Mod 3 - Interactions among branches Flashcards
structure and operations of Congress
The structure and operations of Congress reflect the republican ideal of self-government via elected representatives. When crafting the legislative branch, the Framers created various differences between the two houses. These differences were a byproduct of the Great Compromise as the Framers were aiming to satisfy states with both large and small populations. Differences include district size, chamber size, and the enumerated powers of each house.
House of Representatives
Faster turnover. Faster response to the people needs.
The lower chamber of Congress, in which the number of representatives per state is determined by the state’s population, with 435 Representatives total. Members of the House of Representatives serve two-year terms, so they are up for reelection every two years.
Senate
Slower turnover. Slower to respond to the peoples need.
The upper chamber of Congress, in which each state has two representatives regardless of population size, with 100 senators total. Senators serve six-year terms, with one-third of them running for reelection every two years.
enumerated powers
Powers of the federal government explicitly named in the Constitution
implied powers
Powers of the federal government not explicitly named in the Constitution that enable the federal government to carry out its enumerated powers.
constituents
Voters in a legislative district.
coalition
An alliance of political groups pursuing a common goal.
The Constitution of the United States (1787
The fundamental laws and principles that govern the United States. The document was a result of several compromises between federalists and anti-federalists at the Constitutional Convention - in order to resolve and prevent issues from the first government created by the Articles of Confederation.
House vs. Senate:
Representation and responsiveness
The Senate represents large and small states equally with two senators per state; while each state’s share of the 435 representatives in the House is determined by its population. Because members of the House of Representatives have two-year term lengths, they are typically more responsive to their constituents’ concerns than senators, who have six-year terms. Senators cannot ignore their constituents, however, as one-third of the Senate is up for reelection every two years.
House vs. Senate: Debate procedures
Debate procedures are typically less formal in the smaller Senate compared to those of the larger House of Representatives. Shorter term-lengths in the House can make representatives more sensitive to constituent concerns than Senators, and less likely to form bipartisan coalitions in support of legislation as a result.
House vs. Senate: Powers
Both Houses of Congress have different enumerated powers (those explicitly stated in the Constitution) as well as implicit powers (not stated in the Constitution but assumed in order to carry out enumerated powers).
Bicameral Lawmaking - Overview
When the Framers created a bicameral legislature, they created a system of checks and balances within Congress by requiring a bill to be passed in both chambers.
The structures, powers, and functions of the House of Representatives and the Senate are different, and these differences can affect the policymaking process: for example, by accelerating it or slowing it down, and by the extent to which bipartisan collaboration is or is not facilitated.
cloture
A Senate procedure through which a supermajority of 60 senators can vote to limit the amount of time spent debating a bill and cut off a filibuster.
filibuster
A tactic used by senators to block a bill by continuing to hold the floor and speak, adhering to the Senate rule of unlimited debate. The purpose of this tactic is to continue to speak for so long that the bill’s supporters eventually back down.
Committee of the Whole
A committee of the House on which all representatives serve in order to consider the details of a proposal.
discharge petition
A petition signed by members of the House of Representatives (51%) to bring a bill out of committee and onto the floor for a vote.
House Rules Committee
The committee responsible for scheduling and managing the flow of legislation on the floor of the House of Representatives in order to make the process more efficient and manageable. The committee can also make it easier or more difficult for a bill to pass depending on the rules they create.
Senate Committees
Committees 16. (1) Appropriations comm. - how will money be spent. (2) Foreign Relations - only in Senate - ratify treaty w/two-thirds supermajority (3) Armed Services (4) confirmation of appointed officials
House Committees
Currently 20 committees. (1) House Ways & Means Comm (taxes-must originate in House). (2) Budget committee - what is actually the budget is voted on. (3) appropriation Comm. - how is money spent (4) Most powerful - Rules Committee - traffic cop - which bills go to be voted on, can there be debate - rules for voting on law.
logrolling
When two legislators agree to trade votes for each other’s benefit.
pork barrel legislation
The use of federal funding to finance localized projects, typically bringing money into a representative’s district in order to please constituents and boost the representative’s chances of winning reelection. Considered Government waste of money (2010 vote - end earmark spending)
President of the Senate
The Vice President of the United States, who presides over the Senate’s daily proceedings.
Speaker of the House
The presiding officer of the House of Representatives and de facto leader of the majority party.
