Private Bills
Impact specific individuals, e.g., immigration cases.
Resolutions
Simple Resolutions: Non-binding, passed within one chamber for symbolic purposes.
Concurrent Resolutions: Passed by both chambers, no presidential signature required.
Joint Resolutions: Require presidential approval, can involve declaring war or constitutional amendments.
HABBAL: How a Bill Becomes a Law
Steps:
Introduction: A bill is proposed in either chamber and forwarded to committee.
Committee Action: Bills are debated and can be modified, noting high rates of failure here.
Floor Action: Bills are debated; House rules are stringent while the Senate allows filibusters.
Conference Committee: Roles in reconciling differing bill versions from both chambers.
Presidential Action:
Sign: Bill becomes law.
Veto: Congress can override with 2/3 majority.
10-Day Rule: If not signed within 10 days when Congress is in session, the bill becomes law.
Pocket Veto: Bill is void if Congress adjourns within 10 days without a signature.
2.4 – Roles and Powers of the President
Formal / Constitutional Powers (Article II)
Enumerated Powers include:
Execute federal laws.
Serve as Commander in Chief.
Issue pardons.
Make treaties (requiring ⅔ Senate approval).
Nominate federal judges and officials (requiring Senate confirmation).
Fill Senate vacancies when in recess.
Veto congressional legislation (can be overridden).
Informal / Implied Powers
Bully Pulpit: Presidents can appeal directly to the public and shape opinion via speeches and media (e.g., FDR’s “Fireside Chats”).
Executive Orders: Directives with the force of law from the president to federal agencies; reversible by successors.
Executive Agreements: International agreements not needing Senate approval; generally more adaptable than formal treaties.
Signing Statements: Interpretations attached to signed legislation indicating presidential perspective on enforcement.
Executive Privilege: Allows protection of certain communications and conversations from external inspections.
2.5 – Checks on the Presidency
Main Constitutional Checks
Advice and Consent Clause: Senate authorizes presidential nominations.
Concerns of the Framers
Fear of a single executive cultivating ambitions detrimental to the republic instilled the need for checks such as Senate confirmation.
White House Staff (No Senate Confirmation Required)
Close advisers shaping presidential strategies:
Chief of Staff: Schedules management and access.
Press Secretary: Communicates with the public.
Chief Counsel: Legal advisor.
National Security Advisor: Monitoring threats and security issues.
Federal/Supreme Court Appointments
Process:
Presidential nominations are subject to Senate confirmation.
Judges serve life terms subject to good behavior, unless retired or impeached.
Elections involve ideological alignment between appointees and the administration.
2.6 – Expansion of Presidential Power
Bully Pulpit
Definition: Direct ability to communicate with the public enhanced through modern media.
Noticeable name recognition enables pressure on Congress beyond average public figures.
Media & Technology
Allow more influence over public perception, from radio, television to social media, marking the evolution of presidential communication styles.
Precedent
Definition: Past actions creating standards for future precedents.
Example: George Washington’s two-term precedent was broken by FDR leading to the establishment of a two-term limit via the 22nd Amendment.
Crisis and Global Power
International conflicts and crises illustrate the presidency's expanding role, often leading to unilateral action in emergencies, followed by congressional or judicial examinations.
2.7 – Presidential Communication
Formal Communication: The Constitution
State of the Union Address: Required annual communication reporting on national conditions.
Evolution of Presidential Communication Mediums
Medium Development: Transitioned from radio to social media showcasing the changing landscape of public communication.
Types of Messaging Techniques:
Bully Pulpit: Direct persuasion before the public.
Spin: Manage perceptions via media framing.
Trial Balloon: Testing public reactions to ideas through leaks.
Leak: Prospective information released with potential strategic intent.
Goals of Presidential Communication
To gather public support for policies, pressure Congress, influence media narratives, and to build trust with citizens.
Overview of Sections 2.4–2.7
Recap of Key Themes
Roles & Powers: Distinction between enumerated and implied powers; importance of executive orders and communication.
Checks on Presidency: Senate’s oversight role; processes for appointing judges.
