Congress The Legislative Branch Congress The Legislative Branch

Congress: The Legislative Branch

Congress: The Legislative Branch Chapter 5: Congress: The Legislative Branch Section 1: Congress Section 2: The Powers of Congress Section 3: The House of Representatives Section 4: The Senate Section 5: Congress at Work

Congress: The Legislative Branch Section 1 at a Glance Congress • Members of Congress strive to represent the interests of their constituents while keeping in mind the needs of the country as a whole. • Congress is a bicameral legislature with a House of Representatives and a Senate. • Congress plays a vital role in the system of checks and balances.

Congress: The Legislative Branch Congress Main Idea The voters elect members of Congress to represent them and to enact laws in their name. Congress plays a vital role in our government’s system of checks and balances. Reading Focus • How does Congress represent the people? • Why is the structure of Congress important? • What is the role of Congress in the system of checks and balances?

Congress: The Legislative Branch The People’s Representatives

Congress: The Legislative Branch Congress and the People Congress is the representative body through which the will of the people is made into law. Representing the People • Represent the interests of their constituents, the voters in the district that elected them • Attempt to balance the needs of their constituents with those of the nation as a whole Members of Congress • Tend to be older than the general population • Tend to be wealthier • Most of them have been white men • In recent years, more representative of the nation’s diversity

Congress: The Legislative Branch Identifying the Main Idea What groups do members of Congress represent? Answer(s): individual constituents, groups of constituents, the nation as a whole

Congress: The Legislative Branch The Structure of Congress is a bicameral legislature made up of the House of Representatives and the Senate. The House of Representatives • 1929: number fixed at 435 The Senate • 100 members • Number of representatives each state can elect based on state’s population • Each state represented by two senators • Apportionment: distribution of seats according to population • Representatives serve twoyear terms • Senators serve six-year terms

Congress: The Legislative Branch

Congress: The Legislative Branch The Structure of Congress (cont’d. ) The Two-House Structure • Bicameral legislature proposed at the 1787 Constitutional Convention • Great Compromise combined elements of two previously proposed plans, Virginia Plan and New Jersey Plan • Bicameral system adopted parts of both plans: states would have equal representation in Senate, but proportional representation based on population in House of Representatives

Congress: The Legislative Branch Summarizing What are the key features and purposes of the bicameral structure? Answer(s): possible answer—two houses with representation in one based on population, the other with equal representation; to balance democratic representation with political stability

Congress: The Legislative Branch Congress and Checks and Balances The Power of the Purse • Only Congress can deny funding requests from executive branch • Through appropriation, Congress can prevent president from carrying out policies The Impeachment Power • Impeachment power rarely used • Congress can charge officials with wrongdoing, bring them to trial • Process only in cases involving treason, bribery, “high crimes and misdemeanors” The Power of Advice and Consent • Senate must approve treaties negotiated by president • Senate has power to reject presidential appointees Other Checks and Balances • Begins process of amending Constitution • Can override presidential veto of bill • Congressional oversight: broad powers of executive review

Congress: The Legislative Branch

Congress: The Legislative Branch Identifying Supporting Details What are some examples of checks and balances Congress has over the executive branch? Answer(s): possible answer—power of the purse, power of advice and consent, impeachment, veto override, oversight

Congress: The Legislative Branch Section 2 at a Glance The Powers of Congress • Congress has extensive expressed, inherent, and implied powers. • The extent of Congress’s implied powers is a subject of debate. • The powers of Congress have expanded over time with the growth of government.

Congress: The Legislative Branch The Powers of Congress Main Idea The Constitution gives Congress many expressed powers, and it implies some others. The Constitution also places limits on the powers of Congress. Reading Focus • What types of powers does Congress have? • What are the expressed powers of Congress? • What are the implied powers of Congress? • What are some of Congress’s nonlegislative powers? • What are some of the limits on the powers of Congress? • How has the power of Congress changed during U. S. history?

Congress: The Legislative Branch A Fire Leads to Change

Congress: The Legislative Branch Defining the Powers of Congress • Three types of powers held by Congress – Expressed: spelled out in Constitution – Implied: suggested in Constitution in the necessary and proper clause – Inherent: powers a government maintains simply because it is a government • In addition to granting powers to Congress, the Constitution explicitly denies powers to the legislative branch.

Congress: The Legislative Branch Contrasting What is the difference between an expressed power and an implied power? Answer(s): An expressed power is specifically granted by the Constitution, whereas an implied power is merely suggested by the Constitution.

