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Structures, Powers, and Functions of Congress

Anna Garcia

Anna Garcia

8 min read

Study Guide Overview

This study guide covers the U.S. Congress, including the House of Representatives and Senate, and the legislative process. It details the structure, powers (delegated, unique, and restrictions), and functions of each chamber, along with the roles of committees, congressional oversight, and the President in lawmaking. Key terms like filibuster, cloture, veto, and pocket veto are highlighted. Finally, practice questions and exam tips are provided.

AP US Government: Congressional Power Playbook ๐Ÿ›๏ธ

Welcome to your ultimate guide to mastering the legislative branch! Let's break down Congress, its powers, and the law-making process. This is designed to be your go-to resource the night before the exam, so let's make every minute count!

Balancing the Policy-Making Process

Congress is bicameral, meaning it has two chambers: the House of Representatives and the Senate. These were designed to balance each other out:

  • House of Representatives:
    • Based on population, making it more responsive to the people.
    • Shorter terms (2 years) mean members are more attuned to public opinion.
    • More likely to take bold action.
  • Senate:
    • Equal representation (2 senators per state), designed to represent state interests.
    • Acts as a check on the House.
    • Has unique powers like confirming presidential appointments and ratifying treaties.
Key Concept

The different structures of the House and Senate impact the legislative process and how policies are shaped. Understanding these differences is crucial for the exam!

Powers of Congress

Delegated Powers

These powers require both houses to work together. Think of it as a team effort! ๐Ÿค

  • Taxation: Enforce taxes ๐Ÿ’ฐ
  • Borrowing: Borrow money ๐Ÿฆ
  • Commerce: Regulate commerce ๐Ÿ›’
  • Military: Raise an army ๐Ÿช–
  • Courts: Create and make rules for federal courts โš–๏ธ
  • Naturalization: Establish naturalization laws ๐Ÿ›‚
  • Post Office: Establish post offices โœ‰๏ธ
  • Militia: Provide a militia ๐Ÿ›ก๏ธ
  • Necessary and Proper Clause: Make laws necessary to carry out these powers (aka the Elastic Clause)
Memory Aid

Remember these with the mnemonic: Tom Bought Cats Many Cute New Pets Making Noise. (Taxes, Borrowing, Commerce, Military, Courts, Naturalization, Post Office, Militia, Necessary & Proper).

Power of the Purse

Congress controls the money! This lets them:

  • Influence the President and bureaucracy by controlling funding.
  • Promote specific programs.
  • Limit executive power.

Unique Powers

  • House of Representatives:
    • Initiates all tax laws and spending bills. ๐Ÿ’ธ
    • The House Ways and Means Committee oversees this.
  • Senate:
    • Confirms presidential nominations (federal judges, ambassadors, cabinet members). ๐Ÿ‘จโ€โš–๏ธ
    • Ratifies treaties signed by the President. โœ๏ธ

Restrictions on Congressional Power

Congress cannot:

  • Pass bills of attainder (punishing someone without a trial).
  • Pass ex post facto laws (making something illegal after it was done).
  • Levy export taxes.
  • Grant titles of nobility.

Committees and Constitutional Responsibilities

Committees are the workhorses of Congress. They allow for:

  • In-depth consideration of bills.
  • Hearings to gather information.
  • Debate and discussion among members.

House Committees

  • First step in the legislative process.
  • Review and refine legislation.
  • Determine the priorities of the chamber.

Senate Committees

  • Shaped by the Senate's unique powers (confirmations, treaties).
  • Take a longer-term view of policy issues.
  • Focus on building consensus.
Quick Fact

Committees are where most of the legislative work gets done. Understanding their role is key!

Congressional Oversight and Transparency

Congress keeps an eye on the executive branch through:

  • Committees and subcommittees that review executive agencies.
  • Investigations into corruption and waste.
  • Hearings with experts and citizens.
  • Power to compel witnesses to testify.
Exam Tip

Remember that oversight is a crucial check on the executive branch. This is a frequent topic on the exam.

Legislative Process

The legislative process is deliberately slow to prevent hasty decisions and encourage compromise. ๐ŸŒ

How a Bill Becomes a Law

  1. Bill Introduction:
    • Bills can be written by anyone (members of Congress, the executive branch, interest groups).
    • Only a member of Congress can introduce a bill, becoming its sponsor.
  2. Committee Action:
    • Bills are referred to relevant committees and subcommittees.
    • Most bills die in committee.
  3. Floor Debate and Vote:
    • Debate and voting processes differ in the House and Senate.
    • Bills must pass both houses in identical form.
  4. Conference Committee:
    • If the House and Senate pass different versions, a conference committee creates a compromise bill.
  5. Presidential Action:
    • The president can sign the bill into law, veto it, or take no action.

Structure and Rules

House Rules

The House has many rules due to its large size (435 members).

  • House Rules Committee:
    • Determines debate time and whether amendments are allowed (open or closed rules).
    • Very powerful committee that can control a bill's fate.
Common Mistake

Students often underestimate the power of the House Rules Committee. Remember, they control the flow of legislation!

