APGOV Chapter 4

What different characters and responsibilities did the framers design for each house?

- Senators are more separated from the public with 6 year terms and they have more constitutional responsibilities compared to the house because they represent the entire state (or the state). -Compared to the house where there are 2 year terms and congressional districts are smaller giving a more constituent-representative relationship (except for 7 states where there is 1 representative -Senate used to be elected by the states (a form of elite democracy) but now with 17th Amendment (1913) it's the people who directly elect their senators - Both Chambers must approve legislation preventing rash laws getting pushed through protecting majority and minority rights - House get two year terms and every house member is up at the same time

What bills can ONLY originate in the house? Why do you think that is?

-Both can pass legislation except for tax and revenue law by which the house can only do and only needs a simple majority to pass and is sent to the president -Because the house is the most democratic part of the government and therefor taxation with representation

Define Caucuses:

-Caucuses are groups of people that can form in congress that can have closed door meeting to form policy around an interests and make strategy -Example like Republican and Democratic Party and Women and Farmer groups

Senate - Members, Terms, and Constituencies

100 members 6- year terms Unlimited terms

House of Representatives - Qualifications

25yr old Citizen for past 7 years Resident of state they represent when elected

Senate - Qualifications

30yr old Citizen for past 9 years Resident of state they represent when elected

House of Representatives - Members, Terms, and Constituencies

435 members 2 year terms Unlimited terms

Define Germane:

A member may not speak for more than an hour and typically speaks for less. Thes legislators can off only germane amendments to a bill, those directly related to the legislation under consideration.

Define Bicameral:

A two house legislature

Define Riders:

Additional ideas and programs can become attached to the original bill. The nongermane amendments, or rider, are often added to benefit a member's own agenda or programs or to enhance political chances of the bill

Define Pork-Barrel Spending:

Are funds earmarked for specific purposes in a legislators district. Members of congress try to bring home the bacon by attaching riders on bills to help their district

Where can we find enumerated powers in the Constitution?

Article 1, Section 8 of the Constitution

What are the problems with pork barrel politics? See "The Bridge to Nowhere." pg 117.

Because in an effort to look good senators are starting to waste taxpayer money on projects that are not needed

Baker v. Carr (1962)

Can the Supreme Court render Judgment on the constitutionality of legislative districts ? Yes for Baker, 6:2

What do the party caucuses do at the start of each congressional term?

Caucuses start each congressional term in each house by electing their leaders in odd years. The four party caucuses gather privately after elections but right before congress opens to determine their choices for Speaker and other leadership positions. The Speaker of the House, The President of the Senate, and the president pro tempore of the senate

House of Representatives - Structures and Processes

Centralized and hierarchical Rules Committee (Majority Party) Controls agenda Limited debate time Powerful Speaker of the House Focus on revenue and spending

Why does Congress appear to have such a bad image?

Comedians like Jon Steward, the Media, conflicts of interest, and increase number of scandals have given the institution a black eye

How has Congress tried to regulate commerce over the years? What programs were not successful?

Commerce clause is used for any interstate commerce and intrastate commerce Like for protecting the environment, regulations on factory pollutants, safety locks on guns and healthcare with ACA (Obama care) United States v Lopez did restricted congress's use of the clause

How are committees used in both chambers?

Committees are used in both houses as smaller groups of representatives that have a special expertise or interest in a subject of policy making more precise laws than an entire house or senate can do. These committees handle vast amounts of legislation. (for more efficient lawmaking)

What is the CBO?

Congress also created a congressional agency made of nonpartisan accountants called the congressional Budget Office (CBO). This professional staff of experts examines and analyzes the budget proposal and serves as a check on the Presidents OMB

What is the power of the purse?

Congress has the power to raise money and tax and appropriates and spends that money

What has Congress created or been involved in due to implied powers granted to them by the elastic clause

Congress used it in McCulloch v. Maryland when the court to create a National bank, created the department of education, defended marriage, and address various other modern issues outside the scope of article 1's enumerated powers

Define Gridlock:

Congress's effectiveness is determined by its ideological division, the changing nature of the job, the citizens lawmakers represent, and the way lawmakers represent them. Intensifying partisanship has caused gridlock - the congestion of opposing forces that prevents ideas from moving forward - within each house and between the congress and the President

What is a safe-seat congressional district and why would it be gerrymandered?

