try guided practice free
AP US Government
One-page, printable cheatsheet
Cheatsheet visualization
Answer questions to fill the grid
Table of Contents
Unit 2 Overview: Interactions Among Branches of Government
2.1 Congress: The Senate and the House of Representatives
2.2 Structures, Powers, and Functions of Congress
2.3 Congressional Behavior
2.4 Roles and Power of the President
2.5 Checks on the Presidency
2.6 Expansion of Presidential Power
2.7 Presidential Communication
2.8 The Judicial Branch
2.9 Legitimacy of the Judicial Branch
2.10 The Court in Action
2.11 Checks on the Judicial Branch
2.12 The Bureaucracy
2.13 Discretionary and Rule-Making Authority
2.14 Holding the Bureaucracy Accountable
2.15 Policy and the Branches of Government

👩🏾‍⚖️ap us government review

2.2 Structures, Powers, and Functions of Congress

Verified for the 2025 AP US Government exam•Citation:

The structure of the United States Congress, as established in Article I of the Constitution, was designed to balance responsiveness to the public with stability in governance. The bicameral system—composed of the House of Representatives and the Senate—reflects the principle of republicanism by ensuring that legislation is both representative of the population and respectful of state sovereignty.

Differences in size, powers, and internal procedures between the two chambers have created distinct institutional identities. These differences directly influence how Congress deliberates, compromises, and ultimately crafts public policy.

Institutional Differences and Their Effects on Policymaking

The House of Representatives, with its 435 members, was intended to be the legislative body closest to the people. With shorter terms (2 years) and representation based on population, members are expected to respond quickly to constituents' needs. This structure has led to more formal procedures and tighter controls on floor debate.

The Senate, by contrast, was designed to be more insulated from popular pressures. Each state receives equal representation (2 senators), regardless of population, and senators serve six-year terms. The Senate’s smaller size (100 members) allows for looser rules, greater individual power, and longer debates.

These differing structures influence how bills move through the chambers, how quickly they are considered, and how compromises are forged.

Constitutional Powers of Congress

Congress exercises both enumerated and implied powers, derived from Article I, Section 8 of the Constitution. These powers shape Congress’s ability to create and influence national policy.

Core Legislative Powers

CategoryPowers
EconomicTaxation, borrowing money, coining money, regulating commerce
Defense & Foreign PolicyDeclare war, raise and support armies, ratify treaties
LegalEstablish federal courts, pass laws for naturalization
InfrastructureEstablish post offices, create roads
OversightInvestigate executive actions, hold hearings

Congress also wields the "power of the purse", giving it control over federal spending. By authorizing and appropriating funds, Congress can influence or constrain executive agencies and shape national priorities.

⭐ Power of the Purse: Congress can reward or punish federal agencies by increasing or reducing their budgets, a powerful tool for oversight and influence.

Chamber-Specific Powers

Each chamber of Congress holds certain exclusive powers that further define its institutional role:

House of RepresentativesSenate
Initiates revenue (tax) billsConfirms presidential nominations (cabinet, judges, etc.)
Can impeach federal officialsHolds impeachment trials
Elects the President if the Electoral College tiesRatifies treaties (2/3 vote required)

These exclusive powers allow each chamber to check the other and to play distinct roles in the legislative and oversight processes.

Leadership Roles in Congress

The leadership structure in each chamber of Congress plays a central role in shaping legislative agendas, managing debate, and guiding party strategy. These roles are held by members of the majority and minority parties and reflect both institutional rules and internal party dynamics.

Important Roles in the House of Representatives

The Speaker of the House is the only House leadership position mentioned in the Constitution and is the most powerful figure in the chamber. The Speaker is elected by the majority party and serves as both presiding officer and political leader.

Duties of the Speaker:

  • Recognizes members to speak on the floor
  • Rules on the germaneness of motions
  • Assigns bills to committees
  • Appoints members to select and joint committees
  • Appoints the majority party members of the House Rules Committee
Source: North Georgia

Other Key House Leadership Positions:

PositionDescription
House Majority LeaderLeads the majority party in the House; helps schedule legislation and promote the party's legislative priorities
House Majority WhipAssists party leadership by counting votes and persuading members to support the party’s agenda
House Minority LeaderLeads the minority party; organizes opposition to the majority’s proposals

Important Roles in the Senate

The Senate leadership structure differs slightly, given its smaller size and procedural differences.