How a bill comes to vote in the House
- Bill is proposed
2 Speaker sends to committee - Committee decides it is good enough to be voted on
- Bill goes to Rules Committee to decide rules of debate and voting
- Goes to the Floor to be voted on
**Faster than in senate
How a bill comes to vote in the Senate
**more difficult for simple majority
How a bill comes to vote in the Senate
**more difficult for simple majority
1. Created by supporters
2. introduced to Senate by Senator
3. Sent to committee
4. Committee hearings/debates
- Can “table” the bill (put aside)
5. Committee decides to send it to Senate floor for vote
6. At Senate floor - “debate” over the bill; Must have “unanimous consent” to “End debate” on the bill to get to the vote; “Hold” - Senator doesn’t consent to having a vote - keep debating causing a “filibuster” . (Keeps the simple majority from just doing whatever they want)
“Cloture” - 60 votes to stop the debate, end the filibuster and send bill to a vote (except for appointments only 51 votes to end Filibuster)
earmarking
Parts of the budget Set aside by COngress specifically for projects - (can be “Pork barrel projects” - govt waste of money that is used to “buy votes” for the representatives local area)
factors affect the behavior of members of Congress,
A number of factors affect the behavior of members of Congress, including election processes, partisanship, and divided government. Most members of Congress seek to be reelected by their constituents, which can affect their voting behavior and the issues they devote time to while in office.
Partisan divisions within Congress
Partisan divisions within Congress may result in legislative gridlock, or lead to increased negotiation and compromise. Likewise, divided government between the legislative and executive branches can give rise to partisan standoffs, such as congressional refusal to approve presidential appointments or to vote for presidential initiatives. Congressional redistricting to favor one party over another, or gerrymandering, is motivated by partisanship and can also further entrench it.
gridlock
When the government is unable to reach compromises or make policy decisions.
partisan
A firm supporter of one political party.
redistricting
The process of adjusting electoral districts in the United States.
gerrymandering
The act of changing the boundaries of an electoral district to favor one party over another.
divided government
When one party controls one or more houses in the legislative branch while the other party controls the executive branch.
‘lame duck’
An elected official who continues to hold political office during the period between the election and the inauguration of their successor.
trustee
A member of Congress who takes into account the views of their constituents and use their own judgment to decide how to vote.
delegate
A member of Congress who always follows their constituents’ voting preferences.
politico
A member of Congress who acts as a delegate on issues that their constituents care about, and as a trustee on issues that their constituents don’t care about.
Baker v. Carr (1961)
BC - unequal vote for me
One vote one person
The Court ruled that Tennessee had acted unconstitutionally by not redistricting since 1901; establishing both the “one-person, one-vote” principle - that districts should be proportionately represented - and that the Court had jurisdiction to review state redistricting issues.
Shaw v. Reno (1993)
SR -
This case established that although legislative redistricting must be conscious of race and comply with the Voting Rights Act of 1965, it cannot exceed what is reasonably necessary to avoid racial imbalances.
How does redistricting affect the behavior of members of Congress?
Redistricting may make districts more or less ‘safe’ for certain members of Congress. A Congress member who is in a safe district (one that he or she is likely to win in an election, based on the political party of the majority of constituents) may feel more empowered to take positions that constituents don’t like.
What are the differences between a congressperson acting like a trustee and a congressperson acting like a delegate?
Representative Greggs won her last election by more than 7% of the vote and feels confident that she is likely to be reelected. This may give her more room to vote with her conscience on bills, even if a majority of her constituents disagree with some of her positions; this is an example of trustee behavior.
However, Representative Carver is a Democrat representing a district that usually votes Republican and won his last election by only 1% of the vote, so he may feel in danger of losing his next election. He is more likely to act as a delegate, prioritizing his constituents’ wishes over his own judgment, in order to guarantee a win in his next election.
How might ideological differences in Congress slow down the policymaking process?
Partisanship fueled by ideological differences may motivate members of Congress to block the policies of the opposition party regardless of whether those policies might benefit the public.
Why do we have a president? And how do presidents get things done?
The Framers of the Constitution wanted to ensure that the executive branch was powerful enough to act, and so in Article II of the US Constitution, they established that executive power in the United States is vested in a president, who has certain powers. The powers of the president outlined in Article II are known as formal powers, but over the years presidents have claimed other powers, known as informal powers.
policy agendas
Presidents campaign for office based on their policy agendas: the things they promise voters that they will attempt to accomplish while in office. They use their formal and informal powers to accomplish their policy agendas.
cabinet
A group of presidential advisers, including the heads of the executive departments, the attorney general, and other officials chosen by the president.
executive agreement
An international agreement between the president and another country, which does not require the consent of the Senate.
executive order
A presidential order to the executive branch without the cooperation of Congress that still carries the force of law. The Supreme Court can rule executive orders unconstitutional. These are derived from the “vested” clause.
pocket veto
An indirect veto, which the president can use by neither signing or vetoing a bill passed by Congress fewer than 10 days before it adjourns.
signing statement
A presidential statement upon signing a bill into law, which explains how a president’s administration intends to interpret the law.