Congress The Legislative Branch

Organization and Powers of Congress Article 1 of the Constitution defines the organization and powers of the Legislative branch. – It is the longest and most detailed Article. – The Founding Fathers wanted Congress to be the most powerful branch of government, because it was to represent the people.

How is Congress Organized? Article 1, Section 1 creates a bicameral legislature “which shall consist of a Senate and a House of Representatives.”

Why a bicameral legislature? History: the British Parliament has two chambers, The House of Lords and the House of Commons.

Practical: it resolved the problems between large and small states – New Jersey Plan – small states Unicameral with each state represented equally – Virginia Plan – large states Three branches Bicameral Representation based on population and taxes paid Theoretical: checks on each other

Senate 100 members, with each state having two senators – favors small states Six year terms – 1/3 elected every two years Continuous body: whole group is never up for election at one time. 30 years old – Resident of the state from which you are elected

House of Representatives 435 members apportioned (divided) by population – large states – Two year terms with entire House up for re- election every two years – 25 years old – Resident of the state from which you are elected

Congressional Committees Most of the work of Congress is done in committees, particularly in the House of Representatives. Committees play a major role in the legislative process.

Congressional Committees Functions: – Consider bills (legislative proposals) Write and amend Conduct hearings Report to the House – Maintain oversight of executive agencies See that executive agencies are carrying out duties assigned by Congress – Conduct investigations i.e. problems with HealthCare.gov

Types of Committees Standing – Specialized and based on broad issues or subjects – Continue from one Congress to the next Select – Special committees formed for action on one specific issue – Originally meant to be short-lived Joint – Members from both the House and the Senate Conference – Members from both the House and the Senate who reconcile differences between legislation from both houses

Committee Assignments Ratio of committee seats correlates to ratio of congressional seats – Majority party names the chair ‘Seniority Rule’ – Party caucus selection Assignments: – House: Two standing committees – Senate: Two ‘major’ committees and one ‘minor’ committee

Senate Committees Standing Committees: (Major) – Agriculture, Nutrition, and Forestry – Appropriations – Armed Services – Banking, Housing and Urban Affairs – Budget – Commerce, Science and Technology – Energy and Natural Resources – Environment and Public Works – Finance – Foreign Relations – Governmental Affairs – Health, Education, Labor and Pensions – Judiciary Standing Committees: (Minor) – Rules and Administration – Small Business & Entrepreneurship – Veterans Affairs Select Committees: – Aging – Ethics – Indian Affairs – Intelligence

House Committees Standing Committees: – Agriculture – Armed Services – Budget – Education and Labor – Energy and Commerce – Financial Services – Foreign Affairs – Homeland Security – House Administration – Judiciary – Natural Resources – Oversight and Government Reform – Science and Technology – Small Business – Standards of Official Conduct – Transportation and Infrastructure – Veterans’ Affairs – Whole Standing Committees: (Exclusive) – Appropriations – Rules – Ways and Means Select Committees: – Intelligence (Permanent) – Energy Independence and Global Warming Joint Committees: – Economic – Taxation – Printing – Library

Powers of Congress Expressed or enumerated – Levy taxes – Borrow money – Regulate foreign and interstate commerce – Coin money – Create inferior courts – Declare war – Raise and support the army and navy Implied – Make all laws “necessary and proper” – Examples: issuing paper money, regulating food and drugs, creating a national bank, protecting consumers

Powers of Congress Inherent (those related to the system of check and balances) – Senate ratifies treaties – Senate approves – Presidential appointments – House votes impeachment and Senate tries case Power denied – Passing ex post facto laws – Passing bills of attainder – Suspending habeas corpus except in cases of rebellion or invasion – Creating titles of nobility

How a Bill Becomes A Law Step One: – Introduction Assigned a title and number Step Two: – Committee Subcommittee – Killed or Reported Step Three: – Floor Debate Step Four: – Vote – Sent to other chamber Step Five: – Conference Committee – Sent back to both chambers for passage Step Six: – Sent to the President

Introduction a Bill Any Congressmen may introduce a bill – House: Hand to the clerk Drop in the ‘hopper’ – Senate: Recognized member announces bill’s introduction Committee assignment made by Speaker of the House and presiding Senate officer – Chamber rules defines committee’s jurisdiction Revenue bills must originate in the House – Bills changing tax laws Most bills die in committee (95%!) – Committees fragment the process of bill consideration

Committee Action Committees hold hearings on the bill – Subcommittee hearings ‘Mark Up’ – revisions & additions Favorable bills are reported out; unreported bills are killed – Discharge Petition: 218 House signatures to report a bill directly to the floor

House Rules Committee Closed Rule: – Sets time limit on debate – Restricts amendments Open Rule: – Permits amendments Bypassing Rules Committee: – Vote to suspend rules 2/3 vote – Discharge petition

Floor Debate: House Committee of the Whole: – Expedites House consideration of bills Quorum (minimum number): 100 members – May not pass bills » Debates and amends bills – Amendments must be germane No ‘riders’ Bill passage: – Committee dissolves back to House House quorum: 218 members

Floor Debate: Senate Fewer restrictions: – No debate limit Filibuster – ‘Rule of Cloture’ – No germane amendment restrictions Committees may be bypassed with a ‘rider’ Double Tracking: – Disputed bill is temporarily shelved Senate may continue with other business

Presidential Approval Presidential Signature: – Bill becomes Law Presidential Veto: – Sent back to House of origin 2/3 vote of both Houses overrides a veto Pocket Veto: – President does not sign bill within ten days and Congress adjourns Bills automatically become laws after ten days if no action has been taken