The Legislative BranchThe United States Congress

Musical Theme from “The Little Rascals” TV Show 1930

The 112th Congress: January 2011 to

January 2013

• A “Term” of Congress lasts 2 years beginning in January of every odd-numbered year

• A “Session” of Congress is the time during which the Congress is assembled and conducts business.

The House of Representatives

Formal Qualifications of House Members

• At least 25 years old

• Must have been a U.S. citizen for at least 7 yrs

• Must be inhabitant of the State he/she represents

• (Informal qualification: should live in the district he/she represents

Members

435 members—not fixed by Constitution; rather it is set by Congress—apportioned (distributed) among the States by population

Each state guaranteed one Rep.

Two-year terms—the next election is always around the corner—forces the rep. to keep close ties with constituents (the people he/she represents

No limit to number of terms

The Senate

1. 100 members, 2 from each state

2. 6 year terms; regular November elections, no term limits (only 1/3 elected every 2 years)

3. The Senate is "continuous” - all of its seats are never up for election at the same time.

4. Longer term provides some "insulation" from day to day politics. Less subject to public opinion & interest groups.

5. Represent a more

diverse population than the House

Formal qualifications for Senators

30 years old

Must be a U.S. citizen for at least 9 years

Must be an inhabitant of the State from which he/she is elected

John Boehner—Speaker of the House

The Powers of Congress

The U.S. Constitution: Article

1—Section 8

1. The Power to Tax

The Federal Government will take in over 2 TRILLION dollars this year.

2. The Power to Borrow

National Debt now over $15 TRILLION Deficit—the amount of debt in one year

(the amount by which spending exceeds tax revenue in any given year

WHY? War on terror Tax cuts Social Security, Medicare Downturn in economy Etc.

3. Power over commerce

The power to regulate interstate and foreign trade

A sweeping extension of federal authority

Affects all aspects of life (ex. Civil rights)

4. Currency Power

The power to print and coin money

5. Foreign Relations Power

A. To regulate immigration and naturalization

B. To declare war and raise an armyC. To combat terrorismD. Senate must approve treaties with

foreign nations

6. The Necessary and Proper Clause (implied powers)

Congress can make all laws “necessary and proper” to carry out its duties as set forth in the U.S. Constitution (Elastic Clause).

The Elastic Clause

EXPRESS POWERS

To tax To borrow To raise an army To regulate commerce

IMPLIED POWERS

To punish tax evaders To establish up banks

and the Federal reserve

To punish draft evaders

To prohibit discrimination

To establish a minimum wage

To pass laws protecting the disabled

7. Power of Impeachment

Penalty is removal from office To date: 17 impeachments and 7

convictions (all federal judges) House acts as prosecutor – brings

charges Senate acts as judge/jury in

impeachments (they determine guilt or innocence--2/3 majority required for conviction)

8. Appointment Powers

All major appointments made by the President must be confirmed by a majority in the Senate

Ex. Supreme Court Justices, Federal Reserve Board, Cabinet members, etc.

9. Investigative Power

Congress has the power to conduct investigations into matters that fall within its powers

Congressional Organization

Presiding OfficersSpeaker of the House

•Elected as Speaker—leader of majority party•Most powerful position in Congress•Duties:

1. Presides over and keeps order2. Interprets and applies rules3. Refers bills to committee4. Puts motion to vote5. Names members of select and conference

committees6. Follows the VP in presidential succession

President of the SenateThe Vice President is president of the Senate

• Vice Pres Cant debate; can only vote to break tie

• Leader of the Senate is the President Pro Tempore - Presides, recognizes speakers, puts issues to vote, etc.

• Filibuster – Senate ONLY – Talk a bill to death

Party Officers

Majority and Minority Floor Leaders In both House and Senate

• Very important officers in Congress• Legislative strategists—carry out the

decisions of their party and try to steer action for party’s benefit

• Majority leader controls the order of business on the floor

• “Whips” are assistant leaders

Congressional CommitteesBulk of the work in Congress is done by committees, although there is no mention of them in Constitution

Committee Chairmen

Those members who lead standing (permanent) committees in each chamber—they hold strategic positions

The chairman of each permanent committee is chosen by the majority party

Chairs decide which bills will be considered, whether or not hearings will be public, what witnesses will speak

Standing Committees

Bills receive the most thorough consideration here. Fate of most bills decided in committee

Majority party holds a majority of the seats on all committees.

Most divided into subcommittees (150 total subs)

House Rules Committee

Traffic Cop of the House - Bills that are passed through committees must also clear the Rules Committee to be voted on. Must be granted a "rule" (schedule for consideration)

Other Committees

Select Committees—special committees called for some specific purpose for a limited time. Often investigative.

Joint Committees—composed of members of both the House and the Senate

Conference Committee--used when the house and the Senate pass differing versions of the same bill. Used to iron out the differences and produce a compromise bill

Definitions

Bill - proposed law presented to the House or Senate for Consideration

Joint Resolutions - similar to bills, unusual or temporary matters, have force of law when passed Rider - tacked onto another bill, often unrelated, gets passed "rides" through with the other measure.

How a Bill Becomes a Law

President has 4 options:

1. Sign into Law 2. Veto – reject (Congress can

override with 2/3 majority in both houses)

3. Allow bill to become law without signing by not acting on it within 10 days – becomes a law

4. Pocket Veto – Congress goes out of session within 10 days and the president still has not signed – bill is killed

The Process

First Reading• Clerk of the

House numbers each bill ex: H.R. 3410 or S. 210 - Distributed to the members; sent to committee.

Committees• Hold hearings,

often public, hear from witnesses, investigate, then take action:

The Report• The Committee’s

evaluation of the bill• Report favorable

"do pass" – goes to debate on the floor

• Refuse to report the bill - kill it in committee

• Report the bill with changes – goes to floor for debate

Process (continued)

The Rules Committee• decides when

a bill is taken "off" the calendar and put "on" the floor for debate

Voting• A quorum,

majority of the full membership (218) must be present

• amendments may be added and voted upon during debate. (Voting electronically recorded)

If the Bill Passes• it is sent to the

other chamber for consideration (House or Senate)

Process (continued)

Conference Committees

• works out a compromise version of a bill that both the House and Senate can agree on

• Compromise bill returned to both houses to vote on – rarely rejected

The President (his options)• Sign into law• b. Veto - reject

(Congress can override with 2/3 majority in both houses

• Allow bill to become law without signing by not acting on it within 10 days - passes into law

• Pocket Veto - Congress goes out of session within 10 days and Pres still has not signed - kills the bill

The Line-Item Veto?

Declared Unconstitutional by the Supreme Court in 1998