The republican ideal in the U.S. is manifested in the structure and operation of the legislative branch.

• 2.1 - Describe the different structures, powers, and functions of each house of Congress.

  • Republicanism, the democratic principle that the will of the people is reflected in government debates and decisions by their representatives, is shown in the bicameral structure of Congress

    • The Senate is designed to represent states equally, while the House is designed to represent the people. 

    • Different membership sizes influence formality of debate in each chamber.  Debate in the House, which has 435 members, is more formal than in the Senate, with 100 members.

    • Interaction in Congress are affected by the two-party system and term-length differences. One-third of the Senate is elected every two years, creating a continuous legislative body. All House members are elected every two years.

  • The enumerated and implied powers in the Constitution allow the creation of public policy by Congress, which includes: 

    • Passing a federal budget ("the power of the purse"), raising revenue by laying and collecting taxes, borrowing money, coining money

    • Regulating interstate and foreign commerce 

    • Declaring war and maintaining the armed forces

    • Enacting legislation under the authority of the necessary and proper clause

    • Determining the process for naturalization by which people can become citizens of the U.S.

    • Conducting oversight of the executive branch, including federal agencies in the bureaucracy

• 2.2 - Explain how the structure, powers, and functions of both houses of Congress affect the policy-making process.

  • Both chambers refer bills to committees, which conduct hearings and debate and markup bills with revisions and additions. 

Leadership in committees is determined by the majority political party.

• • • When a bill passed by both chambers on the same topic has variation in its wording, a conference committee meets to reconcile those differences. 

  • The structures and powers of the Senate and House are different by design. The difference directly affects the legislative process.

Chamber-specific procedures, rules, and roles affect the legislative process:

• In the House: 

  • The Speaker is elected by a majority of members and presides over the legislative work in the House. All revenue bills must originate in the House. 

  • Rules for debate in the House on a bill are established by the Rules Committee. 

  • The House can form a Committee of the Whole in order to expedite debate on bills. 

  • An individual representative in the House can file a discharge petition to have a bill brought to the floor for debate, but it is rarely done.

• In the Senate: 

  • Bills are typically brought to the floor by unanimous consent, but a Senator may request a hold on a bill to prevent it from getting to the floor for a vote. 

  • During debate, a Senator can use the filibuster (a tactic to prolong debate and delay or prevent a vote on a bill) or make a motion for cloture (a procedure to end a debate).

• Pork-barrel legislation (funding for a local project in a larger appropriation bill) and logrolling (combining several pieces of legislation into one bill to secure enough votes for passage) affect the legislative process in both chambers.

           Congress must generate a budget that addresses both discretionary and mandatory spending.  

• Mandatory spending is required by law for entitlement programs such as Social Security, Medicare, and Medicaid.  

• Discretionary spending is approved on an annual basis for defense spending, education, and infrastructure. 

  • As entitlement costs grow, discretionary spending opportunities will decrease unless tax revenues increase or the budget deficit increases.

• 2.3 - Explain how congressional behavior is influenced by election processes, partisanship, and divided government.

Congressional behavior and governing effectiveness are influenced by:

• Ideological divisions between political parties. Partisan voting (when members of Congress vote based on their political party affiliation) and polarization (when political attitudes move toward ideological extremes) can lead to gridlock (a situation in which no congressional action on legislation can be taken due to a lack of consensus). 

•  Accountability to constituents in each chamber is affected by how representatives perceive their roles. 

  • A representative who conceives of their role as a trustee will vote on issues based on their own knowledge and judgement. 

  • A representative acting as a delegate sees themselves as an agent of those who elected them and will vote on issues based on the interests of their constituents.

  • A politico uses a combination of these role conceptions.

• Gerrymandering, redistricting, and unequal representation of constituencies have been partially addressed by the Supreme Court decision in Baker v. Carr (1962), which opened the door to equal protection challenges to redistricting and started the “one person, one vote” doctrine, and the no-racial-gerrymandering decision in Shaw v. Reno (1993)

• Elections that have led to a divided government(when one party controls the presidency and the other party controls at least one of the chambers of Congress) can lead to more intense partisanship. This partisanship can result in members of Congress voting against presidential initiatives and appointments, especially those of a lame duck president.

The design of the judicial branch protects the Supreme Court’s independence as a branch of government, and the emergence and use of judicial review remains a powerful judicial practice.

