POLSC232 Study Guide

Unit 4: American Political Institutions

4a. Explain the roles, duties, structure, and functions of the U.S. Congress

What is the structure of the House and the Senate?
What are the differences between the two houses of Congress? How do their roles differ and overlap?
What are the similarities and differences between the Senate and House of Representatives when it comes to their structure, roles in government, and the rules for how they function?
What are the powers of the legislative branch of government?
Which article of the Constitution addresses the legislative branch?
How does the modern Congress differ from what the Founders created in 1789?
What demographic and sociological changes have influenced these changes in Congress?
What have been some differences between Congress throughout history?
How has the structure of Congress changed over time?

The United States has a bicameral legislature, which means it is composed of two houses: the House of Representatives and the Senate.

The House of Representatives includes 435 representatives elected by congressional districts in each state. The number of representatives each state elects is based on population and fluctuates according to the percentage of Americans who live in each state. For example, when the population in New York decreases and Arizona increases, New York loses representatives while Arizona gains. Each representative serves a two-year term and can run for re-election an unlimited number of times. In other words, they do not have term limits.

The Senate includes 100 senators (each state elects two senators) who each serve a six-year term without term limits. While each House representative is only responsible to the citizens who live in their district, each senator represents the entire population in their state.

Members of the House and Senate have different responsibilities but share others. For example, they share the power to implement and collect taxes, declare war, regulate commerce among the states and with foreign countries, raise an army and navy, and propose and pass amendments to the Constitution. However, only the House can initiate bills that raise revenue, such as taxes. Only the Senate ratifies treaties with foreign countries and approves presidential appointments, such as for the Supreme Court or members of the Cabinet.

A legislative bill must pass the House and Senate (and be signed by the president) to become law. While both houses can initiate legislation, only the House can initiate bills that raise revenue. According to the Constitution, the president "shall nominate, and by and with the advice and consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States… (Article 2, Section 2)". The Senate also has the power to ratify treaties with foreign countries.

House members must be 25 years old and citizens for seven years. Senators must be at least 30 years old and citizens for nine years. Senators represent their entire state, while House members represent their individual districts.

Every two years, the entire membership of the House is elected. At the beginning of the new term, members vote on the rules that will apply for the next two years. We call the Senate a "continuous body" because only one-third of senators are elected every two years (two-thirds remain current members). The Senate does not adopt new rules every two years but tends to follow tradition and precedent when determining procedure.

The House of Representatives can impeach a government official, while the Senate has the sole power to conduct impeachment trials. When the president of the United States is tried, the Chief Justice presides. Since 1789, the Senate has tried 17 federal officials and two presidents.

The legislative branch of government is responsible for writing and passing laws to govern the country. Its powers are outlined in Article I of the Constitution, which establishes a bicameral legislature and vests it with the authority to make laws and perform other duties, such as to lay and collect taxes, borrow money on the credit of the United States, regulate commerce among the states and with other countries, coin money, establish post offices, declare war, and raise an army and navy.

Demographics refers to the statistical data that describes the population in a certain area. For example, we often divide groups based on age, education, ethnicity, gender, income level, marital status, occupation, profession, and race. In the early days, U.S. legislators could ignore women and enslaved populations without suffering political consequences. The recognition that the U.S. Constitution gives every man and woman the right to vote and demographic changes forced politicians to support political platforms and policies that appealed to new populations.

After the Civil War and the passage of the 15th Amendment (1870), legislators in many southern states passed Jim Crow laws which required citizens to pay poll taxes, pass literacy and comprehension tests, submit to property ownership requirements, and present certain identification documents, such as birth certificates, to vote. These laws prevented most African Americans and many poor white voters from voting in elections. While the Voting Rights Act of 1965 has helped alleviate most of these injustices, restrictions continue to prevent certain citizens from voting.

The 19th Amendment (1920) affirmed women had the right to vote as part of the U.S. Constitution. The passage of the 15th and 19th Amendments and shifting demographics have created a more diverse legislative body, as women, African Americans, and other people of color have won elected office. Review the civil rights movement in more depth in Unit 5.

