Ch 6 The Legislative Branch How Congress

Ch. 6 The Legislative Branch

How Congress is Organized n n n The Framers of the Constitution intended for the legislative branch to be the most powerful branch of government. James Madison described it as the “First Branch of this Government. ” 535 total members of Congress - 100 U. S. Senators - 435 U. S. House of Representatives

How Congress is Organized n n n Each term of Congress starts January 3 of oddnumbered years and lasts two years. Each term has two sessions. Each Congress is given a # to identify itself: 2011 was the 112 th Congress of the U. S. ; 2013 will be the 113 th. 2015…? ? ? Typically a session of Congress runs from January-November/December but…

How Congress is Organized n n Congress can hold special sessions in times of crisis. Joint sessions can be called when both houses of Congress meet together, such as for the president’s State of the Union address

How Congress is Organized n n n Remember what the Great Compromise established… Bicameral legislature, or two part law making body (Senate and House) House of Representatives has 435 voting members, allotted to the states by population.

How Congress is Organized n n After each census, or population count taken every 10 years, Congress adjusts the number of representatives given to each state. States are divided into districts, with one representative elected from each district. The states draw districts to include roughly the same number of constituents, or people represented. Each state is entitled to one seat no matter how small the population

How Congress is Organized n Some members of both political parties abuse the process by drawing a gerrymander, or oddly shaped district designed to increase the voting strength of a particular group.

House of Representatives/Senate n n House members mainly focus on the concerns of their district so they can be closer to the people than the Senate; up for re-election every two years. The Senate has 100 members – two from each state. (equal representation) n Senators represent their entire states. Serve 6 year terms; elections are staggered to ensure stability; no more than 1/3 of the senators are up for reelection at any one time. n Ensures stability and continuity. n

Congressional Leadership n n n In both houses, the political party to which more than half the members belong is the majority party. The other party is the minority party. Party members choose their leaders at the beginning of each term to direct their activities.

Congressional Leadership n n The Speaker of the House is the most powerful leader in the House of Representatives, Congress; Senate has no leader with comparative power. The Speaker will always belong to the majority party; in charge of steering legislation; in charge of floor debates and influences most House business. n The Speaker is an experienced member of the majority party; must be legally qualified n If something happens to the President of the U. S. and Vice President, the Speaker would become President.

Congressional Leadership n n n The leader of the Senate is technically the Vice President, who rarely attends and votes only in the case of a tie. The person who actually acts as chairperson is the president pro tempore. The majority party fills this mostly ceremonial position.

Congressional Leadership n n Besides the Speaker of the House, both parties have powerful floor leaders who try to make sure the laws passes are in the best interest of their own party. Speak on behalf of their parties on the issues and try to sway votes of other Congressional members

Congressional Leadership n n Party “Whips” also play an important role. Help by keeping track of where their party members stand on proposed legislation and are responsible for “rounding” them up for key votes.

Committees n n n The detailed work of lawmaking is done in committees. Work has to be divided among smaller groups or few laws would be considered or voted on. Committees can be permanent or temporary depending on the situation

Committees n n n Each house has permanent standing committees that continue to work from session to session. Most are divided into smaller subcommittees that deal with specialized issues Senate has 17 standing committees; House has 19.

Committees n n n Both houses have select committees that are created to do a special job for a limited time period. After completing their task, they will disband. Ex. Investigation into the assassinations of JFK and Martin Luther King Jr. (1976)

Committees n Joint Committees are permanent committees that include members of both houses of Congress. n Deal with issues of the highest priority n Ex. Joint economic committee

Committees n n n Temporary Conference Committees are created in case help is needed between the House and the Senate when it comes to agreeing on the details of a proposed law. Members of Congress try to get assigned to important committees that affect the people who elect them. Party leaders make committee assignments based on members preferences, expertise, party loyalty, and seniority, or years of service.

Committees n n n Members with the most seniority usually get the preferred committee spots. The longest serving committee member from the majority party usually becomes chairperson of the committee. Chairpersons of standing committees are the most powerful members of congress.

