Chapters 10 11 The National Legislature The House of

Chapters 10/11 The National Legislature The House of Representatives The Senate The Members of Congress

The Bicameral Congress • The Constitution establishes a bicameral legislature for three reasons: – Historical - the British Parliament consisted of two houses as well as the majority of the colonial assemblies and state legislatures in the United States – Practical - the Framers had to create a bicameral systems to settle the conflict between the Virginia and New Jersey Plans – Theoretical - the framers believed that this systems would allow the houses to place a check on one another

Terms and Sessions • Each TERM of Congress lasts two years and begins at “noon of the 3 rd day of January” of every odd numbered year • SESSIONS of Congress are periods of time during which Congress assembles and conducts business - there are two session during each term, one each year of the term • Congress adjourns once business is completed and both houses agree on it Article II, Section 3 gives the President power to end a session of Congress if the two houses cannot agree on a date • Special sessions can be called by the President to deal with an emergency situation - the President can call the entire body, or either house if necessary

House of Representatives • 435 members with the number being set by Congress and representative apportioned after each census, each member serves two years • Reapportionment Act of 1929 - each seat represents around 650, 000 people, the Census Bureau determines how many seats each state should have, and Congress approves the changes • Gerrymandering - process by which congressional districts take on odd shapes to benefit the ruling party, took its name from Massachusetts Governor Elbridge Gerry who did this in 1812

Qualifications for House Members • At least 25 years old • A citizen of the United States for at least seven years • An inhabitant of the state where he/she is elected • Informal qualifications deal with a candidates ability to win - party ID, name familiarity, gender, ethnic characteristics, and political experience

The Senate • 100 members, two from each state • Originally selected by State legislatures - the 17 th Amendment provided for direct election of U. S. Senators • Serve six year terms - longer terms to prevent decisions being made based on “fickleness and passion” and rather to allow Senators to focus on the big picture • Qualifications for Senators – At least 30 years old – Be a U. S. citizen for nine years – Be an inhabitant of the state where he/she is being elected

Roles of Congressmen • Legislators – produce legislation • Representatives of the People – Trustees - base decisions on merit and independent judgment – Delegates - base decisions on how their constituents would want them to vote – Partisans - base decisions on party lines – Politicos - combine the other three • Committee Members – Screen proposed laws to determine whether to pass them on – Oversight function - oversee the actions of the executive branch to make sure things are running as they should • Servants of their constituents • Politicians

Congressional Powers • The Constitution gives Congress a number of specific powers in three ways: – Expressed powers - explicitly outlines powers – Implied powers - powers granted through reasonable deduction from the expressed powers – Inherent powers - powers granted by creating a national government for the United States

Strict and Liberal Construction • Strict Constructionists – Led by Thomas Jefferson to argue the Anti. Federalist position – Believed that Congress should be able to exercise only expressed powers and implied powers absolutely necessary to carry out the expressed powers • Liberal Constructionists – Led by Alexander Hamilton fighting to adopt the Constitution – Believed that Congress should have broad powers to allow the country to have an “energetic government” – This opinion has been the most popular throughout American History

Powers of Money and Commerce • Tax - a charge levied by the government on persons or property to raise money to meet public needs • Limits on Taxation – Only for public purposes – No tax on exports – Direct taxes apportioned among the states based on population – Indirect taxes but be equal throughout the country (such as tobacco, gasoline, and alcohol)

Borrowing and Commerce Power • Congress has the power to borrow money - the public debt is all the money borrowed over the years and not yet paid back plus accumulated interest on the money • Deficit financing - practice by which the government regularly spends more than it takes in and borrows the rest to make up the difference • Commerce power - power given to Congress to regulate interstate and foreign trade – Gibbons v. Ogden - came about as a result of a clash between Aaron Ogden who was given a permit by the State of New York to navigate waters between New York City and New Jersey and Thomas Gibbons who was given a coasting license by the federal government – Ogden sued Gibbons and New York court told him he couldn’t sail by steam in New York waters - Gibbons appealed to the Supreme Court who agreed with him that the New York grant conflicted with the congressional power to regulate commerce

Currency and Bankruptcy Power • The Federal government has the power to create a uniform, stable monetary system • Legal tender - any kind of money that a creditor must by law accept in payment for debts • Congress created a national paper currency in 1863 and made it legal tender • Bankruptcy - legal proceeding in which the assets of a person, company, or organization are divided up among those whom debts are owed to and frees the individual from responsibility for the debts

Other Expressed Powers • • Foreign Relations Powers War Powers Naturalization Postal Power Copyrights and Patents Weights and Measures Judicial Powers over Territories and Other Areas – Eminent domain - the inherent power to take private land for public use (highways, hospitals, schools, etc. )

Nonlegislative Powers • • Constitutional Amendments Electoral Duties Impeachment Executive Powers - Appointments and Treaties • Investigatory Power – – – Gather information Oversee executive departments Focus public attention on certain Expose questionable activities Promote the particular interests of some members of Congress