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:

    1. standing committees: the most important committees in Congress, since all bills are referred to them in each chamber. These deal with permanent general subject areas of legislation, and are divided into subcommittees dealing with an area of specialization. In the House, each member must serve on at least two standing committees.
    2. select committees: are created to accomplish a specific task. Unlike standing committees, these are not permanent. Once the task is accomplished these committees are dissolved.
    3. joint committees: these are established with members of each chamber serving on the committee. The tasks assigned to these committees are rather diverse.
    4. conference committees: a special kind of joint committee which arises from the need to reconcile differences between the two versions of a bill which have passed through each chamber. The process of amendment and revision in each house gave rise to the necessity of conference committees.
    5. House Rules committee: a very powerful standing committee in the House of Representatives. Once a bill has been approved by the appropriate standing committee in the House it is sent to this committee, which makes rules governing how the bill will come to the House floor.

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:

    1. The Speaker: This is the most powerful member of the House. The Speaker must work with both parties in the House, and his or her power is derived largely from his/her personal appeal. The Speaker has numerous responsibilities, but his/her primary responsibility is to seek the enactment of his/her political party’s legislative ideas.
    2. 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.

    3. House Majority Leader: second in line in the majority party leadership. This officer is responsible for assisting the Speaker in gaining the enactment of preferred legislation. The majority leader also fosters cohesion among party members in the House.
    4. House Minority Leader: the Leader of the minority party in the house, this officer has similar responsibilities as the Majority Leader, but with his/her own party. The Minority leader also serves as a source of "loyal opposition" to the majority party. If the minority party becomes the majority party, this officer is likely selected to be the Speaker.
    5. Whips: both the majority and minority parties in the House have officers whose job is to assist their party leaders, and to encourage party loyalty among their membership.

 

 

Positions in the Senate include:

    1. President of the Senate: In the US Congress, this is the Vice President. Rarely does the VP actually preside over the Senate. On rare occasions, the Vice President will be called upon to vote in the Senate in order to break a tie vote.
    2. 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.

    3. President Pro Tempore: Usually referred to as the "pro tem" this officer is the member of the majority party with the longest continuing service in the Senate. Although this position resembles the Speaker in the other chamber, this officer lacks most of the power of the Speaker.
    4. Majority floor leader: The most powerful member of the Senate. This position is roughly analogous to the Speaker of the House.
    5. Minority floor leader: the leader of the minority party in the Senate, this officer is responsible for attempting to achieve the enactment of the legislative ideas of the minority party.
    6. Senate Whips: both the majority and minority parties in the Senate have officers whose job is to assist their party leaders, and to encourage party loyalty among their membership.

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.

    1. Introduction: In each house a member or members draft a bill and submit it to the presiding officer.
    2. Referral: After a bill is introduced, the Speaker in the House and the President Pro Tem in the Senate refer the bill to the standing committee that has jurisdiction over the subject of the bill. In most cases there are two or more committees which have jurisdiction and each committee will take action.
    3. Rules Committee Action/Scheduling: In the House, the Rules Committee will draft a set of rules governing what happens to the bill when it reaches the floor. This step does not occur in the Senate. Rather, it is scheduled by the Majority floor leader.
    4. Floor action: the bill and all the amendments proposed are debated. Each amendment is debated and voted on separately. After all amendments have been voted upon, the bill itself is put to a vote. If a majority of the members favor the bill it is considered passed by the house which voted on it.
    5. Conference committee: If there are differences between House and Senate versions of a bill, a joint committee is set up to attempt to reach a compromise on the bill. The members of this joint committee are selected by the leaders of their respective houses, and if a compromise can be reached, the revised bill is sent back to each respective house, debated and put to a vote. If this version passes both houses it is sent to the Executive branch (i.e. the President) for consideration.
    6. Presidential action: If the president favors the bill, he will sign it into law. If he opposes it, he may veto the bill and send it back to the chamber that originated it, along with his reasons for the veto.
    1. if 2/3 of the members of one chamber vote to override the veto, it is sent to the other chamber.
    2. if 2/3 of the other chamber also vote to override the veto, the bill is considered enacted.
    3. if fewer than 2/3 of either house vote to override, the bill is considered dead.

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.

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