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collect taxes, duties, and excises Congressional Powers Expressed/Enumerated/Delegated in Article I, Section 8 To regulate foreign and interstate commerce To create naturalization laws; to create bankruptcy laws To coin money and regulate its value; to regulate weights and measures To punish counterfeiters of federal money and securities To establish post offices To grant patents and copyrights To create courts inferior to the Supreme Court To define and punish crimes at sea and violation of international law To exercise exclusive jurisdiction over the District of Columbia and other federal properties To make all laws necessary and proper to the execution of any of the other expressed powers Presidents can issue proclamations, executive orders, and agreements that carry the force of law 11 2 Clause 12 13 14 15 16 Senate 100 voting members 6 year terms (staggered) Offers "advice and consent" on many major presidential appointments Tries impeached officials Approves treaties AP Gov Unit 2 Study Guide War Powers Provision To declare war; to make laws regarding captures on land and water To raise and support armies Bureaucrats in agencies issue quasi-legislative rules and are charged with enforcing laws, rules, and regulations (ex: the IRS or FDA) To provide and maintain a navy To make laws governing land and naval forced To provide for summoning the militia to execute federal laws, suppress uprisings, and repel invasions To provide for organizing, arming, and disciplining the militia and governing it when in the service of the Union The Supreme Court and lower federal courts render opinions that generate principles that have the force of law Demographic research indicates that Congress is better educated, wealthier, more male, and whiter than the general population (average age = 58 for House, 64 for Senate). Natalie Ho Examples of Implied Powers of Congress Refresher! These are powers not explicitly stated in the Constitution, but are allowed under the necessary and proper/elastic clause (Article I, Section 8, Clause 18). Power or Authority Claimed The government could create a U.S. bank The government could call for conscription (draft) The government could create the Internal Revenue Service (IRS) The government could create a national minimum wage Position Speaker of the House House Majority/Minority Leader Court Case/Practice McCulloch v. Maryland (1819) House Majority/Minority Whip Civil War (1963), World War II (1940), The Korean War (1950), Vietnam War (1969, draft lottery) IRS has been a functioning bureau of the federal government since 1862 The national minimum wage was created using the commerce clause What Congress Did Claimed authority to create a national bank based on its enumerated power to levy taxes HOUSE Organization/Roles in Congress AP Gov Unit 2 Study Guide Claiming authority to declare war and raise "Armies" Congress enacted drafts when they deemed it necessary (not enough enlisted, wanting to be prepared before an "imminent" war) Claiming the authority to collect taxes the IRS was created to manage the process Creation of a national minimum wage was necessary to standardized wages (commerce) across the states 3 Roles/Responsibilities The presiding officer/spokesperson of the House The leader of the majority party of the House - Second in the line of succession to the presidency, after the VP Recognizes members to speak on the floor Rules whether a motion is germane (relevant to the subject) Assigns bills to committees Appoints House members to select and joint committees Appoints the majority members of the Rules Committee Signs all bills and resolutions that pass in the House Traditionally does not serve on committees and rarely votes in legislation or participates in floor debate Represents their party on the House floor - Schedules legislation for floor consideration Plans legislative agendas Consults with party members about issues Works towards party goals Responsible for enactment of their party's programs Assists their party's leadership on the floor Responsible for counting votes and taking attendance Informs and persuades members to support their party's positions or organizes resistance on votes (Whips the party into shape!) Natalie Ho Position President of the