AP United States Government
Unit 2: Institutions of Government: Congress and the President
House of Representatives (Congress)
435 Congressmen/Representatives (1911)
Each represent a congressional district
1911- when arizona and new mexico became states
Average district size: 650,000
25 years old, Citizen for 7 years, resident of the district
In order to be a congressman
2 year terms in Washington DC - no term limits
The only direct election originally in the Constitution, single member district
Every district has a single member of congress to represent it
Census - every 10 years
Reapportionment - Redistributing the number of Congressmen each state has based on the census
Redistricting - State legislatures draw district lines to match the new number of representatives
Contiguous lines, must not dilute minority strength, based in population
Gerrymandering - drawing district lines in a way to produce a particular political outcome
Outcome that would favor the party that drew the lines
Senate
100 Senators - 2 per state
Cannot be changed
30 years old, citizen for 9 years, resident of the state
6 year terms (⅓ elected every two years) - no term limits
Originally elected by State Legislatures, 17th amendment (1913 - progressive Movement) -Direct Election
Congressional Demographics: 118th United States Congress
Demographic: statistics on population and people
House: 212 Democrats, 222 Republicans
Senate: 48 Democrats, 3 Independents, 49 Republicans
Congressional Demographics: 119th United States Congress
House: 215 Democrats, 219 Republicans
Senate: 45 Democrats, 2 independents, 53 Republicans
119th house demographics: 125 women, 67 black americans, 45 hispanic americans, 11 asian americans, 2 native american, 12 LGBTQ
119th Senate Demographics: 25 women, 5 black americans, 7 hispanic americans, 3 asian americans, 2 LGBTQ
Average age: 57 in house, 62 in senate
College Degrees - house 96% , senate 99%
More than 50% are millionaires (median wealth is over $1 million), over 88% are Christians, Most worked in politics, business, or law
Gerrymandering
Minorities and women are still underrepresented but over time it has improved
Democrats are more diverse than republicans
When district lines are drawn to give an advantage in upcoming elections to certain political parties. (Partisan Gerrymandering)
Can be accomplished by:
Dividing up the opposition party’s strongholds (cracking) or
Creating districts that create a political advantage for a certain party (packing)
Has also been used to either empower or diminish the power of minorities in the same way (Racial Gerrymandering)
Laws regulation Gerrymandering
Lines must be contiguous
Districts must not dilute minority strength (Race can be a factor, but not the primary factor in drawing liens)
Districts must have equal populations “one man, one vote” principle - Baker v. Carr
Many states have been involved on gerrymandering
Freedom to vote act
Congressional Leadership
Congressional Leadership:
In both the House of Representatives and the Senate, members elect leaders to organize the party, legislation, and voting
Speaker of the House:
elected by the majority party, presides over the House
Senate Pro Tempore:
most senior member of the majority party, presides over the Senate in the VPs absence
Majority and Minority Leaders:
Each party in each chamber elects a leader for their party; organizes legislation and votes, keeps party together
Majority and Minority Whips:
Each party in each chamber elects a whip for their party; responsible for keeping track of votes and leaning on party members to vote with party
Congressional Organization Committees
Four types:
Standing committee:
Handle bills in policy areas and oversee execution of laws
Joint committee:
Members from both houses in certain policy areas (economy and taxation)
Conference committee:
Members from both houses appointed to iron out differences in bills
Select Committees:
Appointed for a specific purpose (Watergate, Steroids in MLB, Intelligence, January 6)
Key Standing Committees:
House of Representatives:
House Rules Committee:
Reviews all bills and sets rules for debate, amendments, and voting calendar
Leadership performs this role in the Senate
Appropriations
Responsible for appropriating spending for bills
Ways and mean:
Responsible for writing all tax policies
Senate:
Judiciary
Holds hearings to review and decide whether to recommend all presidential appointments to the Judicial Branch
Congressional Committees
Committee chairs:
Most influential member of each committee
Scheduling, appoint subcommittee, run debate, votes
Selected by majority party leadership
Committee Members:
Selected by party leadership (Usually Dems and Reps in roughly the same portions the entire chamber)
Request membership based on knowledge and needs of constituency
Getting on the right committee is huge for service , directing federal money to projects in the district, constituent support, expertise and experience
Brings money into state or district
Constituents: people you serve or represent
Role of Congressional Committees
All work on legislation in both chambers is done at the committee level - all proposed bills are assigned to committees (9000/yr)
Committees then conduct research, hold hearings, mark up, and vote on whether or not to present bills
Iff bills are presented, committee members write reports and recruit votes for the bill in the full chamber
Standing committee members serve on conference committees (if the two chambers versions are different)
If the bill becomes law, committees are then responsible for legislative oversight (monitor the administration of the policy, hold hearings, and set budget for agencies executing the law)
Select Committees - can hold hearings on scandals, abuses of power, etc, oversight of the President, business, etc.
