AP Government Unit 2: The Three Branches of Government

Introduction

• Unit 2 Focus: Interaction of the three branches of government
• Branches Covered:
  • Legislative Branch
  • Executive Branch
  • Judicial Branch
  • Bureaucracy (unofficial fourth branch)
• Resources: Interview packet with exclusive video content, practice questions, course questions, and answers

Legislative Branch: Congress

Structure and Function

• Bicameral Structure: Congress is composed of two houses.
  • House of Representatives
    • Representatives apportioned by state population.
    • Serve 2-year terms; closely tied to constituents.
    • Total of 435 representatives.
  • Senate
    • 100 senators, 2 per state.
    • Serve 6-year terms; more responsibilities than House members.

Powers and Responsibilities

• Enumerated Powers: Explicit powers listed in Article 1, Section 8.
  • Includes federal funding, foreign policy, military legislation.
  • Power to declare war, raise revenue, coin money, pass budget.
• Implied Powers: Necessary and Proper Clause (Elastic Clause).
  • Powers not explicitly mentioned but necessary to execute enumerated powers.
  • Example: Establishment of a national bank.

Leadership Structure

• House of Representatives
  • Speaker of the House (majority party leader).
  • Majority and Minority Leaders.
  • Whips to enforce party discipline.
• Senate
  • President of the Senate (Vice President of the US).
  • President Pro Tempore.
  • Senate Majority Leader.

Legislative Process

• Formation of coalitions.
• Committee System
  • Standing, Joint, Select, and Conference Committees.

Congressional Work Process

• House Rules
  • Limited debate (1 hour per member).
  • House Rules Committee influences which bills reach the floor.
  • Discharge petition to bring bills out of committee.
• Senate Rules
  • Unlimited debate; use of filibuster and cloture.
  • Unanimous consent agreements.

Budgeting

• Mandatory Spending: Entitlements like Social Security, Medicare.
• Discretionary Spending: Subject to congressionally approved budgets.

Political Influences

• Polarization and Gridlock: Ideological divisions lead to slow policy-making.
• Models of Representation: Trustee, Delegate, Politico.
• Redistricting and Gerrymandering: Affects voting power and representation.
  • Key Cases: Baker v. Carr (1962), Shaw v. Reno (1993).

Executive Branch: The Presidency

Presidential Powers

• Formal Powers: Article 2 of the Constitution.
  • Veto power, command of armed forces.
  • Executive agreements (not treaties, which require Senate ratification).
• Informal Powers: Bargaining, persuasion, executive orders, signing statements.

Conflicts with Congress

• Appointments require Senate confirmation.
• Tensions with judicial nominations.

Expansion of Power

• Historical examples: Andrew Jackson, Abraham Lincoln, FDR.
• Federalist 70: Justifies a single executive for quick decision-making.

Communication

• Bully Pulpit: Using media to influence public opinion.
• Evolution from radio (FDR) to social media (Obama, Trump).

Judicial Branch: The Courts

Structure and Role

• Court System: District Courts, Circuit Courts of Appeals, Supreme Court.
• Required Document: Federalist 78 (judicial independence, judicial review).

Judicial Review

• Key Case: Marbury v. Madison (1803).

Precedents and Decision Making

• Stare Decisis: Let decisions stand unless overturned.
• Judicial Activism vs. Restraint.

Ideological Influence and Legitimacy

• Appointment of judges and ideological impacts on courts' decisions.
• Controversial decisions and legitimacy challenges.

The Bureaucracy

Structure and Function

• Components: Cabinet, agencies, commissions, government corporations.
• Tasks: Implement laws, write regulations, issue fines.

Working Relationships

• Iron Triangle: Bureaucracy, Congressional Committees, Interest Groups.

Checks on Bureaucracy

• Congressional oversight through committees and budget control.
• Presidential oversight through appointments.
• Legal challenges in courts.

Reforms

• Evolution from patronage to merit-based systems.
• Pendleton Civil Service Act (1883): Merit-based appointments.

Conclusion

• Comprehensive look at the operation and interaction of the three branches of government and the bureaucracy. Key historical and constitutional references highlight the evolution and current structure of the U.S. government.