heimlers unit 2 gov

• Senate


  -Must be at least 30 years old

  -6-year terms

  -Constitution wanted them to be less influenced by public pressure

  -More constitutional responsibility than house

  -Less connected because each state only has 2

  -They deal with big issues and generality
• House of Representatives


  -State represented by population

  -Represents districts more than states

  -Federal law caps at 435 representatives

  -Must be at least 25 years old

  -Hold two-year terms

  -Must be more responsive because of little time

  -Closer to issues that people in their districts care about

  -Less likely to form bipartisan coalitions
• How Laws are Made


  1. Both houses need to agree by vote on identical bills of a law

  2. Then comes president signing
• Differences on Debate


  Senate (remember small):

  -Unlimited debate

  -Less formal and restricted

  
  

  House (remember big):

  -Restrict debate to an hour per member

  -More formal and restricted
• Enumerated and Implied Powers of Congress


  Enumerated:

  -Power to pass a federal budget

  -Raise revenue

  -Regulate national currency

  -Declare war

  -Raise and maintain armed forces

  
  

  Implied:

  -Necessary and proper clause
• Speaker of the House


  -Voted for by members of Congress

  -Always of the majority party

  -Allows people to speak

  -Assigns people to committees
• Majority and Minority Party Leaders


  -Guide part members

  -Directs debates

  -Make sure that their party wins in legislation
• Party Whips


  -Punishes party members

  -Keeps members in line
• Senate Leadership


  President of the Senate:

  -Vice President

  -Non-voting member unless there's a tie

  
  

  President Pro-Tempore:

  -Voted by Senate; always of majority party

  -Leads Senate when VP is away

  
  

  Majority and Minority Leader:

  -Sets legislative agenda

  -Controls calendar of bills
• Committees


  Smaller groups of legislators who debate and draft precise legislation for Senate and House

  -Standing committee: always there because there's always issues for them to deal with; Appropriations Committee (Senate) and Ways and Means Committee (House) are an example

  -Joint Committee: involves both House and Senate

  -Select Committee: temporary committee that is for a specific issue

  -Conference committee: formed if both houses can't agree on a bill
• How the House Functions

  -House Rules Committee: gatekeeper of all legislation for House; decides when votes get held and assigns bills to committees

  
  

  -Committee of the Whole: relaxes some of the rules for debates so it can be done quicker; requires 100 members

  
  

  -Discharge petition: when a bill gets stuck in a committee the House can make a majority vote which brings the bill out of the committee for a vote
• How the Senate Works

  -Unlimited debate -> Filibuster: killing a bill by talking for a very long time
• How a Bill Becomes a Law

  1. A bill can be sponsored by a member of either house

  2. Bill gets debated and considered; changing in the process

  -Non-Germaine Riders: provisions of a bill that has nothing to do with the bill; usually benefits a representative's district or state

  -Pork-Barrel Spending: funds created for a particular representative's district

  3. Assigned to a committee; leading to more change

  4. Goes to floor for a vote

  5 Both houses agree -> president signing

  -Logrolling: "ill vote for your bill, if you vote for mine"
• Types of Spending by Congress


  -Mandatory spending: money needed to be allocated by law

  -Discretionary spending: money left over by mandatory spending; usually spent on federal employees

  -Deficit spending: over spending on discretionary spending; usually comes from raised taxes
• Rule of Thumb About Political Gridlock

  When both houses are lead by one party, it never really happens
• Divided Government


  Opposing parties control each house; or president is of the opposing party of the majority in Congress

  -Slows things down
• Lame Duck President

  President not having power at the end of their presidency because it will end soon
• Models of Representation


  -Delegate model: votes on the will of the people even if it goes against their judgement; this happens mostly in the house because they are more specific

  -Trustee model: thinks they have been entrusted by their voters for their personal judgement; voting against their electors if needed

  -Political model: hybrid of both; uses delegate model only when people care about an issue deeply
• Partisan Gerrymandering