Congress: The Legislative Branch Expressed Powers of Congress Financing Powers Commerce Power • Uses power to “lay and collect taxes” by levying direct taxes and indirect taxes • Has power to regulate interstate commerce under Constitution’s commerce clause • Has power to borrow money on behalf of the United States in case of deficit • Only Congress can pass laws affecting economic activity that takes place across state lines. Defense-Related Powers • Framers granted Congress power to declare war • Congress retains power to raise army and navy and to provide for their funding Other Expressed Powers • Deal with regulation of national economy (coinage, postal service, copyrights and patents, weights and measures) • Include establishing bankruptcy law, naturalization process, courts

Congress: The Legislative Branch Expressed Powers of Congress • Clause 1: To levy taxes • Clause 2: To borrow money

Congress: The Legislative Branch Expressed Powers of Congress (cont’d. ) • Clause 3: To regulate foreign and interstate commerce • Clause 4: To establish uniform rules of citizenship

Congress: The Legislative Branch Expressed Powers of Congress (cont’d. ) • Clause 5: To coin money; to set uniform weights and measures • Clause 6: To punish counterfeiters

Congress: The Legislative Branch Expressed Powers of Congress (cont’d. ) • Clause 7: To establish post offices and post roads • Clause 8: To make copyright and patent laws

Congress: The Legislative Branch Expressed Powers of Congress (cont’d. ) • Clause 9: To establish national courts inferior to the Supreme Court

Congress: The Legislative Branch Expressed Powers of Congress (cont’d. ) • Clause 10: To define and punish piracy and other violations of international law • Clause 11: To declare war • Clause 12: To raise and support armies

Congress: The Legislative Branch Expressed Powers of Congress (cont’d. ) • Clause 13: To raise and maintain a navy • Clause 14: To establish military laws • Clause 15: To call up a national militia in times of uprising or foreign invasion

Congress: The Legislative Branch Expressed Powers of Congress (cont’d. ) • Clause 16: To organize, arm, and discipline a militia when it is called into service • Clause 17: To exercise jurisdiction over the District of Columbia

Congress: The Legislative Branch Expressed Powers of Congress (cont’d. ) • Clause 18: To make all laws necessary and proper to the execution of any of the other expressed powers Over time, Clause 18, the necessary and proper clause, has become the source of authority for much of the congressional legislation that affects Americans’ everyday lives.

Congress: The Legislative Branch Summarizing How do Congress’s expressed powers in finance, defense, and commerce give it a leading role in American life? Answer(s): possible answer—The powers to coin money, borrow money, levy taxes, and regulate commerce give Congress great power over the economy and the direction and scope of federal programs. Its power to declare war and its role in the National Guard ensures that Congress plays a major role in defense. These powers ensure that Congress plays a leading role in American life.

Congress: The Legislative Branch Landmark Supreme Court Cases Gibbons v. Ogden (1824) Why It Matters: Gibbons v. Ogden was the first case in which the Supreme Court ruled on the Constitution’s commerce clause, which concerns Congress’s power to regulate interstate commerce.

Congress: The Legislative Branch Implied Powers of Congress Loose and Strict Constructionists • Founders disagreed about how necessary and proper clause should be defined • Strict constructionists – Congress should only exercise powers explicitly granted in Constitution – Known as Antifederalists • Loose constructionists – Congress should have more freedom to interpret Constitution – Known as Federalists The Necessary and Proper Clause Today • Has led to expanded federal authority over time

Congress: The Legislative Branch

Congress: The Legislative Branch Identifying Cause and Effect How did the Supreme Court’s decision in Mc. Culloch v. Maryland lead to extension of congressional power? Answer(s): by allowing Congress to take other reasonable actions in the interest of preserving the general welfare

Congress: The Legislative Branch Nonlegislative Powers Common to Both Houses • Propose constitutional amendments • Conduct investigations • Ability to issue subpoenas, documents that require person to testify Powers of the House • Under Twelfth Amendment, House can choose president if no candidate receives majority of electoral votes Powers of the Senate • May choose vice president • Provides advice and consent on presidential appointments • Must approve treaties negotiated by president

Congress: The Legislative Branch Making Inferences Why do you think the subpoena power is important for Congress? Answer(s): To conduct its investigations honestly and effectively, Congress needs to be able to call people to testify.