Changes in employment opportunities, economic status, gender politics, immigration, internal migration, and religious identity can alter the demographics and political participation in individual districts, states, and the country. Changing demographic patterns, such as migration from rural to urban areas or from the South to the North, can also alter the makeup of political parties, such as where they are most popular and more likely to be elected. The voters who turn up at the polls can change the kind of candidates who are successful in different districts and regions of the country.

In addition to the demographic changes, the procedures, size, and focus of Congress have changed and evolved as the country has expanded. For example, until the total number of representatives in the House was capped at 435 with the Permanent Apportionment Act of 1929, each state had one representative and one for every 30,000 people in the state. Consequently, the House expanded as the population grew until 1929. The Senate has also grown as Congress has admitted new states into the United States.

In addition, House and Senate leaders periodically modify their roster of subcommittees and committees to address relevant or pressing issues of the time. For example, they may combine or change the focus of existing committees or create new committees that reflect new federal or executive branch priorities. They may also eliminate irrelevant committees. Congressional leaders may also form less-formal policy groups or caucuses to address certain policy issues or trends.

Congressional leadership positions frequently evolve to address issues of concern and reflect the leadership needs, capacities, and personalities of the day. For example, leaders who seek the limelight may vie to serve on committees that track foreign policy issues during wartime, regulate the banking industry during an economic recession, or participate on the Senate Committee on the Judiciary during confirmation hearings for nominees to the U.S. Supreme Court. Legislators also try to serve on committees that will address issues that are timely and relevant to the needs of their constituents.

To review, see:

4b. Explain the process of how a bill becomes a law

What is the approval process a bill follows before becoming law?
What is the Congressional budget process?
What is pork barrel legislation and log rolling? How do these concepts fit into the legislative narrative?
What is a congressional committee?
What is the difference between a standing, select, special, and joint committee? How do these committees factor into the legislative process?
What are the party leadership positions in Congress?
What role do party leaders play in Congress?

Making a law in the United States is a complex and lengthy process, and most of the bills members of Congress introduce never pass muster.

Any lawmaker (House member or Senator) can draft a legislative proposal, which they introduce to their respective house of Congress, although any laws relating to revenue must first be introduced in the House. The legislator is the bill's sponsor: others can join them as co-sponsors. Once introduced, bills are referred to the relevant subcommittee or standing committee. When members of the subcommittee or committee people cannot agree on the terms of the legislative proposal, we say the bill "died" in the subcommittee or committee, and it does not proceed.

Bills that originate in subcommittee proceed to the committee level for a committee vote. If it obtains a majority, the bill may reach the House or Senate floor for debate. At this point, other legislators can introduce amendments and additions to the bill while they debate the pros and cons of each facet of the bill. The original bill may change significantly during this process.

For example, lawmakers may change the specific language of the bill to benefit constituents in their district or state or add an amendment that is only remotely related to the purpose of the bill. We call these unrelated amendments pork barrel legislation, which many accept as necessary legislative components of lawmaking. Some call the practice of compromise and trading favors logrolling; the process lawmakers use to obtain enough votes to ensure a majority of legislators can support and pass their bill.

Once a majority of legislators in the House or Senate vote to approve the bill, a legislator from the other house will introduce a similar, if not identical, bill in their respective house. This legislation follows the same pathway: moving and gaining approval from the subcommittee and committee all the way to the House or Senate floor. The process offers the same opportunities for changes in language and the adoption of additional amendments.

Once the two companion bills have survived their respective House and Senate floor votes, the House and Senate leadership creates a conference committee, with members from both houses, to resolve any differences that exist between the House and Senate versions. Once differences are smoothed out (often accompanied by an official report to explain any salient details or areas of confusion), both houses call a final vote to approve or disapprove the combined final version of the legislation.

Once approved by both houses of Congress, the bill goes to the president's desk for signature. If the president signs the legislation, it becomes law. If the president vetoes the legislation, the bill is dead, or Congress can vote again to override the veto with a two-thirds majority vote from both houses.

