Chapter 5 The Role and Powers of Congress

Chapter 5 Section 1

• Congress has 3 key duties in the running of our government• Make laws (legislate)• Oversees the performance of government

agencies• Provides services to the people

Chapter 5 Section 1

• Making laws : there are 4 main things that influence how members of Congress vote• Personal beliefs : studies show that members of

Congress’ vote is often influenced by their personal opinion on the issue, even if that is not what their constituents ( voters) believe

• Constituents’ interests: votes are influenced by the people the Congress member represents

• Interest Groups: Congress members may be influenced by information provided by interest groups

• Political Party Loyalty: members of Congress may vote based on what the majority of their political party wants

Chapter 5 Section 1

• Overseeing agencies: • Congress is in charge of investigating

government agencies to make sure that they are performing their duties properly. This is called Congressional oversight

Chapter 5 Section 1

• Provides services to the people: Members of Congress often get requests from their constituents to help them with various issues• Obtaining a government job• Getting an emergency passport • Complaints about specific laws• Requesting funding for a specific project or

organization

Chapter 5 Section 2 : House of Representatives

• The Founding Fathers thought the House would be filled with ordinary citizens who would serve for a brief period of time and then return to their ‘normal’ lives

Chapter 5 Section 2

• Size of the House• 435 members- set in 1910 remains the

number today• Congress can vote to change this number, it is

not written in the Constitution

Chapter 5 Section 2

• Distribution of Representatives is determined every 10 years by the census

• States may gain or lose representatives based on population changes

• Each state no matter the population must have at least 1 representative

• West and South have gained seats while the Northeast and Midwest have lost seats

• Districts are redrawn according to political affiliation at times, this is called Gerrymandering

• Westbury v Sanders: districts within a state must have roughly the same number of people

2000 Census

Chapter 5 Section 2

• Terms: • 2 year terms• Unlimited number of terms• If a representative resigns or is removed

from office the governor must call for a special election to determine the new representative

• The entire House is up for re-election every two years

Chapter 5 Section 2

• Qualifications• At least 25 years old• US citizen for 7 years• Legal resident of state they represent

Chapter 5 Section 2

• Salary and benefits• $174,000 a year

• 27th amendment states that Congressional pay raises will not take effect until after the next election year

• Last raise was in 2009 (voted on in 2008)• Office space• Money to hire staff, travel to and maintain offices

at home district, stationary, and other supplies• Franking privileges- allowed to send mail for

free• Pension, life insurance, special tax deductions,

medical services, free parking, free health club membership, immunity for prosecution for what they say on the House floor

Chapter 5 Section 2 : Senate

• The Founding Fathers wanted the Senate, unlike the House, to attract older more experienced people who would serve longer terms

Chapter 5 Section 2

• Size• 100 members- 2 from each state• This is the only part of the Constitution that

cannot be amended

• Terms• Serve for 6 years , unlimited number of terms• 1/3 of the Senators are up for re-election every 2

years• If a Senator resigns or is removed from office the

governor may appoint a new Senator

Chapter 5 Section 2

• Qualifications• At least 30 years old• US citizen at least 9 years• Legal resident of the state they represent

• Salary and benefits• $174,000 a year• Office space• Money to hire staff, travel to and maintain offices at home

district, stationary, and other supplies• Franking privileges- allowed to send mail for free• Pension, life insurance, special tax deductions, medical

services, free parking, free health club membership, immunity for prosecution for what they say on the House floor

Chapter 5 Section 3: Powers of Congress

• Expressed powers: written in Constitution

• Special powers: expressed powers given specifically to the Senate or the House

• Implied powers: needed to carry out expressed powers

Chapter 5 Section 3: Powers of Congress

• Expressed powers• Specifically listed in the Constitution• Give Congress the power to make laws in

5 main areas of government• Gov’t finance• Regulation of commerce• National defense• Law enforcement• National sovereignty

• Examples include collecting taxes and regulating foreign trade

Chapter 5 Section 3: Powers of Congress

• Special powers: also specifically listed in the Constitution• Impeaching officials: Congress can remove

pres. Or vice pres. From office for serious crimes against the nation

• House: draws up charges and votes on whether there should be a trial – this is referred to as impeaching

• Senate: holds a trial to determine guilt or innocence

• Andrew Johnson and Bill Clinton are the only presidents to be impeached but neither was convicted by the Senate

• Clinton: perjury• Johnson: violating Tenure of Office act – fired Sec of War

Chapter 5 Section 3: Powers of Congress

• Special powers• Approve treaties made by the President with

other countries (2/3 of the Senate must approve)• Approve judicial and executive appointments

made by the President (majority of Senate must approve)

• The House of Reps. would choose the President if no candidate received a majority of available electoral votes

• Senate would choose the Vice President if no candidate received a majority of the electoral votes

Chapter 5 Section 3: Powers of Congress

• Implied Powers• Elastic Clause: Congress has the power “

to make all laws which shall be necessary and proper for carrying out…” the expressed powers written in the Constitution

• Congress has used this clause to significantly expand its powers

Chapter 5 Section 3: Powers of Congress

• Implied powers• McCulloch v. Maryland (1819): many

argued that the Bank of the United States was unconstitutional . However the Supreme Court ruled that it was “necessary” in order for Congress to exercise the other expressed powers such as to borrow money and collect taxes.

Chapter 5 Section 3: Powers of Congress

• Limits on the Powers of Congress• Judicial review: Supreme Court can rule any

laws passed by Congress to be unconstitutional• Reserved powers (10th Amendment): the states

and the people hold all powers not given to the national gov’t by the Constitution

• Ex post facto law – can’t pass a law that punishes someone for an action that took place before the law was passed

• Bill of attainder- can’t pass a law that punishes a person who hasn’t been convicted in a court of law

• Writ of habeas corpus- can’t deny someone a trial

People who influence the members of Congress

• Interest Groups:• People acting together to achieve shared political goals• Goal: try to directly influence legislation by providing

members of Congress with information about proposed legislation

• MADD- Mother’s Against Drunk Driving• NORML- National Organization for the Reform of Marijuana Laws

• Political Action Committees:• Goal: to try to get certain politicians elected because they

are favorable to their view points• A committee formed by business, labor, or other special-interest

groups to raise money and make contributions to the campaigns of political candidates whom they support.

• Interest groups often form PAC’s to contribute to candidates election funds