Congress and the Executive Branch.

The Main Work of Congress

• Unit two is comprehensive with 12 main ideas.

• The main function of congress is lawmaking.

Source of Congressional Power

• Enumerated Powers: Outlined in Article 1, Section 8 of the Constitution.

  • Includes control over federal money, known as the power of the purse.

    • Power to raise revenue.

    • Pass the federal budget.

  • Responsibilities for foreign policy and military legislation.

    • Most significant power is the ability to declare war.

  • Determining the process of naturalization.

  • Regulating interstate commerce.

• Implied Powers: Derived from the Necessary and Proper Clause.

  • Congress can legislate on economic, environmental, and social issues not explicitly in Article 1, Section 8.

Structure of Congress

• Bicameral: As defined in Article 1, comprising two houses.

  • House of Representatives:

    • Representatives are based on the population of each state.

    • 435 voting representatives.

    • Representatives represent districts within states.

  • Senate:

    • Two representatives per state.

    • Represents the entire state.

    • 100 senators (50 states x 2).

• Both houses must pass identical bills before they can be presented to the president.

Leadership Structures in Congress and the Committee System

• Leadership and committees are the primary means through which congress legislates.

Leadership in the House

• Speaker of the House:

  • Highest-ranking member, always from the majority party.

  • Elected by vote.

• Majority and Minority Leaders:

  • Direct debate and guide party members on policy issues.

• Whip:

  • Enforces party discipline, ensuring members align with party goals.

Leadership in the Senate

• President of the Senate:

  • Also the Vice President of the United States.

  • Not as powerful as the Speaker of the House.

  • Nonvoting member, except in cases of a tie.

• President Pro Tempore:

  • Presides over the senate when the Vice President is absent.

• Senate Majority Leader:

  • More powerful, sets the legislative agenda by determining which bills are debated.

• Whips:

  • Same function as in the house, ensuring party discipline.

The Committee System

• Essential for congress to function.

• Standing Committee:

  • Permanent committees that are always in place.

  • Senate example: Standing Committee on Budget.

  • House example: House Judiciary Committee (handles impeachments ).

• Joint Committees:

  • Include members from both the House and the Senate.

  • Example: Joint Committee on the Library of Congress.

• Select Committees:

  • Temporary and created for a specific purpose.

  • Example: Committee to investigate the Watergate scandal.

  • Disband after completing their task.

• Conference Committee:

  • Resolves differences between House and Senate versions of a bill.

  • Aims to create an identical bill for both houses to pass.

Basic Process of a Bill Becoming a Law

• A member from either the House or Senate introduces (sponsors) a bill.

• The bill is considered in committees and often undergoes changes through amendments, both germane and non-germane, to garner support.

• Pork barrel spending might be added, allocating funds for special projects.

• The bill is assigned to a committee, which involves three stages:

  • Hearings for discussion and debate.

  • Markup, where changes are made.

  • Reporting out, presenting the revised bill.

• The final stage includes voting on the bill. If passed, it goes to the president's desk.

• Log Rolling:

  • Congressional members exchange votes on different bills.

  • Agreement to support each other's bills.

Creating a Budget

• Congress creates a budget every year.

• The budgetary process can be contentious and lead to government shutdowns if no agreement is reached.

• Government income mainly comes from income taxes, other taxes, and tariffs.

• Congress allocates funds for two main purposes:

  • Mandatory Spending: Payments required by law (e.g., Social Security).

  • Discretionary Spending: Remaining funds after mandatory spending is allocated.

Factors Affecting Congressional Efficiency

• Ideological divisions, different conceptions of representation, redistricting, and gerrymandering impact congress's efficiency.

Ideological Divisions

• Political polarization has increased, with Republicans becoming more conservative and Democrats more liberal.

• Increased polarization makes negotiation and compromise difficult.

Conceptions of Representation

• Three models of how representatives view their role:

  • Trustee Model:

    • Representatives vote based on their best judgment.

  • Delegate Model:

    • Representatives vote according to the will of the people.

    • Common in the house due to frequent reelections.

  • Politico Model:

    • A blend of the trustee and delegate models.

    • Representatives consider the situation and vote accordingly.

Redistricting and Gerrymandering

• Redistricting:

  • Re drawing congressional districts every ten years based on census data.

  • Can be a contentious issue, affecting the distribution of political power being divided up in a portion.

• Baker v. Carr (1962):

  • Addressed unequal district populations in Tennessee.

  • Ruled that it violated the Equal Protection Clause of the Fourteenth Amendment.

  • Established the one person, one vote principle, ensuring equal voting power with redistricting.

• Gerrymandering:

  • Drawing districts to benefit one party or group over another.

• Shaw v. Reno (1993):

  • Addressed districts drawn based on race.

  • Ruled that drawing districts solely based on race was unconstitutional under the Fourteenth Amendment's Equal Protection Clause.

Presidential Power

• The president lacks constitutional lawmaking power but uses formal and informal powers to advance his policy agenda.

Formal Powers

• Defined in Article 2 of the Constitution.

  • Veto:

    • The president can prevent a bill from becoming law.

    • Congress can override with a two-thirds vote.

  • Commander in Chief:

    • The president leads the military.

    • Congress has the power to declare war.

Informal Powers

• Bargaining and Persuasion:

  • The president uses speeches to influence public opinion.

• Executive Orders:

  • Directives from the president that carry the force of federal law.

  • Primarily directs the actions of the federal bureaucracy within the executive branch.

Checks on Presidential Power

• Conflicts often arise between the president and other branches, which use checks on presidential power.

Presidential Appointments

• Cabinet Members:

  • Heads of agencies appointed by the president, subject to Senate approval.

  • Senate has power of advice and consent.

• Federal Court Nominations:

  • Judges have lifetime appointments.

  • Senate closely scrutinizes nominees.

Growth of Presidential Power

• Presidential power has grown significantly over time.

  • Washington considered himself a servant of congress.

  • Andrew Jackson expanded executive power and believed he was the people's representative.

    • Used the veto 12 times.

    • Carried out the Indian Removal Act.

  • Abraham Lincoln assumed more powers to save the union.

    • Suspended habeas corpus.

  • Franklin Delano Roosevelt (FDR):

    • Expanded executive power with New Deal programs.

    • Had 635 vetoes.

Presidential Communication

• Presidents use communication technologies to appeal directly to the people.

• President has a unique way of being able to speak to them.

• Speeches in newspapers, FDR's fireside chats on the radio, JFK on television, and social media.

• Social media allows presidents to speak directly to the people with no intermediary.

Judicial Review

• The Supreme Court checks other branches through judicial review.

• Federalist 78:

  • Hamilton argued for the independence and power of judicial review.

• Marbury v. Madison:

  • Established the court's power of judicial review.

Structure of the Federal Court System

• Three levels:

  • U.S. District Courts

  • U.S. Circuit Court of Appeals

  • U.S. Supreme Court

• Judges are appointed by the president, confirmed by the senate, and hold lifetime appointments.

Legitimacy of the Court

• Judicial review and life tenure lead to questions about the court's legitimacy.

Precedents

• Courts rely on precedents due to stare decisis (let the decision stand).

  • Precedents are hard to overturn.

• Ideological changes influence court decisions.

• Controversial decisions can lead to societal questioning of the court's legitimacy.

  • Examples: Roe v. Wade, Dobbs v. Jackson.

• Justices adopt one of two postures:

  • Judicial Activism:

    • The Court acts to establish policy.

  • Judicial Restraint:

    • Judges adhere to the written word of the Constitution.

The Federal Bureaucracy

• The federal bureaucracy carries out the responsibilities of the federal government under the authority of the executive branch.

  • Bureaucracy structure:

    • Cabinet Secretaries

    • Agencies

    • Commissions

    • Government Corporations

• The bureaucracy writes and enforces regulations and issues fines for violations.

• Agencies work with congressional committees and interest groups in an iron triangle to create policy.

Delegated Discretionary Authority

• Delegated discretionary authority is given to the bureaucracy by congress, granting discretion on how to make rules and implement laws.

• Agencies explicitly mentioned in the curriculum:

  • Department of Homeland Security

  • Department of Transportation

  • Department of Veterans Affairs

  • Department of Education

  • Environmental Protection Agency

  • Federal Elections Commission

  • Securities and Exchange Commission

Checks on the Bureaucracy

• The bureaucracy can be checked by other branches of government.

  • Congressional oversight through committees.

  • Congress controls the power of the purse.

  • The president can fire people.

  • Judicial checking through court challenges.