Congressional committees review and amend legislation. They play a key role in the legislative process. They consult with outside experts to get opinions on legislation under consideration and determine whether a bill will proceed to the next stage in the legislative process. They may call a public hearing to invite experts to discuss different perspectives and respond to questions from the committee members.

These committees also oversee relevant executive agencies and conduct investigations into government affairs as necessary. For example, the armed services committees in the House and Senate study bills related to the military.

Standing committees are more permanent because they deal with areas Congress must consider on a regular basis. For example, in 2017, the Senate had 15, and the House had 20 standing committees. These cover issues such as agriculture, appropriations, armed services, banking, commerce, education, energy, environment, finance, foreign relations, healthcare, housing, judicial affairs, labor, and transportation.

Congressional leaders also create a select committee or special committee to investigate or study more specific issues or policy areas. The leadership typically tasks these committees with writing a report for members of Congress with the results of their investigation. Examples include the Senate Select Committee on Presidential Campaign Activities (Watergate Committee), which existed from 1972 to 1974, and the Select Committee on Energy Independence and Global Warming, which existed from 2007 to 2011.

Joint committees include members from both houses and deal with issues that require joint jurisdiction.

Both houses of Congress have several party leadership positions. For example, members of the House elect the Speaker of the House on the first day of a new Congress. The Speaker is responsible for ensuring that the House passes legislation supported by the majority party. The Senate majority leader performs a similar role.

In addition to taking the lead on House negotiations with the president and the Senate, the Speaker fulfills a variety of duties, including administering the oath of office to new representatives, referring bills to committees, putting questions to a vote, counting and declaring all votes, and appointing House members to select and conference committees.

The House majority leader serves directly below the Speaker in the leadership hierarchy and takes the lead in planning the legislative agenda and scheduling legislation for floor consideration. They often work behind the scenes to gauge member support for legislation before putting it to a vote. The minority leader speaks for the rights of the minority party and organizes any criticism or opposition against the majority party's policies. The whip for each party coordinates their respective network of party loyalists to build support for party initiatives and goals and communicate among the party leadership and members.

The Senate also has majority and minority leaders and party whips. In addition, they have a committee chair and conference chair, and conference secretaries.

To review, see The Legislative Process.

4c. Explain the role and constitutional powers of the presidency and vice presidency

Which article of the Constitution addresses the role of the presidency?
What powers and limitations does the Constitution give the presidency?
How does the constitutional system of checks and balances specifically affect the presidency? What powers does it give the president to check other branches of government? How does it limit presidential powers?
What are the formal powers of the presidency specified in the Constitution?
What informal presidential powers have emerged over time since the passing of the Constitution?
What powers and duties does the presidency have now that the office did not have when the Framers wrote the Constitution?
How has the presidency gained new powers?
What is the role of the media as the "fourth branch of government"?
How has the relationship between the media and the president changed over time?
What are the responsibilities and powers of the vice president?
How does the vice president influence politics in America?
What is the presidential Cabinet?
What were the original Cabinet positions, and how have they changed over time?

Article II of the Constitution establishes the office of the presidency and outlines its powers, responsibilities, and limitations. The president of the United States serves as the chief executive of the American government and commander in chief of the armed forces, with the power to make treaties, appoint ambassadors, nominate Supreme Court justices, and select several other officers who serve the United States. The Senate must approve any treaties and government appointments the president proposes by a two-thirds majority.

Article II specifies that the president must make a State of the Union address to Congress from time-to-time, and states that the "President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors".

The Framers wanted to avoid giving too much power to any one person or institution. So when they wrote the Constitution, they created a system of checks and balances to keep any one branch from becoming too powerful. In other words, each branch had a way to limit or contain the power of the others.

For example, the Senate must approve any treaties the president has brokered before they can become official policy and confirm many higher-level appointments before they can take office. Presidential power is also limited because only members of Congress can introduce new legislation. Congress also has "the power over the purse", which means that its legislators decide, through the legislation they pass, how to spend American taxpayer dollars.