Congressional Organization
Caucuses, Staffs, and Agencies
Caucasus: informal groups of members who share interests or characteristics, promote their interests (hold hearings, persuade votes and legislation
Congressional Black Caucus, Hisp;anic Caucus, Caucus for Women’s Issues, Sunbelt Caucus- over 300 total
Staffs: House-17, Sentate -40, 11,000 total, 4000 summer interns
Work either in Washington or in Districts
Write legislation, prepare for hearings, communicate with constituents (casework), negotiate with lobbyists and administrators
Staff Agencies:
Congressional Research Service
Library of COngress, Research, Requests for Information, Nonpartisan Studies
Government Accountability Office
Review the activities of the executive branch to ensure that it is following the intent of congressional legislation
Congressional Budget Office
Reviews President;s Budget, the state of the economy, and the anticipated cost of proposed policies and taxes
Majority Party in Legislative Branch
Speaker of the house chosen
Choose congressional committees and who is on and who leads it
More members and the leadership in every committee
Control day to day operations
Majority vote
Decide where to assign bills and whether to present which bills get recognition
Powers of the Legislative Branch
Article I: Enumerated Powers Clause (lists the powers of Congress)
Joint Powers
Make all laws
Collect taxes and borrow money-budget
Regulate foreign and interstate commerce (Commerce Clause)
Declare war; raise an army and navy
Coin money; fix standards of weights and measures
Issue patents and copyrights
Regulate immigration and naturalization
Establish Post Office
Create federal courts
‘Necessary and Proper’ (Elastic) Clause - extended powers
Questions:
Why did the founders create a bicameral legislature?
What powers are given to the house?
What powers are given to the senate?
Powers of Congress
Why are there two chambers of Congress?
Compromise at the convention- Small v. Large states
Slow the process of legislation
Prevent tyranny of the majority- Checks and balances- different constituencies- federalism
Force compromise
Powers of the House
Propose revenue bills, Impeachment Charges, choose President if there is no winner in the electoral college
Why? Closer to the people, more representative and responsive to their wishes - direct elections, short terms, small constituencies
Powers of the Senate
Advise and Consent Presidential Appointments (Cabinet, Judiciary, etc.), ratify Treaties, Impeachment Trials
Why? More mature body, insulated from public opinion, larger constituents and longer terms, represent state interests
How a bill becomes a law: Proposal and Hearing
Only members may propose bills (cosponsors)
Assigned a number and referred to a committee (House resolution HR or senate resolution SR)
Most bills die here - not considered by committee
Discharge Petition: a vote of the majority in the House of Representatives can bring a bill from a committee to the floor for debate - rarely used
Committees or subcommittees hold hearings, mark up the bill, vote to present bill, write presentation reports
How a bill becomes a law: Scheduling and debate
House:
Bill is sent to the Rules Committee - Places the bill on a calendar, sets rules for debate and procedures for amendments
Each party must have equal time in debate, and amendments must be germane (relevant), time for debate is limited
Quorum Call - roll call to determine if 50 are present
Senate:
No Rules Committee - sometimes leadership will agree to a Unanimous Consent Agreement (UCA) limiting debate time and amendments
Most of the time: NO limit on length of debates (Filibuster), No limit on amendments
Filibuster - a prolonged speech obstructing a vote or progress on a bill
Cloture - A vote of 60 Senators can stop a filibuster
Vote: Bills need a majority in both houses
How a Bill becomes a law: Conference COmmittees and reconciliation
If the two chambers pass different versions - a conference committee is formed
Each chamber appoints delegations to the conference committee- members of both parties, usually from the original standing committee that reviews the bill - job is to reconcile the two versions
Once they have reconciled the differences, they send the bill back to both chambers with a report on the details of the agreements
Both chambers vote again and need a majority to pass the bill
How a Bill becomes a law: The President
Once both chambers pass the same bill the President can:
Sign it - The Bill becomes a law
Veto it - The Bill returns to both chambers for a vote on a congressional override (⅔)
Do Nothing
After 10 days if congress is still in session, it automatically becomes a law
After 10 days if congress is in recess, it is automatically vetoed (pocket veto)
The President
Constitutional Requirements:
35 years old
Resident for 14 years
Natural born Citizen
Four year terms
Elected by the electoral college
22nd Amendment -may only be elected to the presidency twice
Presidential Succession
Death/Resignation
Impeachment - ‘treason, bribery, or other high crimes or misdemeanors’
House charges with impeachment
Trail in Senate with Chief Justice presiding
⅔ vote to convict and remove from office
25th Amendment
The vice president becomes acting president in the case of disability or inability to serve (President or VP and Cabinet can declare)
President nominates replacement VP if needed, approved by a majority of both chambers of congress
1947- Presidential Succession Act
