CHAPTER 5 GOVERNMENT

THE LEGISLATIVE BRANCH

SECTION 1

•Congress

CONGRESS AND THE PEOPLE

• Article I gives the lawmaking power to Congress.• It also states that “the people of the several

states” shall choose members of Congress in regularly scheduled elections • Each member of Congress represents a group of

people. These people are known as constituents.• Members of Congress have to represent the

constituents as well as keep in mind what is in the best interest of the country as a whole.

CONGRESSIONAL MEMBERSHIP

• The founding fathers did not want to make Congress a priveleged group BUT they did intend that the legislative branch have more power than any of the other branches

• Our Congress is a bicameral legislature (meaning that it is made up of 2 houses)

CONGRESSIONAL SESSIONS

• Each term begins on January 3rd of odd numbered years and lasts for 2 years• Each term is divided into 2 sessions (meetings)• Each session lasts 1 year and includes breaks for

holidays and vacations• They remain in session until their members vote

to adjourn

MEMBERSHIP OF THE SENATE

• Salary and Benefits:• The Senate and the House set their own Salaries • The 27th Amendment does not allow Congress to give

themselves a raise for the term they are in.• “franking privelege” – stationary, postage, a medical

clinic, and a gymnasium for their use• They receive large allowances to pay their office staffs

and assistants, trips home, telephones, telegrams, and newsletters

• Income tax deduction in order to maintain 2 residences (1 in Washington DC and 1 in their home state)

• They receive a $150,000 a year pension for life when they retire

MEMBERSHIP OF THE SENATE

• Priveleges of Members:• They are free from arrest in all cases except treason,

felony, and breach of the peace• They cannot be sued for anything while they are in

Congress • They can be sued however for libel

MEMBERS OF CONGRESS

• There are a total of 535 members of Congress• There are also 4 delegates in the House • 1 from the District of Columbia, Guam, American

Somoa, and the Virgin Islands and there is also 1 resident commissioner from Puerto Rico (none of these can vote)• Generally they are lawyers. • There are also members that come from banking,

business, and education

SECTION 2

•The Powers of Congress

DEFINING THE POWERS OF CONGRESS

• Expressed Powers – Article I, Section 8, The specific powers of congress that are listed • (coining money, collecting taxes, regulating commerce, raising and

maintaining armed forces, and declaring war.)

• Implied Powers – Article I, Section 8 Clause 18 Powers that are only suggested by the Constitution.• (This gives the Congress the power to make all laws that are “necessary

and proper” for carrying out and executing all other laws. It is also known as the necessary and proper clause

DEFINING THE POWERS OF CONGRESS

• Inherent Powers – Powers that Independent nations have that don’t have to be spelled out.• (The power to control borders, make foreign treaties. The majority of

these laws are used by the President but Congress is able to get involved if necessary)

• Denied Congressional Powers – Article I, Section 9 lists the powers that are denied to Congress by the Constitution.

EXPRESSED POWERS

• There are 3 broad categories of expressed powers in the Constitution:• 1. Financing Powers-• 2. Commerce Powers- • 3. Defense Related Powers-

• All other powers listed are either to aid the development of the national economy or safeguard national sovereignty

FINANCING POWERS

• Congress has the power to raise money 1 of 2 ways either raising taxes or borrowing money.

• The majority of the Governments money comes from tariffs which are a tax on goods imported into the country.

• Taxes collected are either a direct tax or an indirect tax

• Indirect tax is levied on 1 person but passed on to another (gasoline is an example the tax is figured into the price of gas already)

• Direct tax is a tax an individual pays directly to the Government

FINANCING POWERS

• In 1913 the 16th Amendment allowed Congress to put an income tax directly on the citizens of the USA• The Constitution allows Congress to borrow and

work in a budget deficit (borrow more than is coming in)

COMMERCE POWER

• Congress and Congress alone have the right to regulate interstate commerce or trade or business between states.• This is a power that Congress did NOT have under

the Articles of Confederation.• This is listed in Article I, Section 8, Clause 3 and is

known as the Commerce Clause• Between the years of 1789 – 1950 no other

clause was under more litigation (legal issues) than the commerce clause.

COMMERCE POWER

• Gibbons v. Ogden (1824) defined the Commerce Clause • This case stated that only the Federal

Government can regulate interstate commerce.

DEFENSE RELATED POWERS

• The Constitution splits responsibility for national defense and foreign policy between Congress and the President.• They made the President Commander in Chief

because they knew for military purposes it was important to have a strong single leader • Although Congress has the right to declare war a

President can declare war without a Congressional declaration of war as well.

DEFENSE RELATED POWERS

• After Vietnam Congress passed a joint resolution in 1973 stating that the President must report to Congress anytime he sends troops into a possible conflict.

