PSC II

Congressional Processes

  • Apportionment:

    • The process of allocating congressional seats among the 50 states.
    • Spelled: A-P-P-O-R-T-I-O-N-M-E-N-T.

  • Gerrymandering:

    • The practice of drawing legislative districts in such a way as to give unfair advantage to a political party or a racial or ethnic group.
    • Spelled: G-E-R-R-Y-M-A-N-D-E-R-I-N-G.

  • Constituencies and Duties:

    • Representatives tend to be more attuned to narrower local interests due to their local constituencies.
    • Senators represent a statewide diverse constituency, making them more insulated; they must balance competing influences.

  • Representation of Women and People of Color in Congress:

    • Representation has increased over the past two decades but is still not comparable to proportions in the general population.

  • US Senate vs. House of Representatives:

    • The Senate is a highly centralized institution where leadership holds significant power, while the House is more decentralized with weaker leaders.

Congressional Leadership

  • Casework:

    • The primary purpose is to provide constituent services.

  • Leader Selection Process:

    • At the start of each Congress, Democrats and Republicans gather to select their leaders.
    • The majority party in the House elects the Speaker of the House via a strict party vote.

  • Terminology for Leadership Gatherings:

    • House Republicans refer to their gatherings as the "conference"; House Democrats call theirs the "caucus" (spelled: C-A-U-C-U-S).
    • The elected leader of the majority party in either chamber is known as the majority leader.
    • The minority party can elect a minority leader and each party selects a whip to coordinate votes.

Committee System in Congress

  • Structure of Committees:

    • Committees provide Congress with a division of labor rather than a hierarchy of power.
    • Types of Committees:
    • Standing Committees: Permanent committees focusing on specific policy areas.
    • Select Committees: Temporary committees formed to investigate particular issues.
    • Joint Committees: Composed of members from both houses.
    • Conference Committees: Resolve differences in House and Senate versions of a bill.

  • Subcommittees:

    • Much of the deliberating, hearing, and markup occurs here, where bills are amended and rewritten.
    • Power within committees is based on seniority; however, this principle is not absolute.

Legislative Process

  • Fragmentation since the 1970s:

    • Reforms have fragmented power in committees, allowing party-driven legislation to bypass committee processes.

  • Functions of Congressional Staff:

    • Each member of Congress has personal staff handling constituent requests and overseeing legislative details.
    • Staff agencies support Congressional work as a whole.

  • Government Accountability Office (GAO) Role:

    • Audits executive branch activities.

  • Importance of Appropriations Committees:

    • These committees decide funding levels for government programs and how money will be spent.
    • Republicans controlled more than half the seats in the 118th Congress, signifying their status as the majority party.

Bill Processing and Voting

  • Committee Deliberation:

    • Necessary before taking action on any bill; many bills die in committee without being marked up.
    • Bills from committee must go through the House Rules Committee before floor debate, receiving either a closed or open rule for amendments.

  • Senate Debate Rules:

    • The Senate has less rigid debate rules; senators can delay action via filibuster.
    • Filibuster: Tactic where a senator holds the floor to prevent legislative action, requiring a vote of 60 senators (cloture) to end.

  • Conference Committees:

    • Reconcile differing House and Senate bills that initially had similar provisions but diverged significantly.

  • Presidential Approval Process:

    • After House and Senate passage, a bill is sent to the president; options include signing or vetoing.
    • A pocket veto occurs if the president does not act on a bill in the last ten days of a legislative session.
    • Congress can override a presidential veto with a two-thirds vote in both houses.

  • Voting Methods:

    • Roll call votes record legislators' votes as their names are called.

Evolution of Legislative Procedures

  • Regular Order and Unorthodox Lawmaking:

    • Regular order is the traditional lengthy process for a bill's passage, while unorthodox lawmaking indicates a shorter, more controlled process.

  • Characteristics of Unorthodox Lawmaking:

    • Often entails closed rules, multiple referrals, and reliance on omnibus bills.
    • Increased partisanship affects how representatives weigh constituents' opinions.