Expansion of Power: Impact of media and crisis responsiveness; historical precedent development.
Presidential Communication: Evolution from radio to social media; strategic messaging practices.
Article II -Executive Branch
The following sections provide an outline of the presidency outlined in Article II.
Section 1 – Presidency Basics
Executive Power: Vested in one president, elected for a 4-year term with a Vice President.
Electors: States choose electors equal to the number of Senators plus Representatives (Electoral College).
Eligibility: Members of Congress cannot be electors.
Voting Structure: Originally, electors voted for two candidates—most votes became president, the second-place candidate became VP (later amended by the 12th Amendment).
House's Role: If no majority in electors, the House chooses the president (1 vote per state), and the Senate chooses the VP.
Congressional Authority: Congress sets the procedures for electors and uniform election day for electors.
Eligibility Requirements for President:
Must be a natural-born citizen.
At least 35 years old.
At least 14 years a resident of the U.S.
Succession: The VP takes over if the president dies, resigns, or is removed. Congress can pass laws for further succession.
Salary: The president receives a fixed salary that cannot change during their term, with no additional payments allowed.
Oath: The president must swear to “preserve, protect, and defend” the Constitution.
Section 2 – Presidential Powers
Commander in Chief: The president oversees the army, navy, and state militias when federally called.
Advisors: The president can require written advice from executive officials.
Pardons: The president can grant pardons for crimes except for cases of impeachment.
Treaties: The president can make treaties with the approval of two-thirds of the Senate.
Appointments: The president appoints ambassadors, judges, and other officers, with Senate approval required.
Vacancies: The president can temporarily fill offices when the Senate is in recess.
Section 3 – Duties of the President
State of the Union: Must address Congress to provide updates on national conditions.
Law Recommendations: The president can recommend new laws.
Congress Sessions: The president can call Congress into special sessions or adjourn them if the House and Senate disagree.
Ambassadors: Must receive ambassadors and foreign officials.
Faithful Execution: The president must ensure that laws are executed faithfully.
Commissions: The president commissions all U.S. officers, providing them with legal authority.
Section 4 – Impeachment
Grounds for Removal: The president, vice president, and other civil officers can be removed for treason, bribery, or high crimes and misdemeanors.
Sections Recap:
Section 1 = How a president is elected.
Section 2 = Powers of the president.
Section 3 = Duties of the president.
Section 4 = The process for presidential removal.
Article III – The Judicial Branch
Section 1 – Creation of the Courts
Judicial System: Establishes a Supreme Court and permits Congress to create smaller courts as necessary.
Judges’ Tenure: Judges appointed keep their position for life contingent on good behavior. Their salaries are protected from reductions.
Section 2 – Jurisdiction of the Courts
Federal Court Jurisdiction: Includes cases involving the Constitution, U.S. laws, treaties, ambassadors, foreign officials, and disputes involving the U.S. government or between states.
Types of Jurisdiction:
Original Jurisdiction: Cases initiated in the Supreme Court (e.g., cases involving ambassadors).
Appellate Jurisdiction: Cases where the Supreme Court reviews decisions from lower courts.
Criminal Trials: All criminal trials (excluding impeachment trials) must be conducted in the state where the crime occurred.
Section 3 – Treason
Definition of Treason: Narrowly framed to prevent governmental abuse; treason comprises only waging war against the U.S. or aiding its enemies.
Conviction Criteria: Requires testimony from two witnesses or a confession in open court.
Punishment: Congress can determine punishment, but it cannot affect family members (no “corruption of blood”) and cannot extend beyond the convict's life.
Articles IV–VII - Power of States
Article IV – The States
Full Faith and Credit Clause: States must acknowledge public acts and records of other states.
Privileges and Immunities Clause: Citizens from one state receive equal treatment in another state.
Extradition Process: Obligates states to return individuals who commit crimes.
New State Admission: Congress regulates the integration of new states and manages existing state boundaries.
Article V – Amendments
Amendment Process: Proposals require 2/3 majority in Congress or state legislatures, ratification needs 3/4 of states.
Equal State Representation: Cannot be altered without consent.
