Chapter 10: Congress

“All legislative powers herein granted shall be vested in a

Congress of the United States, which shall consist of a Senate

and a House of Representatives.”

Legislative Branch

What is the major function of the Legislative Branch?

Bicameral Legislature

“In a republican government, the legislative authority necessarily predominates. The remedy for this inconvenience is to divide the legislature into different branches.” The Federalist No. 51

Why bicameral?

Special Session of Congress

When might a special session of Congress meet?

Who calls it?

Discussion Questions: Section 1

1. Why do you think some people think that the Senate is undemocratic? Do you agree? Disagree? Why?

2. See map p.263. What are the pros and cons of the current bicameral system including a Senate and House of Representatives?

3. Does it matter that the States are not equally represented in the Senate?

Read p. 264

Health Care Reform

Read Health Care Reform on p. 266

Be prepared to discuss.

Approval Ratings The conventional wisdom in Washington is

that while voters don’t think much of Congress as a whole, they still like their own representatives. Public opinion polls often give Congress low approval ratings; since 1974, when Gallup polls first asked the question, the highest approval ratings for Congress has been 56%. Nevertheless, since 1948, incumbents in the House have been reelected at a rate of over 90%, leading many analysts to conclude that contributions from PACs and other sources have made incumbents nearly impossible to beat.

Lazy Congress?

“There are two periods when Congress does no business; one is before the holidays, and the other after.”

George D. Prentice

What does Prentice mean by this joke?

Congressional Apportionment What is

apportionment?

Look at the map on p. 268

What general trend in population growth around the country does this map show?

House of Representatives How many? Minimum

possible?

How determined?

Term length? How many

terms?

Congressional Elections

When do Congressional Elections occur? First Tuesday after

the First Monday in November of Even Numbered Years (every 2 years)

Off Year Elections

Look at the Timeline In which two election years, did the

President’s party lose the most seats in the House?

Reapportionment

Look at the map on p. 270. Why does the redrawing of district lines

regularly produce sharp political conflicts in a state?

Primary Source

Read Redistricting and Race on p. 274

Answer the three questions on separate sheet of paper.

Gerrymandering?

What are the two types of gerrymandering?

Wesberry v. Sanders

“While it may not be possible to draw Congressional districts with mathematical precision, that is no excuse for ignoring our Constitution’s plain objective of making equal representation for equal numbers of people the fundamental goal of the House or Representatives. That is the high standard of justice and common sense which the Founders set for us.”

- Justice Black, Opinion of the Court

What is the significance of the case? How do you think this case changed the makeup of Congress?

Who is my Representative?

District 1: Wm. Lacy Clay (D-MO) – if you live in the north side of city

District 2: Todd Akin (R-MO) if you live in West St. Louis County

Qualifications for House of Representatives

25 years of age

Citizen for 7 years

Resident of State & District

House Leadership Speaker of the

House Nancy Pelosi (D-

CA) House Majority

Leader Steny Hoyer (D-

MD) House Majority

Whip James Clyburn (D-

SC) House Minority

Leader John Boehner (R-

OH) House Minority

Whip Eric Cantor (R- VA)

Senate

Which of these two colleges is more prestigious: a large college that is fairly easy to get into or small college with high entrance standards?

How does this question relate to the Senate?

Senate How many members? How is membership

determined? What was the framers

vision of the Senate? How were they

originally elected? What is the 17th

Amendment? Terms? How many? Why do think they set

the terms longer than the Representatives?

Constituency

Important Issues for Senators

Bigger Issues Social Security Health Care National Security Immigration

Qualifications for Senate

30 Years of Age

Citizen for 9 Years

Resident of State

Who are our Senators?

Senior Senator Kit Bond (R-MO)

Junior Senator Claire McCaskill

(D-Mo)

Senate Leadership Positions

President of the Senate Richard Cheney (R-WY)

President Pro Tempore Robert Byrd (D-WV)

Senate Majority Leader Harry Reid (D-NV)

Senate Majority Whip Richard Durbin (D-IL)

Senate Minority Leader Mitch McConnell (R-

KY) Senate Minority Whip

Jon Kyl (R-AZ)

Comparing House and Senate

Look at the table on p. 272

Why do House members debate most bills in committees before bringing them to the House floor?