Key Constitutional and Procedural Roles:

PositionDescription
President of the SenateThe Vice President of the United States; may preside over debate and cast tie-breaking votes
President Pro TemporeLongest-serving member of the majority party; largely ceremonial role; presides in the Vice President's absence
Senate Party Leadership:
PositionDescription
Senate Majority LeaderMost powerful member of the Senate; sets the legislative agenda; assigns members to committees
Senate Majority WhipAids the majority leader in securing votes and maintaining party discipline
Senate Minority LeaderOrganizes the minority party’s strategy and legislative resistance
Senate Minority WhipAssists the minority leader in communication and vote organization

Committee Chairpersons (in both chambers):

  • Selected by the majority party, committee chairs control the committee's agenda.
  • They determine which bills are considered and can effectively "kill" bills by refusing to schedule hearings or votes.
  • Chairs also lead hearings and investigations and often become leading voices on specific policy issues.

⭐ Leadership positions are essential to managing debate, coordinating legislation, and advancing party agendas. While the Speaker has formal powers, both chambers rely heavily on majority and minority leaders and whips to control legislative flow and party cohesion.

Committee System: Division of Labor and Expertise

Congress conducts much of its work in committees, which are smaller groups of legislators responsible for drafting, debating, and revising proposed legislation. The majority party controls committee leadership and agendas.

Types of Committees

Committee TypeDescription
StandingPermanent, focused on specific policy areas (e.g., Armed Services, Judiciary)
SelectTemporary, often investigative (e.g., Benghazi Committee)
JointIncludes members from both chambers; may conduct research or oversight
ConferenceTemporary, reconciles differences in House and Senate versions of a bill
SubcommitteeSpecialized groups within standing committees for focused review

⭐ Committee Chairs: Usually members of the majority party with seniority, chairs have significant power over which bills are considered and how hearings are conducted.

Rules and Procedures in the House vs. Senate

House of Representatives

The large size of the House requires more structured rules. The Rules Committee plays a crucial role in determining how bills are debated, including whether amendments can be added.

  • Open Rule: Allows floor amendments to be proposed
  • Closed Rule: Prohibits amendments during floor debate
  • Discharge Petition: Rarely used mechanism to force a bill out of committee

The Speaker of the House, elected by the majority party, controls the legislative agenda and is second in the presidential line of succession.

Senate

Debate in the Senate is less structured. Any senator can request unanimous consent to proceed with legislation. The most iconic procedural tactic in the Senate is the filibuster—extended debate to block a vote. Ending a filibuster requires a cloture vote with the support of 60 senators.

TermDefinition
FilibusterDelaying tactic to prevent a vote
ClotureA vote to end a filibuster; requires 60 votes
HoldA senator's request to delay consideration of a bill or nomination

The Legislative Process

The passage of a bill is complex, involving multiple steps across both chambers:

  1. A bill is drafted (often with input from interest groups or the executive).
  2. It is introduced in either the House or Senate.
  3. The bill is assigned to a relevant committee and often to a subcommittee.
  4. The committee may hold hearings, mark up the bill, and vote to advance it.
  5. If approved, it moves to the full chamber for debate and voting.
  6. The process repeats in the second chamber.
  7. If versions differ, a conference committee reconciles the differences.
  8. The final bill is sent to the president for approval or veto.

⭐ The framers intentionally made this process slow to force compromise and prevent rash policymaking.

Budgeting and Spending

Congress must authorize the federal budget, which is divided into:

Type of SpendingDescription
Mandatory SpendingRequired by law (e.g., Social Security, Medicare, Medicaid)
Discretionary SpendingApproved annually (e.g., defense, education, infrastructure)

As mandatory spending increases due to an aging population and entitlement obligations, discretionary spending becomes more limited—unless tax revenue increases or deficits expand.

Pork-Barrel Legislation and Logrolling

Not all legislative behavior is purely ideological. Members of Congress often engage in actions to support local or political interests.

  • Pork-barrel legislation refers to the allocation of federal funds to local projects designed to please constituents.
  • Logrolling is the practice of exchanging political favors, such as voting for each other’s bills.

These practices, while sometimes criticized, are common tools used to build coalitions and move legislation forward.

Congressional Oversight and Transparency

Beyond passing laws, Congress provides an essential check on the executive branch through oversight.

  • Committees can issue subpoenas, conduct investigations, and hold hearings.
  • Oversight may be reactive (responding to scandal or mismanagement) or proactive (ongoing monitoring).

This function promotes transparency, helps root out corruption, and ensures that federal agencies implement laws as intended.