Senate SENATE Organization/Roles in Congress President Pro Tempore Substitute Today! Senate Majority/Minority Leader A --> B Senate Majority/Minority Whip Senate Upper House President of Senate VP of USA President Pro Tempore Senior Member Senate Majority Leader Senate Majority Whip 100 Senators Apportioned Two per State The Vice President Constitutional duty is to oversee the processes of the Senate Can break ties in votes (only votes if there is a tie) Formally presides over the receiving and counting electoral ballots cast in presidential elections Doesn't really do much in the Senate on a regular basis Roles/Responsibilities Most senior member of the majority party Presides over the Senate in the absence of the VP Makes appointments to various national commissions and advisory boards Receives reports from certain government agencies - The floor leader and spokesperson for their party Schedules the calendar Works to promote their party's agenda Senate Minority Leader Assistant leaders Primarily takes attendance and gathers members of their party for votes and quorum calls Assures that members of the party vote for the party's position The Hierarchy Senate Minority Whip AP Gov Unit 2 Study Guide 4 House of Representatives Lower House Speaker of House Elected by House House Majority Leader House Majority Whip House Minority Leader House Minority Whip 435 Representatives Apportioned by State Population Natalie Ho Legislate Means to pass policy interests into law through a bicameral legislature with presidential signature. Using committee structures to hold hearing, markups, and reports Speaking and voting on floor of Congress Authorizing new public and private policy Appropriating revenue for all discretionary funding on a yearly basis Congress 3 Major Function of Congress Constituent Services Includes representing our concerns via voting, speeches, oversight, and intercession with federal agencies. Aiding students Meetings with members and their staff Casework Assistance in negotiating federal agencies Memorials and commemorations Grants work Congress vs. Parliament Becomes a member by running in primary elections Political parties have very little control over the choice of who is nominated to run for office Concerned with representation and action Haw power: can initiate, modify, approve, and reject laws Substantial salary, entitled to a large office allowance (to pay for as many as 22 staffers), allowances for travel, computer services, etc. AP Gov Unit 2 Study Guide Oversight Means the review, monitoring, and supervision of all federal agencies, programs, and implementation of passed laws 5 Parliament Hearings Inquiries (letters, meetings) Investigations Reviews Financing Legislative Veto (vetoes executive) Rulemaking review via Congressional Review Act Becomes a member by persuading a political party to put name on ballot People don't vote for 2 or 3 candidates, they vote for political party Members discuss major national issues Principal work is debate Little independent power = little in return Poorly paid, no offices of their own and virtually no staff, allowed only small sums to buy stationery Representational Strategies... Trustee Model: Role played by an elected representative who listens to constituents' opinions and then uses his/her best judgment to make a final decision. (They feel the people TRUST their judgment) Delegate Model: Role played by a representative who votes the way his or her constituents would want, regardless of personal opinions. Must be ready and willing to vote against their conscience or personal policy preferences if they know how constituents feel about a particular issue. Politico Model: An elected representative who acts as a trustee or as a delegate...depending on the issue (most reps) Natalie Ho How Members Make Decisions... Political Parties Unified Government: when the same party controls the legislative and executive branches SO... Divided Government: when different parties control the legislative and executive branches Constituents: the residents of a congressional district or state Colleagues and caucuses: a meeting of supporters or members of a specific political party or movement Logrolling: vote trading; voting to support a colleague's bill in return from the promise of future support Interest