• Congress has power of purse over the military meaning if it totally disagrees with the Presidents use of a military it could cut the military funding

OTHER EXPRESSED POWERS

• Congress has the following expressed powers: • Coinage Power- make money • National Postal Service- US Post Office • Copyrights and Patents- Gives writers and

inventors “exclusive rights” to their property• Weights and Measures- Standardizing weights

and measures for the country

OTHER EXPRESSED POWERS

• Bankruptcy- Laws and procedures for bankruptcy • Naturalization- Immigration and citizenship • Federal Courts- Supreme Court • Congressional Elections- procedures and

policies for elections

IMPLIED POWERS OF CONGRESS

• They knew there would be issues that would come up that were not foreseen so they put in implied powers to congress in order to cover those situations.• Strict Constructionists believed this was wrong

and wanted Congress to only be able to control what was listed and not give them more power. • Loose Constructionists believed it was

important for Congress to be able to deal with anything that was “necessary and proper” be it listed or not listed in the Constitution.

IMPLIED POWERS OF CONGRESS

• This was a very heated debate mostly between Alexander Hamilton and Thomas Jefferson.

• Hamilton argued Congress should create a national bank and Jefferson argued that it should not because it was not listed in the Constitution.

• Hamilton won the debate and a bank was created but due to this he compromised and agreed to move the capitol to the District of Columbia area of the country

• When the charter for this bank ran up in 1811 the debate came up again and in the court case McColloch v. Maryland in (1819) Chief Justice John Marshall upheld and established the “Necessary and Proper” clause

NON-LEGISLATIVE POWERS

• These are laws that are not related to the making of laws.• Both houses share the power to submit

amendments to the constitution• Both houses have the right to conduct an

investigation with subpoena power • They have impeachment power• If the Vice President is unable to fulfill his duties

then it is both houses responsibility to appoint and approve a Vice President by way of a majority vote

LIMITS ON THE POWERS OF CONGRESS

• The supreme Court has Judicial Review which is a check on Congress and their actions

• A President may hurt a law passed by Congress by his lax enforcement of the law or by Presidential Veto

• Congress can not suspend the “writ of habeas corpus” (a policeman must be present in court when a person is facing charges they brought against them)

• Congress cannot pass a “bill of attainder” (a bill that punishes a person without a trial)

• Congress must honor “ex post facto law” (punishing someone for a crime that was not a crime at the time it was committed)

CHANGING POWER OF CONGRESS

• As the country has grown so has the power of congress • During the great depression congresses ability to

reach out to the daily lives of people for the betterment of the country economically were passed • New military agencies were created following

World War II• NASA was created by Congress

SECTION 3

•The House of Representatives

MEMBERS OF THE HOUSE

• House of Representatives has 435 members• Qualifications:• Office:Representatives must be atleast 25 years old• citizens of the USA for atleast 7 years• Be a legal resident of the state that elects them

• Terms of Office:• Elected for 2 year terms• Elections in November of even numbered years• They begin their term on January 3rd

HOUSE POWERS

• If no Presidential candidate gets a majority vote the House of Representatives has the power to choose a President • This has happened twice in 1800 (Thomas

Jefferson) and in 1824 (John Quincy Adams)•

MEMBERS OF THE HOUSE

• Representation and Reapportionment:• The Census Bureau does a census every 10 years to

determine the number of representatives each year• Reapportionment Act of 1929 limited the House to 435

members

• Congressional Redistricting:• This is where after the Census is done and the numbers

are set the states redistribute the locations of where their representatives represents

• Gerrymandering:• Political parties divide the states into congressional

districts in order to gain an advantage in elections• This is named after Elbridge Gerry from Massachusetts

HOUSE LEADERSHIP

• Speaker of the House :• The Speaker of the House is the presiding officer of the

House and its most powerful leader• The Speaker is chosen in a caucus (closed meeting of the

majority party at the start of each session of Congress and the entire House must approve the choice of Speaker

• The Speaker has much power by presiding over all sessions of the House,

• Recognizes the members to recognize first• Appoints members of some committees • Follows the Vice President in order of Presidential

Succession

HOUSE LEADERSHIP

• House Floor Leaders:• Majority Leader is the Speakers top assistant • They help plan the party’s legislative program• Steer important bills through the House • Make sure the chairpersons of all the committees finish

work on bills important to the party.• Majority leader is not a House official but actually a party

leader• Whips assist the Majority leader • The minority party in the House elect their own leaders

as well known as the (Minority leader, Minority Whips, etc.)

LAWMAKING IN THE HOUSE

• How are House bills scheduled?• All laws start as bills until Congress passes it and the President signs it• In order to present a bill the House representatives drop the bill in the

hopper (mohagony box that is accessible to all near the front of the chamber)

• The bill is introduced then the Speaker sends it to the appropriate committee

• Bills that survive the committee process then go on the House calendar• There are 5 calendars used:

• Union Calendar- lists bills dealing with money issues • Private Calendar- bills dealing with individual people or places • House Calendar- most public bills are put on this calendar• Consent Calendar- any bill the House gives unanimous consent to debate out of

regular order• Discharge Calendar- used for petitions to discharge a bill from committee.