Districts in which a party consistently wins by more than 55% of the vote are considered safe seats. A safe seat in congress would be gerrymandered because it will provide an easy victory for one party making the primaries the real election with more radical conservative and liberal candidates winning because they don't need to compromise as much

Shaw v. Reno (1993)

Does a congressional district designed for the purpose of adding a majority black population, violate the fourteenth Amendment's equal protection clause? Yes, for Shaw 5:4

Why do you think the percentage of total revenue from Individual Income Tax dropped in 2010?

Either tax cuts or other areas got taxed more

How is congressional behavior influenced by election processes, partisanship, and divided government? Complete the chart below.

Factor the Influences Congressional Behavior Gerrymandering Executive and Legislative branch different parties Gridlock: Supreme court shenanigans Impact of the Congressional Behavior More radical Congressmen Gridlock Little bills get passed and causes less compromise and more divide Congressmen being hypocrites either rushing judges into office or stalling them out depending of the party of the president

SELECTED CONGRESSIONAL COMMITTEES AND KEY POLICY FOCUS IN THE 116th CONGRESS - Senate

Finance Oversees spending and budgeting Armed Services Oversees the military Foreign Relations Guides U.S. foreign policy Judiciary Confirms judges; oversees courts Agriculture, Nutrition, and Forestry Address farming, food and nature

Define Redistricting:

Following the constitutional required census every ten years, the reshaping of congressional districts based on shifts in population has influenced congressional behavior. State legislates' redistricting processes are often competitive and contentious, and members of both parties vie to strengthen their party's chances of winning congressional elections. The redistricting process has increased partisanship and decreased accountabilities. Whoever has the majority party in the state legislature often determines the new statewide congressional map to the benefit of their party.

Define Speaker of the House:

House leaders Atop the empower pyramid in the House of Representatives is the Speaker of the House, which is the only house leadership position mentioned in the Constitution. As the de facto leader of the majority party in the house the speaker wields significant power. The Speaker recognizes members for floor speeches and comments, organizes members for conference committee, and has great influence in most matter of lawing

What is the largest category of discretionary spending?

Human Resources

Which solution do you think is best and why?

I think Proportional Gerrymandering is the best solution because it hires back the weasel and pays him extra to redraw the lines to make the elections as close as possible. This would be better than a bipartisan committee who make s the elections as safe as possible and the shortest split line method where there could still be skewed results because of bad luck.

How does the Senate participate if an official has been convicted of impeachment charges by the House?

If the house does impact then the senate can try and if found guilty, remove the official from office with a 2/3 vote

Define Implied Powers:

In the case of the United States Government, implied powers are powers Congress exercises that the Constitution does not explicitly define, but are necessary and proper to execute the powers. This is also called the elastic clause it implies that the national legislature can make additional laws intended to take care of the items in the enumerated list giving congres flexibility

The highest percentage of revenue comes from where?

Individual income tax with 49.6% of total revenue

What are the U.S. government's sources of revenue? Describe each of them.

Individual income taxes - taxes paid by workers on the income they made during the calendar year. People pay different tax rates depending on their income level. Corporate taxes - taxes paid by businesses on the profits they made during the calendar year Social insurance taxes (sometime called payroll taxes) - taxes paid by both employees and employers to fund such programs as Social Security, Medicare, and unemployment insurance Tariffs and excise taxes - taxes paid on certain imports or products. The tariff on imports is meant to raise their price so US made goods will be more affordable and competitive. Excise taxes are levied on specific products - luxury products, for example, or products associated with health risks, such as cigarettes - as well as on certain activities, such a gambling Other sources - taxes that include interest on government holding or investments and estate taxes paid by people who inherit a large amount of money

Define Necessary and Proper:

It gives congress the power "to make all laws which shall be necessary and proper for carrying into Execution the foraging powers" This is also called the elastic clause it implies that the national legislature can make additional laws intended to take care of the items in the enumerated list giving congress flexibility

Assigning Bills to Committee What are the three stages a bill goes through in committee? Explain them.