groups, Lobbyists and Political Action Committees (PACS) Staff and Support Agencies Pork-barrel legislation: legislation that allows representatives to provide benefits to their districts in the form of public works programs, military bases or other programs Name recognition Credit claiming Earmarks: "hidden"provisions inserted into a discretionary spending appropriations bill that directs funds to a specific recipient while circumventing the merit-based or competitive funds allocation process The Incumbency Advantage... The relative infrequency with which members of Congress are defeated in their attempts for reelection. Incumbent: the current holder of the elected office. AP Gov Unit 2 Study Guide Standing Casework Franking privilege: the ability of members of Congress to mail letters to their constituents free of charge Access to media Ease in fundraising Experience in running a campaign Redistricting Types of Committees Committee system was established by the Legislative Reorganization Act (1946). Each committee adopts its own organizational, structural, and procedural rules. Joint I'LL HELP YOU WITH YOUR LOG IF YOU'LL HELP ME WITH MINE! Imm Select/Special Conference Permanent, specialized committees that hold more importance and authority than other committees. Ex: The House Ways and Means Committee, Senate Judiciary Committee Made up of members of both the House and the Senate, but has limited authority. Normally used for communicating to the public or for investigations, but generally do not send bills to the floor for votes. Ex: Joint Economic Committee, Joint Committee on Printing, Joint Committee on Taxation, Joint Committee on the Library I'LL VOTE FOR YOUR BILL IF YOU'LL VOTE FOR MINE/ 1 Temporary committees organized in each house for some special purpose. Usually carry out investigations for the purpose of writing special legislation and mostly collect information, provide policy options, and draw attention to a given issue. Can be very partisan. Ex: The House Watergate Committee, the Senate Select Committee on Unfair Campaign Practices Subcommittees: formed to tackle very specific tasks within the jurisdiction of full committees House Ex: Livestock, Poultry, and Dairy Subcommittee (Agriculture Committee) Senate Ex: National Parks Subcommittee (Energy and Natural Resources Committee) Temporary committees created to negotiate differences between the House and Senate versions of a piece of legislation that has passed through both chambers. 6 Natalie Ho HOW a BILL BECOMES Law (Usually)... A loooong process! (This is the simplified version!) Almost 10,000 bills are proposed each year, but less than 10% actually become laws. 1. 2. SENATE A BILL IS INTRODUCED BY A MEMBER OF THE SENATE AND ASSIGNED TO A COMMITTEE FOR REVIEW. THE COMMITTEE MEETS TO DISCUSS, AMEND, AND VOTE ON THE BILL IF APPROVED, BILL PROCEEDS TO THE FULL SENATE FOR FURTHER DISCUSSION, AMENDMENTS, AND VOTING. LAW PRESIDENT SIGNS THE BILL AND IT BECOMES A LAW. IT STARTS WITH AN IDEA... BILLS MUST PASS THROUGH BOTH CHAMBERS BEFORE BEING SENT TO THE PRESIDENT. A CONFERENCE COMMITTEE, MADE OF MEMBERS OF BOTH CHAMBERS, MEETS TO RESOLVE ANY DIFFERENCES BETWEEN THE HOUSE AND SENATE VERSIONS OF THE BILL. 6. Full committee considers the bill BOTH CHAMBERS VOTE ON FINAL BILL wwwww Idea for a bill Bill is drafted (can be by members of Congress, the Executive Branch, even ordinary citizens) The Steps (the GENERAL pathway, SIMPLIFIED!): 3. Bill is introduced by a member of the House or Senate and assigned to a committee 4. May be referred to a subcommittee 5. Members discuss, amend, debate the bill... THE UNI 7 AP Gov Unit 2 Study Guide HOUSE OF REPRESENTATIVES 7. Sent to full house A BILL IS INTRODUCED BY A MEMBER OF THE HOUSE AND ASSIGNED TO A COMMITTEE FOR REVIEW. THE COMMITTEE MEETS TO DISCUSS, AMEND, AND VOTE ON THE BILL IF APPROVED, BILL PROCEEDS TO THE FULL HOUSE FOR FURTHER DISCUSSION, AMENDMENTS, AND VOTING. VETO PRESIDENT VETOES THE BILL AND SENDS IT BACK TO CONGRESS. THE VETO CAN BE OVERRIDDEN BY CONGRESS WITH A 2/3 VOTE. 8. Must pass through the other house in the same process 9. If passed in both houses, any differences must be resolved in a conference committee 10. Both houses must vote on final bill 11. President must sign the bill 12. (If president vetoes bill, it can