The Powers of Congress: Ch. 6. 2 n n Article I, section 8 of the U. S. Constitution lists Congress’s specific or expressed powers. Clause 18 gives Congress implied powers (not stated explicitly) to do whatever is “necessary and proper” to carry out the expressed powers. Clause 18 is often called the elastic clause because it allows Congress to stretch its powers to meet new needs. Ex. Mc. Culloch v. Maryland

Legislative Powers n n n Taxing and Spending Congress has the power to collect taxes to pay for government and its services. The Framers thought that the House should impose taxes because it was closest to the people. All tax bills must start in the House of Representatives and be approved by the Senate.

Legislative Powers n Congress spends money by means of a two-step process. n Authorization Bills create projects and set an amount to be spent on them. n Appropriations Bills actually provide the money for each program n Congress must approve all government spending

Legislative Powers n n Regulating Commerce Article I, Section 8, Clause 3, the “commerce clause, ” gives Congress the power to regulate foreign and interstate commerce. Laws dealing with air traffic, television, and air pollution are all based on this clause.

Legislative Powers n n n Foreign Relations and Treaties Only Congress can declare war. Congress has the power to create, maintain, and oversee an army and navy. The Senate must approve all treaties with foreign countries. President can make, Senate must approve

Non-Legislative Powers n n Propose Constitutional Amendments, Count Electoral Votes, Succession Congress has powers not related to making laws. 2/3 vote of House and Senate will propose a Constitutional Amendment It counts electoral votes in presidential elections If no one receives a majority (270), the House picks the president and the Senate picks the Vice President.

Non-Legislative Powers n n If a president dies, resigns, or is too ill to serve, Congress will have the final say on the matter. Congress has the power to check the other branches of government

Non-Legislative Powers n n The Senate can approve or reject the president’s nominations for jobs such as - Supreme Court Justices - federal judges - ambassadors The House may impeach, or accuse officials of misconduct. If a majority of House members vote to impeach, the matter goes to the Senate

Non-Legislative Powers n A 2/3 vote in the Senate is required for expulsion, or removing the person from office. n Congress has taken on the role of overseeing government activities. n Standing committees review how well the executive branch has put laws into practice. n Congress conducts special investigations that may lead to criminal charges or new laws to deal with the problem. n Ex. 1973 -1974 Watergate Scandal investigation or 1986 Iran Contra Affair

Limits on Power n n n The Constitution imposes limits on Congress. It may not pass laws that violate the Bill of Rights Article I says that Congress may not favor one state over another, tax interstate commerce, or tax exports

Limits on Power n n Congress cannot suspend the writ of habeas corpus. This is a court order that requires police to explain the legality of why they are holding a suspect. Congress may not pass bills of attainder, or laws that punish a person without a jury trial.

Limits on Power n n n Congress may not pass ex post facto laws that make an act a crime after the act has been committed or make punishments harsher after laws have been changed. Congress may not interfere with powers reserved for the states. Other branches can check the power of Congress: President – Veto laws Supreme Court – declare laws unconstitutional

Representing the People: Ch. 6. 3 n Both Senators and members of the House must live in the state they represent. n House members usually live in their districts, but are not required to do so. n n Senators: - must be at least 30 - U. S. citizen for at least 9 years House: - must be at least 25 - U. S. citizen for at least 7 years

Requirements and Benefits n n Most members of Congress have college degrees; more than half have a background in law. Most are very active when it comes to community organizations and have probably held state and local offices beforehand.

Requirements and Benefits n n Congressional members receive a salary around $170, 000/year Other perks of the job: - free office space - paid trips to and from their home state - low cost life insurance - use of special gymnasium, restaurants, and medical clinics - franking privilege, free job related mail.

Requirements and Benefits n n The U. S. Constitution also grants senators and representatives immunity, or legal protection – in some situations. (excluding an arrest for treason, breach of the peace, or a felony); exempted from arrest or interrogation for any speech or debate entered into during a legislative session They may not willfully break the law.

Congressional Staff and Support n n A Congressman’s personal staff run the offices. (Clerks, Secretaries, and special assistants) Responsible for gathering information on issues, arrange meetings, and writing speeches. Handle requests from voters, deal with reporters, and handle lobbyists – people hired by private groups to influence government decision makers. Works for the Congressman’s reelection

Congressional Staff and Support n n Members of Congress hire students from their home states or districts to serve as interns and pages. Interns help with research and office duties; pages deliver messages during session and run other errands.

