Unit 2 AP Gov

AP U.S. Government & Politics Review Unit 2: Interactions Among Branches of Government (25-36% Exam Weight)

2.1 Congress: The Senate and House of Representatives

Important Documents

  • Article I of the Constitution

    • Established a bicameral legislature.

Main Topics

  • The Senate

    • Upper chamber of Congress.

    • Each state represented by two Senators (100 Senators total).

    • Elected for a six-year term.

    • One-third of Senators run for reelection every two years.

    • Minimum age requirement is 30 years.

    • Less formal debate procedures than the House.

  • The House of Representatives

    • Lower chamber of Congress.

    • Number of Representatives per state based on population (435 Representatives total, determined by the census).

    • Elected for a two-year term.

    • Minimum age requirement is 25 years.

    • Typically more responsive to constituents.

2.2 Structures, Powers, and Functions of Congress

Legislative Process

  • The legislative process is intentionally slow to ensure compromises are made.

  • Bills can only be introduced by a member of Congress.

Roles and Organization of the Senate vs. House

  • Types of Committees

    • Committees allow Congress to perform oversight and review the bureaucracy’s work, also checking the executive branch.

    • Majority party holds chair positions in committees.

    • Most proposed bills die in committee.

    • Committee of the Whole: All Representatives of the House serve to review details of a proposal.

    • House Rules Committee: Manages and schedules the flow of legislation within the House.

    • Dictates the ease or difficulty of passing a bill.

Types of Committees

  • Standing Committees: Permanent committees with members who are experts in their respective topics.

  • Joint Committees: Composed of members from both the House and Senate, most are permanent and have jurisdiction over matters involving both houses.

  • Select Committees: Temporary with limited purpose.

    • Focused on particular issues.

  • Conference Committees: Temporary committees that reconcile differences in bills passed by the House and Senate.

2.3 Congressional Behavior

Important Cases

  • Baker v. Carr (1961)

    • Established the principle of “one-person, one-vote,” ensuring that one person’s vote is equal to another’s in the same state.

    • Established that the Court has the power to review state redistricting issues.

  • Shaw v. Reno (1993)

    • Ruled that redistricting based on race violated the Voting Rights Act of 1965.

Models of Representation

  • Trustee Model: Member of Congress takes into account the views of constituents but acts on their own judgment.

  • Delegate Model: Member of Congress listens to and follows the constituents' preferences.

  • Politico Model: Member of Congress follows the trustee model for issues constituents do not care about, but the delegate model on important issues.

Additional Key Concepts

  • Divided Government: Situation where one party controls the presidency and another controls one or both houses of Congress.

    • Gridlock: Situation where no compromise can be reached on an issue.

    • Gerrymandering: The manipulation of electoral district boundaries to favor a specific party.

    • Redistricting: The process of adjusting electoral districts, often following the census.

2.4 Roles and Powers of the President

Important Documents

  • Article II of the Constitution

    • Established the formal powers of the President and the executive branch.

Main Topics

  • Veto Power

    • Constitutional power allowing the President to reject a bill passed by Congress.

    • Congress can override a veto with a two-thirds vote from both houses.

    • Pocket Veto: Indirect veto; if the President neither signs nor vetoes a bill within 10 days, it does not become law.

  • Signing Statements

    • After signing a bill, the President can issue a statement interpreting the law.

  • Treaties vs. Executive Agreements

    • Treaties: Formal power of the President requiring a two-thirds Senate majority for ratification.

    • Executive Agreement: Informal Presidential power that requires no Senate ratification, pertaining to agreements with other nations.

  • Executive Orders

    • Implied power allowing the President to issue orders that have the force of law.

    • Not subject to Congressional ratification, but can be declared unconstitutional by the Supreme Court.

Formal vs. Informal Powers of the President

  • Formal Powers

    • Commander in Chief of Armed Forces.

    • Nominate officials, ambassadors, and federal judges (with Senate approval).

    • Make treaties and grant pardons.

    • Recommend legislation to Congress.

    • Deliver the State of the Union Address.

    • Veto legislation.

  • Informal Powers

    • Issue executive orders and signing statements.

    • Negotiate executive agreements.

    • Bargain and persuade Congress to align with the Presidential agenda.

2.5 Checks on the Presidency

Main Topics

  • Presidential Nomination

    • The President’s formal power to nominate individuals to various positions requiring Congressional approval.

  • Cabinet & White House Staff

    • Cabinet: Composed of heads of 15 executive departments requiring Congressional approval.

    • White House Staff: A group of people working for the President that does not require Congressional approval.

  • Senate Confirmation

    • The Senate has the authority to confirm Presidential nominations.

2.6 Expansion of Presidential Powers

Important Documents

  • Federalist No. 70

    • Written by Alexander Hamilton; argued for a strong, singular executive for decisiveness, secrecy, and reduced risk to democracy relative to a council.

  • Twenty-Second Amendment

    • Established post-FDR that a President may only serve two full terms.

Examples of Power Expansion

  • War Powers Act (1973)

    • Limits the President’s power to deploy U.S. armed forces without Congressional approval.

