Name:
Date:
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Notes
Chp. 11½: Lawmakers and
Legislatures
Chp. 11½: Lawmakers and Legislatures
1
Objectives about Title
The Organization of Congress
I.
Leadership Roles in the House
Speaker of the House
John Boehner (R-OH)
nd
2 in succession following Vice President
No member may speak until he/she is recognized by the speaker
Refers bills to committees
Puts motions to a vote
Does not often vote, but must vote to break a tie
Majority Leader
Eric Cantor (R-VA)
Minority Leader
Nancy Pelosi (D-CA)
Majority Whip
Kevin McCarthy (R-CA)
Majority Whip
Steny Hoyer (D-MD)
1.
2.
Notes
Floor Leaders
a.
Legislative strategists for their party
b.
Tries to steer debates and other floor actions for their party’s benefit
Whips
a.
Floor leaders top assistants
b.
tell the floor leader which members, and how many votes, can be counted on in any particular matter
Chp. 11½: Lawmakers and Legislatures
2
c.
see that all members of the party are present for important votes
d.
persuades their parties’ members to vote with the party leadership
II. Leadership Roles in the Senate
President of the Senate
Vice President Joe Biden (D-DE)
Much less powerful than Speaker
May vote only to break a tie
President Pro Tempore
Patrick Leahy (D-VT)
Follows speaker in line of succession
Majority Leader
Harry Reid (D-NV)
Minority Leader
Mitch McConnell (R-KY)
Majority Whip
Richard Durbin (D-IL)
Minority Whip
John Cornyn (R-TX)
III. Congressional Committee System
1.
2.
Standing Committee – permanent committees in the House and Senate that handle most of the bills of Congress
a.
Gather information through hearings and investigations
b.
Subcommittees – do most of the work of reviewing proposed legislation
Select/Special Committees – panels set up for some specific purpose and for a limited time; usually to investigate a current
matter
3.
Joint Committees – most are permanent and composed of members from both houses; act as study groups which report
back to the two chambers of Congress
4.
Conference Committee – temporary joint committee that is formed to create a compromise if the House and Senate pass
two different versions of a bill
Notes
Chp. 11½: Lawmakers and Legislatures
3
The Powers of Congress
I.
Types of Congressional Powers
1.
expressed powers – powers explicitly written out; also known as the enumerated powers
a.
2.
most are listed in 18 clauses in Article I, Section 8 of the Constitution
implied powers – powers that are “necessary and proper” to carry out the expressed powers; expressed power #18 is the
elastic clause
3.
inherent powers – powers thought essential to the existence, dignity, and functions of Congress
a.
EX – controlling behavior in Congress, powers to investigate a government agency
II. Denied Powers
1.
listed in Article I, Section 9
2.
cannot suspend the writ of habeas corpus – court order to release a person to determine whether or not they’re illegally
detained
3.
bills of attainder – laws that establish guilt and can jail people without a trial
4.
ex post facto laws – cannot make a crime out of an act that was once legal
5.
cannot interfere with the Bill of Rights
III. Some Expressed Powers
1.
2.
3.
Levy and Collect Taxes
a.
Can be used to protect domestic business and public health and safety
b.
Limits – may not tax exports or church services, no poll tax, taxes can only he for public purposes
Borrow Money
a.
deficit financing – spending more than you make, then borrowing the rest to make up the difference
b.
public debt – money borrowed by the government over the years and has not repaid
c.
Balanced Budget Act of 1997

President Clinton and Congress did away with deficit financing; surpluses from 1998-2002

