Chapter 11/12
Executive Branch, Legislature
Zach Markon, Daniel Markon, and Chris Leppink-Shands
Legislature
The Origins and Powers of Congress
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Great Compromise
○ Senate: 2 per state
○ House: Based on population
Reapportionment
○ Redistribution of seats in the House based on the census
Duties
○ Declare War
○ Raise an army and navy
○ Regulate interstate commerce
○ Create federal courts
○ Borrow and coin money
Powers of Each Chamber
● House
○ Impeachment
■ A formal charging of a government official
○ Generate revenue bills
● Senate
○ Try impeachment cases
○ Approve nominations
○ Approve Treaties
Electing Congress
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Direct Vote
Incumbent-A current officeholder
○ Has Advantage
Descriptive Representation
○ The theory that we elect legislators that are similar in age, race,
religion, education, etc.
Gerrymandering-Redrawing congressional districts to favor one political
party
○ Racial Gerrymandering-Gerrymandering to help get a minority
elected
How Issues Get On The Agenda
● National Event/Crisis
○ 9/11 and TSA
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Presidential Support
Interest Groups
Constituents
Congress Must Weigh Issues
Lawmaking Process/Committees
● After Introduced Bills Are Assigned A
Committee
○ Most Bills Die Here
○ Most Amendments Made In Committee
● Passes Both Chambers
● President Must Sign
○ Veto-Rejecting A Bill
■ 2/3 Majority to Overturn
Committees
● Standing Committee
○ Permanent
○ Specific Policy Area
● Joint Committee
○ Made Up Of Both House And Senate Members
● Select Committee
○ Temporary
○ Specific Purpose
○ Disband After Goal Is Met
Committees
● Conference Committee
○ Temporary
○ Works Out Differences Between House and Senate
Versions of Bills
● Oversight
○ The Process of Reviewing an Agency to Determine
If It Is Carrying Out Policies As Intended
● Seniority
○ Decides Who Is On Which Committee
Leaders & Followers in House
● Speaker of the House
○ Duties not listed in Constitution
○ Presiding officer of House of Representatives
○ Currently John Boehner
● Majority Leader
○ Helps Speaker guide party policy
● Majority Whip
○ Rallies support for party legislation
● Minority Leader
● Minority Whip
Leaders & Followers in Senate
● VP of US is President of Senate
○ VP rarely actually visits Senate
● President Pro Tempore
○ Elected by majority party
○ Technically Chair of Senate in VP’s absence
○ Mostly honorary
● Majority Leader
○ Schedules legislation
○ Holds the real power in Senate
● Minority Leader
Rules of Procedure
● Filibuster
○ Senate has unlimited debate
○ Delaying tactic
○ Longest filibuster was 24 hours and 18 minutes
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Strom Thurmond (R-South Carolina) in 1957
Spoke against the Civil Rights Act
Read US Criminal Code, Voting laws of all 48 states
In 2013 Ted Cruz spoke against ACA (Obamacare), red Green Eggs and
Ham
● Cloture
○ Used to cut off a filibuster
○ Requires vote of 60 senators
The Legislative Environment
● Political Parties
○ Offer differing ideologies
○ Partisan politics
● Constituents
○ People who live/vote in a legislator’s district/state
● Interest Groups
○ Lobby legislators
The Dilemma of Representation
● Trustees
○ Rep. who is obligated to consider views of
constituents but not obligated to vote according to
those views
● Delegates
○ Legislator whose primary responsibility it is to
represent the majority view of constituents
● Differing opinions on which is correct
Pluralism, Majoritarianism, & Democracy
● Parliamentary System
○ System in which Chief Exec. is leader whose party
holds most seats in legislature
○ Most other countries have this
● No clear answer as to which is better
● Our system is a mix of Pluralism and
Majoritarianism
○ Serves minority interests, but also represent broader
interests of Americans
Executive Branch
Constitutional Basis of Power
● Post Revolutionary War
○ What do we need to not be like those other guys?
○ Congress is weak at the time
● Debates on presidential powers ensued.
○ One person or a committee?
○ Chosen by congress or separate entity
● Finally the president reflected checks and
balances system.
Powers
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Administrated head of the nation
Commander and chief of military
Veto legislation
Appoint officials
Make treaties
The Expansion of Power
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Formal Powers
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Inherent Powers
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Presidents have become more aggressive in their use of formal powers such as the veto
■ OR veto threats
More active in agenda setting
Not clearly stated or defined
■ Executive orders
■ Surveillance
Congressional Delegation of Powers
○ The process by which Congress gives the executive branch the
additional authority it needs to address a new problem.
War Powers Resolution(1973)
○ President must get explicit approval by congress to pursue armed
conflict
Establishment
● Executive Office
○ Extended White House executive establishment
■ President's inner circle
● Vice President
○ Takes over if something happens to president
○ Chosen to benefit political campaign
● Cabinet
○ A group of advisors; Head of executive departments
Leadership
● Character
○ Face of the nation.
■ Nixon and Clinton
● Power to Persuade
○ How good are they at using their skills
● Public appeal is a large part of leadership
Political Context
● Partisans in congress
○ Divided Government
○ Gridlock
● Elections
○ Electoral Mandate
■ Endorsement by vote. Usually to carry out policy.
● Political party systems
President as Nation Leader
● Political Values
○ Pushes important policy
■ Think Obamacare
○ Pushes their views of “The Role of Government”
● Chief Lobbyist
○ Uses power to influence congress.
○ legislative liaison staff
■ The link between White House and Congress
● Party Leader
President of World Leader
● Foreign Relations
○ Face of the nation
■ NATO
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Trade sanctions to prevent human rights violations
● Crisis Management
○ Brings people together in time of Crisis
■ Katrina
■ 9/11
■ Cuban Missile Crisis 1962
FRQ (2007)
Conflicts between Congress and the President over war powers have their
origin in the United States Constitution. In 1973 Congress passed the War
Powers Resolution in an attempt to clarify the balance of powers between the
two branches of government.
(a) Describe the primary constitutional conflict between Congress and the President
over the decision to go to war.
(b) Describe two provisions of the War Powers Resolution that were designed to
limit the President’s power over war making.
(c) The War Powers Resolution has received mixed reviews, but Congress has
other powers over war making. Other than the constitutional power that you
described in (a), identify and explain two other formal powers Congress has over
war making.
FRQ
(a) Describe the primary constitutional conflict between Congress and the
President over the decision to go to war.
● President is commander-in-chief
● Congress has authority to declare war
FRQ
(b) Describe two provisions of the War Powers Resolution that were designed
to limit the President’s power over war making.
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President must notify Congress within 48 hours of sending troops into
combat.
President must consult with Congress whenever feasible.
Conflicts are limited to 60 days unless Congress takes action,
Congress can extend time from the initial 60 days or can withdraw troops
after 60 days with adequate notification to the President.
FRQ
(c) The War Powers Resolution has received mixed reviews, but Congress has
other powers over war making. Other than the constitutional power that you
described in (a), identify and explain two other formal powers Congress has
over war making.
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Passing laws.
Appropriations (any mention of “funding”).
Confirmation of nominees.
Impeachment.
Treaty ratification.
Congressional oversight (hearings or investigations).
Kahoot!