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US Congress
Chapter 6
Intentions of Constitutional Design
The Framers of the Constitution were ambivalent about
democracy and concerned about the possibility of government
tyranny.
Wanted an energetic government capable of accomplishing its
assigned tasks.
Intended for the legislative branch to be the center of
policymaking.
Made sure that Congress was surrounded by competing centers
of government power.
Experienced the weakness of the congress under the Articles of
Confederation.
Article 1, Section 1 gave Congress the power to make laws.
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National Powers Under the Constitution
Enumerated powers (Article I, Section 8) of
Congress
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Lay and collect taxes and duties
Borrow Money
Regulate commerce with foreign nations and among the states
Establish rules for naturalization (the process of becoming a citizen) and bankruptcy
Coin money, set its value, and fix the standard of weights and measures
Punish counterfeiting
Establish a post office and post roads
Issue patents and copyrights
Define and punish piracies, felonies on the high seas, and crimes against the law of nations
Create courts inferior to (below) the US Supreme Court
Declare War
Raise and support an army and navy and make rules of their governance
Provide for a militia (reserving to the states the right to appoint militia officers and to train
militias under congressional rules)
Exercise legislative powers over the seat of government (the District of Columbia) and over
places purchased to be federal facilities (forts, arsenals, dockyards, and “other needful
buildings”
Make all Laws which shall be necessary and proper for carrying into Execution the foregoing
Powers, and all other Powers vested by this Constitution in the government of the United
States
Other Powers of Congress
Necessary and Proper Clause or Elastic Clause –
Allow Congress’s powers to expand beyond enumerated
list…basis for the Implied Powers to make whatever laws
necessary to carry our responsibilities.
Examples
McCulloch v. Maryland (1819)
Department of Homeland Security
National Income Tax
Healthcare Reform Act
Reserved Powers – Those powers not listed in Article I are
reserved to the states; stems from 10th Amendment.
Nationally organized on basis of “Separation of Powers”
and “Checks and Balances”
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Roots of the Legislative Branch
of Government
Bicameral legislature – Created by the Connecticut
Compromise (Great Compromise). Structure of
Congress divided into two houses.
House (Lower House)
Representatives based on population
2 -year term with no term limits
Senate (Upper House)
Two from each state
6 -year term with no term limits
Eligibility and Apportionment
Apportionment – House Seats are apportioned every 10 years
following the Census
3/5 Compromise – originally slaves were counted as 3/5 of a
person for 20 years following the ratification of the US
Constitution
House
Twenty-five years old and a citizen for at least seven years
1929 – House size fixed at 435
Senators
Thirty years old and a citizen for at least nine years
Until 1913, state legislatures elected the Senators directly
17th Amendment (1913) – gave people the power to elect
Senators directly
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Key differences between the House/Senate
A Typical Day for a Member of Congress
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Congressional Demographics
Better educated than general population…Two-thirds of members
hold advanced degrees
Wealthier than general population
Average age House members is 57, while the average age Senators
is 63.
More while males although numbers of women and minorities
increasing
Salaries - $174,000 House and Senate Members/$193,400 Leaders/
$223,500 Speaker of the House
27th Amendment – No law, varying the compensation for the services of
the Senators and Representatives, shall take effect, until an election of
Representatives shall have intervened. Proposed in 1789 but not ratified
until 1992.
Retirement - receive retirement and health benefits that are identical
to other federal employees and fully vested after 5 years of service
Meet January through September
Advantages to Incumbency
Name recognition – Member’s names have been on the ballot before, and
voters may associate their names with programs or social services they
have brought to the district
Credit Claiming (Pork/Pork-Barrel) – Members claim to be responsible
for federal money brought to the district.
Franking privilege – Members may send mail or newsletters for free by
using their signature in place of a stamp
Access to the media – Members and their staffs may have relationships
with reporters and may find it easy to spin stories or give quotes.
Ease in fund-raising – Incumbents’ high re-election rates make them a
safe bet for individuals or groups wanting to give donations in exchange for
access
Experience in running a campaign – Members have already put
together a campaign staff, made speeches, and come to understand
constituent concerns
Redistricting – In the House, a member’s district may be drawn to
enhance electability.
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Redistricting
Follows census
State Legislatures redraw districts
Often political in nature
Party in power controls the process
Gerrymandering
Drawing a district to favor a party or candidate
What is Gerrymandering?
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How are the House of Representatives and
the Senate Organized?
Leadership Positions
____________ Congress, ___ Session
House of Representatives
Speaker of the House (_____________)
Most powerful position in the House
Elected at the beginning of each new session by the
entire house
Leadership Teams
Majority Leader (_______________)
Minority Leader (_______________)
Senate
Presiding Officer/President of the Senate (________________)
President Pro Tempore (________________)
Majority Leader (____________________)
Minority Leader (____________________)
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The Committee System
Types of committees
Standing Committees/Sub Committees – permanent
committees; first and last place to which most bills go for
consideration
Joint Committees - conduct investigations, special
studies, and focus on major issues such as the economy
or a specific scandal.
