Unit 2

4.01 - The House of Representatives

  • The Legislative Branch (Congress) is bicameral

    • House of Representatives

    • Senate

  • Apportionment

    • Determines the number of representatives a state is allotted

  • Each state has at least 1, total 435

    • Each member represents a district

    • Census every 10 years

  • Reapportionment

    • The redistribution of seats in the House of Representatives

  • State legislature creates district lines

    • Gerrymandering is prohibited

  • How are representatives elected?

    • 25 Years of age

    • Reside in the state they represent

    • US Citizen for a minimum of 7 years

    • Must rerun every 2 years

  • Speaker of the house

    • elected by majority party

    • Committe membership assignment

    • Bill committee assignments

    • Scheduling

  • Majority and Minority Leaders

    • Organize party activities

  • Majority and Minority Whips

    • Making sure representatives vote along party lines

    • Work with majority and minority leaders

  • Committee Chairpersons

    • Power depends on importance of committee

  • House Committees

    • Work on specific policies

    • Guide legislation

    • Control congressional agenda

    • Each representative often belongs to multiple committees

  • Types of House Committees

    • Standing committees

      • Permanant

      • Have sub committees

    • Joint Committees

      • Comprised of both senators and represenatives

    • Conference Committees

      • Comprised of both senators and represenatives

      • Overview bills before they are presented to the president

    • Select Committees

      • Appointed for specific situations

  • Iron Triangle

    • Congress works with Bureaucracy and interest groups

    • Defense Iron Triangle - Armed Service Committee, Defense Department, Boeing Corporation

    • Positives: working together, practical and effective laws, interest groups have a direct say, reliance on outside experts

    • Negatives: committees and bureaucracies become too comfortable, interest groups have too much influence, government waste or overspending

4.02 - The Senate

  • Each state has two senators (Total of 100)

    • Represent larger number of constituents

    • Serve for 6 years

  • Qualifications to run for senate

    • Must be at least 30

    • Live in the state they represent

    • Be a US citizen for at least 9 years

  • Only 1/3 of senate seats are up for reelection every 2 year

  • President of the Senate (Vice President)

    • Only role is to break ties

  • President Por Tempore

    • Used when vice president isn’t available

    • Elected by other senators

    • Always from majority party

    • Often the senator who has served the longest

  • Majority and Minority Leaders

    • Decide Agenda

  • Majority and Minority Whips

    • Support leaders

    • Party members vote along party lines

  • Committee Chairpersons

    • What bills their committees will consider

    • Order of consideration

  • Powers of the Senate

    • Power of Confirmation (Check on other branches)

      • Uses simple majority

    • Confirm treaties

      • 2/3 vote

    • Impeachment convictions

      • 2/3

  • Examples of Senate Committees

    • Budget Committee

    • Armed Services Committee

    • Appropriations Committee

  • Senators serve in multiple committees

    • Try to serve on committees that will have the biggest impact on their state

    • Try to serve on nationally important committees

  • Open and unrestricted debate on bills

    • Filibuster - opposed legislation is debated for as long as possible to prevent the Senate from voting on the bill

    • Motion to terminate proceeding

    • Motion for Cloture (3/5 majority needed)

4.03 - Bills and Resolutions

  • Forms of Legislation

    • Bills

    • Joint resolutions

    • Concurrent resolutions

    • Simple resolutions

  • Legislation can be introduced by

    • Representatives

    • the President

    • Interest Groups

    • Private individuals

  • Bills

    • Deal with domestic and foreign issues and programs, as well as the appropriation of money to various government agencies and programs

  • Types of Bills

    • Public Bills

      • Taxes (Must be first introduced in House)

