U.S. Congress: Structure and Function

Congress and Representation

• Congress is bicameral, featuring the House (based on population) and the Senate (two senators per state).
• This structure balances the power between large and small states.
• House members serve 2-year terms, while Senators serve 6-year terms
• There are no constitutional term limits for either chamber.
• The House is designed to be more responsive to public opinion, while the Senate is more stable.
• The House has stricter rules and is more centralized compared to the Senate.
• The Senate allows filibusters and confirms presidential appointments.
• The 17th Amendment established the direct election of Senators.
• Committees (standing, select, and joint) play a crucial role in managing legislation.
• The House Rules Committee controls the debate process.
• Committees enable members to specialize in specific issues and develop expertise.
• Bills can originate in either the House or Senate, except for tax bills, which must start in the House.
• Bills go through committee, debate, and approval in both chambers before reaching the president.
• Most bills do not make it through the entire process and "die in committee".
• Congress's enumerated powers are listed in Article I, Section 8 of the Constitution and include the power to tax, regulate commerce, and declare war.
• The "necessary and proper" clause expands Congress's powers beyond those explicitly listed.
• Congress declares war, while the Senate confirms top executive and judicial appointments.
• Members of Congress are elected separately from the president, typically by plurality vote.
• This differs from parliamentary systems where voters choose a party rather than individual lawmakers.
• House districts have grown from 33,000 people in 1790 to over 700,000 today.
• The House has been capped at 435 members since 1911 due to space and efficiency concerns.
• Members of Congress (MOCs) are primarily motivated by reelection, focusing on advertising, credit claiming, and position-taking.
• This emphasis on reelection can lead to delay, narrow interests, and symbolic actions, potentially hindering long-term or controversial reforms.
• Incumbents have a significant advantage due to name recognition, fundraising capabilities, and favorable district demographics.
• Despite this advantage, Congress is often viewed poorly by the public.
• Congress is overwhelmingly composed of white, male, older, and wealthy individuals.
• Women and people of color are underrepresented in Congress.
• Congress's performance is often judged more on constituent services than on lawmaking.
• The public often perceives Congress as inefficient or corrupt.
• Gerrymandering, where states draw House districts for political advantage, is a contentious issue.
• Racial gerrymandering is illegal, but partisan gerrymandering is not fully banned.
• The Shelby v. Holder Supreme Court decision struck down part of the Voting Rights Act, ending the federal preclearance requirement for some states and leading to new voting restrictions.
• Court's often defer to states unless racial intent is proven for gerrymandering

The Presidency

• Presidents have typically been white, male, and Protestant, with political or military backgrounds.
• Obama, JFK, and Biden are exceptions to these norms.
• Formal requirements for president include being at least 35 years old, a natural-born citizen, and having lived in the U.S. for 14 years.
• Informal requirements include political experience and public appeal.
• Presidents are elected through the Electoral College, where a winner-take-all system in most states means some votes matter more than others.
• The 25th Amendment addresses presidential succession and disability.
• The Vice President takes over if the president is disabled or removed from office.
• The House has the power to impeach, while the Senate holds the trial.
• The President has diplomatic powers including treaties (with Senate approval), and appointing/receiving ambassadors.
• The President has legislative powers to propose laws and veto legislation.
• The President has administrative powers to enforce laws and appoint officials.
• The President has judicial powers to pardon and nominate judges.
• Inherent powers are not explicitly written in the Constitution but have been used by presidents during crises (e.g., Lincoln, FDR, Bush).
• The president's power has expanded through wars, emergencies, and economic crises.
• Modern presidents have large staffs and significant influence over national policy.
• The Vice President breaks Senate ties and steps in when needed.
• Cabinet secretaries lead departments and advise the president.
• The Executive Office includes the NSC (security), OMB (budget), and CEA (economics) to assist with coordination and policymaking.
• The First Lady is not elected but is often influential.
• The Chief Legislator sets the national agenda, lobbies Congress, and vetoes bills.
• The Chief Legislator cannot make laws directly but has significant influence.
• The President leads their party but cannot fully control it.
• Public approval provides political leverage, with high approval facilitating law passage and low approval weakening influence.
• The President is the Commander-in-Chief of the military.
• The War Powers Act attempts to limit this power, but presidents often bypass it.
• Presidents act quickly in crises, temporarily boosting approval.
• Presidents must work with Congress for long-term solutions.

The Bureaucracy

• The bureaucracy's purpose is to implement laws, enforce regulations, and manage services.
• Types of agencies include Cabinet Departments (e.g., State, Defense), Independent Agencies (e.g., NASA), Regulatory Commissions (e.g., SEC, FDA), and Government Corporations (e.g., USPS).
• The bureaucracy has expanded during wars, economic crises, and civil rights eras.
• More roles result in more agencies.
• The principal-agent problem arises because elected officials (principals) rely on bureaucrats (agents) who may have different goals.
• Agency loss occurs when bureaucrats are lazy, uncooperative, or pursue their own agenda.
• Oversight mechanisms include police patrols (regular checks and reports), fire alarms (public or interest groups reporting problems), appointments, budgets, and hearings.
• Some agencies develop alliances with interest groups or Congress, increasing their independence.
• EPA scientists pushing environmental policy despite political pressure exemplifies this.

The Courts

• The courts have judicial power to interpret laws and overturn laws or executive actions if unconstitutional.
• Judicial review was established in Marbury v. Madison.
• Sources of law include constitutional law, statutory law (laws passed by Congress), administrative law (agency rules), and case law (judicial rulings).
• The court structure includes District Courts, Circuit Courts, and the Supreme Court.
• State and federal systems operate separately.
• The Supreme Court selects the most important or conflicting cases.
• Supreme Court decisions include a majority opinion (binding), concurring opinion (agrees but for different reasons), and dissenting opinion (disagrees with the majority).
• The courts are limited because they depend on others to enforce decisions and lack budget or military power.
• Courts alone rarely create social change.
• Real reform requires support from other branches and public pressure (e.g., Brown v. Board led to slow change).
• Even when courts don't bring immediate change, legal battles can educate the public and build social movements.
• The Supreme Court has historically been mostly white and male.
• Descriptive representation (e.g., Justice Sotomayor, Justice Jackson) is slowly improving.