Take Five

Which branch of the government

was envisioned as being the most

powerful?

Congress

If progress is the advancement of society, what is congress?

• In this chapter we will cover…• Roots of the Legislative Branch• The Constitution and the Legislative Branch• Apportionment and Redistricting• Powers of Congress• Members of Congress• Organization of Congress• Lawmaking• How Members Make Decisions• Congress and the President

Unit Four – Institutions of National Government (CR 4: 35-

45% of course/exam)Unit #4 comprises the following: Expressed and Implied

powers of the three branches of government, the influence and power of the bureaucracy, the relationships between the four organizations. In this Unit, students will be exposed to the structure and workings of the three branches of government and the bureaucracy. The importance of checks and balances and the separation of powers will be emphasized. Conflicts between these institutions and other groups previously studied will be analyzed in historic and current contexts. Students will address questions such as: How does the President deal with the media? How is Congress limited by the Courts? How are states affected by federal decisions?

Congress

US CAPITOL BUILDING

Legislative Branch – “makes laws”

Ground floor plan of Capitol building

Take Five

What were the major differences

between the VA and NJ plans during

the Constitutional Convention?

Founders’ Intentions

1. Strongest branch

2. Separation of lawmaking power from executive

3. Bicameralism balances large/small states• House – more connected to people (2 yr term)• Senate – allows for independent thinking (6 yr term)

In Class Assignment

• Work in groups of no more than 4 to complete the worksheet provided…I know, I know---a worksheet (GASP)…BUT, it’s not mindless—this will actually help you to keep the branches straight!

Important Differences

House• 435 members (Public

Law 62-5)• 2 year term• 7 year citizen

• Initiate impeachment• Revenue bills

• Strict debate rules

Senate• 100 members• 6 year term• 9 year citizen

• Tries impeachment• Approve presidential

appointments• Approve treaties’• Loose debate rules

Constitutional Powers

Article I, Section 8• To lay and collect taxes, duties, imports• To borrow money• To regulate commerce (states and foreign)• To establish rules for naturalization• To coin money• To create courts (except Supreme Court)• To declare war• To raise and support an army and navy

Evolution of Powers

Elastic clause has extended Congress powers

• Oversight of budget – can restrict the fed. budget prepared by executive branch

• Appropriations – set amount of money made available for various activity in a fiscal year

• Investigation – Congress can launch investigations (Watergate, Clinton-Lewinski hearings, Steroids in baseball)

House Leadership

SPEAKER OF THE HOUSE

MINORITY LEADER

MINORITY WHIP

MAJORITY LEADER

MAJORITY WHIP

Senate Leadership

PRES. PRO TEMPORE

MINORITY LEADER

MINORITY WHIP

MAJORITY LEADER

(MOST POWERFUL)

MAJORITY WHIP

PRESIDENT of the SENATE

(VICE PRESIDENT)

Leadership

• Majority party controls the most significant leadership positions

• House - Speaker of the House• Allows people to speak on floor• Assigns bills to committees• Influences which bills are brought to a vote• Appoints members of special and select committees

• Senate – Majority Leader• Schedules Senate business• Prioritizes bills

Who’s in Congress?

110th Congress (2007-2008)• 85% male• 85% White• 40% Lawyers109th Congress (2005-2006)• 29 accused of spousal abuse• 7 have been arrested for fraud• 19 arrested for writing bad checks• 117 have bankrupted at least 2 businesses• 8 have been arrested for shoplifting

• In 1998 alone, 84 were stopped for drunk driving

Elections

• House members directly elected

• Senators directly elected after 17th Amend

• House Incumbent advantage – Why?– Name recognition– Proven track record– Franking privileges – free mailing

Ga Districts

Take Five

What are the ways in which districts

are determined?

Representation

• Malapportionment – unequal population in districts– Wesberry v. Sanders (1963) – found unequal

district pop. unconstitutional – 14th amend

• Gerrymandering – district boundaries are redrawn in strange ways to make it easy for candidate of one party to win– Easley v. Cromartie (2001) – redistricting for

political ideology was constitutional, led to increase in minority reps

Take Five

How many bills were introduced

in the 110th Congress? Just take

a guess!