It goes through hearings, markup and reporting out. If the committee orders a bill then hearing, expert testimony and thorough discussions follow. The chair will call for a published summary and analysis of the proposal with views from other participants like an interest group or executive branch. Then it goes through markup where committee member amend the bill until they are satisfied with it Then once the bill passes committee vote it is reported out to the house and senate for debate A pigeon hole is when a bill is decided not to move it forward for debate until a later time if at all

Who are the current majority and minority whips?

Jim Clyburn (D) Steve Scalise (R)

Senate - Structures and Processes

Less centralized Committees do not have as much authority Looser debate (filibuster allowed but limited by cloture vote) Focus on Foreign policy Leaders less powerful except for the powerful majority leader

Define Ways and Means Committee:

Members want to serve in this house committee that is exclusive to the house that determines tax policy. The committee is the first to outline details when proposals are put forward to raise or lower income taxes

Who is the current Senate majority leader and which party do they belong to?

Mitch McConnell Kentucky Republican

Describe the socio-economic, education background, gender, and religious makeup of the 535 voting members of the 116th Congress. Is it an accurate reflection of the United States, why or why not?

Most if not all of the 535 congress members are well educated, wealthy, and christen, with a majority being older white males. It not a real accurate representation of the United states because most of these congressmen are better educated due to them being wealthy and almost ⅕ of them have served in the military which does not reflect ⅕ of America's population and only about 1/4 of congress is females

Define Floor Leaders:

Next down are the majority and minority leaders. These Floor leaders direct debate from among their party's members and guide the discussion from their side of the aisle. They are the first members recognized in debate and are the spokesperson for the party. They offer their messages through new conferences and in interviews on cable networks and sunday talk shows

In the 1970s, Congress created what office?

Office of Management and Budget and established the budgeting process with the congressional Budget and Impoundment Control Act

How many members of the Senate are up for re-election at one time? Why is this and what is our source for this information?

Only ⅓ of the senate are up for re-election at one time making it a continuous body and the six year terms allow some ability to temper the popular ideas adopted by the house, since senators do have to worry about being voted out of office soon

House of Representatives - Unique Powers

Originates revenue bills Initiates impeachment Breaks tie for president in Electoral College

Define 17th Amendment:

Passed in 1913 it gave the people the direct election of senators instead of the states

Who is the current Speaker of the House? Which party do they belong to?

Paul Ryan of the Republican Party had the seat until in 2019 when the Democratic Party retook the house putting back in the 2007 speaker Nancy Pelosi (D-CA)

What are the structures, powers, and functions of each house of Congress? Complete the chart below.

Powers, Structure, and Function of the Senate Provides "advice and consent" on treaties and presidential appointments Handles trial of impeached officials 100 members 6- year terms Unlimited terms Less centralized Committees do not have as much authority Looser debate (filibuster allowed but limited by cloture vote) Focus on Foreign policy Leaders less powerful except for the powerful majority leader Powers, Structure, and Function of the House of Representatives Originates revenue bills Initiates impeachment Breaks tie for president in Electoral College 435 members 2 year terms Unlimited terms Centralized and hierarchical Rules Committee (Majority Party) Controls agenda Limited debate time Powerful Speaker of the House Focus on revenue and spending

Senate - Unique Powers

Provides "advice and consent" on treaties and presidential appointments Handles trial of impeached officials

What is racial gerrymandering?

Racial Gerrymandering is the international drawing of legislative districts on the basis of race and have been the subject of scrutiny for diluting their vote and there for violating the fifteenth amendment voting rights and the other way around packing them making it violate other voters' rights to equal protection under the fourteenth Amendment

Define "Lame Duck" President:

Republicans called Obama a Lame duck President when he tried to fill the seat of Antonin Scalia in His last term. Is an executive who has not won re election or who is closing in on the end of the second presidential term, highlighting the partisan divide in government

What roles do support staff take on?