President, Vice president, Speaker of the House, Senate President Pro Tempore, Secretary of State, Treasury, Defense, AG
Organization of the Executive Branch
The Executive Branch includes the President, the Vice President and over 4 million civilian and military employees
Most of these employees work in The Federal Bureaucracy (Thousands of federal agencies and institutions that implement and administer federal laws and programs) (FDA< EPA< CDC< FBI< CIA< NASA)
Two key groups advisors to the president:
The Executive Office of the President:
The EOP are some of the President's most trusted advisors - includes several of the most important agencies - located in either the White House or the EEOB (Eisenhower Executive Office Building)
The Cabinet
15 heads of executive departments (President can also designate other officials)
Organization of the Executive Branch: The Executive Office of the President
The EOP includes many different categories,
2000 employees in total
Work most directly with the president on a daily basis
Ensure the smooth operation of the federal government
All employees of the EOP are under the leadership of the White House Chief of Staff (President's right hand man - no Senate Approval)
White House Staff
Between 400-600 White House Staffers
Work in the West Wing and most directly with the President - personally loyal
Not approved by the Senate
EOP- Continued
The First Lady/First Gentleman
East Wing
No Official Role in the Constitution
Ceremonial, Specific Policy Issue, Real Advisor to the President
Office of the Vice President - EEOB
Same qualifications for election as president, used to balance the ticket politically or geographically
Two jobs: Preside over the Senate, Take the President’s place
Advisory role to the President
Other Major Agencies - EEOB - Approved by Senate
National Security Council - Managed by NSA
Council of Economic Advisors
Office of Management and Budget
The Cabinet
Heads of the executive departments and other officials appointed by the President
Called secretaries (except for the Attorney General)
Head of Justice Department (Attorney General)
Appointed by the President, Approved by Senate
Advise the President and execute the law as ordered by the president - Executive departments help with both and are part of the Federal Bureaucracy
As the responsibilities of the president has grown so have the number of executive departments (Often indicated President's priorities: Roosevelt - Department of labor, Johnson - Housing and urban Development, Carter - Energy, Bush - Homeland Security)
Powers of the President
Constitution gave very few powers to the executive branch
Power of the President has increased over time as Presidents have assumed more powers and the US role in foreign affairs have increased
Formal (Express) Powers - Those specifically listed in the constitution
Implied Powers - powers not literally written in constitution but assumed because of written powers - similar to congress and elastic clause
Two Presidents: Domestic and foreign, Congress much more willing to follow President's lead in foreign affairs
Informal Powers: power to persuade others to follow their lead - depends greatly on public support (approval rating and election returns) and their use of the media
Powers can be divided into five roles:
Chief Executive
Formal Powers:
“Take care that the laws be faithfully executed”
Grant pardons (forgiven for a crime/disappears from record) and reprieves (excused from punishment or lightened sentence) (except for impeachment)
Responsible to run the federal government
Makes appointments to executive agencies and departments, independent agencies and the courts
Senate ‘advise and consent’ power- can hold up nominees- acting and recess appointments
Senate can block some appointments
Most appointees are either politicians or those who work for business, universities, and /or think tanks (private institution that have a group of people that think for solutions to problems… hoover institute)
Used to be about party influence and spoils, now expertise and administrative experience is more important
Implied Powers:
Recommend budgets for all agencies and departments
Money is needed to enact laws
Issue Executive Orders - (presidential order) used to instruct agencies and departments on how to execute the law, carry the force of law without congressional consent
Tell the bureaucracy what to do
Create new executive departments and agencies
Chief Legislator
Formal Powers:
Deliver the State of the Union Address - “from time to time” (once a year)
Challenges that have to be addressed
And what they would like to do for the following year - setting the agenda (plan)
Sign/Veto Laws
Power to convene Congress on ‘extraordinary occasions’
Implied Powers:
Budget Proposals - who gets the money and how much shows his priorities -OMB
Executive orders- issued to executive departments to carry out laws or regulations (criticism - making legislation) - Internment of Japanese Americans, Desegregation of the Armed Forces and Public Schools, DREAM Act and Deferred Action for Childhood Arrivals
Signing Statements:
Statements that accompany bills that the President signs
Used to explain how the President is going to execute the law or why he won't execute parts of it (instead of line item veto- ruled unconstitutional)
Head of Party
Get Congressmen/Senators to propose and support his legislation, Agenda Setting and Public Opinion (propose measures in the State of the Union) - Use of Media - Need for Veto Power today?