• 11,059 bills were introduced in 2007-2009

How A Bill Becomes a Law

• Create legislation, make laws

• Founders believed in a SLOW process

• Founders believed efficiency was a trait of an oppressive government

Step 1 – Introduce Bill

• Introduced in Senate or House (except tax)

• Single or multiple reps can introduce bill

Step 2 - Committee

1. Bill is assigned to a particular committee in its category (Ex. Tax bill – Ways and Means Committee, Farm bill – Agriculture Committee)

2. Bill is then placed in sub-committee

3. Bills are debated and “marked up”

4. Most bills die in committee, committee can vote to “report out” a bill

Step 3–Rules Committee

• Before bill can go to floor in House, it must first set time limits and amendment regulations.– Closed rule – sets time limits, restricts

amendments– Open rule – permits amendments– Restrictive rule – permits some amendments

Step 4 – Floor Debate

Senate Debate

• Less formal, no speaking limit

• Filibuster – practice of stalling a bill w/ debate

• Cloture – 3/5 of the Senate vote to stop debate

House Debate

• More formal, no filibuster, strict rules

Step 5 - Voting

• Majority passes• If the bill passes, it must go through the

same process in the opposite chamber with a sponsor

• If the bill passes one house and fails the other, it must start over

• If the Senate and House cannot come to agreement over two versions, it goes to Conference Committee to fix it and resubmit the bill

Presidential Action

• Sign – bill becomes law

• Veto – bill returns to origin

• Override – 2/3 vote in both houses can override veto

• Pocket Veto – President has 10 days to act on a piece of legislation. If he receives the bill within 10 days of the end of the Congressional session, and doesn’t sign, it dies

Override

Committees and Subcommittees

• Most real work happens here

• Bills are passed, changed, ignored, or killed

Types of Committees

• Standing committee – handle bills in different policy areas – (ex. Appropriations, Agriculture, Armed

Services, Science, etc.) – most important and have been “standing”

(existing) for a long time

• Select committee – formed for specific purposes and usually

temporary – run investigations (ex. Aging, Intelligence)

Types of Committees

• Joint committee – consist of both House and Senate members– similar in purpose to Select committee – Meant to draw attention to issues

• Conference committee – consist of both House reps and Senators– formed to hammer out differences between

House and Senate versions of similar bills

• Congressional Committees and Subcommittees

Committee Membership

• Controlled by majority party, committee membership divided proportionally

• Committee Chairman– Senior member of committee– Controls membership and debate

Take Five

What does the term appropriations

refer to?

Work of Committees

• 11,000 bills introduced yearly, most die

• Committees can…– Report out favorably/unfavorably– Pigeonholed/table (do not discuss)– Amend / “mark up” (change or rewrite)

Congressional Caucuses

• Groupings of members pushing for similar interests

• Ex. – Sunbelt, Northeast-Midwest, Congressional Black, Women’s, Democratic Study Group, Big Automotive, Steel, etc…

Take Five

What is the term used to “sneak”

an amendment to a bill through

Congress?

Criticisms of Congress

• “Pork” – aka “pork-barrel legislation” – bills to benefit constituents in hope of gaining their votes

• Logrolling – Congress members exchange votes, bills might pass for frivolous reasons

• Christmas-tree bill –bill with • many riders (pork)

– in Senate, no limit exists on – amendments, so Senators try – to attach riders that will benefit – their home state

Term-limits Debate

• No current limit on how many terms members of Congress can serve

1. Some argue this has weakened popular control of Congress, reps might be unresponsive to their constituents

2. Some argue most experienced reps have the expertise to bring home more benefits (pork, riders, etc.)

Congressional oversights…checks and balances

• Congress has the authority to – Over ride a veto w/ 2/3 majority vote– Release funding for executive projects

(appropriations)– Approve or deny foreign treaties– Approve or deny Executive appointments– Hold hearings for review of executive

agency’s activities