Unit 5 Ap Government Review

Unit 5 AP Government Review: Congress, the Legislative Branch

This comprehensive review covers Unit 5 of the AP Government curriculum, focusing on Congress, the legislative branch of the United States government. Understanding Congress's structure, powers, and processes is crucial for success on the AP exam. This guide will delve into key concepts, processes, and important Supreme Court cases, offering a robust review for your upcoming exam. We'll explore the intricacies of the legislative process, the roles of various congressional committees, and the influence of diverse factors on congressional behavior. Prepare to master the complexities of this vital branch of government!

I. Introduction: The Structure and Powers of Congress

The United States Congress is a bicameral legislature, meaning it consists of two houses: the Senate and the House of Representatives. This structure, enshrined in the Constitution, reflects a compromise between large and small states during the Constitutional Convention. The House, with its representation based on population, gives greater voice to more populous states. The Senate, with equal representation for each state (two senators per state), safeguards the interests of smaller states.

A. The House of Representatives:

• Size: 435 members, apportioned among the states based on population.
• Terms: Two-year terms; all seats are contested every two years. This makes the House more responsive to short-term shifts in public opinion.
• Powers: Initiates all revenue bills (bills dealing with taxes), holds the power of impeachment (the formal accusation of wrongdoing against a government official).
• Leadership: The Speaker of the House is the most powerful member, controlling the legislative agenda and influencing committee assignments. Other key leaders include the Majority and Minority Leaders and Whips.

B. The Senate:

• Size: 100 members (two per state).
• Terms: Six-year terms; staggered elections ensure that only one-third of the Senate is up for reelection every two years, providing more stability and continuity.
• Powers: Confirms presidential appointments (judges, cabinet members, ambassadors), ratifies treaties negotiated by the President, tries impeachment cases (acting as the jury).
• Leadership: The Vice President serves as President of the Senate (primarily a ceremonial role), with the Majority Leader wielding significant power in scheduling legislation and influencing the Senate's agenda.

C. Enumerated Powers of Congress: The Constitution grants Congress specific powers, known as enumerated powers, including:

• Taxation: Laying and collecting taxes, duties, imposts, and excises.
• Borrowing: Borrowing money on the credit of the United States.
• Commerce: Regulating commerce with foreign nations, among the several states, and with the Indian tribes.
• Currency: Coining money and regulating the value thereof.
• War: Declaring war, raising and supporting armies, and providing for a navy.
• Naturalization: Establishing uniform rules of naturalization.
• Post Offices: Establishing post offices and post roads.
• Patents and Copyrights: Securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.
• Necessary and Proper Clause (Elastic Clause): This clause grants Congress the power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof. This has been a source of significant expansion of congressional power over time.

II. The Legislative Process: From Bill to Law

The path of a bill becoming a law is complex and often lengthy. It involves numerous steps, potential obstacles, and significant influence from various actors.

A. Introducing a Bill: A bill can be introduced in either the House or the Senate (except for revenue bills, which must originate in the House).

B. Committee Action: Bills are referred to relevant committees, which hold hearings, mark up the bill (amend it), and vote on whether to send it to the full chamber. Committees play a crucial role in shaping legislation, often killing bills before they reach the floor.

C. Floor Action: In both the House and Senate, the bill is debated, amended, and voted upon. The House operates under stricter rules, while the Senate allows for more flexibility, including the use of filibusters (prolonged debate to delay or block a vote). A cloture vote (requiring 60 votes in the Senate) can end a filibuster.

D. Conference Committee: If the House and Senate pass different versions of a bill, a conference committee is formed to reconcile the differences and create a single version.

E. Presidential Action: The President can sign the bill into law, veto it (which Congress can override with a two-thirds vote in both houses), or allow it to become law without signature after 10 days (excluding Sundays).

III. Congressional Committees: Centers of Power

Congressional committees are essential to the legislative process. They specialize in specific policy areas, conduct investigations, and shape legislation before it reaches the floor.

A. Types of Committees:

• Standing Committees: Permanent committees that handle legislation within their designated policy areas (e.g., Agriculture Committee, Judiciary Committee).
• Select Committees: Temporary committees formed to investigate specific issues or problems.
• Joint Committees: Committees composed of members from both the House and the Senate.
• Conference Committees: Temporary committees that reconcile differences between House and Senate versions of a bill.

B. Committee Power: Committees wield significant power because they control the flow of legislation, can kill bills, and shape the final product. Seniority often plays a role in committee assignments and leadership positions.

