Ch. 5: Role and Powers of Congress and Ch. 6: Congress at Work

Section 5.1: Role of Congress Making Laws Congress is responsible for making the nation’s laws How do members of Congress make policy decisions? What influences how they vote? Personal Beliefs Studies show that a congressperson’s personal beliefs about what promotes the public good significantly influence his voting decisions

Section 5.1: Role of Congress Making Laws continued Constituents’ Interests Constituents: the residents of a congresspersons district or state Congress members’ voting decisions also are influenced by the wishes of the people they represent Interest Groups Another force that influences the vote of a Congressperson Interest groups: people acting together to achieve shared political goals These groups provide info on issues, suggest legislation, and promote legislation currently up for a vote Political action committees (PACs): separate political branches of interest groups formed for the purpose of influencing politicians and giving money to candidates

Section 5.1: Role of Congress Making Laws continued Political Party Loyalty Congress members tend to vote the same way the other members of their political party they belong to do Overseeing Agencies Congress also is responsible for overseeing the performance of government agencies Oversight: involves conducting investigations of agency actions and programs

Section 5.1: Role of Congress Helping Constituents Individual Requests Some constituents make personal request of their Congressperson; some are reasonable some are not Detecting Patterns Staffers of the Congressmen look for patterns and the majority view of the constituents of the congressperson and report them to help the congressperson make a decision on how to vote Handling Requests Some individuals (fiends of congressperson or a large donor) will get some special attention for their request by the congressperson

Section 5.2: Houses & Members of Congress The House of Representatives The exact size of the House of Representatives, currently at 435 members, is determined by Congress The Constitution provides that the total number of seats in the House shall be apportioned (distributed) among the States on the basis of their respective populations. The census (official population count of the country) is used in this process Members of the House of Representatives serve two-year terms.

Districts that have unusual shapes or even defy description have sometimes been gerrymandered. Gerrymandering refers to the act of drawing congressional districts to the advantage of the political party that controls the State legislature. Section 5.2: Houses & Members of Congress

The Constitution says that a member of the House Must be at least 25 years of age Must have been a citizen of the United States for at least seven years, and Must have been an inhabitant of the State from which he or she is elected. Salary and Benefits $174,000 per year, office space, and funds to hire a staff Travel expenses, pensions, and healthcare Franking Privilege: sending official mail for free Immunity (legal protection) to protect members from being sued for what they say while doing their job Section 5.2: Houses & Members of Congress

The Senate The Constitution says that the Senate “shall be composed of two Senators from each State.” Today’s Senate consists of 100 Senators. Originally, the Constitution provided that senators were chosen by the State legislatures. In 1913 the Seventeenth Amendment was passed and called for the popular election of senators. Senators serve for six-year terms. The Senate is a continuous body, meaning that all of its seats are never up for election at the same time. Section 5.2: Houses & Members of Congress

The Constitution says that a Senator Must be at least 30 years of age Must have been a citizen of the United States for at least nine years Must be an inhabitant of the State from which he or she is elected. Same salary and benefits as House members Section 5.2: Houses & Members of Congress

Section 5.3: Powers of Congress Expressed Powers The powers specifically granted to the federal government by the Constitution Expressed power give Congress authority to make laws in five areas: gov’t finance, regulation of trade, national defense, law enforcement, and national sovereignty Ex: raising taxes, rules to become a citizen, declare war Special Powers The Constitution gives Congress and the House or Senate specifically certain special powers

Section 5.3: Powers of Congress Special Powers continued Impeaching Officials Congress holds the power to formally accuse and bring federal officials to trial including the president The most serious punishment is removal from office The House draws up charges against an official; if a majority of House members vote to pursue charges, then the official is impeached (formally accused) Impeachment trials are held in the Senate If 2/3s of the Senators find the official guilty then the official will be held to some type of punishment possibly removal

Section 5.3: Powers of Congress Special Powers continued Approving treaties The Senate has the power to reject or approve any treaty (written agreement) between the US and other countries 2/3s of Senators must approve for ratification Approving appointments The Senate can reject of approve major appointments by the president to high positions like the Supreme Court A majority of Senators must approve Deciding elections The House of Reps can decide the winner of presidential elections if no candidate receives a majority of electoral votes; choosing from the top three candidates

Section 5.3: Powers of Congress Implied Powers The Constitution states that Congress has the power “to make all laws which shall be necessary and proper for carrying in execution the foregoing (previously mentioned) powers” specifically granted to it This “necessary or proper” clause also called the Elastic Clause allows Congress to stretch its expressed powers Ex: Creating the Bank of the US, Federal Reserve, or military academies

Section 5.3: Powers of Congress Limits on Power The Supreme Court can declare an act of Congress unconstitutional thus saying Congress went beyond its powers given to it by the Constitution 10 th Amendment States that powers not specifically given to the federal gov’t are reserved for the states Ex post facto law Congress can’t pass a law that applies to an action that took place before the law was passed Bill of attainder Congress can’t pass a law that punishes a person who has not been convicted by a court of law Congress can’t suspend the writ of habeas corpus ( a court order requiring police to bring all persons accused of a crime to court to show sufficient reason to keep them in jail” Except in case of open rebellion or invasion by a foreign threat

