GOVT 2302: American Government:
Review for the First Examination
As you should already be aware, the first examination in this course will cover questions surrounding the nature and structure of the institution of legislative power in the United States as well as in the state of Texas. While this review is by no means comprehensive, it may be used as a springboard for additional inquiry into the character of the US Congress and, to a lesser degree, the Texas legislature.
The changes in the American government from the Articles of Confederation to the Constitution of 1787 reflect what Publius (the authors of the Federalist, taken together) called "improvements in the science of politics, " which included the division of political power into distinct branches, the introduction of legislative balances and checks, an independent judiciary, and elected representation in the legislative branch.
The Constitution established a federal form of government: a system whereby a strong national government shared power with state governments. Under a federal system, power flows in both directions: some power is expressly in the hands of the national government, while others are in the hands of the states.
Within the federal government itself, power under the Constitution was divided into three major branches, separated according to function, yet balanced in that some powers were in fact shared. The power to make laws rests in the legislative branch in a bicameral representative (two house) Congress consisting of a House of Representatives and a Senate. The power to enforce laws, the executive power, rests primarily in a single, indirectly elected President, with the ends of unity and energy clearly in mind. The power to resolve disputes rests in an appointed judiciary, appointed in order to shield judges themselves from the tumults of partisan politics.
Institutions of Government
The Constitution outlines generally the structure, the powers, and the limitations of the federal government as well as limitations on the states which arise as a result of the establishment of a strong central government.
The authors of the Constitution, on the whole, feared that power in the hands of a single individual would be abused. This in part explains why they placed a considerable amount of power in the legislative branch.
Congress.
The national legislative power is was vested in a Congress which was to be a bicameral (two-house) institution, intended to serve different constituencies. The House was to be elected by the people, apportioned by population, and would therefore represent the views of the people. The Senate at one time were selected by the state legislatures, representing the states themselves, and would be at least one step removed from the people. In 1913, the XVII Amendment provided that the people of the state would elect the senators of the state.
The Enumerated Powers of Congress are set forth in Article I, section 8. Enumerated powers, also referred to as express powers, are specific grants to Congress. These powers include the control of money (taxing, spending, borrowing, and coining), regulation of interstate trade, regulation of the military (regulate state militia, create and regulate an army and a navy, suppress insurrections within states, and to declare war), as well as defining the court structure below the Supreme Court. While these are not all the specific grants of Congressional power, they do represent the powers which Congress relies on to pass a vast number of laws each year. In addition to Article I section 8, Congress has received other grants of power through amendments.
The implied powers of Congress emanate from the "necessary and proper" clause of Article I section 8. This clause allows Congress to make all laws that are deemed to be necessary to carry out the expressed powers. In McCulloch v. Maryland, the Supreme Court ruled that this clause allows Congress considerable authority to enact laws which may assist the Congress in accomplishing goals directly related to the enumerated powers.
The primary function of Congress is lawmaking. This is the process of deciding the legal ruls that govern our society. In this function the Congress may establish broad national policies, including budgetary policies, or they may establish minor regulations. Members of Congress also function as representatives, where they present the views of their constituents in Congress. They also incorporate oversight roles over the executive branch, especially the federal bureaucracy, and especially as the executive is charged with the implementation of policy or the enactment of legislation. Congressmen are also seen as having public education, or agenda-setting roles, as well as roles in the resolution of conflicts within American society and as ombudsmen, where they investigate constituent problems, especially with the federal bureaucracy.
Committees and leadership.
The key to understanding how Congress operates is to understand congressional committees. These "little legislatures, " as Woodrow Wilson characterized them, determine whether a bill will reach the floor and be called foe a vote. The obstacles to a bill reaching the floor are numerous, and the committee structure is a maze through which bills must pass to become law. This phenomenon is found in both houses of Congress as well as both houses of the Texas Legislature.
The following represent the types of congressional committees:
Congressional Leadership
Article I section 2 grants power to the House of Representatives to choose "their Speaker and other Officers" which section 3 grants similar power to the Senate. Section 3 further establishes the Vice President as the presiding officer of the Senate, and determines the extent of his influence as a "tie-breaker" in the Senate. Keep in mind, however, that while analogous offices do exist in the Texas Legislature, the positions of House Speaker and President of the Senate are in many respects different at the state level. They do encompass many of the same roles in their respective houses, but the state offices in Texas are often seen to be more significant relative to their houses.
Positions in the House include:
In the Texas House of Representatives, the Speaker of the House not only refers all bills and resolutions in the House to their respective committees (assigns legislative jurisdiction) but also , unlike the Speaker of the US House of Representatives, assigns membership to the various committees. In this way, the Speaker is able directly to affect what kind of legislation survives to reach the floor for a vote.
Positions in the Senate include:
In the Texas Senate, the Lieutenant Governor presides over the Senate, and takes an active role in the conduct of the Senate. While his office is roughly analogous to the VP, the Texas Lt. Governor determines committee membership and refers all bills in the Texas Senate to their respective committees. Thus the Lt. Gov. has significant institutional power over the Senate itself.
The Legislative Process.
The legislative process in the US Congress is a difficult and tedious process which results in most proposals being rejected. For the most part the process is similar in the Texas legislature is similar, but because Texas has a plural executive, the fate of bills which pass both houses varies.In order for a bill to become law, it must pass through both houses of Congress All "money bills" or spending measures must originate in the House of Representatives, as prescribed in the Constitution.
The president may take no action on the bill. Article 1 section 7 of the Constitution gives the president ten working days to act. If he doesn’t and the Congress has not adjourned, the bill is considered enacted. If it has adjourned in this time, the bill is considered dead. This is called a pocket veto.
In most states, the governor is usually considered to have analogous powers to those of the President. In Texas, however, the institution of the plural executive, where independently elected executives share the executive power, significantly affects the fate of legislation that passes both houses of the Legislature. Appropriations and budgetary bills must, before they ever reach the Governor's desk, must first be certified by the Comptroller of Public Accounts and the Legislative Budget Board. The criteria for certification include as a requirement a strict adherence to the balanced budget provision specified in the Texas Constitution. If the Comptroller fails to certify a budget measure, the bill dies.