IV. Influences on Congressional Behavior

Numerous factors influence how members of Congress behave and vote. Understanding these factors is crucial to understanding the legislative process.

A. Party Affiliation: Party affiliation is a major determinant of voting behavior. Members generally vote along party lines, particularly on highly partisan issues.

B. Constituent Interests: Members are responsive to the needs and preferences of their constituents (the people they represent). They may vote to please their constituents, even if it means going against their party’s position.

C. Interest Groups: Interest groups (also known as lobbyists) actively try to influence legislation by providing information, lobbying members, and contributing to campaigns.

D. Ideology: A member's personal ideology (liberal, conservative, moderate) influences their voting record.

E. President: The President exerts influence through his legislative agenda, public appeals, and interactions with members of Congress.

V. Important Supreme Court Cases Related to Congress

Several Supreme Court cases have significantly shaped the interpretation of Congress's powers:

• McCulloch v. Maryland (1819): Affirmed the implied powers of Congress through the Necessary and Proper Clause, allowing Congress to exercise powers not explicitly mentioned in the Constitution if they are necessary to carry out its enumerated powers.
• Gibbons v. Ogden (1824): Established Congress's broad power to regulate interstate commerce, significantly expanding federal power.
• United States v. Lopez (1995): Limited Congress's power under the Commerce Clause, ruling that Congress could not regulate gun possession in schools under this clause. This case highlighted the ongoing debate over the scope of federal power.

VI. The Role of Congressional Staff and Support Agencies

Congress relies heavily on its staff and support agencies to perform its functions effectively.

A. Congressional Staff: Each member of Congress employs a staff to assist with legislative work, constituent services, and communication. This staff is crucial to the smooth functioning of Congress.

B. Congressional Support Agencies: Several agencies provide non-partisan research and analysis to Congress, including the Congressional Research Service (CRS), the Government Accountability Office (GAO), and the Congressional Budget Office (CBO). These agencies provide crucial information to support the legislative process.

VII. Challenges Facing Congress

Congress faces numerous challenges in the modern era:

A. Partisanship: Increased polarization and partisanship have made it difficult for Congress to compromise and pass legislation.

B. Gridlock: Frequent instances of gridlock, where Congress is unable to pass legislation, have diminished its effectiveness.

C. Public Opinion: Declining public trust and approval ratings have eroded confidence in Congress's ability to address national problems.

D. Campaign Finance: The role of money in politics has raised concerns about the influence of special interests and wealthy donors.

VIII. Conclusion: Understanding the Legislative Branch

A thorough understanding of Congress – its structure, powers, processes, and the various factors influencing its actions – is vital to comprehend the workings of the American political system. This review has touched upon key aspects of the legislative branch, providing a framework for deeper study. Remember to review relevant Supreme Court cases, analyze the impact of various political factors, and practice applying this knowledge to hypothetical scenarios. Thorough preparation using diverse resources, including textbooks, practice questions, and past AP exams, will significantly enhance your understanding and performance on the AP Government exam. Good luck!

IX. Frequently Asked Questions (FAQ)

Q: What is the difference between a bill and a law?

A: A bill is a proposed law that has been introduced in Congress. A law is a bill that has been passed by both houses of Congress and signed by the President (or allowed to become law without the President's signature).

Q: What is a filibuster, and how can it be ended?

A: A filibuster is a tactic used in the Senate to delay or block a vote on a bill. It involves prolonged debate, and it can be ended by a cloture vote, which requires 60 votes.

Q: What is the role of the Speaker of the House?

A: The Speaker of the House is the leader of the House of Representatives. They preside over the House sessions, control the legislative agenda, and influence committee assignments.

Q: What is gerrymandering, and how does it affect Congress?

A: Gerrymandering is the practice of drawing electoral district boundaries to favor one party or group over another. It can significantly impact the composition of Congress and the competitiveness of elections.

Q: How does the Necessary and Proper Clause impact Congressional power?

A: The Necessary and Proper Clause (also known as the Elastic Clause) allows Congress to exercise implied powers—powers not explicitly stated in the Constitution—that are necessary to carry out its enumerated powers. This significantly expands Congressional authority beyond its explicitly stated powers.

Q: What are some of the criticisms of Congress?

A: Congress faces criticism for various reasons, including partisan gridlock, inefficiency, lack of transparency, the influence of special interests and money in politics, and a decline in public trust.

This comprehensive review should provide a solid foundation for your AP Government Unit 5 exam preparation. Remember to consult your textbook, class notes, and other study materials for a more complete understanding. Focus on understanding the underlying concepts and principles rather than rote memorization. Good luck with your studies!