Conference Committees - special joint committees that
work out the differences in bills passed by the House and
the Senate. Both chambers have to pass the exact same
bill before it can become law.
Select (or Special) committees - temporary
committees set up for a specific purpose, such as to
investigate the September 11, 2001 terrorist attacks.
What were the committees of the Congress?
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The Committee System
Committee chairs
Typically, they are long-serving members of the majority party,
though that is not always the case
Great deal of influence
Decide when to hold meetings, and can kill a bill simply by refusing
to schedule it for a hearing
Committee membership
Members of both chambers may request membership on a particular
committee based on their personal interests and expertise.
In both the House and the Senate, committee membership generally
reflects party distribution within that chamber.
Committee Referral
After a bill has been introduced, it goes to the appropriate
committees for consideration
Committee staff members may research different aspects of the bill
and the committee chair decides whether to allow the bill to have a
hearing before the committee.
On the Floor
House Rules Committee - Even after a bill has been
approved by a standing committee, getting it to the floor of
the House of Representatives for a vote by the full
membership requires favorable action by the Rules
Committee. Each bill has a agreed upon time limit.
Senate Floor Traditions - No rules committee but relies
instead on a unanimous consent agreement negotiated
between the majority and minority leader to govern
consideration of a bill. Senators may speak as long as they
wish or even try to filibuster a bill to death by talking
nonstop. Debate may be ended only if sixty or more senators
vote for cloture, a process of petition and voting that limits
the debate. A rider is an amendment to a bill that is not
germane to the bill’s purposes.
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How does a bill become a law?
President’s role in lawmaking
Presidential Action with laws presented by
Congress
Sign it into law
Veto it
Do nothing
If Congress is in session: becomes law in 10 days
If Congress is not in session: the bill is Pocket Vetoed which
cannot be overturned by Congress
If both houses vote to override the veto by a two-thirds
vote, the bill becomes law without the president’s
signature.
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The Budgetary Function
Congressional Budget Act of 1974
Establishes levels of spending
Reconciliation process to limit debates
Pork and Earmarks
Legislation that allows representatives to bring home
money and jobs to their districts in the form of public
works programs, military bases, or other programs.
Timeline for the congressional budgetary process
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The Oversight Function
Conduct hearings
Often televised (C-Span), to question agency officials to
determine if laws are being enforced and interpreted as
intended by Congress.
This is called an oversight function.
Question Agency Officials
About how their agency is executing and interpreting laws.
Special Commissions
Example…Elizabeth Warren…Tzar 2008 National Bankruptcy
Review Commission
War Powers Resolution
Requires Congressional approval to commit troops
Limits power of president as commander in chief
The Oversight Function
Congressional review
Allows Congress to overrule regulations for federal
agencies
Confirmation of Presidential Appointees
Senate confirms Supreme Court, federal district court, and
Cabinet nominations
Senatorial Courtesy
Process by which presidents, when selecting district
court judges, defer to the senator in whose state the
vacancy occurs.
Impeachment
Power to remove official from office
House votes to impeach…majority vote
Senate conducts trial…2/3rds approval
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How Members Make Decisions
Styles of Representation defined by English
philosopher Edmund Burke in 1774
Delegate Theory – congressmen feel obligated to vote
according to the views of the “folks back home regardless
of their own personal viewpoint
Trustee Theory – congressmen feel obligated to use
their best judgement about what is good for the nation as
a whole. Senators has more leniency to use this style.
Political Party Influence
The passage of legislation
Often a divided government where different political
parties control presidency and Congress
Sometimes the same political party controls presidency
and Congress
How Members Make Decisions
Constituents
People who live, work and vote in a member’s district
Wedge issues
Colleagues and Caucuses
Logrolling
Supporting another member’s legislation in exchange for
future support
Special Interest Caucuses
Informal groups based on shared interest
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How Members Make Decisions
Interest Groups, Lobbyists and Political Action
Committees (PACS)
Provide information to justify members’ positions on
legislation
Persuade constituents to contact or pressure members
Fundraising
Staff and Support Agencies
Congressional staffers
Agency staffers
Committee staffers
Congressional Support Agencies
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Congress and the Executive
President delivers a “State of the Union
Address” every January
The Framers of the Constitution envisioned that
Congress and the president would have
Discrete Powers
One branch would be able to hold the other in check
Since the 1930s with FDR, the president has had the
upper hand
But Congress still has ultimate legislative authority to
question executive actions
Congress can impeach the president
Congress and the Judiciary
Can establish the size of the Supreme Court, its
appellate jurisdiction, and the structure of the
federal court system
Senate also has the authority to accept or reject
presidential nominees for the federal courts
Senatorial courtesy: process by which presidents,
when selecting district court judges, defer to the
senator in whose state the vacancy occurs.
Judicial review
Supreme Court can determine if legislation is
constitutional
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Congress and the People
The People’s Branch
Congress serves best interests of citizens
Approval Ratings
Why are they so low today?
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