Research gathering and bill making

What is the nuclear option? (outside research)

Rule 22 or the cloture rule was created where it enabled and required a two-thirds supermajority to stop a debate on a bill, thus, stopping a filibuster and allowing for a vote. And in 1975 it became ⅗ where a senator can speak for only an hour

How do the structures, powers, and functions of Congress affect the policy-making process? Complete the chart below.

Senate Committees and Policymaking Finance Oversees spending and budgeting Armed Services Oversees the military Foreign Relations Guides U.S. foreign policy Judiciary Confirms judges; oversees courts Agriculture, Nutrition, and Forestry Address farming, food and nature Unique Rules and Procedures Cloture Rule: Hold: Unanimous Consent :Filibuster: House of Representatives Committees and Policymaking Ways and Means Determines tax policy Rules Determines House proceeding Armed Services Oversees the military Judiciary Draft crimes bill; impeachments Energy and Commerce Regulates energy and business Unique Rules and Procedures Germane: Rules Committee: Committee of the Whole: Discharge Petition:

Define Filibuster:

Senators have strategic ways to use their debate time. For example, they may try and stall or even kill a bill by a nomination or to let the time run out on a deadline for voting on a bill by speaking for an extremely long time, a tactic known as the filibuster. Filibusters are a Senate procedure that any senator may invoke and use to wear down the opposition or extract a deal from senate leadership and compared to the house where only the speaker and the majority and the minority leader can speak as long as they want

FOREIGN AND MILITARY POWERS - The President

Serves as Commander in chief of the armed forces Appoints ambassadors and receives foreign ministers Negotiates treaties with other nations Issues executive agreements with other heads of state Commissions the military officers of the United states

Define Trustee Model:

Some members, especially in the Senate, vote according to the trustee model. Representatives believe they are entrusted by their constituency to use their best judgment, regardless of how constituents may view the issue. This approach sidesteps any concern over an uninformed constituency reacting from emotion rather than reason and knowledge.

Define Standing Committees:

Standing committees or permanent committees are focused on a particular policy area. Members of congress can specialize in a few topics and become experts in these areas. Like the Energy and Commerce Committee ect. Committee chairpersons are the senior members in the majority party experienced on that committee. The "vice chair" or ranking member is the senior committee member from the minority part the majority party always holds the majority of the seats on each committee and therefore controls the flow of legislation because a bill must clear committee with a majority vote before it can be moved to the house or senate floor for a vote

COMMITTEE TYPES

Standing: permanent committees that handle most of Congress's work Joint: Member of both houses that address a long-term issue or program Select or Special: temporary committee that handles a particular issue or investigation Conference: House or Senate members who reconcile similar bills

Who are the current floor leaders for the Democratic and Republican parties

Steny Hoyer (D), Kevin McCarthy (R)

Define Committee of the Whole: Discharge Petition:

The Committee of the Whole is exclusive to the house and it includes but does not require all representatives. The Rules are much more relaxed than a normal committee. It was created to allow longer debate among fewer people and allow members to vote as a group rather than in an individual role call. And the Territories representatives like puerto rico and guam can vote on these bills too. Then once the bill is finished they will send it to the house in what's called the rises and reports.

Who is the President of the Senate? Are they a voting member?

The Constitution names the vice president as the nonvoting President of the Senate, but vice presidents in the modern era are rarely present and therefore the majority party will share presiding duties. And if there is a tie the VP can break it

Define Discharge Petition

The Discharge petition can bring a bill out of a reluctant committee. The petition's required number of signatures is at a simple majority of 218 and they can bring the bill out of the committee for public discussion. It prevents a minority for stopping a majority on advancing the bill and is a way to circumvent leadership

Define Enumerated Powers:

The Framers assigned congress a limited number of specific powers or enumerated powers outlined in Article 1, Section 8 of the Constitution or also referred to as the expressed powers, these laws allow for the creation of public policy - the laws that govern the United States

Define Rules Committee: Committee of the Whole: Discharge Petition:

The House Rules Committee is very powerful. It can easily suppose a bill or define the guidelines for debate because it acts as a traffic cop to the house floor. Nothing reaches the floor unless the Rules Committee allows it. And the committee usually reflects the majority which impacts every house bill

The OMB is in charge of considering what?

