CONGRESS: THE LEGISLATIVE BRANCH By. Janine Hepler

CONGRESS: THE LEGISLATIVE BRANCH

By. Janine Hepler

Congress

Legislative (lawmaking) branch of government

1st branch described in the Constitution Article I

Founders intended Congress to lead the executive & judicial branches

Bicameralism

Congress is made of 2 chambers (houses)

Congress

Senate

House of Representatives

Why Bicameralism?—3 Reasons

1. Historical Roots British Tradition

(Parliament)

2. Federalism Resolved population

debate (VA vs. NJ Plan)

3. Checks & Balances Gives power to both

Houses

Congress ReviewHOUSE SENATE

Size

Constituency

Term Length

Age

Length of Citizenship

Residence

Roles Played by Our Representatives

The Members of Congress

The Balancing Act

Congress men & women take on many roles in their daily jobs as our leaders—as they vote on bills

The Members of Congress: Roles

Legislator

Committee Member

Delegate

Trustee

Partisan

Politico

Assignment Read pgs. 249-53 Describe the

duties that member of Congress fulfill within each role—defining each

Answer questions #1, 2, & 4 on pg. 253

Legislator MAIN JOB Makes laws

Committee Member Works with other members Screens bills & oversees

Executive branch

Delegate Represents constituents Acts/votes as agent for “folks

back home”

Trustee Decides issues on merit alone—

regardless of others Votes according to “gut”

Partisan Votes in line with wishes of party

platforms & leaders

Politico Combines ALL other roles Acts as “practical politician”

Co

ng

ressio

nal

Ro

les

REVIEW: Congressional Roles Voting NO on a bill that eases abortion laws because it goes against your

party’s platform. Voting YES on a bill that increases benefits paid to soldiers fighting in

Afghanistan because you personally believe in the war against terrorism Voting YES on a bill that will bring new jobs to Stark County because

many of your constituents are unemployed & are seeking work. Voting NO on a bill that would raise taxes because you feel that it goes

against your party’s beliefs, your personal wants, & the needs of your constituents.

Delegate Partisan Politico Trustee

Congressional Compensation & Privileges

Compensation & Privileges

Salary

$174,000

Privileges “Cloak of Immunity”

Immune from arrest for misdemeanors during congressional sessions

Can’t be sued for libel

Other Compensation Tax deductions Travel allowances Low-cost health insurance Pension plan Money for offices/staff Franking privilege

A Closer Look

The House of Representatives

The “People’s House”

Closest to the people—lower house Smallest constituency

Once the only branch of the federal government that was directly elected

House Qualifications & Terms

25 years oldAge7 yearsCitizenship

Within StateResidency

2 yearsTerm Length

Unlimited# of Terms

Facts About the House…

Population-based

435 members

Every state has at least 1 member

Members are apportioned & reapportioned every 10 years

Characteristics of the House Younger membership Less prestigious Lower visibility Concentrated power Organized by hierarchy Smaller constituencies Acts more quickly Formal & rigid rules

Jim Renacci (R)

Membership Profile

Long-standing, respected community members

Upper-income, wealthy professionals

Active in civic/local) organizations

Politically-experienced (state/local)

Why Incumbents Rule!

Incumbents almost never lose 92% Reelection Rate

since WWII

Name Recognition

Greater Media Access

Better Funding

Accumulate political goodwill “Pork Barrel” spending

projects

Louisville is

represented by

DISTRICT 16

Ohio must reapportion its

districts following the 2010 census.

LOSING 2 SEATS

The Reapportionment Act of 1929 ONLY affects the _____ chamber of Congress NOT the _______.

The Reapportionment Act of 1929 fixed the size of the House of Representatives at _____ total members.

According to the Act, the results of the ______ taken every 10 years would be used to _________ House seats.

Following the census, __________ in the states are redrawn to reflect the population change.

REVIEW: Reapportionment Act of 1929

Gerrymandering

Where did gerrymandering come from?

● The original gerrymander was created in 1812 by Massachusetts Governor Elbridge Gerry, who crafted a district for political purposes.

● Boston Weekly Messenger thought it looked like a salamander. And named it the “Gerrymander”

The Original Gerrymander

What is the purpose of gerrymandering?