Section 6.1: Organization of Congress A term is the length of time that officials serve afteran election, as in a two- or six-year term. The date for the start of each new term has been set by the 20th Amendment as “noon of the 3d day of January” of every odd-numbered year A session is the regular period of time during which Congress conducts business A quorum (a majority of members of Congress), needs to be present to conduct legislative business Recess: breaks members of Congress take to run for reelection and go back to their home district and talk to their constituents

Section 6.1: Organization of Congress Term limits Legal limits on the number of terms a person can serve as a member of Congress If you support them must likely its due to the fact that we have career politicians, i.e. people who have made serving in an elected position their full- time job Term limits would weaken the power of the incumbents (current officeholders), who have the advantage of name recognition and campaign money to easily win reelection Nearly 90% of incumbents win reelection

Section 6.1: Organization of Congress Congressional Leaders Majority party: the political party that holds the most seats in a body of Congress The political party with fewer seats in a body of Congress opposed to the majority party is the minority party Officers and presiding members of Congressional committees come from the majority party

Section 6.1: Organization of Congress Congressional leaders continued House Leaders The Speaker of the House is the presiding officer of the House of Representatives and the acknowledged leader of the majority party. The Speaker’s main duties revolve around presiding over and keeping order in the House. The Speaker names the members of all select and conference committees, and signs all bills and resolutions passed by the House The floor leaders are party officers picked for their posts by their party colleagues. The party whips assist the floor leaders and serve as a liaison between the party’s leadership and its rank-and-file members.

Section 6.1: Organization of Congress Congressional leaders continued Senate Leaders The job of president of the Senate is assigned by the Constitution to the Vice President. The president of the Senate has many of the same duties as the Speaker of the House, but cannot cast votes on legislation. The president pro tempore, the leader of the majority party, is elected from the Senate and serves in the Vice President’s absence.

Section 6.1: Organization of Congress Rules of Conduct Both houses have the right to judge their members’ behavior The House and Senate have each set strict rules of conduct for their members Either house may vote by simple majority to discipline one of its members because of poor conduct Each body may reprimand (scold) a member, censure (financial punish and scold) a member, or expel (kick out of the body) a member with a 2/3s majority vote

Section 6.2: The Committee System As committee members, senators and representatives screen proposed laws (bills) before they are voted on. Another vital part of their committee work involves the oversight function. Oversight is the process by which Congress, through its committees, checks to see that the agencies of the executive branch are working effectively. Authorizing committees establish gov’t policies Proposing solutions to public problems such as crime & how much money is needed to put them into effect Appropriations committees set aside the needed money needed to fund gov’t polices

Section 6.2: The Committee System Standing committees are permanent panels in Congress to which bills of similar nature could be sent. Most of the standing committees handle bills dealing with particular policy matters, such as veterans’ affairs or foreign relations. Subcommittees Standing committees are further divided in these smaller more specialized bodies

Section 6.2: The Committee System Select committees are panels established to handle a specific matter and usually exist for a limited time. Most select committees are formed to investigate a current matter. A joint committee is one composed of members of both houses. Examples of joint committees include the Joint Economic Committee, the Joint Committee on Printing, and the Joint Committee on the Library of Congress A conference committee—a temporary, joint body—is created to iron out differences between bills passed by the House and Senate before they are sent to the President.

Section 6.2: The Committee System Committee Assignments Committee Chairs Always belong to the majority party and selected through the seniority system (those who have served in Congress longer get first chances to serve as chairs) Committee Membership A member of Congress is most likely to join a committee on which he or she has asked to serve Members send in applications to join desired committees

Section 6.2: The Committee System Congressional Resources Personal Staff Thousands serve as staffers for congressmen working directly for the members and playing a key role in their work They suggest polices to members, draft bills, and negotiate with staffers with other congressmen Committee Staff Committee members have staffs as well and are the payroll of the committee not an individual congressperson Congressional Agencies Several agencies aide the Congress in their work Ex: Library of Congress, Congressional Budget Office, and the Government Printing Office

Section 6.3: How a Bill Becomes a Law A bill is a proposed law presented to the House or Senate for consideration. A bill or resolution usually deals with a single matter, but sometimes a rider dealing with an unrelated matter is included. Most bills die in committee, pigeonholed, or put away, never to be acted upon. If a committee pigeonholes a bill that a majority of the House wishes to consider, it can be brought out of committee via a discharge petition.

30 The Cloture Rule Rule XXII in the Standing Rules of the Senate deals with cloture, or limiting debate If at least 60 senators vote for cloture, no more than another 30 hours may be spent on debate, forcing a vote on a bill. Filibuster A filibuster is an attempt to “talk a bill to death.” A senator may exercise his or her right of holding the floor as long as necessary, and in essence talk until a measure is dropped.

Section 6.3: How a Bill Becomes a Law How a bill becomes a law the process A senator or representative gives the bill to the clerk of the Senate or House of Reps The bill is sent to a committee for study The committee may send the bill on to the chamber for a vote, revise it, and send it on, or not pass it on at all If the bill passes the chamber it started in, the bill is sent to the other chamber and a committee from that chamber studies it The committee may send the bill on to the floor for a vote, revise it and send it on, or not pass it on

Section 6.3: How a Bill Becomes a Law How a bill becomes a law the process continued If the bill passes, it goes on to a conference committee so differences between the House and Senate versions can be ironed out The revised bill goes back to both chambers for approval The bill is sent to the president

33 The President Acts