Federalism Lecture Notes

The Legislative Branch Congress

Structure of Congress Bicameral House of Representatives Senate two-house legislature House of Representatives representation based on population Senate equal representation for each state Tie back to Virginia & New Jersey Plan Unicameral under articles of Confederation

Terms and Sessions Term Session Special Sessions lasts for two years 115th Congress sworn in 1/3/17 Session period during which congress meets and conducts business (one each year) sessions last most of the year, but members recess for several short periods during a session Special Sessions may only be called by the president to deal with an emergency situation Each “Congress” lasts for 2 years and usually has 2 sessions (for HoR) Vacation the month of August

House of Representatives 435 members, apportioned among states based on their respective population each state guaranteed one seat (7 states) Elected for two-year terms no limit on number of terms Reapportioned after each census (10 years) State’s can change representative if population changes drastically

Qualifications for Representatives Formal Qualifications Must be at least 25 years of age Must have been a US citizen for at least 7 years Must be an inhabitant of the state where elected Informal Qualifications Vary based on state, region district (age, gender, party affiliation, experience)

The Senate 100 members (two from each state) Smaller, more prestigious house (“upper house”) Senators were originally chosen by state legislators, but are now chosen by the voters of their state 17th Amendment Serve for six-year terms no limit on number Continuous body all of its seats are never up for election at the same time

Qualifications for Senate Senators must be: 30 years old citizen of the U.S. for at least 9 years resident of the state from which they are elected Senate monitors conduct of its members can be excluded, punished, or expelled many have been expelled or forced to resign due to their conduct

Representatives of the People Lawmakers have four voting options: Trustees believe that each question should be decided on its merits Delegates see themselves as agents of those who voted for them Partisans owe their first allegiance to their party Politicos attempt to combine elements of other three roles “break with party” comments

Congressional Elections Elections are held on the Tuesday following the first Monday of November in each even-numbered year Off-year elections occur in the even numbered years between presidential elections, (2002, 2006, 2010) party in power often loses seats in these elections (1994, 2006, 2010, 2014) Why would the party in power lose seats?

Congressional Districts Each member of congress represents a congressional district Most states have single- member districts Voters in each district select their rep. from a field of candidates State legislatures are responsible for drawing up congressional districts for their own state Create relatively even populations within districts

Gerrymandering Many districts across the country have been gerrymandered drawn to benefit the party in control of a state’s legislature Districts can still vary in population, but are now more accurate Wesberry v. Sanders (1964) “One Person One Vote” –disadvantage to rural communities

Congressional Power Strict constructionists Liberal constructionists argue for a narrow interpretation of the Constitution small government, states rights Congress can exercise expressed powers and necessary implied powers Liberal constructionists argue for a broad interpretation of the Constitution American people have generally agreed with broader interpretation

Expressed Powers Delegated powers of the national government that are spelled out in the Constitution power to tax power to borrow commerce power currency power bankruptcy power

Other Expressed Powers foreign relations power war powers naturalization postal power copyrights and patents weights and measures power over territories judicial powers

Implied Powers Powers suggested by the expressed powers Greater with a liberal interpretation of the Constitution “Elastic Clause” Historical examples national bank, prohibition, military draft, minimum wage Necessary and proper to carry out, etc

Non-Legislative Powers Chores other than making laws propose amendments electoral duties impeachment executive powers appointments treaties investigatory power Looking into Russia hacking as example

The Presiding Officers Speaker of the House leader of the majority party Paul Ryan (R) preside and keep order interpret and apply rules recognize all speakers President of the Senate VP of United States votes in case of tie

Party Officers Floor leaders in House and Senate: Senate House Majority Leader- Mitch McConnell (R) Minority Leader- Harry Reid (D) House Majority Leader- Kevin McCarthy (R) Minority Leader- Nancy Pelosi (D)

Committees Standing Committees committees that remain the same every year there are more in the House than in the Senate chairman is always a member of the ruling party

Other Types of Committees House Rules Committee 13 members, sets the rules for a bill Select Committee formed to investigate a particular matter Joint Committee composed of members from both Houses Conference Committee used to fix differences on a bill (must be identical)

Bills and Resolutions Bills Joint Resolutions Rider proposed laws, must be passed by both Houses and signed by President Joint Resolutions apply to special situations Rider item attached to a bill that would not pass on its own

The President and Cabinet The Executive Branch

The President’s Job Description Chief of State Chief Executive Head of the executive branch Ceremonial head of government, represents the American people

The President’s Job Description Chief Administrator Chief Diplomat Director of the federal government Architect of foreign policy, nation’s chief spokesman

The President’s Job Description Commander in Chief Chief Legislator Head of the nation’s armed forces Main architect of public policy

The President’s Job Description Chief of Party Chief Citizen Head of their party, involved in election strategy Works in behalf of public interest

Formal Qualifications There president must: Be a natural born citizen - exact nature of requirement is disputed Be at least 35 years of age Have lived in the U.S. for at least 14 years What kind of informal requirements have historically existed for the presidency?

The President’s Term President is elected to a four-year term could originally be elected repeatedly 22nd Amendment (1951) limited to two terms no president may serve more than ten years

Presidential Succession If the president dies, or is removed from office Vice-President takes office (9 occasions) Speaker of the House follows VP cabinet members in line of succession Presidential Disability addressed in 25th Amendment

The Vice Presidency Constitution gives two official roles President of the Senate decision in presidential disability Often chosen for political reasons “balance the ticket” Vice presidents have become more active in recent history

Executive Order A rule or order issued by the president to an executive branch of the government and having the force of law. Bathroom Executive Order Immigration (Executive Action)

The President’s Cabinet State Treasury Defense Justice Interior Agriculture Commerce Labor Health and Human Services Housing and Urban Development Transportation Energy Education Veterans Affairs Homeland Security