Congress: The Legislative Branch Limits on the Powers of Congress • Many clauses in Constitution protect citizens’ basic civil rights • Congress may not suspend writ of habeas corpus, except in cases of rebellion or invasion • Congress is forbidden from passing bill of attainder, law that allows person to be punished without trial • Constitution also forbids Congress from passing ex post facto laws, laws that criminalize a past action

Congress: The Legislative Branch Identifying Supporting Details What are some of the limitations on the powers of Congress? Answer(s): possible answer—judicial review, executive veto, constitutional bans against passing bills of attainder and ex post facto laws

Congress: The Legislative Branch The Changing Power of Congress In the twentieth-century Congress expanded its power to meet the needs of the growing nation. • Responded to severe economic crisis in 1930 s: provided Social Security, help to unemployed • Post–World War II, responded to new status of nation as dominant world power: created new U. S. Air Force, CIA, NASA • Delegated some powers to federal agencies it created

Congress: The Legislative Branch Identifying the Main Idea What has happened to the powers of Congress over time? Answer(s): possible answer—They have grown with the scope of Congress’s activities.

Congress: The Legislative Branch Section 3 at a Glance The House of Representatives • Membership in the House of Representatives is apportioned to each state on the basis of its population. After each census, seats in the House are reapportioned among the states and new district boundaries are drawn. • The Speaker of the House is one of the most powerful leaders in government. • The House relies on a committee system to conduct much of its business.

Congress: The Legislative Branch The House of Representatives Main Idea The House of Representatives, with its frequent elections and regular reapportionment, is the more representative chamber of Congress. Its members carry out much of their work in committees. Reading Focus • What are the key features of the House of Representatives and its membership? • What are some of the challenges that reapportionment and redistricting raise? • How is the leadership of the House organized? • What is the role of committees in the operation of the House?

Congress: The Legislative Branch The Power of the Speaker

Congress: The Legislative Branch Membership in the House Formal Qualifications • House members chosen by direct popular vote • According to Constitution, House is responsible for “Elections, Returns, and Qualifications of its own Members” • Representative must be at least 25 years old and resident of state he or she represents. • Members must also have been U. S. citizen at least 7 years Informal Qualifications • Candidates with military backgrounds, celebrities often popular choices for House membership • Ability to raise significant funds for campaigning is important informal qualification for House membership

Congress: The Legislative Branch

Congress: The Legislative Branch Identifying Supporting Details What are the formal and informal qualifications for membership in the House? Answer(s): at least 25 years old, U. S. citizen for seven years, resident of state represented, high voter appeal, ability to raise money

Congress: The Legislative Branch Reapportionment and Redistricting Changes in Population Gerrymandering • Each state must have at least one representative • State governments responsible for creating voting districts within state • Constitution requires that House redistribute number of seats available to each state every 10 years • Gerrymandering: redrawing district boundaries for political gain • Reapportionment based on most current census figures One Person, One Vote • According to Constitution, each person’s vote must have same basic value • Gerrymandering has been used to disenfranchise racial minorities • Supreme Court has restricted use of gerrymandering

Congress: The Legislative Branch

Congress: The Legislative Branch Sequencing What are the steps by which House seats are assigned to different states? Answer(s): A census is held; Congress reapportions seats to the states based on the changes in population.

Congress: The Legislative Branch Leadership in the House The Speaker of the House • The presiding officer of the House is called the Speaker of the House. – Elected by his or her peers – Member of majority party • The Speaker has authority over much of the business of the House. – Presides over debates – Rules on points of order – Assigns bills to committees • The Speaker is behind the vice president in the line of succession to the presidency.

Congress: The Legislative Branch Leadership in the House (cont’d. ) Other Leadership Posts • Party officers elected at beginning of term at party caucus • Both Democratic and Republican Parties elect floor leader • Majority leader serves as assistant to Speaker of the House • Both parties elect whips, function is to secure votes in line with party leadership House Rules • House has congressional authority to make own rules • House Rules Committee very powerful, responsible for setting conditions under which bills are debated

Congress: The Legislative Branch

Congress: The Legislative Branch

Congress: The Legislative Branch Making Inferences What role does the leadership play in running the House? Answer(s): possible answer—Leadership sets committee assignments, shapes the House’s agenda and debates, and enforces party discipline.

Congress: The Legislative Branch The Role of Committees Standing Committees Other Committees • Standing committees: permanent committees that address broad topics • Select committees: meant to carry out specific task • Subcommittees: specialize in areas within a broader topic Committee Chairs • Position of committee chair very powerful • Chairs chosen by majority party • Position usually goes to most senior member on committee • Joint committees include both House and Senate members; address issues that affect both chambers Committee Membership • House members usually serve on two standing committees, four subcommittees at a time • Members request assignments based on personal interest, concerns of constituents

Congress: The Legislative Branch

Congress: The Legislative Branch Identifying the Main Idea What is the advantage of having committees in the House? Answer(s): possible answer—Committees divide the workload and allow members to specialize on specific areas of public policy.

