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Powers of Congress

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Lobbying- activist (often lawyer) who tries to persuade members of Congress to enact legislation that would benefit their group

Represent about every American interest group

Can be paid or volunteer Should congressmen vote for what they

think is best? What their constituents want (even if the congressman disagrees?) Or for what they’re getting persuaded to do?

Previously On…Q: How do Congresspeople affect their

constituents? Your Classmates’ Tweets:

What would you do for a pork-project in Saline?

DO NOW: 3 minutes

True or false: Congress has not declared war since WWII.› Explain your answer.

- clip

Constitution says…

Article 1, Sec 8- To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water

Senate debates the Tonkin Gulf Resolution, 1964…

From the resolution: That the Congress approves …of the President as Commander in Chief, to take all necessary measures to repel any armed attack against the forces of the United States and to prevent further aggression.

MR. MORSE: [Wayne Morse, Dem.-Ore.] . . . I believe this resolution to be a historic mistake. I believe that within the next century, future generations will look with dismay and great disappointment upon a Congress which is now about to make such a historic mistake.

War Powers 1973- Federal law that checks the

President from declaring war without Congressional consent.

Disregarded by:› -Pres Clinton, Kosovo ‘99› -Pres Obama, Libya ‘11

Can you be a Congressman?

Qualifications and the Powers

of Congress

Qualifications- Article 1, Section 2, 3

House of Representatives:› 25 years old› Citizen of the U.S. for at least 7 years› Residents of the state

Senate:› 35 years old› Citizen of the U.S. for at least 9 years› Resident of the state

Review/Preview

› How long do Representatives and Senators serve?

› How are these different from the qualifications of the President?

› What reasons can you find for having different qualifications?

Some Stats- 111th Congress (2009-2011)

Average length of service› Reps- 5+ terms (10 years)› Senators- 2+ terms (13 years)

93 women (record #, 17% of total) 41 African-American congressmen

(one in Senate), 8% of total 29 Hispanic congressmen (1 in

Senate) 95% have University degrees

States that have been represented by a woman

Senate- average age 63

Rep- average age 58

The Power of Incumbency Definition:

An incumbent is a politician who currently holds political office.

Incumbency has a large impact on the success of individuals in elections.

Why?

Here’s why1.) Voters know how their

representatives vote2.) More importantly, VISIBILITY3.) Franking privilege:

Free mail service that is designed to keep voters informed about current issues and their voting record. (p. 382 of your textbook)

Random fact:› Incumbents raise on average

6 times more for their reelection campaigns than their challengers

Pork Barrel Legislation- review

Quick definition:› Bringing federal funds to ones

constituents Can come in all different forms

› Federal projects› Contracts› Grants

Example:› The “Big Dig”

Finished Jan. 31, 2007 Boston, MA A project to take an existing 3.5 mile interstate highway and

move it underground Ended up costing $14.6 billion Tip O’Neill pushed to get this funding while he was Speaker

of the House

Privileges of Being in Congress

Salary:› The current salary for

members of the Senate and House of Reps is $174,000 per year

Other benefits› Tax deductions› Allowances› Subsidized meals, trips, free

recreational facilities, and franking privileges.

Overall, its not too bad to be a member of congress

Conduct The Constitution gives the

House and Senate the power to punish members who act out of line.› Censure

Formal reprimand

› Expulsion Forcing the member from

office

Only 4 members of congress have ever been expelled.

23 representatives and 9 senators have been formally censured

Congressional Powers

What do you immediately think of?

Powers of Congress Article I of the

Constitution gives congress the power to make law

3 types of power:› Expressed

Listed right in the constitution

› Implied Powers not

specifically listed in the constitution

› Nonlegislative

Expressed Powers

Power to Tax and Spend

First power listed in the Constitution› “levy and collect taxes, duties, imports,

and excises, to pay the debts, and provide for the common defense and general welfare of the United States.”

› Gives congress the power to collect and spend money Power of the PurseHouse Ways and Means CommitteeAppropriation

Power to Borrow Congress has the

power to borrow money on the credit of the U.S.

Government bonds› Government IOU’s

bought by individuals or companies

This takes form in the national debt

Debt Clock

]

Coining Money and Establish Bankruptcy Laws Coining money:

› The power to make money and regulate it.

Bankruptcy› When someone is

legally declared unable to pay one’s debts

Congress has:

Ratified a treaty that the Pres signed granting Oregon to the US in 1846

Signed in Don’t Ask, Don’t Tell (‘93)- and repealed it (‘11)

Investigated President Nixon in the Watergate scandal clip

Confirmed first Hispanic Supreme Court judge Sonia Sotomayor ‘09

Other Expressed powers

Commerce Power› Regulate commerce

with foreign nations› Interstate commerce

Power in foreign relations› Approve treaties› Spending on national

defense and foreign aid

War Powers› Declare war› Power to Punish Pirates

Judicial Power› Create federal courts

below the level of the Supreme Court

Power to establish post offices, copyrights, and patents

Power of naturalization and dominion over territories› Uniform rule of

naturalizations› Governing of territories

such as Virgin Islands, Guam, and Puerto Rico

Implied Powers

All implied powers are based off Article 1 Sec. 8 of the Constitution› “to make all laws which shall be necessary

and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution…”

› a.k.a -- NECESSARY AND PROPER CLAUSE (elastic clause)

Strict or Loose Interpretation

Strict or Loose Interpretation of this clause has long been debated› Debate over creation of First Bank of United

States (National Bank)› McCulloch v. Maryland (1819)

Supreme Court found creation of second bank necessary to carry out national governments’ monetary powers

Court supported the loose constructionists’ idea that the necessary and proper clause gave Congress right to make any laws needed to carry out its other powers

Implied Powers in Action

Where has this been used since then?› Improve rivers, canals, other waterways› Create the U.S. Air Force› Establishes federal parks› Creates federal laws against pollution› Define and provide punishment for federal

crimes› Fix minimum wages

Nonlegislative Powers Impeachment

Definition: Bringing formal charges against any member of the

Executive or Judicial branch of government accused of misconduct or wrongdoing.

Steps of Impeachment

1.) The House of Reps votes to impeach. - Majority vote required

2.) The case then goes to the Senate for a trial.- Senate then decides if the person is guilty or innocent.

*Conviction requires 2/3 of the senates approval

3.) If convicted, the official is removed from office

Resources in your textbook…

Page 380› Chart covering the differences between the

House and the Senate Page 391

› Powers of Congress Page 431

› How a bill becomes a law

Write down one question you had (that was unclear.

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