The president has the power to veto any legislation Congress submits for presidential signature (an example of a presidential check on congressional power). However, Congress can overturn the veto with a two-thirds majority (an example of a congressional check on the president's power). The power of judicial review means the judiciary can overturn any legislation Congress and the president have passed that it deems unconstitutional. Neither Congress nor the judiciary can overturn a presidential pardon, although Article II states this right may be curtailed in cases of impeachment.

Article II of the Constitution specifies the formal powers of the presidency, such as the president's role as commander-in-chief and their right to make federal appointments. However, the president also has many informal powers.

As the country's most famous politician and representative of their party who was elected less than four years ago, the president often takes center stage in American politics. A popular president can use their office to persuade the public to support certain policies, oppose others, bring an issue before the public eye, or ignore its import. An effective president can help build public pressure to move legislative priorities through Congress.

The presidency has evolved beyond the explicit duties laid out in the Constitution as new challenges of governance have arisen and new technologies have made it possible for the president to exercise different kinds of power. Review presidential power in learning outcome 4k.

The evolution of modern news media has allowed the president to use their platform to garner support for their party's policies and campaign for other candidates for office, as mentioned above. For example, some consider Franklin Roosevelt the first modern president in this regard. His "fireside chats" used the medium of radio to make him a familiar figure in the lives of the American people. In the process, he also negotiated a political coalition and transformed American politics for years to come.

In recent decades, the office of the president has also laid claims to more expanded executive privilege, which is an argument for a right to confidentiality regarding certain activities of the president. The president can invoke executive privilege when asked to show documents regarding presidential decision-making that the president wants to keep confidential. However, this right is not absolute. If the legislature can prove their need for the information, they can demand it. In general, the courts tend to err on the side of trusting presidential claims of executive privilege.

Some of the major cases involving executive privilege in American history include the Watergate scandal under the Nixon administration, Iran/Contra under Reagan, and six different cases under George W. Bush, including a case involving alleged corruption in the FBI's Boston field office.

The media, sometimes known as the fourth estate or fourth branch of government, provides yet another check on power by making the government more transparent and accountable by informing the public about political activity. While most politicians tend to criticize the media for negative coverage, they recognize they also depend on the media to publicize their successes and help rally public support behind their policies. Today, our most credible media outlets try to be fair and nonpartisan. Review the role of the media in learning outcome 2i.

While America's first newspapers served as mouthpieces for the political parties, media outlets have adapted to fulfill new needs and expectations as Americans have become better informed and more interested in government affairs.

When newspaper coverage was the only game in town, journalists reported about the president, Congress, and Supreme Court fairly equally. However, this changed when radio and television provided a means to communicate directly with voters; the president became a scripted and prepared figurehead to share the most important news about politics in Washington. Media outlets were forced to cover the president earnestly, and the president, in turn, was subject to greater media scrutiny.

It seems like the Founders created the office of the vice president almost as an afterthought. Before the president and vice president became a political team with the passage of the 12th Amendment, voters cast separate ballots for the president and vice president. This selection process led to conflict when voters elected individuals from different parties with conflicting policy ideas. The individuals were expected to work together but often clashed.

The Constitution specifies only two official duties for the vice president: 1. to cast a vote as president of the Senate when needed to break a tie, and 2. to receive the certificates from each state to tally the number of electoral votes each candidate has received in a presidential election and announce the winner to members of the House and Senate. However, presidents have recently assigned additional responsibilities to the vice president, who can be a popular political campaigner and champion for presidential initiatives.

The Cabinet refers to the group of advisors who report regularly and directly to the president. In 2019, the Cabinet included the vice president and the Cabinet secretaries charged with administering 15 executive departments: Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, State, Transportation, Treasury, Veterans Affairs, and the attorney general. In 1789 the Cabinet only had four members: the Secretaries of State, Treasury, War, and the Attorney General. The Cabinet expanded as the country grew, governing became more complex, and presidential powers increased.

