Unit 2 (Legislative and Executive Branches)

The framers of the Constitution clearly intended that Congress would be the
cornerstone of the new republic.
The framers wanted a strong representative assembly to craft legislation.
● It would use careful consideration
● It would take deliberate action
● It would use constituent representation
Article I of the US Constitution
● “All legislative powers herein granted shall be vested in a Congress of
the United States, which shall consist of a Senate and House of
Representatives.”
● The current structure of Congress was the result of the Connecticut
(Great) Compromise
● The Founding Fathers based their compromise in part on the belief
that each house would serve as a check on the house.
Key Terms and Concepts
bicameral - 2 Branches or chambers

House of Representatives
● 435 Members (appointed by population)
● 2 Years
● Entire House elected every 2 years
● At least 25 years of age
● Citizen for 7 years
● Must live in state where district is located
● Smaller amount of Constituents
● By districts
● The Constitution guarantees each state at least one representative
○ Members are chosen from districts within each state

Senate
● 100 members (two from every state)
● 6 Years
● Staggered terms with 1/3 of the Senate elected every two years
 ● At least 30 years of age
● Citizen for 9 years
● Must live in state you represent
Getting Elected to Senate
● The Constitution guarantees that “no state, without its consent, shall
be deprived of its equal suffrage in the Senate.”
○ Members were originally chosen by the state legislatures in each
state
○ Since 1913, the 17th Amendment allows for the direct election of
senators by the people of the state
○ Election of Senators is by the people-at-large
■ All voters of the state elect the senators from the state
● Senate
● Vice President
● The President of the Senate and the presiding officer of the
Senate, according to the Constitution
● Not a Senate member
● May not debate and only vote to break a tie
Term of Congress
Two houses meet for terms of two years beginning on Jan 3rd of odd-
numbered years
● Each term is divided into one-year sessions
● The president may call special sessions in cases of national emergency
● Each house of Congress chooses its own leadership and determines its
own rules
Policymaker- Make public policy through the passage of legislation

Passive-Positive
Active-Positive - FDR, Truman, Kennedy, Ford, Carter, Bush
Passive-Positive - Taft, Harding, Reagan
Active-Negative - Wilson, Hoover, LBJ, Nixon
Passive-Negative - Eisenhower, Coolidge

Senate
 ● Appropriations
○ Responsible for all spending of the federal budget
● Foreign Relations
○ Oversees the foreign policy agencies of the US government such
as funding foregin aid programs and arms sales
○ Reviews and considers all diplomatic nominations and
international treaties and legislation relating to US foreign policy
● Judiciary
○ Conducts hearings prior to the Senate vote on whether to
confirm prospective federal judge nominations by the president
○ Provides oversight of the Department of Justice and all the
agencies under the Department of Justice

Who makes the rules for each house of Congress

enumerated powers - Powers specifically granted to Congress, mostly found

in Article I Section 8 of the Constitution
● Includes enacting legislation, coining money, passing the federal
budget, raising revenue, declaring war, raising maintaining an armed
force
Congress declares war!!

implied powers - Powers that may be reasonably suggested to carry out the
expressed powers
● Found in Article I, Section 8, Clause 18 also known as the necessary
and proper clause or elastic clause
● Allows for the expansion of Congress’ powers

apportionment
● The process by which seats in the House of Representatives
● Based on the population of each of the states
● Determine in a decennial census

reapportionment
 ● The redistribution of congressional seats after the census determines
changes in population distribution among the states
● Due to capping House membership at 435 members
Congressional Checks - Veto Override
● Power to spend money
● Congressional Budget and Impoundment Act of 1974
● Power of Impeachment
● Approval of appointments
● Legislation to limit presidential powers
● War Powers Act

Political Checks
● Public Opinion
● Media Attention
congressional districting (redistricting)
● The drawing by state legislatures of congressional districts for those
states with more than one representative
Military Powers
● Commander-in-chief
● Commissions officers in the military
● Final decision making in matters of foreign defense
● Provides for domestic order
gerrymandering
● Drawing congressional districts to favor one political party or group
over another
● Gerrymandering can based on partisanship, with districts being drawn
to benefit candidates of on party and hurt candidates of the other
party
○ District lines are sometimes drawn to benefit incumbents or
certain individuals who run for the House of Representatives
● Racial Gerrymandering occurs when district lines are drawn to prevent
racial minorities from electing their chosen candidate

majority-minority district
Baker v. Carr (1962)
● The Supreme Court ruled that reapportionment challenges are not
political questions brought in under the Equal Protection Clause of the
14th Amendment

Wesberry v. Sanders (1964)

● The Supreme Court ruled that districts must be drawn to approx. the
same population size as other districts
● This opened the door to challenges to redistricting and the
development of the “one man, one vote” principle.