• To concentrate opposition votes into a few districts to gain more seats for the majority in surrounding districts (called packing)

-OR-• To diffuse minority strength across many

districts (called dilution).

A Closer Look

The Senate

The “Upper House”

More prestigious than the House of Representatives

Larger constituencies

Equal representation for each state

Facts About the Senate

Each state is given 2 Senators

Senators are elected at-large by direct vote

Encouraged to debate issues

Continuous Body

Senate Qualifications & Terms

30 years oldAge9 yearsCitizenship

Within StateResidency

6 yearsTerm Length

Unlimited# of Terms

Characteristics of the Senate Older membership Less formal & rigid rules Less hierarchy Acts more slowly Power is less concentrated Larger constituencies More prestige Higher visibility Unlimited debate Approves & rejects Presidential decisions

Membership Profile

Wealthy membership

Focus on reelection campaigns

Face higher prestige & increased responsibility than their colleagues in the House

Use Senate as stepping stone to higher office

Rob Portman (R)

Sherrod Brown (D)

Congressional elections are held on the ________, following the first _________, in ____________ during ____________ years.

Members of the House run for reelection every ___ years.

Every 2 years, ____ of the Senate stands for reelection, thus they are described as a _________.

Elections held in non-presidential years are referred to as ______ elections

REVIEW: Congressional Elections

Strict vs. Liberal Construction

The Scope of Congressional Power

Historical Perspective

Framers intended to create a new & stronger National Gov’t.

Many of the conflicts b/t Federalists & Antifederalists centered on the powers of Congress

Strict vs. Liberal Construction

Strict Liberal

Definition

Major Proponent

Implied Powers

National Power

State Power

Growth of National Power

Factors Liberal Construction Wars Economic Crises National Emergencies Advances in Technology &

Communication Citizen Demands

(Services)

Congress & the Constitution The Constitution

places many restrictions on Congress Many powers are

denied

Things Congress CAN’T Do… Create a national public school system Require that everyone attend church Set a minimum driving age

Powers Granted to Congress

Expressed

AKA enumerated

Clearly stated

EX.) power to declare war

Implied

Deducted from clearly stated powers

Made possible by Elastic Clause

EX.)Drafting soldiers

Inherent

Powers possessed by all sovereign states

NOT expressedEX.)Gaining territory

REVIEW: Constitutional Interpretations

Strict Liberal

BOTH

Congress’ Powers

Constitutional Framework

Constitution is both highly specific & vague about the powers Congress may exercise

Article I, Section 8 specifies most of Congress’ enumerated powers

Expressed Powers: Money & Trade

Taxation Lay & collect income taxes Allows Congress to pay

debts & provide for the common defense/general welfare

Expressed Powers: Money & Trade

Expressed Powers: Money & Trade

A Side Note: The National Debt

Expressed Powers: Money & Trade

Expressed Powers: Money & Trade

Other Expressed Powers

Other Expressed Powers

Other Expressed Powers

Other Expressed Powers

Other Expressed Powers

Judicial Powers Create Federal Court

system

Punish 4 specific crimes: Treason Counterfeiting piracy/felonies on the high

seas offenses against law of

nations

Other Expressed Powers

Other Expressed Powers

Other Expressed Powers

Other Expressed Powers

Eminent Domain Government’s right to take

private property for public use

The Nonlegislative Powers of Congress

Constitutional Amendments May propose an Amendment

Current Issues Worthy of Amendments… prayer in public schools abortion prohibiting flag burning requiring a balanced budget

.

The Nonlegislative Powers of Congress

The Nonlegislative Powers of Congress

Impeachment House votes on articles of

impeachment (indictment) Senate tries defendants

(conviction, possible removal)

Impeachment: formal charge, accusation of misconduct brought against a public official

The Nonlegislative Powers of Congress

Executive Duties Senate confirms major appointments & treaties

made by the President

Senatorial Courtesy: Senate will turn down Presidential appointment of a federal officer to serve in a particular state if the appointment is opposed by a Senator of the President’s party who is from the State involved

The Nonlegislative Powers of Congress

Investigatory Powers Congressional Committees &

Subcommittees Gather information Oversee actions of executive

agencies Expose questionable

activities by public officials Promote the interests of

some members of Congress

The Nonlegislative Powers of Congress

Censure Congress may censure

someone by issuing a formal condemnation of the individual’s actions

Meant to shame the official—severe punishment (short of expulsion) Only used 4x in history