HOUSE RULES COMMITTEE

• The Rules Committee helps direct the flow of major legislation

• The Rules Committee has the power to decide how and when legislation will be decided by the House

• The Rules Committee also settles debates among other House committees

• The Rules Committee can also block or delay bills that representatives and House leaders do not want to come to a vote on the floor

• A quorum is set (minimum number of members who must be present to permit a legislative body to take offical action) (218 members of House are a majority)

PURPOSE OF THE COMMITTEES

• What is the purpose of the Committees:• 1. They allow members of Congress to divide their work

among smaller groups• 2. They pick which bills to attempt to push through after

reviewing the thousands of bills submitted each year• 3. They hold public hearings and investigations and allow

the public to learn about key issues facing the nation.

KINDS OF COMMITTEES

• Standing Committees- Where they deal with certain issues continuously through different Congresses

• Subcommittees- Groups of standing committees that deal with specific responsibilities from the standing committee

• Select Committees- Temporary committees that study certain issues then report it back to Congress

• Joint Committees- They are similar to select committees they work with other committees on issues and report it back to Congress

• Conference Committees- This is setup when the House and Senate have passed different versions of a bill in order to mend the differences before sending it to the President

SECTION 4

•The Senate

MEMBERSHIP OF THE SENATE

• There are 100 members in the Senate (2 per state)• Qualifications:• Senators must be atleast 30 years old• Citizens of the USA for atleast 9 years before the election• Legal residents of the state they represent

• Term of Office:• Elections are in November of even numbered years• They begin their terms on Jan 3rd

• They have 6 year terms• 1/3 of the Senators run for re-election every 2 years

SENATE POWERS

• The Senate would choose a vice president if neither candidate got a majority vote (This was before we had party tickets) • The Senate provides advice and consent on

executive and judicial branch appointments made by the President • The Senate must also approve treaties that the

President puts into place for them to go into effect.

THE SENATE AT WORK

• (The Vice President presides over the Senate)• The Senate is much more informal than the House • Rules are more flexible • Topics can be debated for as long as necessary

before voting on them• The leadership is setup similar to the House with out

a Speaker. The Constitution names the Vice President the President over the Senate

• The most important Officers in the Senate are the Majority and Minority Leaders

THE SENATE AT WORK

• As in the House any member of the Senate may propose a bill• The Senate only has 2 Calendars:• The Calendar of General Orders- lists all the bills the Senate will

consider • Executive Calendar- Schedules treaties and nominations

• Due to the lack of time constraints on debating a bill the Senate runs into filibuster problems

• Filibuster- stall out the legislative process preventing a bill from being voted on

• A filibuster can be stopped when 3/5 the Senate vote for a cloture (each senator is only allowed to speak for 1 hour on a bill)

• The Senate is also like the House in that the Republicans sit on the right and the Democrats sit on the left.

RULES FOR LAWMAKING

• Complex Rules:• The House and the Senate print their rules every 2 years• House rules are generally aimed at defining the actions an

individual representative can take • The rules are designed toward moving legislation quickly once

it reaches the floor• Leaders of the House have more power than leaders of the

Senate

• Committee Work:• Committees do most of the work of Congress• Committee work is more important in the Senate because the

House is so much larger that the Senate • House Representatives tend to specialize more on a few issues

that are important their constituents

RULES FOR LAWMAKING

• Importance of Party Affiliation:• In both the House and Senate members of the Republican

party sit on the right and members of the Democratic party sit on the left

• The Republican majority began making sweeping changes in 1995 making the House more accountable

• These rules provided fewer committees, fewer staff members, term limits for the chair persons and the Speaker, and an end to absentee voting in committees

SECTION 5

•The Legislative Process

CHOOSING COMMITTEE MEMBERS

• The committees that members serve on are very important to their political future:• 1. Membership on some committees can increase their

ability at re-election• 2. Member on some committees can allow a member to

have influence on National policies • 3. Membership on some committees can allow one to

exert influence over other lawmakers

CONGRESSIONAL STAFF ROLE

• Congressional staff members do much of the important work on legislation:• Handle the growing work load• Help run committee hearing and floor sessions• Draft new bills• Write committee reports • Attend committee meetings • Help lawmakers to get re-elected

CONGRESSIONAL STAFF GROWTH

• Large staffs were not always prevalent as Senators used to do all of the work themselves• As the country grew and grew more complex

staffs developed and grew• Congressional staffs deal with all the letters and

requests from the Senators home state

STAFFS

• Congress has 2 types of staff (Personal Staff, and Committee Staff)

• Personal Staffs- Lawmakers have 3 types of personal staffs• Administrative Assistants-(AA) run the office, supervise the

schedule, and give advice on political matters• Legislative Assistants- (LA) keep lawmakers in formed on all bills,

research, draft bills, studies bills currently in congress, and writes speeches for the lawmakers

• Caseworkers- Assist requests for help from the lawmakers state, staff the offices of the lawmakers in their home state

• Committee Staff- All committees have staff members that assist in all aspects of the committees work and influence the committees on certain decisions (they are not elected but instead chosen by the lawmakers.