Final Stage: The President’s Role

Once both chambers pass a bill in identical form, it proceeds to the president:

Presidential ActionOutcome
Signs the billIt becomes law
Vetoes the billCongress may override with a 2/3 vote in both chambers
Takes no action (10 days)Becomes law if Congress is in session
Pocket vetoIf Congress adjourns before 10 days and no signature, the bill dies

⭐ Pocket Veto: A passive form of veto that cannot be overridden; it forces Congress to restart the legislative process.

Conclusion

The structure and function of Congress are complex by design. Through distinct powers, procedures, and responsibilities, the House and Senate jointly shape national policy. While the legislative process can be slow and contentious, this system is meant to reflect a wide range of interests, foster compromise, and protect against hasty decisions.

Understanding these mechanisms—from the Rules Committee to filibusters, committees to conference negotiations—is essential to mastering how laws are actually made in the United States.

🎥 Watch: AP GOPO - Congress' Two Chambers

Key Terms to Review (39)

Bills of Attainder: Bills of attainder are legislative acts that declare a person or group guilty of a crime and impose punishment without a trial. This practice is prohibited by the U.S. Constitution, emphasizing the importance of due process and protecting individual rights within the framework of the legislative process.
Bill Sponsorship: Bill sponsorship refers to the formal support and introduction of a proposed piece of legislation by a member of Congress, known as the sponsor. This process is essential in the legislative framework, as it initiates the journey of a bill through Congress, allowing it to be debated, amended, and voted upon. Bill sponsorship plays a critical role in representing constituents' interests and addressing specific issues within the framework of legislative powers.
Closed Rule: A Closed Rule is a procedural guideline used in the House of Representatives that limits debate on a bill and prohibits amendments from being made during the floor consideration. This rule is significant because it streamlines the legislative process by allowing for a quicker vote, while also ensuring that the original language of the bill remains intact without alterations. Closed Rules are often employed for controversial legislation or when the majority party wants to maintain control over the specifics of the bill's provisions.
Cloture: Cloture is a legislative procedure used in the U.S. Senate to end a filibuster or bring a debate to a close, allowing for a vote on the matter at hand. This mechanism is essential for managing the lengthy discussions that can occur during the legislative process and is a crucial tool for maintaining order and efficiency within the Senate. The cloture motion requires a specific number of votes to pass, which reflects the Senate's unique rules and structure that emphasize extended debate.
Congressional Oversight: Congressional oversight refers to the power of Congress to monitor, review, and supervise federal agencies, programs, and policies to ensure they are implemented effectively and in accordance with the law. This function is crucial for maintaining accountability within the executive branch, particularly over the bureaucracy and its rule-making authority, while also serving as a check on presidential power.
Conference Committee: A Conference Committee is a temporary joint committee formed by both the House of Representatives and the Senate to reconcile differences in legislation that has passed both chambers. This process ensures that a unified bill can be presented for approval to both houses, promoting legislative efficiency and cooperation. These committees are crucial for resolving discrepancies between House and Senate versions of a bill, which helps facilitate the legislative process.
Committee Hearings: Committee hearings are meetings held by congressional committees to gather information, hear testimonies, and evaluate legislation related to specific issues or policies. These hearings are essential for the legislative process as they allow members of Congress to investigate matters, question witnesses, and obtain expert opinions before making decisions on bills and resolutions.
Committee Chairperson: A committee chairperson is a member of Congress who is appointed to lead a committee, guiding its operations and overseeing the legislative process within that committee. This position is vital for managing the agenda, presiding over meetings, and ensuring that the committee's work aligns with the broader goals of Congress. The chairperson plays a crucial role in shaping legislation by influencing which bills are prioritized and how discussions unfold.
Delegated Powers: Delegated powers are the specific authorities granted to the federal government by the Constitution, allowing it to function effectively within its designated roles. These powers outline what the national government can do, ensuring that it operates within the framework established by the founding document. They also set clear boundaries on federal authority, distinguishing it from state powers and promoting a system of checks and balances.
Earmarks: Earmarks are provisions in legislation that direct funds to specific projects or programs, typically at the request of a member of Congress. They allow lawmakers to allocate federal money to particular local projects or initiatives that may not be broadly supported, often aiming to benefit their constituents. This practice connects to the broader functions and powers of Congress by illustrating how representatives can influence spending decisions and directly address local needs.
Ex Post Facto Laws: Ex post facto laws are laws that make an action illegal retroactively, meaning they punish individuals for actions that were legal at the time they were committed. This principle is rooted in the desire to ensure fairness and justice in the legal system, as it prevents the government from punishing citizens for actions that were not deemed criminal when performed. The prohibition of ex post facto laws is enshrined in the Constitution, reflecting a foundational aspect of legal protections in a democratic society.