Congressional Staff and Support n n Senate and House committee staffs generally have expert knowledge about special topics, such as taxation, agriculture, and national defense. They are also responsible for drafting bills, gathering information, organizing committee hearings, and negotiating with lobbyists.

Members of Congress at Work n 1. Remember, Congressional sessions begin each January 3. In representing the people who elected them, members of Congress carry out 3 major jobs: Make Laws - introduce bills, work on committees, listen to input for and against bills, and then vote.

Members of Congress at Work 2. Case Work - Congressmen troubleshoot for people from their home district or state who request help in dealing with the federal government - members get thousands of letters and e-mails everyday. Most requests are handled by staff, sometimes though Congressional members must step in.

Members of Congress at Work 3. Helping the District or State - Congress members protect the interests of their state or district - a senator from a state with strong coal industries might seek to influence coal mining and environmental policies. - members also work to gain a share of national government spending for their constituents.

Members of Congress at Work n n A government contract can bring a lot of money to local businesses and jobs for local people. Government projects and grants that primarily benefit the home district or state are called pork-barrel projects

How a Bill Becomes a Law: Ch. 6. 4 n n Of the more than 10, 000 bills introduced each congressional term, only several hundred become law. Bills fall into 2 categories: - private bills – concern individual people or places - public bills – apply to the entire nation and involve general matters like taxation, civil rights, or terrorism; affect the entire country as a whole.

Types of Bills n n Congress also considers different kinds of resolutions, or formal statements expressing lawmakers’ opinions or decisions Many resolutions do not have the force of law Joint resolutions are passed by both houses of Congress and do become law if signed by the president Ex. Creating a new congressional committee, permitting a ceremony in the Capitol, proposals for Constitutional amendments

From Bill to Law n n Ideas for bills come from members of Congress, regular citizens, and the White House. Basically anyone. Other bills are suggested by specialinterest groups, or organizations of people with some common interest who try to influence government decisions

From Bill to Law n n n Only senators and representatives may introduce bills in Congress. Every bill that is drafted is given a title and number, and is then sent to an appropriate standing committee where a qualified person or people handle and study it. Ex. Senate bill S. 427 House bill H. R. 345

From Bill to Law n n n The standing committee chairperson then decides which bills get ignored and which get studied. Those bills that merit attention are often researched by a subcommittee. Experts and citizens may voice opinions about a bill in public hearings or written statements

From Bill to Law n n Standing committees can do a few things with a bill: 1. pass the bill without change 2. mark changes and suggest that the bill be passed. 3. replace the bill with an alternative 4. pigeonhole the bill (ignore it and let it die 5. kill the bill by majority vote. When a committee is against a bill, it almost never becomes a law; bills seldom make it past this point.

From Bill to Law n n n Bills approved in committee are put on the schedules to be considered by the full House or Senate. When it comes to bills being introduced, the Senate usually takes them in order. In the House, the Rules Committee can give priority to some bills and not let others get to the floor.

From Bill to Law n n n When a bill reaches the floor, members debate the pros and cons. The House accepts only relevant amendments The Senate allows riders – completely unrelated amendments – to be tacked onto a bill.

From Bill to Law n n n The House Rules Committee puts time limits on the discussion. The Senate allows members to speak as long as they like and need not even address the topic at hand. Sometimes they filibuster, or talk a bill to death. A three-fifths vote for cloture can end a filibuster. No one is then allowed to talk for more than 1 hour

From Bill to Law n n When it comes to the actual voting on a bill, a simple majority is all that is needed Different ways of voting may include: - voice voting - standing vote - roll-call vote

From Bill to Law n n If a bill passes in one house of Congress, the bill then goes to the other. If either house rejects the bill, it dies Both houses must pass an identical bill; if it passes through the Senate, it must pass through the House of Rep. If either side changes the bill it receives from the other house, a conference committee is formed to work out the differences.

From Bill to Law n n In the Conference Committee, members of the House and Senate must then either accept the revisions to the bill as is or completely reject it. After a bill passes both houses, it will then go to the president.

From Bill to Law n The president has three options if the bill makes it to him: - sign it into law - veto (refuse to sign it) - do nothing for 10 days. n If Congress is in session, the bill becomes law without the president’ signature n If Congress had adjourned, the bill dies

From Bill to Law n n Killing a bill this way is called a pocket veto. Congress can always override a veto with a 2/3 vote of the Senate and the House of Rep.