1. Federalism
Lecture Notes

2. The Legislative Branch
Congress

3. 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

4. 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

5. 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

7. 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)

8. 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

9. 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

10. 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

11. 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?

12. 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

13. 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

14. 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

15. 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

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

17. 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

18. 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

19. 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

20. 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)

21. 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

22. 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)

23. 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

24. The President and Cabinet
The Executive Branch

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

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

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

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

29. 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?

30. 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

31. 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

32. 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

33. 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)

34. 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