Notes
Congress (Article I)
- House: 435 members, two-year terms, based on population; starts revenue bills; impeaches. Led by the Speaker. The Rules Committee controls debate.
- Senate: 100 members, six-year terms; confirms appointments, ratifies treaties, and holds impeachment trials. The filibuster can be ended by cloture (60 votes).
- Lawmaking goes through committees, floor votes in both chambers, a conference committee if needed, then the president. Committees do most of the work.
- Enumerated powers include taxing, spending, declaring war and regulating commerce. Discretionary spending vs mandatory spending (entitlements like Social Security).
- Representatives act as delegates (vote as constituents want), trustees (use their own judgment), or politicos (a mix). Gerrymandering draws districts for political advantage; Baker v. Carr (1962) allowed courts to hear redistricting cases ("one person, one vote"); Shaw v. Reno (1993) limited racial gerrymandering.
- Divided government often leads to gridlock.
The presidency (Article II)
- Formal powers: veto (and pocket veto), commander in chief, treaties (with Senate approval), and appointments.
- Informal powers: executive orders, executive agreements, signing statements, and the bully pulpit (using the media to persuade the public).
- Federalist No. 70 argued for a single, energetic executive. The War Powers Resolution (1973) tries to limit the president's use of troops without Congress.
- The Twenty-Second Amendment limits presidents to two terms.
The courts (Article III)
- Judicial review (Marbury v. Madison, 1803). Federalist No. 78 called the courts the "least dangerous" branch.
- Federal judges serve for life (during "good behavior"). The Supreme Court mostly hears appeals and decides by majority opinion; there are concurring and dissenting opinions.
- Stare decisis (following precedent). Judicial activism vs judicial restraint.
- Checks on courts: Congress can change jurisdiction, pass new laws, or propose amendments; the president appoints judges.
The bureaucracy
Departments, agencies and commissions carry out laws, write regulations, and use discretionary authority. Congress checks the bureaucracy through oversight hearings and funding. Civil service hires based on merit.
Practice
The Constitution gives the House this power.
Ending debate requires a supermajority.
Delegates follow the wishes of the people they represent.
Executive orders aren't listed in the Constitution.
Hamilton defended lifetime appointments.
It opened the door to equal-population districts.
Courts usually follow past decisions.
Oversight is a key check on the bureaucracy.
Free response
Write your answer first, then open the scoring guide.
Free-response question
The president issues an executive order directing an agency to change how it enforces a federal law. Members of Congress object.
(a) Describe ONE way Congress could check the president's action.
Show the answer and scoring guide
Congress could pass a law reversing the order, cut the agency's funding for enforcing it, or hold oversight hearings.
Check off the points you earned:
(b) Explain why the president might use an executive order rather than seeking new legislation.
Show the answer and scoring guide
Executive orders are faster and avoid gridlock, especially in divided government when Congress is unlikely to pass the president's policy.
Check off the points you earned:
(c) Explain how the federal courts could be involved.
Show the answer and scoring guide
Opponents could sue, and the courts could use judicial review to decide whether the order exceeds the president's constitutional or legal authority.
Check off the points you earned: