AP Gov notes: 2.1-2.7

2.1

2.2

Structure of Congress

  • Overview: Congress is composed of two houses: the Senate and the House of Representatives, which meet in Washington D.C. to craft legislation shaping national policy.

  • Design: The framers of the Constitution designed Congress to be the most democratic institution and the chief policymaking branch, reflecting the views of both citizens and elites. This was a crucial concern for Americans at the time.

  • Bicameral Structure:

    • Great Compromise: Established a bicameral legislature with the House of Representatives and the Senate.

    • Census Every Ten Years: Ensures states receive a proportional number of House representatives based on population.

    • Senate Representation: Each state is allocated 2 senators for equal representation.

Differences between the Senate and House of Representatives

  • Term Lengths:

    • Senators serve longer terms of six years, affording them the ability to temper popular ideas and decisions made by the House. Reelection rate for Senators is approximately 90%.

    • House members serve shorter terms, leading to potentially more immediate constituent-focused actions.

  • Responsibilities:

    • Senators hold greater constitutional responsibilities as they represent entire states with diverse constituencies.

    • House representatives operate within smaller congressional districts, fostering closer relationships with constituents.

  • Election Changes:

    • Originally, Senators were chosen by state legislatures (an elite democracy approach) but this changed with the 17th Amendment, allowing for direct election by the populace.

  • Legislation Approval:

    • Both chambers must approve legislation, implementing a check to prevent rash laws from passing without sufficient consideration.

Powers of Congress

  • Enumerated Powers (Expressed Powers):

    • Power of the Purse: Refers to Congress's authority to raise revenue and tax. Congress controls the treasury, drawing from it only with their approval.

    • Regulating Commerce: Congress can influence policy areas by linking issues to interstate and intrastate commerce.

    • Foreign and Military Affairs: Congress oversees military funding, can raise armies, and declares war, ensuring that no unilateral decisions are made by the executive branch.

    • The framers wanted Congress, being the more democratic branch, to decide on going to war instead of placing that power solely with an executive potentially prone to tyranny.

Commander in Chief Powers and Limits

  • The President acts as Commander in Chief, a role which expanded after the Gulf of Tonkin Resolution.

  • War Powers Act:

    • Limits presidential military power by requiring the President to notify Congress within 48 hours of committed forces, subsequently needing Congress's approval within 60 days.

Implied Powers

  • Necessary and Proper Clause:

    • Allows Congress to make laws necessary to carry out the enumerated powers, known as the elastic clause. This has enabled laws concerning modern issues such as education and marriage.

Distinct Powers of Each House

  • House of Representatives Powers:

    • Selects the President if no candidate secures a majority in the Electoral College.

    • Has the power to impeach federal officials.

  • Senate Powers:

    • Represents state interests, possessing the Advice and Consent Power concerning presidential appointments and treaties.

    • Must approve treaties by a two-thirds vote.

    • Has the authority to try officials impeached by the House.

Congressional Leadership

  • Official Congressional Leaders in the Constitution:

    • Speaker of the House

    • President of the Senate

    • President Pro Tempore of the Senate

  • Speaker of the House:

    • Responsible for recognizing members for speeches, organizing committees, and influencing the legislative agenda.

  • Majority/Minority Leaders:

    • Direct debate and guide discussions among party members, often serve as spokespersons in media, and are the first recognized during debates.

Senate Leadership

  • President of the Senate (VP): Rarely present, can break tie votes.

  • President Pro Tempore: Acts in absence of VP, signs legislation, and administers oaths.

  • Senate Majority Leader:

    • Sets the legislative agenda, recognized first during debates, and guides caucus discussions.

  • Whips:

    • Maintain party discipline and tally member voting intentions.

Committee Structure in Congress

  • Types of Committees:

    • Standing Committees: Permanent in nature, focusing on specific policy areas, such as the Judiciary Committee and Ways and Means Committee.

    • Joint Committees: Comprising members from both houses for long-term issues.

    • Select Committees: Temporary committees for specific issues/investigations.

    • Conference Committees: Temporary committees resolving differences between House and Senate versions of a bill.

Rules Unique to the House and Committees

  • Rules:

    • House members speak for one hour, offering only germane amendments. The Speaker controls debate.

    • The Rules Committee determines the guidelines for debate and voting.

    • Committee of the Whole: A relaxed session allowing members to vote collectively rather than individually.

    • Discharge Petition: Introduces transparency by allowing a bill to be brought out of committee with a simple majority.

Senate Rules and Procedures

  • Filibuster:

    • A tactic to delay a vote by prolonging debate. Any senator may invoke a filibuster.

  • Cloture Rule: Requires a two-thirds majority to end debate and vote, potentially halting a filibuster.

  • Members with extended speaking privileges include the Speaker, majority leader, and minority leader.

Legislative Process

  • Bill Introduction: Only House and Senate members can introduce a bill, which is numbered upon introduction.

  • Nongermane Amendments or Riders: Additional provisions that may sway legislation benefits.

  • Voting on Bills: Includes mechanisms like logrolling, pocket vetoes, and overriding vetoes (requiring two-thirds majority in both chambers).

Budget Generation

  • Starting Point: Begins with the President's proposal through the Office of Management and Budget (OMB).

  • Congressional Budget Office (CBO): Provides non-partisan analysis to check the OMB's budget proposals.

  • Sources of Revenue: Include individual income taxes, corporate taxes, social insurance taxes, tariffs, and excise taxes.

  • Mandatory vs. Discretionary Spending:

    • Mandatory Spending: Legally required payments (e.g., Social Security).

    • Discretionary Spending: Determined through annual congressional decisions.

Fiscal and Economic Policies

  • Delegates vs. Trustees:

    • Delegate Model: Representatives act solely based on constituent wishes.

    • Trustee Model: Representatives exercise their best judgment, even if contrary to popular opinion.

  • Budget Types:

    • Deficit Budget: When spending exceeds revenue.

    • Surplus Budget: When revenue is greater than spending.

    • Balanced Budget: No surplus or deficit.

Influence of Partisanship on Congress

  • Growing Challenges: Partisanship contributes to legislative gridlock that hampers productivity, alongside redistricting and increasing polarization between parties.

  • Redistricting: The process can exacerbate partisanship, particularly through gerrymandering, which may violate voting rights.

Conclusion

  • The intricate structures, powers, and rules governing Congress reflect the framers' intentions to create a deliberative body that balances popular representation with a check against impulsive governance, whilst contemporary challenges, especially those arising from partisanship, continue to shape its functionality.