AP US Government Study Guide Unit 2

Unit 2 Article One of the Constitution - The Legislative Branch ● Congress (or the Legislative Branch) is a bicameral legislature (composed of the Senate and the House of Representatives), a system created by the Great Compromise - a compromise between the small and large states. ● Many powers that weren’t given to the federal government under the Articles of Confederation were given to Congress in the Constitution. ● Each chamber of Congress has different powers and abilities that the other chamber may not have. Enumerated powers are powers of Congress. They are listed in Article 1 of the Constitution. Structure of Congress Senate ● With the 17th amendment, Senators are House of Representatives ● The House of Representatives is the now elected to the Senate, holding their lower chamber of Congress and is offices for 6 years, which means that 1/3 known to be closer to the people. of the Senate is up for reelection at a time. ● State representation in the House is ● Each state has 2 senators. determined by the census that’s ● The Senate is the upper house and is meant conducted every 10 years. to be more elite. They have the following powers that the lower house doesn’t: ○ Confirming Presidential appointments ○ Ratifying treaties made by the President. ○ Holding impeachment trials ○ It is determined by the number of people in each district. ● The Representatives are up for reelection every 2 years. They have the following powers that the Senate doesn’t have: ○ Impeaching a public officer ○ Introducing tax and revenue bills. Introducing bills and creating laws ● A bill can be introduced into either chamber of Congress. ○ *Note that Appropriation bills are only able to be introduced in the House. ● Once a bill is introduced, it goes to a committee, and that committee votes on whether it will get to be voted on by the whole chamber or not. ○ If the bill dies in the committee, a motion to discharge the committee can be filed to pull that bill out of the committee. If a bill makes it out of the committee, there are different procedures, depending on the chamber of Congress. Senate House of Representatives ● After a Bill comes out of a committee, it ● The debate in the House is more goes straight to the Senate floor, where formal because there are more debates are held. To end the debate, all people. Senators have to vote on the bill (unanimous consent). ● If a Senator doesn’t want a bill to go to vote, ● Once a bill is out of the committee, it goes to the Rules Committee ● The Rules Committee decides if a they may filibuster. To end a filibuster, bill will be voted on as a committee cloture must be done. of the whole or as the House of Representatives. Important vocab in the process of law-making ● Filibuster - Where a member holds the Senate floor to prevent a bill from going to vote. ● Cloture - Used to end a filibuster. You need 3/5ths of the Senate’s votes to have successful cloture (60 votes). ● Rules Committee - decides how a proposed bill will be voted on and debated (i.e. Will amendments are added? Is the bill even going to be debated? etc.) ● Committee of the Whole - simplifies the rules of debate and opens the conversation ● Discharge Petition - Filed to get a bill out of the committee and take it straight to the floor Types of Committees ● Standing - Committees that are always in operation (ex: Ways and Means Committee) ● Conference - A committee formed with members from both the Senate and the House to iron out differences in similar legislation. ● Select - Created for a specific purpose and will eventually end. ● Joint - A committee with people from both the Senate and the House, that is created for a specific reason. Congressional Spending ● Discretionary spending - Programs in which Congress and the President have to renew spending for it every year. ● Mandatory spending - programs in which the government has already made a commitment to pay. Congressional Actions ● Pork barrel legislation - When Congressmen negotiate for legislation that helps their specific district but not the whole country. ● Logrolling - When Congressmen agree to support each other's bills. ● Ideological Divisions within Congress - People often vote along party lines, making it harder for legislation to be passed due to partisan differences (deadlock). ○ Congress has become increasingly more partisan, which has caused less legislation to be passed successfully in Congress. ● Gerrymandering - Redistricting strategically to ensure one party gets more representation in that district, a process that can lead to a majority to have representation in Congress. ● Redistricting - The redrawing of district lines for representation. ● Reapportionment - The delegation of representatives to different districts based on population. This determines which states get more representation. ● Elections that have tend to lead to a “divided government” - When the Congress is controlled by a different party than the White House. This can lead to a gridlock, which is when no legislation is passed because the two parties can not come to an agreement. ● Congressional refusal to confirm appointments of “lame duck” presidents of the opposite party - When the next President has been chosen and the current president’s term is almost up, they usually try to appoint people to governmental positions so their political ideologies continue, even though they are technically out of office. ○ If Congress has a majority of the opposite party, then they may not want to confirm anyone, which will cause vacant spots in the government. ● Congressional Models for voting ○ Trustee model - When representative votes based on what they think is right, even if it is different from what their constituents want. ○ Delegate model - When representative votes based on what his constituents want, even when other representatives don't agree with what the constituents want. Important Court Decisions ● Baker v. Carr: Tennessee residents were upset that the government had not redistricted in quite some time so the districts didn’t reflect the current population, causing residents in rural areas’ votes to count more than people in urban areas. The Supreme Court ruled that they could make decisions on the fairness of districts under the equal protection clause of the 14th amendment to make sure everyone’s vote had the same weight. ● Shaw v. Reno: North Carolina residents were mad about a majority-minority district and the case reached the Supreme Court where the government ruled that race can’t be the predominant factor in redistricting because that violates the 14th amendment. Article Two of the Constitution - The Executive Branch ● Informal Powers of the President ○ Chief Political / Party Leader - Presidents can endorse people in their party, acting as a spokesperson for their party. ○ Head of State - The President represents the nation by receiving ambassadors and performing many ceremonial roles. ○ Chief Legislator - The President proposes legislation that he wants to see passed. He can also veto bills. ○ Chief Economic Planner -The