  • Interest Groups' Role:

    • Supply information about policies to Congress members and mobilize constituents, influencing decision-making processes.

  • Party Discipline and Unity Votes:

    • Party discipline remains significant even as it declined in the 20th century; party unity is typically stronger in the House than in the Senate.
    • A party unity vote occurs when a majority of one party votes against a majority of another.

  • Oversight Functions:

    • Congress exercises oversight through hearings, investigations, and evaluations of executive actions.

Executive Branch and Presidential Powers

  • Definition of Executive Agreement:

    • An agreement between the president and another country that does not require Senate approval unlike treaties.

  • President's Power Origins:

    • The power to remove executive branch officials is implied through the appointment power granted by the Constitution.

  • Administrative Structure of the Presidency:

    • The cabinet consists of heads of major departments; it does not act collectively, but rather in individual capacities standing apart.
    • The White House staff has significantly grown, providing analysis and advice to the president.
    • The Executive Office of the President (EOP) is larger than the White House staff and includes important agencies like the Office of Management and Budget (OMB) and the Council of Economic Advisors.

  • National Security Council (NSC):

    • Composed of cabinet officials providing national security advice; assimilates and analyzes data from agencies like the CIA and NSA.

  • Increasing Presidential Power:

    • President's power has expanded through direct methods (such as executive orders) and reduced dependency on Congress.

  • Check on Presidential Power:

    • Congress can block presidential initiatives and appointments.

Judicial System Overview

  • Court Structure and Jurisdiction:

    • Courts have authority to settle disputes between citizens and between citizens and government.
    • Two main types of law: criminal and civil.
    • Federal cases mostly heard by district courts and appellate courts can review decisions.

  • Judicial Review:

    • Established power of courts to invalidate unconstitutional acts by Congress or the executive; first asserted in Marbury v. Madison (1803).

  • Types of Judicial Authority:

    • Jurisdiction refers to authority of a court; this can be original (first hearing) or appellate (hearing appeals).

Court Processes and Principles

  • Writ of Certiorari:

    • A court process to seek judicial review; only granted in compelling cases.
    • Requires four Supreme Court justices to agree to hear a case (known as the rule of four).

  • Significance of Briefs:

    • Written documents where attorneys argue for their clients based on precedents.

  • Majority, Concurring, and Dissenting Opinions:

    • Opinions of justices form legal precedent; dissenting opinions can influence future cases.

  • Common Law and Precedents:

    • Laws based on previous court decisions apply as precedents in current cases.

Types of Representation and Legislative Terms

  • Definitions:

    • Constituency: The residents in the area from which an official is elected.
    • Bicameral Legislature: A legislative assembly composed of two chambers.
    • Delegate Role: A representative who votes according to constituents' preferences.
    • Trustee Role: A representative who votes based on personal beliefs regarding what is best for constituents.
    • Descriptive Representation: Representatives having similar demographics to their constituents.
    • Substantive Representation: Representatives held accountable for effective representation, regardless of personal background.

  • Incumbency:

    • Holding the political office for which one is running.

  • Pork Barrel Spending:

    • Government spending for localized projects secure votes in an election.

  • Apportionment vs. Redistricting:

    • Apportionment: Takes place after each census to allocate congressional seats.
    • Redistricting: The process of redrawing district lines after census results to reflect population changes.

  • Legislative Process Terms:

    • Bill: Proposed law submitted to Congress.
    • Markup: Committee session to amend and revise a bill.
    • Filibuster and Cloture: Actions to delay or end debate in the Senate.

Legislative and Executive Checks

  • Impeachment:

    • A formal charge by the House of Representatives against a government official.
    • The House's role in impeachment is similar to that of a grand jury.

  • Executive Privilege:

    • The president's ability to withhold information from Congress and courts under certain circumstances.

  • Judicial Appointments and Confirmations:

    • Federal judges nominated by the president and confirmed by the Senate; their position is largely influenced by the party in power.

  • Judicial Review and Constraints:

    • The Supreme Court can check the legislative and executive branches' actions through judicial review, applying constitutional interpretation.