UNIT VI: THE LEGISLATIVE

BRANCH

FRQ Review!

1999 Check your Ch. 14 Notes

A. Using your knowledge of United States government and politics, identify two budgetary barriers that hinder the creation of new policy initiatives.

B. Explain why each of the barriers you identified persists.

C. Using your knowledge of United States politics, identify one nonbudgetary barrier AND explain how this barrier hinders the creation of new policy initiatives.

Why the Federal Budget is so Hard to Control?

Reason #1: Incrementalism Last year’s budget is the best predictor of

this year’s budget, plus some (an increment)

The Budget is too big to review every year

Agencies can safely assume they will get at least what they got last year

Focus & debate on the increase over last year, not the original amount

Groups support spending programs that benefit them, so it’s difficult to pare the budget

Why the Federal Budget is so Hard to Control?

Reason #2: “Uncontrollable” Expenditures Programs in which spending is determined by the

number of recipients, not a fixed dollar figure Mandated by law a.k.a. mandatory spending Mainly entitlement programs where the

government pays known benefits to an unknown number of recipients. Social Security => biggest

The way to control the expenditures is to change the rules of who can receive them

2/3 of federal budget = “uncontrollable expenditures”

The antonym of “uncontrollable expenditures” is discretionary spending

1999 Check your Ch. 15 & Ch. 12 Notes

Is Congress effective in exercising legislative oversight of the federal bureaucracy? Support your answer by doing ONE of the following. A. Explain two specific methods Congress uses to

exercise effective oversight of the federal bureaucracy.

OR

B. Give two specific explanations for the failure of Congress to exercise effective oversight of the federal bureaucracy.

Ch. 15: Bureaucracy & Democracy

Congress Tries to Control the Bureaucracy Influence presidential appointments (Senate confirms) Tinker with the agency’s budget Hold hearings Rewrite the legislation or make it more detailed BUT Big government provides services to constituents

and it’s hard to control once created

So why does Congress give federal agencies so much policymaking

discretion in executing federal laws?Congress lacks expertise & the agencies have

specialized units / expertiseCongress doesn’t want to be blamed for bad

policyIt’s time-consuming = delegated authorityIt’s more efficient = discretionary authority

(Congress writes broad legislation and bureaucracy fills in the gaps)

Structure of the bureaucracy Large Specialized Tenure protections (difficult to fire)

2003 Check your Ch. 12 Notes

Both party leadership and committees in Congress play key roles in the legislative process. A. Define two of the following elements of the

congressional committee system and explain how each influences the legislative process.

Specialization Reciprocity / logrolling Party representation on committees

B. Identify two ways party leadership in Congress can influence the legislative process, and explain how each way influences the process.

Specialization

Note: The committee system leads to specialization b/c members of Congress serve on the same committee for years and become experts on that topic. This is a bonus b/c the legislation coming out of committees is voted on by experts first

Reciprocity a.k.a. Logrolling

You respect my committee jurisdiction….and I will respect yours….

You support my piece of pork and I’ll support yours

Party Representation on Committees

1. After election, new members write their party’s leaders indicating their preferences.

2. Goals for Committee Assignment: help reelection, gain influence in Congress, work with “their” policy areas

Committee Makeup- every committee includes members from BOTH parties, but a majority of each committee’s members – as well as its chairperson – come from the majority party

2006 Check your Ch. 15 & Ch. 12 Notes

The United States Congress and the President together have the power to enact federal law. Federal bureaucratic agencies have the responsibility to execute federal law. However, in the carrying out of these laws, federal agencies have policy-making discretion. A. Explain two reasons why Congress gives federal agencies policy-

making discretion in executing federal laws. B. Choose one of the bureaucratic agencies listed below. Identify the

policy area over which it exercise policy-making discretion AND give one specific example of how it exercises that discretion.