be overridden by Congress with a ¾ vote) Natalie Ho LIVE Simple Resolution Concurrent Resolution SOCIETY Joint Resolution SOCIAL LIVES SOCIAL PROGRESS-EVTION Bill HILTON RESPECT & TRUST NATURE THE FUTURE EGALITARIAN IDEALIS EQUALITY × TITIT INTERFERE WITH OTHERS SUPPORT 4 gay rights COMMUNITY BASED OF ETHICS FAMILY WORKING VOTES FOR: TRADE fair track OPENNESS TEMPATHY >COMMUNISM LABOUR DEMOCRATS PARTIES EQUALITY a level playing field HELPING THOSE WHO CANNOT HELP THEMSELVES POSITIVE ROLE MODELS CHAMPIONS OF DOWNTRODDEN GOAL society personal freedom ECONOMT regulates economy, business & industry-TAX AND SPEND SOCIETY & CULTURES POTENTIAL FREEDOM I en power but whichquality EQUALITY BUFFORT •M M Left GOVERNMENT Types of Legislation A legislative proposal that becomes law if passed by both the House and Senate in identical form and signed by the president. Legislation used to express the sense of the House or the Senate, Only affects the chamber passing the resolution, is not signed by the president, and cannot become public law. Often used for symbolic legislation, such as congratulating a sports team. Legislation used to express the position of both chambers on a nonlegislative matter to set the annual budget, or to fix adjournment dates. Not signed by the president, therefore do not carry the weight of law. MONONITIES Legislation that has few practical differences from a bill unless it proposes a constitutional amendment. In that case, a 2/3s majority of those present and voting in both the House and Senate, and ratification by the states, are required for the amendment to be adopted. URBAN DIPLOMACY PACIFISM "The world can be improved. Bring in the new" (UTOPIANISM) INCLUSIVE MULTICULTURAL EVOLVING FULFILLED ADULT BELIEFS Political Ideologies LIBERAL PROGRESSIVE •M M RELIGION Scientific, non-organized, unconventional BOGTE: others must observe CRIMINAL social and economic victims ROMELESS: downtrodden, victims of the system SOCIETY ONE FOR ALL AND ALL FOR ONE" DOVES ADULT CONSERVATIVE 8 PARTIES REPUBLICAN CONSERVATIVE NATIONALIST LOOKS TO CONSERVATIVE EQUITY PRAGMATISM MERITOCRACY THE PAST NATURE 可可出市 TRADE free trade TRADITIONAL Right GOVERNMENT GOVERNMENT GOVERNMENT SOCIETT FOCUS: BOAL SUPPORT individual economic freedom employers ECONOMY: de-gulated economy, business & industry-DON'T TAX AND SPENDY "Protect the good things about the world." (PRESERVATION) EXCLUSIVE ESTABLISHED NATIONALISTIC ADULT AP Gov Unit 2 Study Guide SOCIETY & CULTURE RURAL RELIANT ADULT BELIEFS RELIGION theistic, organized, conventional RIGHT: others must not interfere CRIMINALS choose to be criminals HOMELESS: no work ethic, no sense of shame SOCIETT "SURVIVAL OF THE FITTEST" VOTES FOR: AGGRESSION MILITARCY HAWKS CONT en en CHARACTER DON'T INTERFERE WITH SELF-DEFENCE COMMUNITY BASED ON MORALS SOCIAL LIVES SOCIAL PROGRESS-U e EQUALITY opportunity FREEDOM I achieve or fail FREEDOM FAMILY SELF-LO EDUCATION UPHOLDING ORDER HELPING THOSE WHO HELP THEMSELVES STRONG ROLE MODELS CHAMPION OF OPPORTUNITY Democrats (Liberal) Republicans (Conservative) Polarization: the divergence of political attitudes away from the center, towards ideological extremes. We have become increasingly polarized over the years, which can make it difficult to get things done. Gridlock: unwillingness to compromise so that bills can move forward in the legislative process. COMPOS SUPPORT abortion rights Ged ..M •M M F Natalie Ho Gerrymandering... ↳ Attempting to use the process of redrawing district boundaries to benefit a political party, protect incumbents, or change the proportion of minority voters in a district. STRATEGIES: Packing: isolating minorities in a district Cracking: dividing minorities across many districts Kidnapping: moves an incumbent's home address into another district Hijaaking: redraws 2 districts in a way that forces 2 incumbents to oppose each other in a single district Redistricting: redrawing the geographic boundaries of legislative districts. This happens every 10 years to ensure that districts remain roughly equal in population. REQUIREMENTS: contiguity, compactness, preserve political subdivisions, preserve communities of interest... Apportionment: the process of assigning the 435 seats to the states based on increases/decreases in population. Malapportionment: an unequal