Chief Diplomat (Ambassador)
Formal Powers:
Negotiate all Treaties - approved by ⅔ Senate
Appoint all Ambassadors - approved by Senate
Receive all Ambassadors
Recognition of Foreign Nations
Implied Powers:
Negotiate Executive Agreements - agreement between president and other heads of states - no Senate Approval (Cuban Missile Crisis, NAFTA (Free Trade Agreement), Paris Climate Change Agreement)
Chief of State: State Dinners, Ceremonial Duties
Negotiate with world leaders
Acquire new lands - Louisiana, Alaska
Commander in Chief
Formal Powers:
‘The President shall be Commander in Chief of the Army and Navy’
Modern day: all military organizations
Civilian control of the Military (Fear)
Order military action against foreign countries (War Powers Act - 48/60)
Implied Powers:
Declare Neutrality
Congress waits for the president to take initiative in any war actions
Size and location of military
Controls nuclear arsenal
Crisis Management- can respond more quickly than Congress - 9/11, Hurricane Katrina and Sandy
Growth of Presidential power
People want a powerful president that can do good - expect presidents to ensure they have a good life.
Limited constitutional Powers and the era of divided government mena the president must rely on inherent powers and persuasion - informal powers
Sources of Presidential power:
Implied powers:
Growth of agencies and departments to execute the law - Large and organized staff
OMB and bude=get control - President controls how the money is spent
Increased significance of veto power - threat of a veto and congressional options (Signing Statements) - Legislative Control?
Executive Order and Executive Agreements - circumvent Congress
Informal Powers: Power to persuade
Media attention and agenda setting - Bully pulpit - use the press to garner support for their programs - Sway public opinion
Ability to bargain with and make personal appeals to congressmen and senators - trade support (logrolling)
Electoral Mandates and midterm elections (Divided Government = Legislative Gridlock)
Head of party: ability to marshal members of his party - coattails
Ability to persuade depends largely on Presidential Approval Ratings - Public Opinions
Presidential Approval Ratings
Approval ratings are important to presidents. In order to be successful, presidents must use the bully pulpit to persuade the people to follow him. Approval ratings in part indicate how well he is managing that.
Approval ratings are affected by many factors:
The Press
Adversarial Roles
President and Press Secretary - On Message - Press Briefings and Press Conferences
Bully pulpit- taking advantage of the prestige and visibility of the presidency to try to guide public opinion and mobilize the American people
Ceremonial Appearances and Staged Photos - First Pitch, Pardon Turkey
Other Factors
The Executive Branch in relation to the Founding Fathers' vision regarding Separation of Powers:
Purpose of Separation of Powers: The Founding Fathers established a system of checks and balances to prevent any one branch of government from becoming too powerful. This was largely influenced by their experiences with tyranny under British rule.
Executive Authority: The Founders were cautious about establishing a strong executive due to fears of monarchical power. Thus, they created a presidency with limited but defined powers as outlined in Article II of the Constitution.
Implied Powers: While formal powers are listed in the Constitution, the presidency has grown into a more robust role, often through implied powers and executive actions, reflecting an adaptation over time that still aligns with the federalist principles they created.
Checks on Power: The executive is checked by the legislative branch, which holds powers such as confirming appointments and ratifying treaties. This foundational check ensures that the executive cannot operate unilaterally without legislative cooperation.
Role of the President: The President serves not only as the Commander-in-Chief but also as a key participant in the legislative process (e.g., delivering the State of the Union, signing/vetoing legislation). This ensures accountability and encourages collaboration between branches.
Responsiveness to the Public: The creation of a four-year term for the presidency means that the executive must remain responsive to public opinion and can be held accountable by voters, which reflects the representative democracy the Founders envisioned.
Evolution of the Role: Despite the initial limits, the role of the executive has evolved due to national crises and changing political landscapes, suggesting that the Founders intended the system to adapt while still adhering to their principles of limited government and federalism.
Implications for Governance: The Founders believed that divided powers within government would prevent tyranny and protect liberties, reinforcing the notion that the executive branch should remain powerful yet accountable and balanced against the other branches.