The Senate must confirm all Cabinet appointments, a process that offers senators the opportunity to question nominees about their qualifications, determine whether they have conflicts of interest, and review issues that could jeopardize the individual's ability to fulfill the duties of the position appropriately.

To review, see:

4d. Analyze the role of the bureaucracy as the implementation arm of the executive branch

What is the makeup of the Executive Office of the president (EOP)? What is its purpose?
When was the EOP established? What predated it?
What is bureaucracy?
Which three primary groups comprise the American federal bureaucracy?
What role does the bureaucracy plays in the American government?
What is the difference between merit hiring and patronage appointments?
What is Congress' responsibility to oversee the bureaucracy?
How can Congress influence the bureaucracy?

The Executive Office of the President (EOP) describes the group of federal agencies that serve and report to the president. Many were established by law, and some positions require Senate confirmation.

In 2019, the EOP included the Council of Economic Advisers, the Council on Environmental Quality, the Executive Residence, the National Security Council, the Office of Administration, the Office of Management and Budget, the Office of National Drug Control Policy, the Office of Science and Technology Policy, the Office of the United States Trade Representative, the Office of the Vice President, and the White House Office.

The structure for today's EOP was established in 1939, but presidents have always conferred with individuals for advice to fulfill their responsibility to administer the many executive branch agencies of government. For example, in 1916, during the Woodrow Wilson administration, Congress created the Council of National Defense. During the 1930s, President Franklin Roosevelt established the Executive Council and the National Emergency Council to provide regular up-to-date insight and advice.

According to Max Weber, bureaucracy is a form of organizing that includes a hierarchical structure, formal written procedures, and a staff of technical experts. While critics often complain about our vast government bureaucracy and the many civil servants who run its agencies, our government could not function without them.

Three primary groups categorize the American federal bureaucracy: Cabinet departments, executive agencies, and regulatory commissions. Congress delegates responsibilities for enacting public policy to these bureaucratic groups and gives them the resources they need to act. The civil servants who staff these bureaucracies are hired on the basis of merit and their requisite knowledge, skills, and abilities. However, some top positions are reserved for political appointments which the president may make according to a system of patronage or party loyalty. Since the Senate must approve political appointments, appointees usually need to possess some relevant qualifications to work in the area they will administer. The Pendleton Act of 1883 established this system of hiring civil servants and administrators according to merit or patronage.

Congress uses its powers of Congressional oversight to monitor the extensive executive bureaucracy. For example, House and Senate staffers gather information about the respective agencies and commissions and report to Congress and the public about how the offices are performing. This oversight can range from a single lawmaker who gets involved due to a constituent complaint to conducting major public or closed hearings and investigations.

The process is not centralized and does not follow a formal process every time. Instead, Congress responds to complaints from the public, interest groups, and the media to determine whether they need to investigate the relevant executive agency. This investigative role, and the fact that Congress determines the annual funding level and resource allocation for each bureaucracy, is another way Congress keeps tabs on executive branch activities. The Senators can also influence presidential appointments to key leadership positions in each bureaucracy.

Likewise, government bureaucratic agencies can influence Congress by building public support for their work. For example, depending on how the legislation is worded, the individual agency may have the authority to allocate the public funds Congress granted them, such as by awarding projects to recipients across several states and districts. In this way, grant recipients and other program supporters can publicly oppose Congressional staff members who attempt to defund popular initiatives.

To review, see:

4e. Discuss the constitutional origins of the judicial branch and the judicial selection process

Which article of the Constitution addresses the judicial branch?
How can the judiciary check the legislative and executive branches?
How did the Founders try to guarantee judicial independence in the Constitution?

Article III of the Constitution, which focuses on the government's judicial branch, establishes one Supreme Court and "such inferior courts" as Congress deems necessary. The jurisdiction of the court system includes all constitutional and legal matters that pertain to the laws and treaties the executive and legislative branches pass, interstate cases, and other areas. The Supreme Court has appellate jurisdiction for most cases, which means the justices typically only review cases a lower court has tried first and there are sufficient grounds for appeal.