The OMB is the president's budgeting arm. Headed by a director who is essentially the president's accountant, the OMB considers the needs and wants of all federal departments and agencies, the fiscal and economic philosophy of the president, federal revenues and other factors to arrange the annual budget.

What model do you feel elected officials should be using? Explain your reasoning.

The Politico Model because sometimes it is important to go against what may be popular but an unreasonable opinion

Define: Reapportionment:

The Reapportionment Act of 1929 mandates the periodic reapportionment and redistribution of US congressional seats according to changes in the census figures for house congressional seats

Define Senate Majority Leader:

The SML wield much more power in the senate than the vp and pro term do and is the chief legislator, the first person the chair recognizes in debate and the leader who sets the legislative calendar and determines which bills reach the floor for debate and which ones do not. The Majority leader also guides the party caucus on issues and party strategy. Senate leaders do not have final say in decision of individual party member and the senate's less formal rules for debate enable members to address colleague and public more easily than in the house sometimes called the majority pleader

Which chamber has the advice and consent power?

The Senate

Define Unanimous Consent:Filibuster:

The Senate also uses measures that require higher thresholds for action than the house that slow it down or speed it up This includes Unanimous Consent which needs the approval of all senators. Before the senate take action the acting senate president requests unanimous consent to suspend a debate if anyone objects the motion is put on hold or at least stalle for discussion and for discussion

What occurs every 10 years that can change the proportional number of seats?

The US Census

Define Whip:

The Whip is in charge of part discipline. The whip keeps a tally of votes among his or her party members, which aids in determining the optimum time to vote. They strong-arm party members into voting for party policy by using party endorsements and political favors. The whip also make sure member act in an ethical and professional way and can ask a member to step down from a committee or from congress entirely due to scandal

Define Deficit:

The difference between spending and revenue close to a trillion dollars in 2019 is the deficit

Describe impeachment and which chamber has the power to bring impeachment charges?

The impeachment process starts in the house where if a ⅔ majority votes to impeach then the president is sent to the senate for trail

Define Sponsor

The member who introduces it and typically assumes authorship

Define Politico Model:

The politico model of voting attempts to blend the delegate and trustee models. HThat is, lawmakers consider a variety of factors and decide their action or vote for whater political calculation makes the most sense to them at the time, especially when there seems to be little public concern. On matters generating strong public opinion, representatives using the politico model would take those opinions strongly into account.

What has caused some of the partisanship in Congress?

The reshaping of HOuse voting districts has created one-party rule in several districts, making winning legislative seats too easy for some members and practically impossible. Bitter election contests and longer campaign periods have put Democrats and Republicans members at further odds. As Republicans retired more Conservative Republicans have taken their place, Southern Democract once a moderating force have all but disappeared. Party line voting is much more common than it once was, while straying from party position has become dangerous for those interested in reelection

Why is the Senate more involved in Foreign policy? What evidence do you have to support your conclusion?

The senate has more foreign relations duties the framers gave the upper house the power to ratify or deny treaties with other countries. The Senate also confirms U.S ambassadors. Because the Senate is maller and original served as agents of the states the framer gave it more foreign policy power than the house and federalist 75 supports that

Summarize the key rules that are unique in the House during the policymaking process.

There are limitations for how long a member can speak typically only an hour most of the time less than In the house, amendment to bill typical must fir be approved by the committee overseeing the bill The Speaker of the house controls the chamber debates and to help the efficiency of house work

How do legislators determine what people want when voting on a bill?

They hold town hall meeting, examine public opinion polls, and read stacks of mail and emails to get an idea of their constituents' desires

Besides creating bills and confirming appointments, committees serve an important oversight role; describe their role of congressional oversight.

