AP Government - Unit 2 Notes

Congress is the law-making branch of the government, which plays a crucial role in shaping federal legislation and policymaking. It is a bicameral legislature, consisting of two houses: the House of Representatives and the Senate, each with distinct roles and functions.

House of Representatives

• Representatives are apportioned to each state based on its population, which is determined by the decennial census.

• There are a total of 435 representatives, with the number from each state fluctuating as populations change.

• Representatives serve two-year terms, making them closely tied to their constituents and responsive to their immediate concerns.

• Each representative represents a smaller constituency compared to senators, allowing for greater interaction between representatives and their local citizens.

• The House has the exclusive authority to initiate revenue bills, reflecting its role in taxation policies.

Senate

• Each state has two senators, totaling 100 senators regardless of population size, to ensure equal representation.

• Senators serve six-year terms, which provide them with more stability and allow for a longer-term focus on legislation compared to House members.

• Senators have more constitutional responsibilities than House members, including the ratification of treaties and the confirmation of presidential appointments.

• Senators represent an entire state, making them less connected to the intimate details of their constituency compared to House members, though they engage in statewide and national concerns.

Legislative Process

• Both houses of Congress must agree on identical versions of a bill to pass it, a requirement that often leads to negotiations and compromises.

• Coalitions are formed to make the legislative process more efficient and to support different agendas among members of Congress.

• Senate coalitions tend to be longer-lasting due to longer terms, while House coalitions can change more often, which reflects its members' frequent elections and closer ties to their constituencies.

Powers of Congress

• Enumerated Powers: These are powers explicitly listed in Article 1, Section 8 of the Constitution, which include the authority to tax, rise armies, regulate commerce, and more.

• Federal Funding: Congress holds the power to raise revenue through taxation, coin money, and pass a federal budget, thus playing a vital role in economic policy.

• Foreign Policy and Military Legislation: Congress has the power to declare war, raise armies, and pass draft laws, as well as direct funding to the armed forces, making it a key player in national security.

• Implied Powers: These are powers not explicitly listed but necessary to carry out enumerated powers, justified by the Necessary and Proper Clause (Elastic Clause). For example, Alexander Hamilton argued for the establishment of a national bank, stating it was essential for the federal government to effectively manage funds raised through taxation.

Leadership Structure in Congress

House of Representatives

• Speaker of the House: Elected by the House members, always a member of the majority party, the Speaker holds significant power, including recognition of speakers and committee assignments, and plays a critical role in shaping legislative priorities.

• Majority and Minority Leaders: These leaders direct debates and guide their party members on policy-making issues, working to maintain party cohesion and support.

• Whips: Whips are responsible for enforcing party discipline and ensuring that party members align with party goals during votes, which aids in maintaining the party’s legislative agenda.

Senate

• President of the Senate: This position is held by the Vice President of the United States, who serves as a non-voting member unless there is a tie, and can play a decisive role in legislative outcomes.

• President Pro Tempore: The most senior member of the majority party acts as President of the Senate in the Vice President's absence, reflecting the seniority system within the Senate.

• Senate Majority Leader: This leader sets the legislative agenda by determining which bills reach the floor for debate and manages the overall strategy of the majority party.

• Whips: Similar to the House, Senate whips function to ensure party discipline and alignment on votes.

Congressional Committees

• Committees are vital to the legislative process, allowing small groups of representatives to debate and draft precise legislation.

• Four types of committees exist:

  1. Standing Committees: Permanent committees that endure for a long time, such as the Senate Standing Committee on the Budget and the House Judiciary Committee, where new legislation typically begins.

  2. Joint Committees: These include members from both the House and the Senate, such as the Joint Committee on the Library of Congress, which facilitate cooperation between the chambers.

  3. Select Committees: Temporary committees created for specific purposes, like investigating the Watergate scandal, illustrating Congress's oversight function.

  4. Conference Committees: Formed to reconcile differences between House and Senate versions of a bill, ensuring consistency before sending legislation to the President.

• The majority party holds a majority of seats on each committee, and the chair is always from the majority party, influencing the legislative agenda significantly.

House Rules

• Limited Debate: Debate on the House floor is limited to one hour, which accelerates legislative deliberation.

• House Rules Committee: This committee decides which bills advance for debate, effectively controlling the legislative calendar.

• Committee of the Whole: This procedural strategy relaxes some rules to allow for quicker amendment consideration, requiring a quorum of only 100 members.

• Discharge Petition: This mechanism allows the majority to bring a bill stuck in a committee out for floor consideration, bypassing the committee's hold.

Senate Rules

• Unlimited Debate: Senators enjoy unlimited time to debate bills, allowing for extensive discussion and consideration.

• Filibuster: This tactic involves a senator speaking for prolonged periods to stall or kill a bill, emphasizing the need for robust debate.

• Cloture Rule: Requires a two-thirds vote (60 senators) to end a filibuster, reflecting the Senate's commitment to debate.

• Unanimous Consent: This procedure can speed legislation by limiting debate, requiring agreement from all senators present.

• Hold: Individual senators can place a hold on a bill, stalling its consideration and emphasizing the individual power of senators.

How a Bill Becomes a Law

1. Introduction: A bill is introduced by a member of either house.

2. Committee Assignment: The bill is assigned to a committee for review, often resulting in amendments.

3. Riders: Non-relevant additions may be introduced that align with representatives' agendas.

4. Pork Barrel Spending: Funds earmarked for district-specific projects can be included, exemplifying the intersection of local and federal priorities.

5. Markup and Amendment: The bill undergoes markup stages, where it is refined and amended based on committee discussions.

6. Voting: The full chamber votes on the bill.

7. Log Rolling: Representatives may engage in voting exchanges, supporting each other’s initiatives in the legislative process.

8. Presidential Action: If the bill passes, it goes to the president for consideration.

Federal Budget

• The federal government primarily generates income through income taxes, supplemented by other taxes and tariffs.

• Spending is categorized into:

  • Mandatory Spending: Payments required by law, including entitlement programs and interest on the national debt.

  • Discretionary Spending: Remaining funds after mandatory spending, primarily directed towards federal employee salaries, infrastructure, and other governmental departments.

• As mandatory spending rises, discretionary funds must decrease unless Congress raises taxes or increases deficit funding.

• The deficit refers to the gap between the budget and revenue, influencing long-term economic policy.

Factors Affecting Congressional Efficiency

• Ideological Divisions: Political polarization complicates negotiation and compromise, leading to gridlock.

• Divided Government: When the president belongs to one party while Congress is split, it can impede progress and decision-making.

• Unified Government: When one party controls both houses, legislative actions may accelerate.

• Representative Role Conceptions:

  • Trustee Model: Representatives consider their best judgment.

  • Delegate Model: Representatives follow public opinion closely.

  • Politico Model: Combines elements of both, adapting based on circumstances.

• Redistricting and Gerrymandering: These processes can influence electoral outcomes and legislative priorities.

  • Reapportionment allocates seats based on census results.

  • Redistricting involves redrawing district lines to reflect population changes.

  • Census data, collected every 10 years, directly impacts these processes.

  • Cases:

  • Baker v. Carr (1962): Mandated that districts must be drawn for equal voting strength.

  • Shaw v. Reno (1993): Ruled racial gerrymandering unconstitutional.

  • Gerrymandering techniques aim to manipulate district boundaries in favor of particular parties or demographics.