Shaw v. Reno (1993)

● The Supreme Court ruled that legislative redistricting must be mindful
of race and compliance with the Voting Rights Act of 1965 and its
amendments

at-large

incumbent - currently in office

incumbency effect
● The tendency of those already holding office to win reelection
● The effect tends to be stronger for members of the House and weaker
for the Senate

incumbency advantages
● Name Recognition
○ Voters are more likely to recognize the office holder than the
challenger
● Credit Claiming
 ○ The office holder may have brought government projects into
the state or districts
● Casework
○ Office holder may have helped constituents solve problems
involving government and the bureaucracy
○ This is known as constituency service
● More Visible to Constituents
○ Members use the “perks” of the office to communicate with
constituents
○ Franking is the privilege of sending official mail using the
incumbent’s signature as postage
■ Provides communications with constituents
● Media Exposure
○ Incumbents are more likely to gain “free” publicity during a
campaign through the media
● Fundraising abilities
○ It is generally greater for incumbents
● Voting Record

casework - assistance provided by members of Congress to constituents who

need help while filing a grievance with the federal government or a federal
agency

constituents - Members, especially those who hope to win reelection, often

take into consideration the opinion of their constituents

constituency service - wide array of non-legislative activities undertaken by

Members of Congress or congressional staff

franking privileges - allows members of Congress to mail their letters

without postage

Speaker of the House - The presiding officer and most powerful member of
the House
● The Speaker is a constitutional position
 ● Duties of the Speaker
○ Assigning bills to committee
○ Controlling floor debate
○ Appointing party members to committees

majority leader -serves as the major assistant to the speaker, helps plan the
party’s legislative program, and directs floor debate

minority leader - major spokesperson for the minority party and organizes
opposition to the majority party

President - Presidents often lobby members to support legislation through

phone calls, invitations to the White House, or even appeals to the public to
gain support from voters to bring pressure on members

president pro tempore - The senior member of the majority party chosen to
preside in the absence of the Senate President
● This is mostly a ceremonial position lacking power
● Generally, the most senior member of the majority party

floor leaders

whip - Help floor leaders by directing party members in voting, informing

members of impending voting, keeping track of vote counts, and pressuring
members to vote with the party

seniority system - the practice of granting special perks and privileges to

members of the U.S. Senate and House of Representatives who have served
the longest.
standing committee - A permanent committee that deals with specific policy
matters such as agriculture, energy and natural resources, veterans affairs
● Committees in the House are more specialized than committees in the
Senate

select committee - A temporary committee appointed for a specific purpose

● Most are formed to investigate a particular issue

joint committee - Made up of members of both houses of Congress

● It may be a select committee such as the Iran-Contra Committee or
perform routine duties such as the Joint Committee on the Library of
Congress

conference committee - A temporary committee of members from both

houses of Congress
● Created to resolve the differences in House and Senate versions of a
Bill
● It is a compromise committee

Committee of the Whole - A committee on which all representatives serve

● Meets in the House Chamber for the consideration of measures

Rules Committee - Responsible for determining under what rules other

committees’ bills will come to the floor
● The committee decides for how long and under what rules the full body
will debate bills

Ways and Means Committee

● A committee that, along with the Senate Finance Committee, writes
the tax codes, subject to the approval of Congress as a whole
 ● Jurisdiction over all taxation, tariffs, and other revenue raising
measures

legislative caucus - An informal group formed by members of Congress who

share a common purpose of set of goals
Caucus - Group of legislators who form groups based on a common factor
● May form voting blocks
Committee System - Plays a major role in the passage of legislation
● Bills may die if committee fails to act upon them or rejects them
● Most bills die in committee

delegate - Members vote based on wishes of constituents regardless of their

own opinions

trustee - Members vote based on their own opinion

politico - Members act as either a trustee or delegate based on rational

political calculations about who is best served, the constituency or the nation

collective representation

descriptive representation

oversight powers - Investigate matters falling withing the range of the its
legislative authority
● Often involves the review of policies and programs of the executive
branch

bills - Proposed laws

 ● Can start in either house, except revenue bills, which must begin in
the house of representatives

how a bill becomes a law

House of Representatives
• A bill is introduced, numbered, and assigned to a committee
• The bill may be assigned to a subcommittee for further study
•The bill is returned to committee, where it is approved or rejected
•The rules committee sets terms of debate for the bill
•The rules committee sets terms of debate for the bill
● Sets the amount of time for the debate
● Closed Rules no amendments may be offered other than
amendments recommended by the committee reporting the bill
•Open Rules
• Any members may offer an amendment that complies with the
standing rules of the House
• Generally, the amendment has to be germane to the bill
•Modified Rules
•Permits only amendments preprinted in the Congressional Record,
puts a time-cap on consideration of amendments, or does both
•A vote is taken, where the bill is passed or defeated
•Bills that pass the House that have not passed the Senate are sent to the
Senate
•A vote is taken, where the bill is passed or defeated
•Bills that pass the House that have not passed the Senate are sent to the
Senate
Senate
● A bill is introduced, numbered, and assigned to a committee
● The bill may be assigned to a subcommittee for further study
● The bill is returned to committee, where it is approved or rejected
 ● The bill is debated by the Senate
● A vote is taken, where the bill is passed or defeated
● Bills that pass the Senate that have not passed the House are sent to the House
● Conference Committee
○ Conference committee resolves differences between House and Senate
○ versions of a bill
○ Compromise version may not contain any new material
○ Each house must approve the Conference Committee bill and no
○ amendments may be added
● Presidential Action
○ President may sign the bill, veto the bill, allow the bill
○ to become law without signing, or pocket veto the bill
○ Vetoed bills are returned to Congress where they may
○ be overridden by a two-thirds vote in each house and