Key Roles in the House

  • Speaker of the House:
    • Presiding officer, chosen by the majority party.
    • Recognizes members to speak, assigns bills to committees, appoints members to committees.
  • House Majority Leader:
    • Leads the dominant party, pushes their agenda.
  • House Majority Whip:
    • Ensures party members vote with the party.
  • House Minority Leader:
    • Leads the minority party, organizes resistance.

Key Roles in the Senate

  • President of the Senate:
    • The Vice President, only votes in case of a tie.
  • President Pro Tempore:
    • Senior member of the majority party, fills in for the VP.
  • Senate Majority Leader:
    • Leads the majority party, sets the agenda.
  • Senate Majority Whip:
    • Assists the majority leader, rallies votes.
  • Senate Minority Leader:
    • Leads the minority party, resists majority agenda.
  • Senate Minority Whip:
    • Assists the minority leader, organizes opposition.
  • Committee Chairperson:
    • Heads of committees, can kill a bill, selected by the majority leaders.

Senate Rules

The Senate has fewer rules, allowing for more debate.

  • Filibuster:
    • A tactic to delay a vote by speaking for hours.
    • Can only be ended by a cloture vote (60 senators).
Memory Aid

Think of a filibuster as a senator talking a bill to death! ๐Ÿท

  • Earmarks:
    • Provisions that allocate money to specific projects.
  • Logrolling:
    • Trading votes between legislators.
  • Pork Barrel Legislation:
    • Using federal funds for local projects to please constituents.

Functions of Committees

Committees are where most of the legislative work happens. โš™๏ธ

  • Standing Committees:
    • Permanent committees with full legislative functions (e.g., Appropriations, Armed Services).
  • Subcommittees:
    • Formed to investigate specific topics within standing committees.
  • Select Committees:
    • Temporary committees with limited purposes (e.g., investigations).
  • Joint Committees:
    • Involve members of both the House and Senate, on matters of joint interest.
  • Conference Committee:
    • Negotiates a compromise bill acceptable to both houses.

Committees are a major focus on the AP exam. Know the different types and their functions!

The President's Desk

Once a bill reaches the President, they have three options: ๐Ÿง

  1. Sign it: The bill becomes law. โœ…
  2. Veto it: The bill is rejected. โŒ
  3. Take no action:
    • If Congress is in session, the bill becomes law after 10 days (excluding Sundays).
    • If Congress adjourns before 10 days, the bill is pocket vetoed and dies. ๐Ÿ’€
Exam Tip

Be sure to understand the difference between a regular veto and a pocket veto. It's a common point of confusion.

Overriding a Veto

Congress can override a presidential veto with a two-thirds vote in both houses. If they succeed, the bill becomes law without the President's signature.

Final Exam Focus

  • Key Concepts:
    • Bicameralism and its impact on policy making.
    • Delegated powers of Congress.
    • Unique powers of the House and Senate.
    • The legislative process and the role of committees. , ,
    • The role of the House Rules Committee.
    • Filibusters and cloture in the Senate.
    • Presidential actions on legislation.
  • Common Question Types:
    • Multiple choice questions on the powers of Congress and the legislative process.
    • Short answer questions on the differences between the House and Senate.
    • Free response questions on the impact of congressional structure and rules on policy making.
  • Last-Minute Tips:
    • Manage your time effectively. Don't spend too long on any one question.
    • Read each question carefully and make sure you understand what it's asking.
    • Use specific examples to support your answers.
    • Stay calm and confident! You've got this!

Practice Questions

Practice Question

Multiple Choice Questions

  1. Which of the following is a unique power held by the Senate? (A) Initiating all revenue bills (B) Impeaching federal officials (C) Confirming presidential appointments (D) Creating all federal laws

  2. What is the primary function of the House Rules Committee? (A) To oversee the budget process (B) To determine the rules for debate on a bill (C) To conduct investigations into executive agencies (D) To nominate committee chairs

  3. A filibuster is a tactic used in the Senate to: (A) Speed up the legislative process (B) Delay a vote on a bill (C) Override a presidential veto (D) Amend the Constitution

Free Response Question

Explain how the different structures, powers, and functions of the House of Representatives and the Senate affect the policy-making process in the United States. In your response, be sure to:

  • Identify two differences between the House and the Senate.
  • Explain how each of these differences affects the policy-making process.
  • Provide one example of a power unique to either the House or Senate and how it impacts policy.

Scoring Rubric

  • Point 1: One point for identifying a difference between the House and Senate (e.g., size, term length, representation).
  • Point 2: One point for explaining how the identified difference affects the policy-making process (e.g., the House's larger size leads to more structured debates, the Senate's longer terms allow for a more long-term view).
  • Point 3: One point for identifying a second difference between the House and Senate.
  • Point 4: One point for explaining how the second difference affects the policy-making process.
  • Point 5: One point for providing an example of a power unique to either the House or Senate (e.g., House's power to initiate revenue bills, Senate's power to confirm appointments) and how it impacts policy.

Question 1 of 16

What are the two chambers that make up the U.S. Congress? ๐Ÿค”

The House of Commons and the Senate

The House of Representatives and the Senate

The Supreme Court and the House of Representatives

The Executive Branch and the Legislative Branch