  Redrawing districts to favor a party
• Racial Gerrymandering


  Redrawing districts to favor a race
• Formal and Informal Powers of the President

  Formal: Exclusively given to the executive in Article 2

  -Veto with 10 days to decide; can be overridden with a two thirds vote

  -Commander-in-Chief of the armed forces

  
  

  Informal: not mentioned in constitution but comes with the job

  -Using their voice to persuade people to influence their representatives for legislation

  -Bargains with Congress for legislation

  -Executive order: directive from president that has the force of law but isn't one; directing bureaucracy to accomplish agenda

  -Signing statement: statement a president offers when signing a bill about how they interpret and plan to execute the law

  -Executive agreement: agreement between a president and another head of state; not formal or a treaty and only exists during presidency
• Pocket Veto


  If the president doesn't respond in the 10 day signing period
• Checks on Presidency

  -Senate has advice and consent, which means that most presidential appointments need to be firstly approved by Senate
• Who Can a President Appoint?

  -Ambassadors: diplomats that are assigned to foreign countries for relations; Senate usually approves of easily

  -White House Staff: works to help campaign; no approval by Senate

  -Cabinet: represents heads of all main executive departments; needs Senate approval which is usually loose

  -Federal Courts: Senate approval needed and is tense because of the high stakes
• Talks of One Executive


  -Anti-Federalists were scared of one president becoming tyrannical

  
  

  vs

  
  

  -Federalist 70: Hamilton argued for one executive because a single person acts more decisively, serves as protection against expansion of executive power because everyone will know who to blame if there's only one
• Federalist 70

  -"70 presidents won't work, I want 1!"

  -Hamilton believed the executive is defined by energy; or acting quickly and decisively

  -Qualities in the legislative counteract those needed for the executive

  -The blame and responsibility will not be complicated with one president
• State of the Union Address


  The president's annual statement to Congress and the nation

  -Informal power
• Structure of the Judicial Branch


  1. SCOTUS

  2. Courts of Appeals: appellate jurisdiction, 12 ones, hears appeals from lower courts to make sure the law was applied correctly; 3 judges and no jury

  3. District courts: only original jurisdiction, 94 around the nation; judge and jury
• Judicial Review


  Allows the court to determine the constitutionality of laws

  -Not explicitly said in constitution; Marbury v Madison

  -Federalist 78
• Precedent


  A decision will act as a template for future decisions
• Stare Decisis


  Let the decision stand; decisions are based on precedents from previous cases
• Strict vs. Loose Construction

  -Loose constructionism: Constitution is a living and evolving document

  -Strict constructionism: Constitution as the words are literally written
• Rule of Thumb: SCOTUS Appointment


  Conservative presidents will appoint conservative judges, and the same goes for liberal presidents and judges
• Judicial Activism


  Court is going beyond the Constitution to follow the ideological will of the majority
• Judicial Restraint

  Believes law should not be struck down in consideration of its effects on society, rather violating the word of the Constitution
• How the Other Branches Check SCOTUS


  Legislature:

  -Pass laws that modify the impact of prior decisions

  -Constitutional amendments

  -Passing legislation that impacts the court's jurisdiction

  
  

  Executive:

  -Judicial appointments

  -Not enforcing the decision
• Bureaucracy


  Millions of people employed to carry out responsibilities of the Federal government

  -Falls under the authority of the EXECUTIVE branch
• Structure of Bureaucracy


  1. Cabinet Departments: 15 departments (Defense, Education)

  2. Agencies: work together to accomplish goals of department

  3. Independent Regulatory Commissions: they regulate some aspect of society; operate apart of the president's authority (FCC doesn't allow us to swear on TV)

  4. Government corporation: hybrid between gov agency and private business; created when there are services the government wants to offer for the people (USPS)
• Bureaucratic Organizations


  -Write and enforce regulations

  -Issue fines for non-complience

  -Interact with Congress
• Iron Triangles


  Bureaucratic agencies, interest groups, and congressional committees work together to make policy