Charles Rangel—20 term Congressman

POP QUIZ: Powers of Congress

1. Create a Venn Diagram comparing & contrasting:

Strict vs. Liberal

Construction of the Constitution

Include the following: Description of viewpoint Major Supporter Attitude toward use of

implied powers Level of government that

should hold the most power

2. Define each of the following types of power:

• Expressed• Implied• Inherent

&

Provide an example of EACH power as it pertains to things that Congress is allowed to do

10

Points

Congressional Checks & Balances

Congress Organizes

Presiding Officers

Leadership in the House

Strict leadership & discipline is necessary 435 members

Leadership positions are organized by party

House reorganizes itself on opening day 3rd day of Jan. in odd #

years

Freshman Class of the 112th Congress

Speaker of the House

John Boehner

Majority Leader

Eric Cantor

Majority Whip

Minority Leader

Nancy Pelosi

Minority Whip

House Body: Everyone Else

House of Representatives

Speaker of the House Single-most important

member of Congress Presiding Officer Party Leader Most powerful & visible Only leadership position

specifically mentioned in the Constitution

3rd in line for Presidency

*John Boehner (R)--Ohio

The Speaker’s Power

Determine committee assignments

Preside over House Interpret rules Channels bills to committee Sets agenda & schedules

action Coordinates policy agenda

with Senate leadership

Majority & Minority Leaders

Main job of both floor leaders: make sure laws pass that their parties want

Majority leader= top assistant to Speaker

Minority leader= leader of opposition party in the House

Eric Cantor

Nancy Pelosi

Whips

Assistant Floor Leaders

Deputies responsible for maintaining party loyalty & “counting heads” on key votes

Main role: gather members support for legislation

Leadership in the Senate

With only 100 members, leadership isn’t as rigid—less formal

Members are on a 1st name basis with each other

Dramatically different than the House

Vice President

Joe Biden

President Pro TemporeDaniel Inouye

Majority Leader

Majority Whip

Minority Leader

Minority Whip

Senate Body: Everyone Else

The Senate

Vice President Constitution gives VP the

symbolic title “President of the Senate” Little real authority

President Pro Tempore—leader chosen in absence of the V.P.

Joe Biden

Daniel Inouye

Floor Leaders

Majority & Minority leaders hold the real power in the Senate

Allowed to speak 1st during debate

Represent Senate to outsiders

Helped by whips

Powers Schedule floor debate Determine committees Select Conference

Committee members Act as spokespersons Mobilize support

for/against the President

Committees in Congress

The BIG Idea…

Standing Committees

Definition: Permanent group of either House or Senate

members to consider bills on specific subjects

Committee Functions: Investigate, evaluate, & sift through proposed bills

Examples: (List on pg. 291) Agriculture, Banking & Financial Services, Armed

Forces, Veterans’ Affairs, Science, Ways & Means

Select Committees

Definition: Temporary panel set up for some specific purpose

Committee Functions: Investigate some current matter for possible new laws or

for special issues

Examples (from 1987): House Committee to Investigate Covert Arms Transactions w/Iran Senate Committee on Secret Military Assistance to Iran & the

Nicaraguan Opposition

Joint Committees

Definition: Committee composed of members from BOTH

chambers (House & Senate)

Committee Functions: Investigates & issues reports, deals with issues

common to both houses, some have routine duties

Examples: (List on pg. 291) Economic, The Library of Congress, Printing,

Taxation

Conference Committees

Definition: Temporary & composed of members of BOTH

chambers (House & Senate)

ONLY Function: Irons out differences between similar bills in the

House & Senate versions—produces compromise bills

The House Rules Committee Acts as a “traffic cop”

in the House of Representatives

Explanation Why: Decides the order in

which bills come up for a vote

Determine the rules for the length of debate & opportunity for amendments

Congressional Committee System

REVIEW:

in REVIEW

Can you define EACH of the 4 types of committees?

Standing Select

JointConferen

ce

Congressional Leadership Positions

REVIEW

Who Am I?

Who Are We?

*Act the same in BOTH House & Senate

Who Am I?

Who Am I?