      • Benefits for citizens

      • Allocations of money

    • Private Bills

      • Affect smaller groups or individuals

  • Joint Resolution

    • Most often used for continuning or emergency resolutions

    • Used for declaring war and amending the constitution

  • Simple Resolution

    • Addresses matters within one house

    • Do not need president or other house’s approval

    • Not intended to become law

  • Concurrent Resolution

    • Make or amend rules that apply to both houses

    • Do not require signature of the President

    • Do not become law

4.04 - Legislation to Law

  • If introduced in house

    • Assigned both a title and number

    • Assigned to relevant committees

    • Most legislation dies in committee

    • Subcommittees review legislation, hold hearings, add amendments

    • Sometimes Junkets happen - see if there is support in the area it would affect

    • Once passed committee, then moves to rules committte

      • Assigns date, rules, # of amendment, etc

    • Then moves to house floor

      • Debate, amend, or vote on it

      • Committee of the Whole

    • Quorum Vote, 218 must be present

    • Voice Vote (Yeas and Nays)

    • Vote by Division (Standing)

    • Teller Voting (Not common)

    • Roll Call Voting (Now electronic)

    • Then move to Senate if passed

  • If introduced in Senate

    • Assigned to Committee (Decided between leaders)

    • Amendments are offered

      • Added amendments are added as riders

    • Faces Debate

    • Voted On

    • Roll Call Voting is done electronically in house, but manually in senate

    • Does not have Rules Committee

  • If made through both chambers

    • Moved to Conference Committee

    • Reconcile differences between versions

    • Final draft moves back to chambers

    • Then to president

  • Actions President can take

    • Sign into law

    • Veto

      • Goes to original house

      • Needs 2/3 vote from both houses

    • Sits on presidents desk for 10 days, automatically becomes law

    • Pocket Veto

      • Less than 10 days less in legislative session

      • Dies due to inaction

  • Judicial Review

    • Judicial Branch declares law constitutional

5.01 - The Nature of a President

  • Qualifications of a President

    • Natural born citizen

    • At least 35

    • Resident for 14+ years

  • Expectations of a President

    • Strong communication skills

    • High degrees of education

    • Professional and leadership experience

  • Traditional Presidential Roles

    • Chief executive

    • Commander-in-chief

    • Diplomat

    • Head of state

    • Legislator

  • Line of Succession for President

    • Vice President

    • Speaker of the House

    • President pro tempore of the Senate

    • Secretary of State

    • Cabinet Secretaries

  • Approval of 2nd Vice President in the event of succession (25th Amendment)

    • New president selects someone

    • They must be approved by both houses

  • President can only serve 2 full terms (22nd Amendments)

    • +2 years if through succession

  • Impeachment

    • The process of formally removing a president from power

    • Andrew Johnson, Bill Clinton, and Donald Trump have been impeached

    • Nixon resigned before being impeached

  • First 100 days in office (Honeymoon Phase)

  • After General elections (Lame Duck period)

  • Imperial Presidency

    • President’s power increase compared to Congress

    • Presidential expansion during the Cold War

5.02 - Presidential Roles

  • Enumerated Roles

    • Chief of State (Represents country as a whole)

    • Commander in Chief (power to deploy troops)

    • Chief Executive (Oversees the federal bureaucracy)

    • Chief Diplomat (Foreign relations, representing American interests, hosting dinners, ambassadors)

    • Chief Legislator (State of the Union, Congressional Agenda, Veto Power, Executive Order)

  • Power of Clemency

    • Pardons for Federal Crimes

  • Party Leader

    • Coattail Effect for future presidents

5.03 - The White House

  • Principal Offices Associated with the White House

    • The First Lady

    • President

    • Vice President

    • Chief of Staff

    • Political offices

    • Support services

    • Policy offices of the executive

  • President’s Aides

    • Chief of Staff

    • Political advisers

    • Press Secretary

    • Counselors

    • Congressional liasons

  • White House Office

    • National Security Council

    • Office of Legislative Affairs

    • Council of Economic Advisers

    • Office of Management and Budget

  • Pyramid Model of Management

    • President-vice-chief of staff- cabinet and executive departments-department aides