Article VI – Supremacy Clause**
Supreme Law of the Land: Constitution reigns supreme over state laws; state judges must follow federal law.
Oath Requirement: Officials must swear allegiance to the Constitution, without religious tests for office.
Article VII – Ratification
Constitution valid upon approval from 9 out of 13 states.
Required Documents
Federalist 51(Madison —> Publius)
Context: James Madison wrote Federalist 51 to address public fears of one branch of government becoming too powerful.
Vision: The Constitution was designed to prevent tyranny through checks and balances and separation of powers.
Human Nature: Madison argued that humans are inherently selfish, and even virtuous individuals could be corrupted by power. Thus, a system was needed where power controls power.
Government Structure: Each of the three branches—legislative, executive, and judicial—will be independent yet interconnected to check one another's authority.
Congress’s Role: Madison regarded Congress as the most powerful branch due to its direct representation of the people. Hence, he advocated for Congress to be bicameral (two houses) to maintain internal checks and balances.
Compound Republic: Madison described America as a “compound republic,” wherein power is divided:
Vertical Division: Between federal and state governments.
Horizontal Division: Among the branches of government.
This design provides a “double security” for citizens because if one level abuses its power, the other can intervene.
Factions: Madison expressed that in a large republic, numerous interest groups make it difficult for any single group to dominate, thus better protecting minority rights.
End Goal: To illustrate how the Constitution balances governmental power and prevents tyranny.
Key Quote: “If men were angels, no government would be necessary.”
Separation of Powers: Each branch (legislative, executive, judicial) should maintain its own independent powers.
Checks and Balances: Each branch must hold power to check the others to preclude any branch from attaining excessive authority.
Legislative Dominance: Madison stresses that the legislative branch poses the greatest threat, necessitating its division into two houses to allow internal check mechanisms.
Compound Republic: Emphasizes divisions of power between federal and state governments as well as inter-branch separations.
Minority Safeguards: A larger republic with many factions makes it difficult for the majority to oppress minorities.
Federalist 78 (Hamilton)
Judicial Independence: Advocates lifetime service during good behavior for judges, maintaining independence from politics.
“Least Dangerous Branch”: Hamilton emphasizes the judiciary's lack of force over military or financial resources.
Judicial Review: Courts safeguard the Constitution, authorized to nullify unconstitutional laws.
Relevance: Justifies life tenure for judges as a means of protecting impartiality within the judiciary.
Federalist 70 (Hamilton)
Core Argument: America needs one strong, single president, not a committee of presidents.
Why “energy” in the executive matters:
Energy = ability to act fast, decisively, with authority.
Ingredients of energy = unity (one person), duration (time in office), support (resources), and competence.
Safety for the people:
A single executive = accountability. Everyone knows who’s responsible.
Multiple executives = blame-shifting, slower decisions, confusion.
Unity vs. Plurality:
Unity = faster, clearer, stronger gov.
Plurality = divided power, arguments, slow action, weaker gov.
Vices of human nature:
People are selfish/ambitious → multiple leaders would fight each other instead of governing.
Biggest Objection to plural executive:
No clear responsibility → can’t tell who to blame for mistakes.
Most convincing point:
Accountability: with one president, we know exactly who to hold responsible.
👉 Translation: Hamilton basically says “one strong president keeps things running and keeps them honest.”
Article IV – The States
Full Faith and Credit Clause: States must acknowledge public acts and records of other states.
Privileges and Immunities Clause: Citizens from one state receive equal treatment in another state.
Extradition Process: Obligates states to return individuals who commit crimes.
New State Admission: Congress regulates the integration of new states and manages existing state boundaries.
Article V – Amendments
Amendment Process: Proposals require 2/3 majority in Congress or state legislatures, ratification needs 3/4 of states.
Equal State Representation: Cannot be altered without consent.
Article VI – Supremacy Clause**
Supreme Law of the Land: Constitution reigns supreme over state laws; state judges must follow federal law.
Oath Requirement: Officials must swear allegiance to the Constitution, without religious tests for office.
Article VII – Ratification
Constitution valid upon approval from 9 out of 13 states.