They oversee how the executive agencies administer the laws Congress creates. Through its committees congress conducts congressional oversight to ensure that executive branch agencies such as the FBI or the TSA are carrying out the policy or program as defined by congress and call directors to testify if they think there is wrongdoing

Define Advice and Consent:

This power allows senators to recommend or reject major presidential appointees such as Cabinet secretaries and federal judges. Senators often recommend people for positions in the executive branch or as U.S. district judges to serve in their states. High-level presidential appointment must first clear a Senate confirmation hearing

Define Omnibus Bill:

This type of bill includes multiple areas of law and/or addresses multiple programs. A long string of riders will earn the nickname the christmas tree bill because so many legislator have changed it, it looks completely different

Define Delegate Model:

Those members trying to reflect the will of their constituency, especially in the house, follow the Delegate model. Representation can be substantive - that is, advocating on behalf of certain group of constituents - or it can be descriptive, advocating not only for the view of constituents but also for the factors that make those constituents unique, such as geography, occupation, gender, and ethnicity

Who actually ends up writing the bill?

Usually staffers with expertise lobbyists white house liaisons or outside professionals

Discuss Trump's SCOTUS appointments of Justice Gorsuch and Justice Kavannaugh. Was it a quick and easy confirmation? Explain.

Was a quick and easy confirmation because the senate was also republican and they wanted to get the seat filled and even though Kavanaugh was accused of sexual misconduct his still got his seat on the supreme court

What are some examples of standing committees mentioned in AMSCO and what do they do?

Way and means committee - tax policy, Transportation and Infrastructure - creation and maintain of US highways regulates airports and gives billions in grants House Judiciary Committee - draft crime bills and define illegal behavior and outline appropriate punishments including impeachments

SELECTED CONGRESSIONAL COMMITTEES AND KEY POLICY FOCUS IN THE 116th CONGRESS - House

Ways and Means Determines tax policy Rules Determines House proceeding Armed Services Oversees the military Judiciary Draft crimes bill; impeachments Energy and Commerce Regulates energy and business

What are the three categories of government spending? Summarize each of them.

What are the three categories of government spending? Summarize each of them. Mandatory spending - Spending required by law or mandated for certain programs like social security Medicare Medicaid unemployment insurance, and other special funds for people in temporary need of help discretionary spending - is funding that congressional committees debate and decide how to divide up interest on debt - and interest payments are part of annual budget and must be put in because the federal government owe people money or they would have to default which would lead to a crisis

What causes a divided government?

When the president and congress are different parties It fuels partisan gridlock especially with judicial nominations. As the supreme court has become the arbiter of law on affirmative action, abortion, marriage equality, and gun rights, the fight between the parties about who sits on the Court has intensified

Gerrymandering:

When there are illogical district lines drawn to give the advantage to one party is called gerrymandering.

FOREIGN AND MILITARY POWERS - Congress

While congress can not direct the army they can raise all of the forces give them pay and and declare war has the exclusive power to declare war Funds the military, foreign endeavors, and foreign aid Has oversight of state and defense departments and relevant agencies Can institute a mandatory military draft to staff and forces Confirms presidential nominations for ambassadors and high ranking military personnel- the senate only Ratifies treaties with other nations by a two thirds vote - the senate

Is his criticism fair? Why or why not?

Yes because if the government said the air was safe for first responders to help on ground zero on 9/11 and they all get sick because it turns out the air is not safe then the government owe them at least the support for their recovery

Define Swing Districts:

districts with the party in closer elections with under 55% of the vote are referred to as marginal seats or Swing districts

Define Hold: Unanimous Consent:Filibuster:

hold, a measure to stall a bill Senators will place holds on presidential appointments to a motion as a bargaining tool This got wilson really mad because the senate did this to stop the his armed neutrality plan and wanted to armed merchant ships and called out how the senate is the only body where the minority can stop the majorit

Define Logrolling:

trading votes to gain support for a bill. By agreeing to back someone else's bill, member can secure a vote in return for a bill of their own

How many bills are typically introduced and how many actually become law?

with S.1 or H.R1 and oly about 9% of bills make it to become law