President proposes the budget and has to approve it. ○ Bully Pulpit ■ The internet allows the President to utilize the bully pulpit more efficiently to communicate with the American people quicker and more directly. It is also easier to mobilize and grassroots campaigns. However, it is harder for the President to control the news. ■ The President can use the bully pulpit to get support for their agenda which will make it easier for the President to get legislation passed that they support through. ○ The government gives tasks to different departments. They use civil servants in more than 200 independent agencies to carry out laws, do administrative work, and issue regulations on the public. ● Formal Powers of the President - Powers are explicitly given to the President in the Constitution ○ Chief Executive - The President makes sure that the laws that are passed are obeyed. He can issue executive orders and employ many people to carry out laws. ○ Chief Diplomat - The President must negotiate with foreign nations. He also has the power to make and enforce treaties. ○ Commander in Chief - The President can make war. He can also use nuclear weapons. Structures of the Executive Branch ● Cabinet - A group of advisors that aid the President on numerous topics that he may not be as knowledgeable in. ○ The cabinet includes the Secretaries of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland, Housing and Urban Development, and the Vice President. ● Ambassadors - Diplomats that travel to other countries as the United States’ representatives and negotiate for the President. ● White House Staff - Assistants to the President that counsel him on many things; led by the Chief of Staff. Federalist No. 70 ● Hamilton advocates for a unitary executive so that one energetic person has the power to make quick decisions, as well as be held accountable to the people. This can not happen with multiple people in the executive branch because there will always be differences in opinion and blame will be passed around. ● Hamilton also supported the idea of paying the President as a way of keeping him motivated, and the President needs just enough power to not prevent tyranny. 22nd AmendmentLimited the ability of Congress to increase their pay. The internet allows the President to utilize the bully pulpit more efficiently while also communicating with the American people quicker and more directly. It is also easier to mobilize and grassroots campaigns. However, it is harder for the President to control the news. The President can use the bully pulpit to get support for their agenda which will make it easier for the President to get legislation passed that they support through. The government gives tasks to different departments. They use civil servants in more than 200 independent agencies to carry out laws, do administrative work, and issue regulations on the public. Bureaucracy Interactions with the President and Congress - Writing and enforcing regulation - They issue regulations to enforce the law and executive orders that were issued by the President and Congress. - Issuing fines - They issue fines to punish the public for not obeying the law that the bureaucracy enforces. - Testifying before Congress - They may testify before Congress to give insight on a specific topic that they are experts on because they work directly in that subject - Iron triangles- The relationship between Congress, the federal bureaucracy, and interest groups during policy creation. Congress gives funding to the bureaucracy, the bureaucracy implements the policy that Congress passes, and interest groups lobby Congress for policies that they want to see passed. Civil Service- Hiring government workers based on competition, tests, and merit Merit- People getting jobs based on their achievements and ability rather than partisan loyalty. Pendleton Act- Attempted to stop patronage. It made it illegal to hire or fire someone for political reasons. Congress gives the federal bureaucracy administrative discretion in implementing its laws. This means they Discretionary and rulemaking authority to implement policy are given to bureaucratic agencies such as: - Department of Homeland Security Department of Transportation - Department of Veterans Affairs Department of Education - Environmental Protection Agency - Federal Elections Commission (FEC) - Securities and Exchange Commission (SEC) have the power to determine how they are going to implement the law. With this, they are able to come up with regulations and punishments for not obeying the law without approval. Independent Executive Agency An agency established by Congress with separate status outside of the executive branch. They are usually established to serve a specific purpose. Example: Social Security Administration, CIA, NASA, EPA Independent Regulatory Commission Established to regulate a specific economic activity. They work independently of the executive branch and Congress Example: Federal Reserve Board, Federal Communications, Commission Government Corporation Government owned businesses to provide a service that can’t be trusted to the private sector. Example: US postal Service, Amtrak Congressional Oversight Oversight and methods used by Congress to ensure that legislation is implemented as intended are represented by: Committee hearings- They use committee hearings to make sure everything is running well in a specific department and there is nothing fishy going on. Power of the purse- Allocating money to ensure that its laws have the funding it needs to survive. Also they might cut funding for something if they feel their laws aren’t being implemented ,right. If the President is of the opposite party as Senate, the Senate might not confirm any presidential appointment , by using their Congressional oversight. The President utilizes a number of tools to ensure that the bureaucracy is doing its job. For example, he can appoint heads of departments, can control their budget, or issue an executive order to push an agency to enforce the rules a certain way. What is the difference between: Majority Opinion- what majority of the judges believe; this is the ruling that is enforced. Dissenting Opinion- the opinion of the judges that completely disagrees with the majority opinion. Concurring Opinion- the opinion of the judges that agree with the majority’s ruling but for a different reason. Writ of Certiorari- a writ that demands a lower court to send the files over to review a case. Rule of Four- at least 4 Supreme Court judges have to want to hear a case for it to be heard by the Supreme Court. COURT NUMBER OF COURTS 94 NUMBER OF JUDGES 700 Original Jurisdiction Minor implications or none. 13 160 Appellate Jurisdiction 1 (court of last resolve) 9 Original and Appellate Jurisdiction but most cases heard by the Supreme Court are based on appellate jurisdiction. Their decisions set the precedent for all the courts within that district Their decisions set the precedent for the entire nation, and unifies all decisions. JURISDICTION POLICY IMPLICATIONS District Court Courts of Appeal Supreme Court