Congress: The Legislative Branch Section 4 at a Glance The Senate • Each state has two senators, regardless of population. Like the House, the Senate relies on a system of committees. • Senate traditions, such as open debate, make it a distinctive body.

Congress: The Legislative Branch The Senate Main Idea Senators represent entire states, have longer terms, and follow different rules of debate. These features help give the Senate its reputation as a more weighty and careful body than the House. Reading Focus • What are the major features of the Senate and its membership? • What are the Senate’s leadership posts? • What is the role of committees in the Senate? • What are some of the distinctive rules and traditions of the Senate?

Congress: The Legislative Branch Debate in the Senate

Congress: The Legislative Branch The Senate and Its Membership Formal Qualifications • Must be at least 30 years old • Must reside in state he or she represents • Must be U. S. citizen at least nine years Informal Qualifications • Tend to be older and wealthier than House members • Senate does not reflect diversity of U. S. population • Less diverse body than House • Serve six-year terms Election of Senators • State legislatures originally chose senators • Since 1913, 17 th Amendment, elected by direct popular vote

Congress: The Legislative Branch

Congress: The Legislative Branch Contrasting How do requirements for a senator’s seat differ from those for a House member? Answer(s): senator, at least 30 years old, instead of 25, must have been a U. S. citizen for at least nine years instead of seven

Congress: The Legislative Branch Senate Leadership Constitutional Positions • Senate’s presiding officer – Vice president of the United States is president of the Senate – Largely ceremonial; votes only in circumstance of tie, casts deciding vote • When presiding officer absent – President pro tempore presides in absence of president of the Senate, traditionally longest-serving senator of majority party – Third in line in presidential succession behind Speaker of the House Party Leaders • Leading the majority – Senate majority leader most powerful position in Senate – Chosen by party caucus, works to fulfill party’s agenda in Senate • Minority leader guides work of minority party in Senate

Congress: The Legislative Branch

Congress: The Legislative Branch Identifying the Main Idea and Details What is the Senate leadership structure? Answer(s): President of the Senate presides; president pro tempore presides in the absence of the president of the Senate; Senate majority and minority leaders head their respective parties.

Congress: The Legislative Branch Committees in the Senate Types of Senate Committees Membership in Committees • 16 standing committees and dozens of subcommittees • Usually serve on three committees and five subcommittees • Assignments allow senators to become familiar with specific issues of public policy • Members seek assignments that align with constituents’ concerns and personal interests Committee Chairs • No senator can chair more than one committee • Committee chairmanships generally chosen by seniority rule Senate Committee Power • Top nominees of president reviewed by relevant Senate committee • Debate and vote on treaties, need two-thirds majority to become law

Congress: The Legislative Branch

Congress: The Legislative Branch Contrasting How do committee assignments differ in the House and Senate? Answer(s): Senate committee assignments are made by the party caucus rather than by party leaders.

Congress: The Legislative Branch Rules and Traditions The Filibuster • Senate places fewer limits on debate than House • Senators may use stalling tactics like filibuster – Opponents of measure refuse to stop talking hoping to prevent measure from coming to vote – Cloture can limit filibuster, requires two-thirds vote to end debate Discipline in the Senate • Constitution states Senate should judge conduct of own members • Senators can be expelled or censured Filling Vacancies • Vacancy occurs if senator dies in office or retires during term • State’s governor appoints temporary replacement

Congress: The Legislative Branch Summarizing What are some of the unique traditions of the Senate? Answer(s): filibuster, cloture, governor-appointed replacements

Congress: The Legislative Branch Debating the Issue: The Seniority System Should seniority be a determining factor for committee chairs in the House of Representatives and the Senate? For most of the twentieth century, committee chairs were chosen strictly according to the seniority system, which reserved these posts for the long-serving committee members of the majority party. A series of reforms in the 1970 s and 1990 s empowered party conferences to elect their committee chairs through secret ballots and set term limits on a chair’s service. Still, committee chairs and ranking minority party members are almost always the longest-serving members of their respective parties on a committee.

