AP US Government: Congress Structure and Powers

Foundational Principles of Republicanism and Congressional Structure The United States government, as taught at Chapel Hill High School in the Fall of 20252025, is built upon the democratic principle of republicanism. As noted in the AP Gov with Elkins curriculum, republicanism dictates that the will of the people is reflected in government debates and decisions through their chosen representatives. This principle is physically manifested in the bicameral structure of Congress, established under Article 11 of the Constitution. This structure divides the legislative branch into two distinct chambers: the Senate and the House of Representatives. The Senate is designed to represent the states equally, ensuring that every state has two Senators regardless of its population size. In contrast, the House of Representatives is designed to represent the people directly, with seats apportioned based on population to ensure that the legislative process reflects the demographic weight of the citizenry. # The House of Representatives: Membership and Constitutional Authority According to Article 11, Section 22 of the Constitution, the House of Representatives is composed of members chosen every second year by the people of the several states. The qualifications for those who elect these representatives must match the qualifications necessary for electors of the most numerous branch of their respective state legislatures. The current political landscape of the House of Representatives, especially looking toward the 20262026 House election, reflects a narrow divide. Currently, the House consists of 212212 Democrats and 219219 Republicans. To achieve a majority in the House, a party or coalition must secure at least 270270 electoral votes in a presidential context, though in the House itself, the raw number of seats determines control. The large membership of the House, which totals 435435 members, significantly influences the formality of its proceedings. Due to the sheer number of representatives, debate in the House is highly formal and governed by strict procedures to manage time and order. Interaction within the House is also heavily influenced by the two-party system and the fact that all House members are elected every two years, making them highly sensitive to the immediate will of their constituents. # The United States Senate: Prestige and Procedural Flexibility The Senate consists of 100100 members, with two representatives from each state. Unlike the House, interaction in the Senate is characterized by its smaller membership and perceived higher prestige. This smaller size allows for a more informal and open-ended debate environment where individual Senators wield greater influence over the legislative process. One of the most defining characteristics of the Senate is its status as a "continuous body." Rather than electing the entire chamber at once, only one-third (1/31/3) of the Senate is elected every two years during each election cycle. This ensures that the body maintains legislative continuity and prevents sudden, massive shifts in policy and personnel. Senators serve longer terms, which theoretically allows them to act with more independence from immediate public pressure compared to their counterparts in the House. # Enumerated and Implied Powers of the Legislative Branch Congress derives its authority from both enumerated and implied powers found within the Constitution, allowing it to be a central participant in the public policy process. These powers include: i. Passing a federal budget, which involves raising revenue through laying and collecting taxes, borrowing money on the credit of the United States, and coining money. ii. Declaring war and providing the necessary funding to maintain the armed forces. iii. Determining the process for naturalization, which is the legal path by which foreign-born individuals become U.S. citizens. iv. Regulating interstate commerce to manage trade and economic activity between states. v. Creating federal courts and determining their specific jurisdictions. vi. Enacting legislation under the authority of the Necessary and Proper Clause, which provides the flexibility to address issues not explicitly named in the Constitution. vii. Conducting oversight of the executive branch, which includes monitoring and investigating federal agencies within the sprawling bureaucracy. # Redistricting and the California Citizens Redistricting Commission The process of redistricting, which is the redrawing of congressional district boundaries, is a critical and often contentious element of American politics. Justin Levitt’s "All About Redistricting" resource highlights the complexity of this process. A specific case study involves California’s move from a system controlled by politicians to one managed by a citizen panel. Following the 20202020 census, California's districts were set to change from 5353 districts to 5252. The California Citizens Redistricting Commission, a 1414-member body, was tasked with drawing these lines in a transparent, live, and open manner. Commissioner Sara Sadhwani noted that while the process is "messy," its beauty lies in its transparency. However, the commission faced criticism from figures like Steven Maviglio, a Sacramento-based Democratic consultant. Maviglio argued that by using a citizen panel, Democrats in California gave up the chance to play "hardball politics" and exercise the "endless creativity" that partisan politicians in Republican-held states use to draw maps to their advantage. He famously remarked that "California is a chump for taking this on so early," suggesting that unilateral disarmament in the face of partisan gerrymandering in other states was a tactical error. Looking at the data, the commission’s proposal for the 5252 districts included 3636 solid Democratic seats (with a Joe Biden +1515 margin), 88 close seats (+55), 33 seats leaning Republican (+55), and 33 solid Republican seats (Donald Trump +1515). # Chamber-Specific Rules and the Legislative Process The different designs of the House and Senate lead to vastly different rules for the legislative process. In the House, the Speaker of the House is elected by a majority of members and presides over all legislative work. A unique constitutional requirement is that all revenue bills must originate in the House. Debate in the House is strictly managed by the Rules Committee, which sets the guidelines for how a bill will be considered. To speed up the process, the House may form a "Committee of the Whole." While an individual representative can file a "discharge petition" to force a bill out of committee and onto the floor for debate, this move is rarely successful or utilized. In the Senate, the process is usually governed by "unanimous consent." However, a single Senator can disrupt this by requesting a "hold" to prevent a bill from reaching the floor. The Senate is also known for the filibuster, a tactic used to delay or prevent a vote by prolonging debate. To end a filibuster, the Senate must move for "cloture," a procedural step requiring a supermajority vote to end debate. If the two chambers pass different versions of the same bill, a "conference committee"—composed of members from both houses—is formed to reconcile the differences in wording before the bill can proceed to the President. # The Federal Budget: Mandatory vs. Discretionary Spending Congress is responsible for generating a national budget that balances two types of spending. i. Mandatory spending is required by law for entitlement programs. Key examples include Social Security, Medicare, and Medicaid. These programs must be funded unless the law is specifically changed. ii. Discretionary spending refers to the portion of the budget that is approved on an annual basis. This includes funding for national defense, education, and infrastructure. A significant economic challenge is that as the costs of entitlement programs (mandatory spending) grow, the funds available for discretionary spending will naturally decrease unless the government increases tax revenue or allows the budget deficit to grow. This authority is rooted in the "power of the purse," found in Article I, Section 99, Clause 77 of the Constitution. # Questions & Discussion: Current Events and Judicial Context The transcript notes recent events in Minnesota involving a shooting, which prompted classroom discussion regarding gun control, the shooter's mental health, and potential government responses. These real-world events serve as a backdrop to the study of congressional power and the application of law. Furthermore, the curriculum connects these legislative structures to landmark Supreme Court cases that have shaped the interaction between branches of government and the rights of citizens, specifically: 1. Brown v. Board of Education: A foundational case concerning civil rights and desegregation. 2. Baker v. Carr: A pivotal case regarding the "one person, one vote" principle and the federal courts' jurisdiction over redistricting and legislative apportionment.