  • Hub and Spoke System

    • President is the hub, spokes are different agencies

  • Most presidents use a mix of both

5.04 - The Budget

  • Federal budget is decided one year at a time

  • Budget is divided into two

    • Mandatory spending (authorized legislation, national debt)

    • Discretionary spending (programs with authority to spend federal money, at Congress’s discretion, includes defense)

  • Budget authority gives legal authority for agencies to spend federal money in discretionary spending

  • The Fiscal Plan - How much money the government will need and how they will spend it

  • The Budget

    • Budget is managed by the Office of Management and Budget

    • Budget is started in Spring, then reviewed by agencies and the president before being presented to Congress

    • Congressional Budget Office

    • Both houses must agree by April 15th

  • Budget Resolution - total spending limit for all federal programs

  • Budget Reconciliation - The process of rewriting authorized legislation to comply with the budget resolution

  • Legal borrowing limit for the country - the debt ceiling

6.01 - The Nature of the Bureaucracy

  • Max Weber’s Theory

    • Created the Weberian Theory of Bureaucratic Management

    • Hierarchical structure of authority

    • Vertical chain of command

    • Divisions of labor

    • Job specializations

    • Merit based hiring

    • Standard operating structures

  • Public Servant, Bureaucrats - Regular non-elected employees in the federal government

  • Bureaucratic Agency Examples

    • Department of Transportation

    • Department of Defense

    • Department of Homeland Security

    • Department of the Interior

  • Shadow Bureaucrats

    • Work under government contracts or grants

    • Implement policies, but do not receive the benefits of being on the government’s payroll

  • Each bureaucratic agency is created by congress, writes the policies it administers, and sets its own budget

  • Patronage System

    • Not given a job by merit, but by loyalty

    • Assassination of James Garfield led to Pendleton Civil Service Act of 1883

    • This act changed the patronage system to a civil service system

      • Classified jobs (merit based)

      • Unclassified jobs (appointed by president)

  • Hatch Act (1939)

    • Prevents federal employees from participating in partisan politics or running for office

    • Made bureaucrat jobs nonpartisan

  • Plum Book

    • Listing of federal jobs available for presidential appointment

    • Cabinet secretaries

    • undersecretaries

    • Bureau chiefs

    • Ambassadorships

  • Office of Personnel Management

    • Hires most bureaucrats

    • Tests candidates and places them in appropriate jobs

  • Senior Executive Service Employees

    • Work for heads of cabinets

    • Cannot be fired by president

    • Employees hired based on merit

    • Termination only through poor job performance or illegal actions

  • Heirarchy of the Bureaucracy

    • Cabinet departments

    • Independent Regulatory Commissions

    • Government Corporations

    • Independent Executive Agencies

6.02 - The Cabinet

  • Presidential Cabinet - Goal is to carry out the President’s goals

  • Federal Executive Branch

    • Cabinet departments

    • Regulatory agencies

    • Government corporations

    • Independent agencies

  • To date - 15 members of the Cabinet

  • Attorney General - Chief law enforcement officer of the United States

  • Inner Cabinet

    • Secretary of State

    • Secretary of Defense

    • Attorney General

    • Secretary of Homeland Security

    • Secretary of the Treasury

  • Presidental Appointments

    • Upper level White House jobs

    • Cabinet positions

    • Sub-cabinet positions

  • Notable Cabinet Members

    • Henry Morgenthau Jr - Franklin Roosevelt’s Secretary of the Treasury

      • Established the International Monetary Fund and the World Bank

    • George Marshall - Truman’s Sec of State

      • Marshall Plan

    • Robert F Kennedy - JFK’s Attorney General

      • Protected Civil Rights leaders and fought organized crime

    • Robert Reich - Clinton’s Sec of Labor

      • Raised minimum wage and implemented the Family and Medical Leave Act

    • Janet Napolitano - Obama’s Sec of Homeland Security

      • President of Uni of California

    • Hilary Clinton - Obama’s Sec of State

      • Ran for president

  • Merit-Based Appointments

    • Foreign Services

    • State Department

  • Agencies are sometimes referred to as

    • Divisons

    • Bureaus

    • Offices

    • Services

    • Administrations

    • Boards

  • “Going Native”

