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Thursday, March 27, 2008

AP Government: Chap 6-Module

Composition of the Senate:

  • Congress is made up two legislative houses
    • House of Representatives and the Senate
    • 100 senators, two from each state
    • Less than 1/4 the number of seats as the House
    • Senators represent a larger base of constituents than House members do
      • Senators must be at least 30 years of age
      • Must be resident of the state they're representing
      • Must have been US resident for at least nine years
      • Only 1/3 of the senate is up for reelection at a time
    • In the early years the senate thought they were superior to the House and they even snubbed Washington when he tried to use them for an advisory board
    • The House has often viewed the Senate as snobbish
      • House was designed to directly represent the will of the people and was therefore chosen by popular election
      • Senators were expected to represent the will and interest of those in power in a given state
      • Since the system for electing senators became corrupt, the 17th amendment was added in 1913 stating that senators shall be elected by the people through popular election
    • House members and senators tend to be white, male, wealthy, and have a law or business background
    • Congressional representation is described as substantive rather than descriptive representation

       
       

    Power, Committees, and Debates

  • Power in the Senate is not as clearly defined as it is in the House, and it's more widely dispersed
  • Constitution makes the VP the president of the Senate
    • The real power is held by the majority and minority leaders who dictate legislative agenda
    • The party whips are the senators who ensure good communication among party members and work with the party leaders to urge members to vote with the party on key issues
    • Committee and sub-committee chairpersons also command significant power
  • Constitution delegates specific powers to the senate
    • Power gives the Senate particular authority and influence over the president and executive department
    • Senate has power to confirm the most important presidential appointments
    • "Senatorial courtesy" is the practice whereby the president before making a judicial appointment in a particular state
    • When a candidate has made it through senate approval a simple Senate majority is required to confirm the appointment
    • Also has the right to confirm treaties and try impeached officers
    • 2/3 votes is required for a treaty confirmation
  • Senate committees operate similarly to the House committees
    • 16 standing committees
    • Senators try to serve on committees that will allow them to affect legislation that will impact their home state
  • Senate is different in how it conducts business and determines legislation
  • Senate has held itself out to be a contemplative body that is willing to spend more time discussing
  • Senate has opened and unrestricted debate on bills
  • Filibuster: Strategy used to lock legislation
    • Occurs when opponents of a proposed piece of legislation debate the topic as long as possible to prevent senate from voting
    • Filibuster can be deterred
      • Motion for cloture (vote to limit debate and end a filibuster can be entertained in the Senate
      • Senators voting usually vote along strict partisan lines and requires 3/5 majority to pass

         
         

         
         

    Route of a Bill through Congress

  • Bill: Piece of legislation that has been proposed, but not passed
  • Bills can come from many sources, but only the congress have the right to introduce them for consideration
  • Only pass 5% of bills proposed
  • Two types:
    • Public: affects all citizens and encompass such issues such as taxes and how government money is spent
    • Private: Affect small groups, individuals or places. Bills may appropriate money owed to citizens
  • Congress passes resolutions
    • Uses resolutions to state opinions on matters, change the procedures of their individual bodies, and address issues within the houses
    • Since resolutions pertain to the house of Congress, they are not laws, and president does not have to sign them
    • Joint Resolution: employed to address incidental or short-term matters
      • Once passed by both houses of Congress, a joint resolution becomes law, so the pres doesn't need to sign it
    • Concurrent Resolutions: Address situations in which the houses of Congress must act together
      • Congress issues concurrent resolutions to state its position on matters of foreign policy
        • Differ from joint resolutions in that once passed they do not become laws
        • Pres doesn't need to sign
  • After bills have been logged, the Speaker of the House assigns them to committees based on the nature of the bills
    • Matches each bill's content to a committee for consideration
  • Assigning bills to committees can be difficult when bills have overlapping area of concern
  • Committee assignment can be critical because the committees sort through bills and determine which ones will be considered
  • Once in committee a bill moves to a special sub-committee for consideration
    • Examines the bill, holds hearings, and adds amendments
    • The sub-committee votes on the bill
    • If approved the bill returns to the full committee for final discussion and approval
  • Rules Committee: Acts as the legislative clearinghouse
    • Assigns calendar date for the bill and rules that will limit how long the bill can be debated
    • Also decides not to assign rules for bills
  • Then passes to the House floor
    • Either the House can act as a Committee of the Whole or the House can debate, amend, and put the bill to a vote
  • Committee of the Whole: members of the House become one large committee
    • Accelerate the legislative process because only 100 members need to be present
    • When the house converts to the COTW the speaker becomes a member of the committee and a different rep. acts as the committee chair
    • COTW cannot pass a bill, so after the Committee finished discussion on a bill, its member disband
  • There are several methods of voting:
    • Voice vote: shouting 'yea' or 'nay'
      • Speaker declares outcome, but votes of individuals is not recorded
    • Teller vote: walk between two "tellers" appointed by the Speaker
      • Those voting in favor of the bill go first followed by those who are opposed
    • When one or more members disagree with the tally from voice vote the house holds another vote by division or standing
    • Roll-call vote: when one 1/5 of the house is present
      • Members respond individually with "yea" or "nay" when their names are called -Recorded
  • If the whole House approves a bill, the bill moves to the Senate
  • Senate acts on the bill like the house does
    • Assigned to a committee (uses same vote methods)
  • Four differences:
    • Senate does have a Speaker of the house, so the Majority Leader confers with the Minority Leader to decide which committee will handle a bill
    • Senators can add unlimited amendments to a bill including ones that do not relate to the context
    • Reps can serve on only one major committee at a time
    • Senate does not have a Rule Committee to limit debate time

       
       

    Veto Power and Judicial Review

  • After both the House and the Senate approve a bill it moves onto the president for his action
  • Four actions the pres can take
    • Pres can sign the bill into law
    • Veto the law
      • If he vetoes the bill it returns to its origin along with an explanation for the veto
      • Congress can accept the veto or it can vote to override the president's decision
        • Needs 2/3 vote
    • The bill sits on the president's desk for ten days excluding Sundays at the end of which it becomes law
  • Pres might choose to let the bill be law if it is highly controversial and contrary to his campaign promises
  • Constitution provides that the pres can use a pocket veto
  • Although the Congress can pass a bill and the pres can sign it into law
    • Judicial branch has final word
    • Judicial review provides that the Supreme Court can declare a law unconstitutional
    • Many laws have failed judicial review
    • Many groups lobby heavily for and against bills during all stages of the legislative process
    • Additionally the public can act as lobbyists by sending letters and e-mails and by making phone calls to legislatures
  • Congress members can also be called lobbyists by making deals with their fellow legislators
    • Sparring and deal making can be frenzied in cases of port-barrel legislation

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