Get Involved

Read How to Write Your Lawmaker on p. 276.

Why is important to write your letter while a bill is still in committee?

Priorities?

Write a paragraph about the following:

The first priority of members of Congress should be…

Given reasons to support your position

Roles of Congress

Legislators Representatives &

Servants of their constituents

Committee Members

Profile of the 110th Congress How does the racial and ethnic diversity

differ between the House and the Senate?

111th US Senate

111th US House of Representatives

Partisan

Congressional Committees

Congressional Pay

Analyze the Political Cartoon on p. 283

Why are voters reluctant to see members of Congress increase their benefits and pay?

What is their salary? What are their other benefits?

Suits for Free Speech?

Read May Congresspersons Be Sued for Their Statements?

Be prepared to discuss.

Chapter 11: Powers of Congress

The Constitution grants to Congress a number of powers but also places strict limits on what it

can and cannot do (Remember that we are in a limited

government).

Types of Congressional Powers

1. Expressed Powers – explicit in specific wording in the Constitution

2. Implied Powers – reasonably deducted from the expressed powers

3. Inherent Powers – powers of a national gov’t because it is sovereign

What message is the artist trying to convey about government?

Strict Liberal

Definition Narrow, literal interpretation of the Constitution

Broad interpretation of the Constitution

Major proponent Jefferson Hamilton

Attitude toward implied powers

Use only when necessary Use often

Attitude toward national power

Should be restrained and limited Should be allowed to grow

Attitude toward State power

Should remain strong Should be restrained

Construction of the Constitution

What has caused the growth of the national

government?

Declare War

How does this picture imply one of theExpressed powers of Congress?

Expressed Powers

Declare war Raise and support army (president

may send troops for 60 days with 30 day extension

Power to tax, borrow money, deal w/ bankruptcy

Create courts Regulate interstate and foreign

trade

Expressed Powers (con’t) Coin money and regulate the value of it Regulate foreign affairs Naturalization Postal service Set copyright and patent laws Fix standard weights of measure

(The ability of Congress to regulate commerce and to tax have been key to the growth of the nation)

Implied Powers (according to the Necessary and

Proper Clause Establish Federal Reserve Punish tax evasion Set educational grants Have a draft Set a minimum wage McCulloch v. Maryland (1819) – the

Constitution does not have to specify state powers

Non-Legislative Powers

Propose amendments In certain unusual circumstances the

House may be called upon to select a President and the Senate to choose a VP

Impeachment Process House has the power to impeach

federal officers (could be Pres. And V.P.) Senate holds the trial

What are taxes and why are they imposed?

Types of Taxes?

Direct Taxes

Indirect Taxes

Cost of good + Profit + Tax =Your Cost

What are the four limitations of taxing

powers? 1. Congress may only tax for public

purposes 2. Congress may not tax exports 3. direct taxes must be apportioned

among the states 4. all indirect taxes levied by the

Fed. Gov’t must be levied at the same rate in in every part of the country

What is the implied problem with taxes From this cartoon? Do you Agree or

Disagree?Why?

How do you think this illustration applies to Deficit Spending?

What is deficit spending?

How does government

make up the difference?

Non-Legislative Powers (con’t)

Senate has power to confirm or reject major appointments or treaties made by the President (treaties must

Investigate – can investigate matters of concern to Congress (ex. Steroids Investigation)

Commerce Clause

Importance: regulated commerce w/ foreign nations, states, and Indian tribes

Gibbons V. Ogden

Gave the federal gov’t broad commerce powers- expanding the powers of the fed. Gov’t Responsible for

building a strong U.S. out of a weak confederation

Limits of Congregational Commerce Powers

Can’t tax exportsCan’t favor ports of one state

over anotherCan’t require vessels bound

to or from one state, be obliged to enter, clear or pay duties to another

Congress - War

Expressed power- Only congress can declare WAR

Has power to raise and support an army, maintain a navy and make rules pertaining to the governing of such forces

Has power to call forth the militia, organizing an army and disciplining it

War Powers Resolution of 1973- Congress claimed the power to restrict the use of Am. Forces in combat where a state of war does not exist

What is impeachment?House brings the charges Senate tries the case

-2/3 needed for conviction of guilt or innocence. (Senate serves as the jury and the Chief Justice of the Supreme Court presides

Congress in Action

Congress Organizes When does Congress convene?