Filibuster: A filibuster is a legislative tactic used in the U.S. Senate to delay or block a vote on a bill or nomination by prolonging debate or using other procedural means. This strategy can be employed by a minority group of senators to protect their interests and influence legislative outcomes, often requiring a supermajority to end the debate and proceed to a vote.
Floor Debate: Floor debate refers to the discussion and deliberation that takes place among members of Congress regarding proposed legislation. This stage is crucial as it allows representatives and senators to express their opinions, argue for or against the bill, and make amendments before a final vote is taken. The dynamics of floor debate can significantly influence the outcome of legislation and reflects the broader structures, powers, and functions of Congress, as well as how members engage with one another and their constituents.
House of Representatives: The House of Representatives is one of the two chambers of the United States Congress, responsible for making and passing federal laws. Its structure allows for representation based on population, ensuring that larger states have more influence in the legislative process. This body plays a crucial role in shaping policy, initiating revenue bills, and providing checks and balances against the other branch of government.
House Ways and Means Committee: The House Ways and Means Committee is one of the most important committees in the U.S. House of Representatives, primarily responsible for overseeing taxation and revenue-raising measures. This committee plays a critical role in shaping economic policy, as it has jurisdiction over all tax-related legislation, trade agreements, and social welfare programs like Social Security and Medicare.
House Majority Leader: The House Majority Leader is the second-highest-ranking official in the House of Representatives, primarily responsible for scheduling legislation, guiding party strategy, and mobilizing votes within the majority party. This position plays a critical role in the legislative process and influences the overall agenda of the House, as they coordinate with other leaders and members to ensure the passage of party priorities.
House Minority Leader: The House Minority Leader is the head of the minority party in the House of Representatives, responsible for organizing and unifying party members, strategizing legislative agendas, and representing the minority party's interests in negotiations and debates. This role is crucial for maintaining party cohesion and providing a counterbalance to the majority party's agenda within the legislative process.
House Majority Whip: The House Majority Whip is a leadership position in the U.S. House of Representatives responsible for assisting the Majority Leader in managing the party's legislative agenda and ensuring party discipline among members. This role involves rallying support for bills, tracking votes, and communicating party positions to the other members, making it crucial for the effectiveness of the majority party in Congress.
House Rules Committee: The House Rules Committee is a pivotal committee in the U.S. House of Representatives that establishes the rules for debate on bills and resolutions, determining how and when legislation will be considered. This committee plays a crucial role in the legislative process by controlling the flow of legislation and managing the timing and procedures for discussions, which can significantly influence the outcome of bills.
Joint Committee: A Joint Committee is a legislative committee made up of members from both the House of Representatives and the Senate, designed to streamline the legislative process and facilitate cooperation between the two chambers. These committees often focus on specific issues or areas of policy, allowing for more comprehensive oversight and analysis, and play a crucial role in the lawmaking process by combining expertise from both legislative bodies.
Legislative Process: The legislative process is the series of steps and procedures that Congress follows to create, amend, and enact laws. This process is essential for understanding how legislation moves through both chambers of Congress, reflecting the structures, powers, and functions that define the institution. It highlights the interplay between different roles, from committees to floor debates, while ensuring that both majority and minority voices are considered in lawmaking.
Logrolling: Logrolling is the practice where legislators exchange support for each other's proposed legislation, helping to secure the passage of bills that may not have sufficient individual support. This tactic often leads to compromises and alliances among lawmakers, enabling them to advance their own interests while also helping others achieve their goals. It plays a significant role in the dynamics of Congress, where members often rely on mutual cooperation to navigate the complexities of lawmaking.
Open Rule: Open Rule refers to a procedural guideline in Congress that allows for unlimited debate and the possibility of amendments to a bill during its consideration on the floor. This rule contrasts with closed rules, which restrict debate and limit amendments, thus fostering a more inclusive and democratic discussion about proposed legislation. The Open Rule is significant because it promotes transparency and gives members of Congress the opportunity to voice their opinions and suggest changes to legislation before it is finalized.
Pocket Veto: A pocket veto is a special type of veto exercised by the President of the United States, occurring when the President takes no action on a bill for ten days while Congress is adjourned. This action effectively kills the bill without formally vetoing it, as Congress cannot override a veto when not in session. The pocket veto serves as a strategic tool for the President, allowing them to avoid taking a public stance on controversial legislation.