  • Civil War Example

    • President Lincoln suspended Habeas Corpus, guaranteeing an individual's right against unlawful detention.

2.7 Presidential Communication

Main Topics

  • State of the Union Address

    • The annual message delivered by the President to Congress, outlining policy proposals and legislative recommendations.

  • Bully Pulpit

    • Concept proposed by Theodore Roosevelt highlighting the President's ability to promote their agenda directly to the public.

  • Social Media Influence

    • Social media has enabled the President to quickly address the public on political issues and events.

2.8 The Judicial Branch

Important Documents

  • Article III of the Constitution

    • Established the judicial branch of government and the Supreme Court; controls the creation of inferior courts.

    • Ensures judges are given lifetime appointments and Congress cannot lower their salaries.

Important Cases

  • Marbury v. Madison (1803)

    • Established the principle of judicial review by declaring a law passed by Congress unconstitutional.

Main Topics

  • Judicial Review

    • The power of the Supreme Court to review and declare laws invalid if deemed unconstitutional.

  • The Judiciary Act of 1789

    • Established three levels of the federal court system:

    • District Courts: The first level, with at least one in each state.

    • Circuit Courts of Appeal: The second level, which reviews laws but does not hold trials.

    • Supreme Court: The highest court, reviewing cases from state Supreme Courts and circuit courts.

2.9 Legitimacy of the Judicial Branch

Main Topics

  • Judicial Appointment

    • The President nominates judges to the Supreme Court and federal courts; this power creates a lasting legacy.

  • Confirmation Process

    • Nominees must receive approval from the Senate through a simple majority.

  • Precedent

    • A legal decision that establishes a rule for similar future cases, influencing judicial outcomes.

  • Stare Decisis

    • Latin term meaning "let the decision stand"; the principle of respecting precedents.

    • Note: Courts do not always abide by this principle; for example, in Plessy v. Ferguson's doctrine of "separate but equal" was overturned in Brown v. Board of Education.

2.10 The Court in Action

Main Topics

  • Court-Curbing

    • Various methods to reduce the power of the Supreme Court and its rulings:

    • The President can appoint ideologically aligned judges.

    • Congress can establish or abolish inferior courts.

    • Congress can limit the Supreme Court’s ability to hear particular types of appeals.

  • Enforcement of Rulings

    • The Supreme Court relies on the President to enforce its rulings, though the President can choose how actively to enforce them.

  • Partisanship

    • While the Supreme Court is independent, its justices may be influenced by their ideological leanings.

2.11 Checks on the Judicial Branch

Main Topics

  • Judicial Activism vs. Judicial Restraint

    • Judicial Activism: Justices who interpret the Constitution broadly to protect individual rights and liberties, often removing laws that infringe upon these rights.

    • Judicial Restraint: Justices who prefer a strict interpretation of the law, often deferring to the other branches on policy matters.

Checks on the Judiciary

  • Presidential Checks: Nominations influence the court's composition.

  • Legislative Checks: Congress can change the court’s jurisdiction, curb its powers, or amend the Constitution regarding the Court.

2.12 The Bureaucracy

Main Topics

  • Bureaucracy

    • A system of administration comprised of non-elected officials responsible for implementing policies from other branches of government.

  • Civil Service

    • A nonpartisan approach to government administration based on merit rather than patronage.

  • Iron Triangle

    • A mutually beneficial relationship between congressional committees, the federal bureaucracy, and interest groups; this relationship maximizes gains over common issues.

  • Issue Networks

    • A constellation of individuals, interest groups, and officials who come together around a specific issue to support or defeat legislation.

Types of Bureaucracies

  • Cabinet: Composed of 15 department heads appointed by the President and confirmed by Congress.

  • Independent Regulatory Agencies: Agencies that operate independently within the executive branch but are governed by commissions.

  • Government Corporations: Government entities that operate as businesses and provide services (e.g., the postal service).

2.13 Discretionary and Rule-Making Authority

Main Topics

  • Discretionary Authority

    • The bureaucratic ability to choose how to implement laws.

  • Rule-Making Authority

    • The power of the bureaucracy to create regulations that have the weight of law, requiring compliance from states and corporations.

Important Agencies to Know

  • Required knowledge about certain agencies as part of understanding bureaucracy.

2.14 Holding the Bureaucracy Accountable

Main Topics

  • Accountability by Branches

    • Congressional Oversight: Establishes agency missions, controls funding, confirms appointments, conducts audits, and holds hearings.

    • Executive Direction: Executes direct control, issues executive orders, and manages budget through the Office of Management and Budget.

    • Judicial Ruling: Jurisprudential oversight of rules made by the bureaucracy.

2.15 Policy and the Branches of Government

Main Topics

  • Review of Branches (summarizing their functions and interactions).

SOURCES

  • "AP US Government Exam Prep 2020 ." Fiveable, Fiveable, 2020, app.fiveable.me/ap-gov.

  • "AP® US Government & Politics (College-Level)." Khan Academy, Khan Academy, 2020, www.khanacademy.org/humanities/ap-us-government-and-politics.