SCOTUS BRIEFS
Citizens United v. FEC (2010)
Background
Citizens United produced a film critical of Hillary Clinton during election campaigning.
Legal Issue
Examined if corporate spending limitations in elections breach First Amendment rights.
Supreme Court Holding
Determined that restrictions infringe on free speech; corporations can contribute unlimited funds to political campaigning.
Impact
Overturned aspects of campaign finance; led to the emergence of Super PACs and established expectations about monetary influence in political discourse.
Story of Citizens United v. FEC
During the 2008 Democratic primaries, Citizens United produced "Hillary: The Movie," an advertisement opposing Hillary Clinton's candidacy.
The Bipartisan Campaign Reform Act (BCRA) prohibited corporations and unions from spending their own funds on election-related communications within a designated period.
When Citizens United sought to air its film, the FEC enforced the law, leading to litigation.
The Supreme Court concluded that money equates to speech and that restrictions on financial expenditure limit free speech.
Result: Citizens United won, permitting unrestricted corporate and union spending on political ads, contingent on not coordinating directly with candidates.
Analogy: The government initially attempting to block the film was overruled as a violation of free speech, granting corporations more leeway in political expression.
During the 2008 Democratic primaries, Citizens United produced "Hillary: The Movie," an advertisement opposing Hillary Clinton's candidacy.
The Bipartisan Campaign Reform Act (BCRA) prohibited corporations and unions from spending their own funds on election-related communications within a designated period.
When Citizens United sought to air its film, the FEC enforced the law, leading to litigation.
The Supreme Court concluded that money equates to speech and that restrictions on financial expenditure limit free speech.
Result: Citizens United won, permitting unrestricted corporate and union spending on political ads, contingent on not coordinating directly with candidates.
Analogy: The government initially attempting to block the film was overruled as a violation of free speech, granting corporations more leeway in political expression.
Schenck v. U.S. (1919)
Facts
Context: Schenck distributed anti-draft leaflets during WWI, charged under the Espionage Act of 1917.
Constitutional Question
Free Speech: Did punishing Schenck infringe upon his First Amendment rights?
Holding
Supreme Court Decision: Court ruled against Schenck; his speech was not protected.
Constitutional Clause(s)
Affected Clause: First Amendment – Freedom of Speech.
Narrowing Doctrine: The speech is limited if it creates a “clear and present danger.”
Reasoning
Judicial Opinion: Justice Holmes asserted that rights are not absolute; one cannot “shout fire in a crowded theater.” Schenck's actions posed an immediate risk to military recruitment during wartime.
Impact of the Ruling: Established the “clear and present danger” test, later revised to “imminent lawless action” standard.
Story of Schenck v. U.S.
Story: It’s 1917, right in the middle of World War I. The U.S. government passes the Espionage Act, which basically says you can’t do things that interfere with the military draft or help the enemy.
Enter Charles Schenck, a socialist who really hated the draft. He and his friends started handing out leaflets (pamphlets) to men who had been drafted. These leaflets said the draft was like slavery and urged people to resist it. Schenck believed this was just free speech—he wasn’t hurting anyone, just encouraging people to protest.
The government didn’t see it that way. They arrested him, saying he violated the Espionage Act by trying to obstruct the draft during wartime. Schenck argued in court: “Wait a second, I have First Amendment rights! Free speech should protect me.”
The case went all the way to the Supreme Court. Chief Justice Oliver Wendell Holmes wrote the decision. He said that in normal times, Schenck’s words might have been okay. But during a war, when the country’s survival is at stake, speech that could cause serious harm isn’t protected.
Holmes gave his famous example: free speech doesn’t protect you if you shout “Fire!” in a crowded theater and cause panic. The same way, Schenck’s leaflets could create a “clear and present danger” by disrupting the draft and hurting the war effort.
So, the Court unanimously ruled against Schenck. The decision created the “clear and present danger” test, which became the rule for deciding when speech can be limited.
In short:
Schenck thought he was just using free speech. The government thought he was threatening the war effort. The Supreme Court sided with the government, saying free speech has limits, especially in dangerous times like war.