Congress: The Legislative Branch Debating the Issue

Congress: The Legislative Branch Section 5 at a Glance Congress at Work • Bills may be introduced in either house and usually get assigned to committees for analysis and revision. • Floor debates differ in the House and Senate. • Differences between House and Senate versions of a bill are resolved in a conference committee. • The president needs to sign a bill for it to become law.

Congress: The Legislative Branch Congress at Work Main Idea The main job of Congress is to make laws. The process of making laws is well established and orderly. Reading Focus • How are bills introduced in Congress? • What happens to a bill in committee? • What happens to a bill on the floor of the House and Senate? • What is a conference committee? • What actions can a president take on a bill?

Congress: The Legislative Branch Purpose of Laws

Congress: The Legislative Branch New

Congress: The Legislative Branch Bills in Congress Introducing Bills • Both houses of Congress introduce bills – Most bills are public and affect entire country – Private bills affect only one individual or small group of people • Rider: provision added to a bill that has little or no relationship to bill’s main intent – Usually unpopular provisions unlikely to pass on their own Other Types of Action • Joint resolution: similar to a bill – Used for certain circumstances – Must be signed by president, carries force of law • Concurrent resolutions: address operations in both chambers, do not carry force of law

Congress: The Legislative Branch Summarizing What are some of the legislative actions that Congress takes? Answer(s): passing bills, passing joint resolutions, passing concurrent resolutions

Congress: The Legislative Branch Bills in Committee Most bills submitted to Congress do not become law. Referral • Bills first referred to particular committee in House or Senate • Bill may later be assigned to subcommittee Committee and Subcommittee Hearings • Public hearings get input on bills under consideration The Subcommittee’s Report • Subcommittee issues report on bill to full committee following hearing • Subcommittee’s report based on majority of committee members’ recommendation • Report can be favorable, unfavorable, neutral

Congress: The Legislative Branch

Congress: The Legislative Branch Bills in Committee (cont’d. ) The Markup Process • Full committee further debates bill, considers any amendments • If committee decides to take no further action, bill is virtually killed • Rarely, discharge petition used by House to force bill out of committee House Rules • House Rules Committee sets rules to govern how bills debated or amended • Some major budget or appropriations bills bypass Rules Committee • Three main types of rules: open, closed, modified – Open rules allow amendments – Closed rules forbid amendments – Modified rules limit amendments

Congress: The Legislative Branch

Congress: The Legislative Branch Sequencing What are the steps a bill follows while it is in committees? Answer(s): assigned to subcommittee, hearings held, subcommittee report, markup process, committee votes on how to report bill to full chamber or takes no action on bill, if approved by committee, bill passes to Rules Committee

Congress: The Legislative Branch The Bill on the Floor After a bill leaves committee, it moves on for the full consideration by the House or Senate. The Bill in the House • House votes to accept rules • Committee of the Whole is formed by all members • Debates bill, recommends amendments • Quorum for Committee of the Whole is only 100 • Members must publicly state votes in roll-call vote The Bill in the Senate • Requests for debate limits and amendment restrictions require unanimous consent of Senate. • Important bills subject to roll-call votes, as in House

Congress: The Legislative Branch Comparing and Contrasting How does floor debate on a bill differ in the House and Senate? Answer(s): possible answer—The House limits time allowed for debate and the right to offer amendments; the Senate usually does not place such limitations.

Congress: The Legislative Branch The Conference Committee Resolving differences between House and Senate versions of a bill is the responsibility of a conference committee. • No formal rules for dual-chamber committee meetings • If conference committee does not reach agreement, bill may die • If conference committee does reach agreement, issues report to both houses • If both House and Senate accept, bill moves on for president’s approval

Congress: The Legislative Branch

Congress: The Legislative Branch Identifying the Main Idea What is the purpose of a conference committee? Answer(s): to resolve differences between House and Senate versions of a bill; create a common bill acceptable to both

Congress: The Legislative Branch Presidential Action on a Bill • President can sign bill into law • President can choose not to sign bill – After 10 days if Congress still in session, bill becomes law – If Congress adjourns during 10 -day period, bill does not become law; known as a pocket veto • President may outright veto bill • Congress can override veto with two-thirds majority vote in both houses

Congress: The Legislative Branch Summarizing What are the different ways a president has to reject a bill? Answer(s): pocket veto and veto

Congress: The Legislative Branch We the People: The Citizen and the Constitution The Sources of Laws Where do members of Congress get ideas for legislation and information in deciding which bills to introduce or support? As the people’s representatives, they must be open to ideas from a number of sources. • The executive branch • Constituents • Interest groups

Congress: The Legislative Branch

Congress: The Legislative Branch