distribution of representatives to a legislative body. (a state has more representatives that their population entitles them and vice versa) Related Supreme Court Cases AP Gov Unit 2 Study Guide Baker V. Carr (1962) Facts: In 1960, TN had not redrawn its state legislative districts since the turn of the century. Charles Baker sued the state as his county's population had grown considerably in that time without benefiting from increased representation in the state legislature. The defendant in the case was TN's secretary of state. Issue: Did TN's refusal to redistrict violate the 14th amendment's guarantee of "equal protection of the law"? Lawyers representing TN argued that redistricting was a state issue. 14th Amendment Equal Protection Clause Holding: After nearly a year of deliberations, the Supreme Court ruled in a 6-2 decision that the federal government can force states to redistrict every 10 years after the national census. This case. facilitated the development of the "one person, one vote" doctrine and afforded federal courts the right to weigh in on legislative redistricting. Dissenting justices claimed that the ruling imperiled the separation of powers between the legislative and judicial branches.. *Important note: not a gerrymandering case 9 Shaw v. Reno (1993) Facts: After the 1990 national census, the federal government apportioned seats in the House of Representatives to reflect changes in the population. The NC legislature began to redraw its congressional map... Issue: The proposal that the NC legislature submitted to the Department of Justice suggested that the state legislature was attempting to use gerrymandering to isolate African American voters into the 12th Congressional District. White voters living in the 12th sued. When a federal District Court dismissed their lawsuit, that case went to the Supreme Court. 14th Amendment Equal Protection Clause 15th Amendment Extension of Vote Regardless of Race Holding: In a 5-4 decision, the Supreme Court ruled that NC's 12th Congressional district was a clear case of the state using racial bias in its congressional map. The court ruling held that claims of racial redistricting must be "held to a strict standard of scrutiny under the equal protection clause. Dissenting justices noted that it was not the court's place to make the determination, as the plaintiffs were not African Americans. NC was forced to redraw its congressional map. PARTISAN GERRYMANDERING IS CONSTITUTIONAL, BUT RACIAL GERRYMANDERING IS NOT! Natalie Ho 98 CENTRALIZATION VS DECENTRALIZATION Introduce revenue bills Constitutional Powers of Congress' 2 Chambers House Impeach federal officers Select a president if no candidate wins the Electoral College Determines tax policy Filibuster: a tactic used by senators to block a bill by continuing to hold the floor and speak-under the senate rule of unlimited debate-until the bill's supporters back down →" Talking a bill to death" House Filibuster Cloture: a procedure through which the Senate can limit the amount of time spent debating a bill (cutting off a filibuster) if a supermajority of 60 senators agree. Debate limited to 1 hour Speaker of the House controls who speaks Only germane amendments allowed Discharge petition Advise and consent for presidential appointees Try and remove federal officers Approve treaties with a 2/3 vote Approve ambassadors + high-ranking military personnel Nuclear Option: when the presiding officer of the U.S. Senate disregards a rule or precedent. This most commonly refers to an effort by the Senate to end a filibuster by a simple majority (51), even though rules specify that ending a filibuster requires the consent of at least 60 senators. Constitutional Rules of Congress' 2 Chambers Rules committee 10 Senate AP Gov Unit 2 Study Guide Cloture rule Unlimited time for debate Senate Unanimous consent Holds Can add amendments on any subject Discharge Petition: procedure by which a bill in the House of Representatives may be forced out of committee and onto the House Floor for consideration. Rules Committee: responsibility to review bills after they come from the full committee and before they go to the full chamber for consideration. They determine the date the bill will be debated, the time allotted for discussion, and what amendments can be made.