Policy-Making Process: The policy-making process is the series of steps through which governmental policies are developed, implemented, and evaluated. This process often involves the recognition of a problem, the formulation of policy proposals, decision-making by governing bodies, implementation by various agencies, and evaluation to assess effectiveness. In the context of Congress, this process highlights the critical role legislators play in shaping laws and policies that affect the nation.
Pork Barrel Legislation: Pork barrel legislation refers to the practice in which lawmakers allocate government funds for local projects, primarily to benefit their constituents and secure political support. This type of legislation is often criticized as it can lead to wasteful spending and favors certain districts over others, raising questions about fairness and the overall efficiency of government spending. Pork barrel projects can enhance a politician's image as someone who brings resources back to their community, but they can also contribute to a culture of patronage and cronyism within the legislative process.
Power of the Purse: The Power of the Purse refers to the constitutional power of Congress to control government spending and taxation, serving as a crucial check on the executive branch. This power enables Congress to influence policy decisions by determining the allocation of funds, thus holding significant sway over both domestic and foreign affairs. The ability to regulate funding plays an essential role in maintaining a balance of power within the federal government.
President of the Senate (Vice President): The President of the Senate is the Vice President of the United States, who serves as the presiding officer of the Senate. This role includes overseeing Senate sessions, facilitating discussions, and casting tie-breaking votes when necessary. The position is crucial in maintaining order and ensuring that legislative procedures are followed during debates and votes.
President Pro Tempore: The President Pro Tempore is a high-ranking senator in the United States Senate who presides over the chamber in the absence of the Vice President. This role highlights the structure and functions of Congress, as it demonstrates how leadership positions are designated and how the legislative process is managed, ensuring that there is always someone in charge of proceedings.
Presidential Veto: The Presidential Veto is the power of the President of the United States to reject legislation passed by Congress, effectively preventing it from becoming law. This authority is a critical part of the legislative process, as it allows the President to check the decisions made by Congress and ensures that the executive branch has a say in federal lawmaking. The veto can influence the legislative agenda and is often used strategically to negotiate changes or modifications in proposed legislation.
Select Committees: Select committees are temporary congressional committees established to investigate specific issues, conduct hearings, and report their findings to the full chamber. They play a crucial role in the legislative process by addressing particular areas of concern that may not be covered by standing committees, allowing Congress to focus on urgent or specialized matters that require detailed examination.
Senate Minority Leader: The Senate Minority Leader is the head of the minority party in the U.S. Senate, responsible for representing the party's interests, coordinating legislative strategy, and providing leadership to fellow party members. This position plays a crucial role in the balance of power within Congress, especially when the majority party seeks to advance its agenda.
Senate Minority Whip: The Senate Minority Whip is a key leadership position in the U.S. Senate, responsible for assisting the minority leader in coordinating party strategy and ensuring party discipline among members. This role is crucial for the functioning of Congress as it helps maintain unity within the minority party, facilitating communication and mobilizing votes on important legislation.
Senate: The Senate is one of the two chambers of the United States Congress, composed of 100 members, with each state represented by two senators. It plays a crucial role in the legislative process, as well as in checks and balances within the federal government, impacting policy decisions and the functioning of democracy.
Senate Majority Leader: The Senate Majority Leader is the head of the majority party in the U.S. Senate, responsible for setting the legislative agenda and ensuring party discipline. This leader plays a crucial role in organizing the party's strategy, scheduling debates, and guiding the passage of legislation, making them one of the most powerful figures in Congress.
Senate Majority Whip: The Senate Majority Whip is a key leadership position within the U.S. Senate, responsible for supporting the Majority Leader in managing party strategy, securing votes, and maintaining party discipline. This role involves communicating party positions to senators, rallying support for legislation, and ensuring that party members are present for important votes.
Speaker of the House: The Speaker of the House is the presiding officer and highest-ranking member of the United States House of Representatives. This role involves not only overseeing House proceedings but also influencing the legislative agenda, appointing committee members, and ensuring that the House operates efficiently. The Speaker plays a crucial role in shaping policy and facilitating communication between different factions within Congress.
Standing Committee: A standing committee is a permanent legislative committee established under the rules of each house of Congress that handles bills and issues in specific policy areas. These committees play a crucial role in the legislative process, allowing for detailed examination of proposed legislation and oversight of governmental operations, thereby shaping the laws and policies of the nation.
Subcommittee: A subcommittee is a smaller, specialized group within a larger committee in Congress that focuses on specific areas of legislation or oversight. These subcommittees play a critical role in the legislative process, allowing for more detailed examination and discussion of proposed bills, investigations, and issues relevant to their designated jurisdiction.
Back
Practice QuizGlossary
2.3 Congressional Behavior