Jan. 3rd of every odd numbered year; following the general election in November.

Congress Organizes

How does the House reorganize? Each new term Elect their leaders Swear in all

members Adopt their work

rules Appoint members

to permanent committees

How does the Senate reorganize? Does not

reorganize because 2/3 if members stay the same from term to term

Leadership in Congress

What role does the Speaker of the House play?-presides over the House-leader of the majority Party-controls the agenda of the House-may debate or vote on any matter

What role does the V.P. play in the Senate?-oversees the sessions-cannot debate-votes only to break a tie

Leadership in Congress

What is the role of the President Pro Tempore:-presides over the senate in the Vice President’s absence

Who are the Congressional Party Officers and what are their roles?

Floor Leaders: do not hold official positions in either

chamber legislative strategists steer floor actions to their parties’ benefit chief spokesperson for his/her party

Whips: majority and minority whips are assistant

floor leaders serve as liaisons between the party

leadership & the rank-and-file members checks with party members to determine #

of votes that can be counted regarding an issue

Party Strength in Congress over recent years. Which party controlled the House of

Representatives for most of the 1980s? Which party controlled the House for the second half

of the 1900’s?

What are the roles of the committee chairmen?-chosen according to seniority rule

-head the standing committees that do most of Congresses’ work

Committees in Congress

What is a standing committee and why are they called subject matter committees? –permanent panels; deal only w/ bills that concern a particular subject matter

What is a joint committee? -composed of members from both houses from select or standing committees

What is a select committee? -investigates specific current matters for a limited amount of time; new laws and determines the adequacy of old laws

What is a conference committee? -composed of members from both houses; temporary committees that deal only w/ resolving differences between House and Senate versions of a bill

Permanent Committees of Congress

Committee Chairs have great power over bills referred to their

committee. What does the data

in this table tell you about the post each of these members hold?

Critics complain that the seniority system discourages younger

members of Congress. How does this

table demonstrate the importance of seniority in the United States Senate?

What is the difference between a bill and a

resolution? Bill:

Is a proposed law that applies to the nation as a whole or to certain people or places

Resolution: Is a measure that one house passes but

does not have the force of a law; does not require the president’s signature

Two types of Bills:

1. Public Bills- apply to the nation as a whole (i.e. taxes, copy right laws)

2. Private Bills- apply to certain persons or places

Why do members of Congress attach riders to

bills that are almost certain to pass?

Will attach a rider if they know the rider would not pass on its own

It will “ride through the Legislative Process”.

Committee Actions on a Bill

Report the bill with a “do pass” recommendation and steer it through debate on the floor

Refuse to report the bill, pigeon hole it

Report it in an amended form (changed in committee)

Report the bill w/ unfavorable recommendation (does not happen often)

Report a committee bill (new bill the committee subs for another)

How a Bill becomes a Law

Complete the flow chart exercise(use text pg.345)

What is a quorum?

The smallest number of members required to do business

Filibusters- delaying method used in the Senate

to “talk a bill to death”.

Cloture- used to stop a filibuster

Limits debate Requires 3/5 of the

Senate to vote for cloture

Senators are reluctant to use it because filibusters are traditional and useful

Options once a bill reaches the President’s desk

Sign the bill

Become law w/o Pres.signature w/in 10 days

Veto the bill (Congress may override the Pres. veto by 2/3 vote of the full membership

Pocket Veto

Can a bill pass without a president’s signature?

The President may allow the bill to become law without signing it by not acting on it within 10 day, not counting Sundays, of receiving it.

Pocket Veto

If Congress adjourns before the end of the 10 days and the President has not signed the bill it dies.