The Supreme Court has the power of judicial review, which means it can overturn laws that the justices believe violate the Constitution, even after Congress has passed a bill and the president has signed it into law. This unique ability checks the powers of the other branches and gives citizens a place to turn when they believe a law is unfair.

The Founders protected judicial independence in the federal courts by giving each judge a lifetime appointment. In this way, a new president cannot remove judges a previous president appointed due to political disagreements. Only Congress can remove judges from office, for treason or other crimes, through a formal impeachment process. Likewise, the president and Congress do not have the authority to reduce a judge's salary.

To review, see:

4f. Analyze how the U.S. Supreme Court interprets the law, paying particular attention to the competing judicial philosophies of judicial restraint and judicial activism

What is the role of the Supreme Court?
Define and contrast the philosophies of judicial restraint and judicial activism.
What is judicial review?
What court case established the right of judicial review?
What role does judicial review play in American government?
What is the judicial selection process? Explain the roles of the executive and the legislative branches in the process.
How do politics factor into the selection process?
What is the filibuster, and how is it used in judicial confirmation hearings?

The Supreme Court has the power of judicial review, which means it can overturn laws it believes violate the Constitution, even after Congress has passed a bill and the president has signed it into law. This process can be quite complex when the justices have different approaches to interpreting the Constitution.

We categorize two approaches as following judicial restraint and judicial activism. Those who promote judicial restraint argue the Court should limit itself when interpreting the laws Congress and the president have passed, according to the strict principles specifically outlined in the Constitution. The Court should rarely strike down laws the executive and legislative branches have enacted.

Politicians who object to the direction the justices are taking on an issue frequently accuse judges of promoting judicial activism: they complain the judges have taken an inappropriately active role in interpreting the Constitution to reflect contemporary values, challenges, and injustices. They claim these issues should be left to the legislative and executive branches. They also argue the Court is more likely to reverse decisions by lower courts and overturn legislative proposals that run counter to their interpretation of how the Constitution applies in a given situation. Note that many of these same critics are quite happy to support judicial activism when the Court rules favorably on an issue they support or approve.

The Supreme Court case Marbury v. Madison established the principle of judicial review and cemented the Court's place as the final authority in interpreting the U.S. Constitution. Judicial review is one of the strongest checks the judicial branch has against the legislative and executive branches and ensures Americans can challenge laws that violate their constitutional rights.

Article II of the Constitution states the president must appoint judges with the "advice and consent of the Senate". While many believe presidents should nominate judges who share their philosophical outlook, some argue that senators should refrain from taking the nominee's legal philosophy into account when voting to confirm a new judge or justice.

Senators should determine whether a nominee is competent and free of ethical conflicts of interest, but confirmation may hinge on the nominee's view of the judiciary's role in the American legal system. This scrutiny dates back to the earliest days of the republic when the Senate rejected President George Washington's nominee John Rutledge. We see this divide most clearly when the president and Senate have differing political views.

Even when a Senate majority supports the president's judicial nominee, an opposing senator can filibuster the proceeding according to Senate rules. An individual senator has the right to unlimited debate on a subject the Senate is considering, which means they can delay or may even ultimately block a floor vote or judicial confirmation. A two-thirds majority of the Senate is required to close debate during a filibuster, a higher bar than the simple majority needed to confirm a nominee.

To review, see The Supreme Court, Judicial Decision-Making and Implementation by the Supreme Court, and The Supreme Court.

Unit 4 Vocabulary

Article I
Article II
bicameral legislature
bureaucracy
conference committee
Congressional committee
Congressional oversight
Executive Office of the President (EOP)
filibuster
House of Representatives
joint committee
judicial activism
judicial independence
judicial restraint
judicial review
logrolling
majority leader
Marbury v. Madison
merit
minority leader
patronage
pork barrel legislation
select committee (special committee)
Senate
Speaker of the House
standing committee
vice president
whip