    • When the head of an agency sides with their department over the president

6.03 - Other Bureaucratic Bodies

  • Regulatory Commissions and Agencies

    • Function apart from the cabinet and executive

  • Independent Agency

    • Jobs are protected

    • President has little influence

  • Main Purposes of Independent Regulatory Commissions

    • Make rules to protect public interest

    • Enforce the rules the commission sets in place

  • Commissions and Boards are governed by a small board

    • Odd number of board members

    • Must be confirmed by the Senate

  • Federal Reserve Board

    • Regulate banks

    • Regulate interest rates

    • Regulate the supply of money

  • Federal Trade Commission

    • Consumer protection

    • Prevents anti-competitive, unfair, and deceptive market practices

  • Examples of Bureaucratic Bodies

    • Federal Communications Commission

    • Federal Aviation Administration

    • Environmental Protection Agency

    • Occupational Safety and Health Administration

    • Securities and Exchange Commission

  • Government Corporations

    • Blend of private companies and government agencies

    • Self-funded

  • Examples of Government Corporations

    • Tennessee Valley Authority

    • Federal Deposit and Insurance Corporation

    • US Postal Service

    • Amtrak

  • Independent Executive Agencies

    • NASA, National Science Foundation, General Services Adminstration

    • Don’t fall within the definitions of other agencies

6.04 - Checks on the Bureaucracy

  • Executive Checks

    • The president can appoint and remove heads of agencies

    • Make budget changes

    • Issue executive orders

    • Reduce a budget

    • OMD assessments

    • Reorganize agencies

  • Congress Checks

    • Funding

    • Create of abolish agencies

    • Approval of apointments

    • Launch investigations into policy

    • Passing legislation to limit influence

    • Sunset Clause - Ensures that the policy will end without being reauthorized through new legislation

  • Judicial Checks

    • Judicial Review

    • Assess legality and constitutionality

    • Ensure due process for effects

    • Hearings and Proceedings

  • Interest Groups

    • Part of Iron Triangles

    • Regulation and special favors

  • Public Checks

    • Watches actions

    • Use of media

    • National Sunshine Laws

      • APA

      • Freedom of Information Act

      • Government Sunshine Act

  • Civil Service Reform Act

    • Whistleblower protections

7.1 - State and Local Courts

  • Municipal or County Court (Local Trials)

    • Settle a dispute between 2 or more parties

    • Civil Trials (Plaintiff v Defendant)

    • Criminal Trails (Government v Defendant)

    • Can be appealed by losing party to an Appellate Court

  • Adversarial System

    • Two opposing parties present their case to an impartial judge and jury who attempt to determine the truth and decide the case based on the presented evidence

  • Judges and Juries

  • 6th Amendment - Guarantees the accused the right to trial by jury in criminal cases in both state and federal courts

  • 7th Amendment - Extends the right to a trial by jury to civil cases but only at the federal level

  • Appeals Court

    • No witnesses or jury, just lawyers and a judge

    • Only allowed for criminal cases in special circumstances

    • Can set precedents

  • Types of Trial Courts

    • Superior

    • County

    • District

    • Municipal

  • State Courts

    • Family

    • Traffic

    • Probate

    • Small claims

    • Criminal Cases

7.02 - The Federal Court System

  • Constitutional Courts

    • Created with the Judiciary Act of 1789

    • District Courts

    • Court of Appeals

    • Supreme Court

  • Federal Judges

    • Appointed by the president, confirmed by senate

    • Removed through impeachment

    • Senatorial Courtesy - The Senate defers to the senators from the home state of the judicial appointee

  • Judicial Districts

    • 1 district court in each state, +DC and Puerto Rico

    • Includes a bankruptcy court

  • US Federal Courts

    • Cases that involve federal law

    • Civil cases: parties from different states disputing 75k+

  • Original Jurisdiction - Federal district courts are the first ones to hear these cases