current public debt (as of 2/13/09) is $17.3 trillion

The estimated population of the United States is 317,516,180

so each citizen's share of this debt is $54, 562
Regulate Interstate and Foreign Commerce
a.
more responsible for uniting the states than any other clause in the Constitution
b.
the Civil Rights Act expanded Congress' power of Commerce to ban discrimination
c.
the Act prohibits discrimination in
31)
hotels, theaters, restaurants or any other public accommodations
4.
Coin Money
5.
Declare War - 8 of the 18 powers in Article I, Section 8 deal with war and national defense
Notes
Chp. 11½: Lawmakers and Legislatures
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The Implied Powers of Congress
The expressed power to lay and collect taxes
The expressed power to raise armies and a
navy
Implies the power
Implies the power
The expressed power to regulate commerce
Implies the power
The expressed power to borrow money
Implies the power
The expressed power to establish post
offices
The expressed power to establish
naturalization law
Implies the power
Implies the power
Notes
Chp. 11½: Lawmakers and Legislatures
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IV. Implied Powers
1.
Necessary and Proper Clause - gives Congress the ability to stretch its powers; also known as the elastic clause
2.
Upheld in the Supreme Court Case McCulloch v Maryland
V. Nonlegislative Powers
1.
Electoral Duties – if no candidate for President receives a majority of the electoral votes, the House chooses from the top
three candidates (each state only gets one vote), the Senate chooses the Vice President (each senator gets a vote)
a.
2.
3.
happened twice – Thomas Jefferson (1801) and John Quincy Adams (1825)
Executive Powers
a.
all major appointments must be confirmed by the Senate by a majority vote
b.
the President makes treaties, but they have to be confirmed by 2/3 of the Senate
Impeach – the power to accuse/bring charges
a.
The House can impeach a president with a majority vote
b.
The Senate holds the trial to convict – need 2/3 vote
c.
Chief Justive of the Supreme Court presides over the hearings
VI. Presidential Impeachments
1.
Andrew - impeached in 1867 over the Tenure of Office Act; Senate acquitted him by one vote
2.
Richard Nixon –
a. June 1972 – Republican operatives were caught breaking into the Democratic Party’s national headquarters in the
Watergate office complex in Washington D.C.
b. there was an investigation that led to allegations of bribery, perjury, income tax fraud, and illegal campaign contributions
c. the House subpoenaed President Nixon for his secret recordings of Watergate-related conversations in the Oval Office

subpoena – legal order directing someone to appear in court or turn over certain evidence
d. Nixon refused
e. August 9, 1974 – Nixon resigned before the House could impeach him
3.
Bill Clinton
a.
impeached in 1998 on charges of perjury and obstruction of justice

b.
many members of Congress thought the President should be censured, not impeached

c.
Notes
both articles were related to “inappropriate relationship” with Monica Lewinsky
censure – formal condemnation of behavior
Feb 12, 1999

Senate voted to acquit on obstruction of justice 50/50

Senate voted to acquit on perjury 55/45
Chp. 11½: Lawmakers and Legislatures
6
Analyzing Political Cartoons
In almost every newspaper around the world, a political cartoon is published that highlights a particular
viewpoint or idea through the use of illustration. Often, the image is exaggerated and intended to be humorous
as well as informative. Using your prior knowledge and the information from your notes, analyze the following
political cartoon.
1.
What scandal does the tidal wave represent?
2. How did the economy do while Bill Clinton was president?
3. What does the cartoonist suggest about Bill Clinton’s legacy as president?
Notes
Chp. 11½: Lawmakers and Legislatures
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Glossary Chp. 11½
Directions: Fill in the definition for the term listed. Then, in the box on the right, you have to draw a picture OR
write the definition in your own words OR write a sentence using the word that demonstrates its meeting.
Expressed Powers
.
Processing (Illustration, Summarization, or Sentence)
.
.
..
Implied Powers
.
Processing (Illustration, Summarization, or Sentence)
.
.
..
Writ of Habeas Corpus
.
Processing (Illustration, Summarization, or Sentence)
.
.
..
Bill of Attainder
.
Processing (Illustration, Summarization, or Sentence)
.
.
..
Ex Post Facto
.
Processing (Illustration, Summarization, or Sentence)
.
.
..
Deficit Financing
.
Processing (Illustration, Summarization, or Sentence)
.
.
..
Impeach
.
Processing (Illustration, Summarization, or Sentence)
.
.
..
Notes
Chp. 11½: Lawmakers and Legislatures
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Summary
DIRECTIONS: Choose only one of the following:
a) write a summary (25-75 words) of what you believe was the most important aspect of the notes/lecture
b) write what you believe to be the most interesting or memorable part of the notes/lecture (25-75 words)
c) draw something that symbolizes the notes/lecture to you (has to be different than your title page)
Notes
Chp. 11½: Lawmakers and Legislatures
9