1. The Legislative Branch
General Functions
Roots: Article 1
Bicameral legislature
Senate (Upper House)
Originally decided by st leg
17th Am -> Direct elect
House of Representatives (Lower House)
Directly elected based on Congl districts
Powers: Listed in Article 1, Section 8
Enumerated powers: Powers belonging to Congress
Levy taxes
Regulate commerce
Declare war
Coin money
Raise and support armies
Bills: Proposed laws
Impeachment: Cong has power to impeach federal officials
HOR charges, S8 runs trial
Representation: Changing, but very similar to prior years
Demographics
Gender representation: women are growing % in Cong but underrepresented (50% of voters, 27% of Cong)
Racial and ethnic diversity: Cong becomes more rac & ethn diverse (but still majority white)
Age: Cong members are older (Sen ~ 64, HOR ~ 58)
Education: Most Cong members have a college degree (specifically law)
Religious Affiliation: Cong is majority Chr, but also has others
Styles
Trustee: Uses their own judgement to make decision
Delegate: Acts according to the wishes of constituents
Politico: Combined trustee and delegate approach
Retaining Office: Elections
Incumbency: Holding office as a Rep or Senr
Allows for name recognition, media access, and ability to perform constituents
Redistricting: Changing Cong district borders to reflect population changes
Gerrymandering: Drawing districts to favor one party over another
Organization (in both Houses)
Parties & Meetings
Majority Party: The party that controls leadership roles and the legislative agenda
Minority Party: The party that opposes and shapes leg
Party Caucus/Conference: Meeting of both parties’ members to select leaders and set legv priorities
Cong leadership
HOR
Speaker of the House: Presiding officer
From the majority party
Majority Leader: Sets legv agenda for the Majority party
Minority Leader: Leads opposition in the HOR
Whip: Ensures party discipline in voting
One in each party
S8
President Pro Tempore: Presides over S8 in absence of the VP
Majority Leader: Sets legv agenda for the Majority party
Minority Leader: Leads opposition in the Sen
Whip: Ensures party discipline in voting
One in each part
The Committee System
Strengths
Specialization
Efficiency
Bill refinement
Oversight
Bipartisan collaboration
Types & Roles
Standing Commitee: Permanent panels that consider bills and oversee executive agencies
Joint Committee: Members of the House & Senate that discuss common issues
Conference Committee: Reconciles differences in bills passed by HOR & S8
Select Committee: Temporary committees created for specific investigations
House Committee on Rules: Determines how and when bills are considered
Discharge Petition: A mechanism that allows mmbrs to bring a bill to a floor if it is stuck in committee
Committee Chairs: Leaders of committees with the power to set agendas
Committee Membership: Reflects party ratio in the chamber (mmbrs in various comms)
Powers (cont.)
The Lawmaking Process
Bill introduction
Committee referral
Mark-up: Committee members review and amend the bill
Floor debate: The full chamber discusses the bill
Committee of the Whole: Used for more relaxed debate
Hold: A s8r’s power to pause leg
Filibuster: Unlimited debate in the Sen to block a vote
Final approval
Veto: The president rejects the bill
Pocket veto: The bill dies if the Pres does not sign it w/i 10 days and Cong adjourns
Budgetary Function
Congressional Budget Act of 1974
Establishes procedures for budget approval
Reconciliation: Process to expedite budget-related leg
Ends filibusters by limiting debate to twenty hours
Pork: Funding for projects to benefit specific districts
Allows mmbrs to boost their district
Programmatic Requests (Earmarks): Specific funds that a bill allocates to projects in districts
Oversight Function
Divided government: When the pres & cong are controlled by diff parties
War Powers Resolution (1973)
Limits the pres’ ability to deploy troops w/o cong approval
Congressional review: Cong can overturn exec branch reg
Confirmation of Presidential Appointments: S8 confirms key presidential appointments
Senatorial courtesy: S8rs from the pres’ party have a say in jud appointments
Impeachment: Cong can remove the pres or other fed officers
Decision-making
Influenced by…
Political party
Constituents
Colleagues and caucuses
Logrolling: Exchanging favors when voting on legislation
Interest Groups & Lobbyists: Offer information and resources to influence decision-making
PACs: Provide campaign funding to sway legislators
Uses staff & support agencies
CRS: Provides nonpartisan research and analysis.
GAO: Investigates gov spending & operations.
CBO: Provides budgetary & econ info to Congress.
Interactions
Cong & Pres
Override veto
Confirm apptments
Oversee exec
Cong & cts
Conf & impeach fed judges
Pass laws that shape jud dec
Cong & ppl
Rep the interests of the public
Provides acctbility
Shapes policy in response to electorate’s demands
Congressional Spending
Mandatory
Mandatory Spending: Spending that is required by law
Not decided annually, but determined by eligibility
Examples:
Social Security: Gov program that provides retirement income, disability benefits,& survivor benefits
Medicare: Fed health insurance for ppl 65+
Medicaid: Fed & st program that covers some medical costs for ppl w/ lim income
Unemployment Insurance: Benefits for unemp who meet certain eligibility reqs
Other Examples:
Fed empl retirement & disability programs
Supplemental Nutrition Assistance Program (SNAP)
Interest on the national debt
Discretionary
Discretionary Spending: Spending that is decided annually via appropriations
Examples:
Defense: DOD, military operations, and nuc weapons programs.
Education: Fed education funding for schools, colleges, and education-rel initiatives.
Transportation: Maintaining and building roads, airports, & transportation
Housing Assistance: Programs to assist low-income families w/ housing
Public Safety & Law Enforcement: FBI, DOJ, fed prisons
Mandatory vs. Discretionary
Discretionary is voted on, mandatory is not.
Mandatory is entitlement & interest on the ntl debt, discretionary is evt else essential
Required Cases
Cong Districts & Gerrymandering
Redistricting redraws district boundaries; gerrymandering is biased redistricting
Partisan: Favoring one party
Racial: Favoring one race
Incumbent protection: Protecting sitting legislators from comp elections
Consequences of gerrym
Distorts rep
Reduces comp
Entrench pol power
Undermines “one person, one vote”
Baker v. Carr (1963)
Charles Baker sued Tenn. for failing to redraw leg districts despite changes in pop
Issue: Can fed cts decide cases abt legv apportionment?
Facts:
TN didnt change
Malapportionment violated 14th Am
Ruling: SCOTUS decided redistricting issues can be heard by courts
Reasoning: Equal Protection Clause of 14th Am
Impact: “one person, one vote” principle
Led to a wave of redistricting across states to ensure equal pop distr in districts
Shaw v. Reno (1993)
North Carolina bizarrely shaped a district to ensure the election of a Black rep
Issue: Can race be the dom factor in creating electoral districts?
Facts:
North Carolina wanted to ensure min rep
The bizarre shape was challenged as racial gerrym
Ruling: The SCOTUS ruled that racial gerrm violates the Equal Protection Clause
Reasoning: Race can be considered, but cannot be the primary factor when redistricting
Impact: Limited the use of race in redistricting
Laid the groundwork for future challenges to racial gerrym