• 2.8-2.9 - Explain the principle of judicial review and how it checks the power of other institutions and state governments.

  • The foundation for powers of the judicial branch and how its independence checks the power of other institutions and state governments are set forth in:

    • Article III of the Constitution

    • Federalist No. 78

    • Marbury v. Madison (1803)

  • Stare decisis (the legal doctrine under which courts follow legal precedents when deciding cases with similar facts) plays an important role in judicial decision making.

  • Ideological changes in the composition of the Supreme Court due to presidential appointments have led to the Court’s establishing new or rejecting existing precedents.

• 2.10 - Explain how life tenure can lead to debate about the Supreme Court’s power. 

  • Life tenure for justices allows the court to function independent of the current political climate. As a result of this independence, the Court can deliver controversial or unpopular court decisions, which in turn can lead to debate about the court’s power.

• 2.11A - Explain how the exercise of judicial review can lead to debate about the Supreme Court’s power.

  • Political discussion about the Supreme Court’s power is illustrated by the ongoing debate over differing interpretations of judicial review.

    • Judicial activism asserts that judicial review allows the courts to overturn current Constitutional and case precedent or invalidate legislative or executive acts. 

    • Judicial restraint asserts that judicial review should be constrained to decisions that adhere to current Constitutional and case precedent.

• 2.11B - Explain how other branches in the government can limit the Supreme Court’s power.

  • Restrictions on the Supreme Court are represented by:

    • Judicial appointments and confirmations which may shift the ideological balance of the court

    • Enacting legislation to limit the cases the Supreme Court can hear on appeal by removing the court’s jurisdiction over a case

    • Congressional legislation to modify the impact of prior Supreme Court decisions

    • Ratification of a Constitutional amendment

    • The president and states delaying implementation of a Supreme Court decision 

The federal bureaucracy implements federal policies.

• 2.12-  Explain how the bureaucracy carries out the responsibilities of the federal government.

• The federal bureaucracy is composed of departments, agencies, commissions, and government corporations that implement policy by:

• Writing and enforcing regulations

• Issuing fines

• Testifying before Congress

• Forming iron triangles (alliances of congressional committees, bureaucratic agencies, and interest groups that are prominent in specific policy areas)

• Creating issue networks (temporary coalitions that form to promote a common issue or agenda)

• The civil service primarily uses a merit system that prioritizes hiring and promotion based on professionalism, specialization, and neutrality, as opposed to political patronage, whereby bureaucratic jobs are politically appointed.

• 2.13 - Explain how the federal bureaucracy uses delegated discretionary authority for rule making and implementation.

• The federal bureaucracy uses discretionary power as delegated by Congress to interpret and implement policies. Through their rulemaking authority, federal bureaucratic agencies utilize their discretion to create and enforce regulations. Bureaucratic agencies include:   

• Department of Homeland Security

• Department of Transportation

• Department of Veterans Affairs

• Department of Education

• Environmental Protection Agency (EPA)

• Federal Elections Commission (FEC)

• Securities and Exchange Commission (SEC)

• 2.14A - Explain how Congress uses its oversight power in its relationship with the executive branch.

• Congressional oversight of the bureaucracy to ensure that legislation is implemented as intended includes:

• Review, monitoring, and supervision of bureaucratic agencies

• Investigation and committee hearings of bureaucratic activity

• Power of the purse (the ability of Congress to check the bureaucracy by appropriating or withholding funds)

• As a means to curtail the use of presidential power, congressional oversight serves as a check of executive authorization and appropriation.

• 2.14B - Explain how the President ensures that executive branch agencies and departments carry out their responsibilities in concert with the goals of the administration.

  • Presidential ideology, authority, and influence affect how executive branch agencies carry out the goals of the administration.

  • Compliance monitoring ensures that funds are being used properly and regulations are being followed. Compliance monitoring can pose a challenge to policy implementation.

• 2.15A - Explain the extent to which governmental branches can hold the bureaucracy accountable given the competing interests of Congress, the president, and the federal courts.

  • Formal and informal powers of Congress, the president, and the courts over the bureaucracy are used to maintain its accountability.

• 2.15B - Explain how the distribution of powers among the three branches of government impacts policymaking.

  • The allocation of powers among the three branches of government creates multiple access points for stakeholders and institutions to influence public policy. 

  • National policymaking is constrained by the sharing of powers between the three branches.