Captura de pantalla 2026-02-20 a la(s) 17.05.06.png
  • 5th Amendment - Grand juries must be used to determine whether or not a person should stand trial in a criminal case

  • Federal Courts of Appeal

    • Appellate Jurisdiction

    • Only hear cases that come from the lower cases through an appeal

  • Legislative Courts

    • Specialized courts

    • Judges don’t have protections

    • Examples

      • The US Court of Federal Claims (Settle claims against the Government)

      • Federal Tax Court (Civil cases against the IRS)

      • The Court of International Trade (Trades and tarriffs)

      • The Court of Military Appeals (Disputed court martials)

  • Supreme Court

    • Nine judges with majority rule

    • Mainly an apellate court, but has original jurisdiction for when an ambassador, consul, or public minister is on trial, or cases in which a state is a party

  • Petitions for Writ of Certiorari

  • Certification of a Question of Law - Lower court has a legal question

  • Stare Decisis - Relying on precedents when making decisions in new cases

  • Per Curium Decision - A short document that is unsigned by the justices (Unlikely)

  • Three Types of Opinions Issued by the Court

    • Majority Opinions

    • Concurring Opinions - A justice voted with the majority but had a different legal reason for doing so

    • Dissenting Opinions

7.03 - Historical Supreme Courts

  • "The judicial Power of the United States shall be vested in one supreme court, and in such inferior courts as the Congress may from time to time ordain and establish.“ - Article 3 Section 1

  • Chief Justice John Jay -1789

  • Chief Justice John Marshall - 1801

    • Grew judicial branch’s powers, expand capitalism, federalism

    • Marbury v. Madison (Legality of Adam’s judge appointments, established Judicial Review)

    • Fletcher v. Peck (Contract Clause, Supreme Court can invalidate any state law in conflict with the Constitution)

    • McCulloch v. Maryland (Federalism, implied powers, supremacy of federal laws)

    • Gibbons v. Ogden (Congress has the sole authority to regulate interstate commerce)

  • Chief Justice Roger Taney

    • Primacy of states right

    • Scott v Sanford

      • Dred Scott Case

      • Black people weren’t considered citizens

  • Chief Justice Earl Warren - 1953

    • Civil Rights Era

    • Brown v Board of Education (School segregation)

    • Gideon v Wainwright (Legal counsel regardless of wealth)

    • Engel v Vitale (Prayer in school)

    • Miranda v Arizona (Miranda Rights)

      • Right to remain silent

      • Anything they say can be used against them in a court of law

      • Right to an attorney

  • Chief Justice Warren Burger - 1969

    • Roe v Wade (Abortion rights)

    • Regents of the University of California v Bakke (Racial quotas are unconstitutional)

7.04 - The Nature of the Supreme Court

  • Judicial Restraint - The idea that judges should play a minimal role when it comes to policymaking

    • Does not have the constitutional power

  • Judicial Activism - The supreme Court makes policy decisions bold enough to establish new constitutional ground

    • Necessary for the protection of civil rights

  • Doctrine of Political Question - The issue at hand should be left to another branch

  • Judicial Review

    • the Court has the power to determine whether or not acts of government are constitutional

    • Marbury v Madison

    • Final authority on the constitution

  • Loose Construction

    • The constitution is a living document that must change as society changes

    • Federalists papers and Article 1 Section 8 show interpretation

    • Founders couldnt predict modern problems

  • Strict Construction

    • Static artifact

    • Not open to interpretation

  • The Warren Court

    • Judicial activism

    • Civil Rights

  • The Hughes Court

    • Conservation

    • The New Deal

7.05 - The Modern Supreme Court

  • 9 Judges, with 1 being Chief Justice

  • Chosen by president, confirmation by Senate

  • Litmus Test

    • Liberal v Conservative

    • Divisive issues like abortion or gun rights

  • Checks from other branches