discharge petition - A discharge petition is a method of bringing a bill out of

committee and to the floor for consideration without a report from the
committee
● It becomes necessary when a committee chair refuse to place the bill
on the committee’s agenda
● The discharge petition gives more power to individual members of the
House of Representatives and takes a small amount of power from the
leadership and committee chairs
Seven Roles of the President
● Head of State
● Chief Executive
● Chief Legislator
● Chief Diplomat
● Commander-in-Chief
● Chief Economic Planner
● Party Leader
Formal Powers - Powers in the Constitution
Informal Powers - Powers presidents have given themselves
● Issue an informal budget
● Budget and Accounting Act
● Propose legislation and influence to get it passed
● Signing Statement
mark-up - Amending and voting process in a congressional committee
● Rewrite a bill into its final form after hearings have been held on it

filibuster - Used in the Senate to extend debate on piece of legislation as

long as possible, typically with the intended purpose of obstructing or killing
it
● It is unlimited debate

cloture - The process to end a debate in the Senate, as a measure against

the filibuster
● Invoked when three-fifth of senators for the motion

hold - Informal practice by which a senator informs his or her floor leader
that he or she does not wish a particular bill or other measure to reach the
floor for consideration
● The majority leader need not follow the senator’s wishes, but is on
notice that the opposing senator may filibuster any motion to proceed
to consider the bill

pork barrel legislation - Federal spending intended to benefit a particular

district or set of constituents
● When funds are directed to a specific purpose or project, they are
known as earmarks

logrolling - An attempt by members to gain the support of other members in

return for their support the member’s legislation

riders - Additions to legislation which generally have no connection to the

legislation
● Generally, legislation that would not pass on its own merit
● When a bill has lots of riders it becomes a “Christmas tree bill”
amendments - Additions or changes to legislation that deal specifically with
the legislation

lobbying

legislative veto

divided government - Occurs when one party controls the executive branch
and another party controls one or both houses of the legislative branch

political polarization

Federalist No. 51 - Ambition to stop ambition

● Rivalry between the legislative branch and the executive

Difference between each branch of government

● Different Constituencies
● Internal Design of the Institutions
● Info and Expertise
● Different Timelines
● Competing Campaigns
● Party Loyalty and Expectations
● Bargaining and Compromise

Federalist No. 70 - unitary executive created by Article II of the United

States Constitution. According to Alexander Hamilton, a unitary executive is
necessary to: ensure accountability in government. enable the president to
defend against legislative encroachments on his power.

Twenty-Second Amendment
Twenty-Fifth Amendment

impeachment - The House may bring charges, or impeach, the president,

vice president, or any civil officer
● Case is tired in the Senate acting as the jury

electoral college - 270

● Number of House members and Senators
● Electors get 2 votes
● 12th Amendment
● House picks president if there is a tie in the electoral college
● Senate picks the vice president if there is a tie in the electoral college

executive agreement - president agrees to something with another country

without addressing congress

pardons

pocket veto - Don’t veto or sign legislation

executive orders - Just happens and the President writes it - like a law

Executive Powers - Faithfully execute the laws

● Preside over the cabinet
● Nominate judges to the Supreme Court
○ Ambassadors and other officers of the US (Consent of the
Senate)
● Fill vacancies when the Senate is in recess
executive privilege - Introduced first by Washington
● Ability of President to withhold information from Congress and the
People

United States v. Nixon (1974) - Nixon abused executive privilege and was
impeached

Legislative Powers - Sign or veto legislation

● Give the State of the Union
● Convene special sessions of congress
Diplomatic Powers - Make treaties with the Consent of the Senate
● Appoint ambassadors and diplomats
● Receives ambassadors from foreign countries
● Recognition of foreign countries

signing statements

War Powers Act - It sought to restrain the president’s ability to commit U.S.
forces overseas by requiring the executive branch to consult with and report
to Congress before involving U.S. forces in foreign hostilities.

bully pulpit - Theodore Roosevelt - A public office or position of authority

that provides its occupant with an outstanding opportunity to speak out on
any issue.

going public

rally around the flag effect

seven roles of the president

White House staff

Executive Office of the President

bureaucracy

Civil Service

merit system

Hatch Act

cabinet

White House Office

Office of Management and Budget

Executive Departments