Environmental Protection Agency (EPA) Federal Communications Commission (FCC) Federal Reserve Board

C. Describe two ways Congress ensures that federal agencies follow legislative intent.

2006 See “What You Need to Know About Differences Between the House

& the Senate

The framers of the United States Constitution created a legislative system that is bicameral. However, it is not just bicameral; the framers also established two houses of distinctly different character and authority.A. Discuss two reasons why the framers created a

bicameral legislature.B. Identify one power unique to the House of

Representatives and explain why the framers gave the House that power.

C. Identify one power unique to the Senate and explain why the framers gave the Senate that power.

2007 Check your Ch. 13 & Ch. 12 Notes

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 you described in A, identify and explain two other formal powers Congress has over war making.

2008 Check your Ch. 12 Notes

Congressional reapportionment and redistricting are conducted every ten years. When redistricting is conducted politicians often engage in gerrymandering. A. Define congressional reapportionment and explain one

reason why it is important to states. B. Define congressional redistricting. C. Explain two goals of politicians when they gerrymander

during redistricting. D. Describe two limits that the United States Supreme court has

placed on congressional redistricting.

House of RepresentativesApportionment: seats

distributed on the basis of population. Each state guaranteed at least 1 seat. Each member represents an average of 710,000 people.

Districts: drawn by state legislatures after each census – as needed

Gerrymandering: districts drawn to the advantage of the party controlling the state legislature.

House of Representatives & Gerrymandering

“Cracking”: spreading out voters of a particular type among many districts to deny them a large block in any district.

“Packing”: concentrating as many voters of one type into a single electoral district to reduce their influence in other districts.

Goals of Gerrymandering...

• Create Safe Seats (not likely to elect a representative from the opposite party)

• To enhance the strength of the party controlling the state legislature

• To minimize the strength of the opposition party

• To protect incumbents• To discourage quality

challengers• To punish foes or reward

friends

To try to increase minority representation

The Supreme Court has limited gerrymandering, but it’s impossible to ban it completely …

Gerrymandering & The Supreme Court

Baker v. Carr (1962): districts should be equal in population - “one man, one vote” = shifted power towards urban areas

Shaw v. Reno (1993): no racial gerrymandering

2009 See “What You Need to Know About Differences

Between the House & the Senate In the United States Congress, the majority party exerts a

substantial influence over lawmaking. However, even when one party has a numerical majority in each chamber of the United States Congress, there is no guarantee that legislation supported by that majority party will be passed by both chambers. Rules of each chamber independently influence the likelihood that legislation will pass in that chamber; legislation passed by one chamber is not always passed by the other. A. Describe two advantages the majority party in the United States House of

Representatives has in lawmaking above and beyond the numerical advantage that that majority party enjoys in floor voting.

B. Describe two differences between House and Senate rules that may make it likely that legislation may pass in one chamber but not in the other.

C. Explain how the differences identified in B can lead to the passage of a bill in one chamber but not in the other.

2011 Check your Ch. 13 & Ch. 12 Notes

The Constitution of the United States creates a government of separate institutions that share power rather than a government that delegates power exclusively to a single branch. Frequently, this means that presidents and Congress struggle with each other. A. For each of the presidential powers below, explain one way that

congressional decision making is affected by that power. Veto power Power to issue executive orders Power as commander in chief

B. For each of the congressional powers below, explain one way that presidential decision making is affect by that power.

Legislative oversight power Senate advice and consent power Budgetary power

2012

Members of Congress are charged with three primary duties – writing laws, overseeing the implementation of laws, and serving the needs of their constituents. A. Describe the role of each of the following in

lawmaking. Senate filibuster House Rules Committee Conference Committee

B. Describe one method by which Congress exercises oversight of the federal bureaucracy.

C. Explain how casework affects members’ attention to legislation.

2012

Minority Representation In Congress Compare minority representation in 1960 and

2010. Explain how each of the following assisted in the

removal of barriers to minority voting. Voting Rights Act of 1965 Twenty-fourth Amendment

Identify one barrier that currently impedes minority representation in Congress. Explain why the barrier you identified inhibits minority representation in Congress.