Congressional Powers and Legislative Work Chapter 6 and 7

Constitutional Provisions Expressed Powers Listed in the U.S. Constitution Implied Powers Article 1, Clause 18 Necessary and Proper Clause Broad Interpretation McCulloch v. Maryland expanded Congressional Power Certain Powers are denied by Constitution

Legislative Powers Key Powers Foreign Policy Powers Taxing Spending Regulating Interstate Commerce Foreign Policy Powers Approve Treaties Declare War Regulate Foreign Commerce Naturalization, state admittance, governing federal property Copyrights and patents, establish post offices, federal courts

Nonlegislative Powers Remove federal officials from office Senate approves presidential appointments Senate ratifies formal treaties Congress and state legislatures share power to propose Constitutional amendments

Impeachment 1. House of Representatives brings formal charges against an elected official “Impeach” – means to bring formal charges Impeach with a simple majority (51%) 2. Senate puts the person on trial; acts as jury Must have 2/3 of Senate to convict Penalty for conviction is removal from office Can also prohibit from ever holding office again If no conviction, the person is acquitted An official can be “impeached” without being convicted

Impeachment 17 impeachments, 7 convictions All convictions were Federal judges Two Presidents have been impeached, both acquitted 1. Andrew Johnson Handling South after Civil War Impeachment was political revenge 2. Bill Clinton Perjury - lying under oath Clinton was censured – formal condemnation of his behavior Richard Nixon—NOT Impeached resigned just before impeachment (Watergate Scandal) Senate probably would have convicted Impeachment Video Ch. 6, lesson 1

Investigation Powers Conducted by standing or select committee Happen for multiple reasons Can lead to legislation and/or reforms Can subpoena witness, punish perjury and contempt, and grant immunity Must respect witnesses’ constitutional rights just as a court does Goldman Sachs Investigation Video, Ch. 6, lesson 2

Oversight Power System of checks and balances Require reports from an executive agency or have executive agency work studied by congressional support agency Creates tension between branches Partisan politics create additional difficulties Resists presidential proposals

Balance of Power Has varied over the years Crisis: Congress gives extra powers to president Power of the Budget is a struggle between Congress and the president Supreme Court struck down line-item veto

Types of Bills and Resolutions Used to pass a law Must be passed by both chambers and presented to president Used for authorization of federal programs, appropriations, establish new federal agencies and revenue legislation Joint Resolution Like a bill, can be used to pass a law Used for appropriations for a special purpose, constitutional amendment, declaration of war, adjust the debt limit

Bills and Resolutions Cont. Simple Resolution Not a law Matters affecting only one house of Congress Regulate internal affairs of the House or Senate Concurrent Resolution Matters requiring action of both the House and Senate Regulate internal affairs of whole Congress Budget resolutions, create joint committees, congressional recess

Introducing a Bill Must be introduced by a member of Congress Assigned to a committee Committee holds hearings to research the issue Markup – edits are made to the bill based on research Committee votes to report the bill to the House for a vote or to kill the bill Most bills die in committee Riders – attached to bills about different topic

Floor Action Amendments can be added to most bills during floor debate Rules committee can limit amendments, debate rules, etc. Voting requires a quorum Passage of a bill requires a simple majority of members present

Final Steps Conference Committee Approved by both chambers Produce identical versions Approved by both chambers Sent to president Veto Sign Do nothing Pocket veto Override veto – 2/3 Law – registered with National Archives and Records Service 10% of all bills introduced become law Passing Bills Video, Ch 7, Lesson 1

Taxes All revenue bills must start in House House Ways and Means Committee shapes the tax bills Usually debated under a closed rule in the house No amendments, limited debate, etc. Amendments usually added in the Senate

Spending Money Authorization Bill Sets up a program Funded by appropriations bill Each chamber has a committee dedicated to appropriations bills Earmarks – added to appropriations bills Also called pork Entitlements – expenditures legally required by law Earmarks Video, Ch 7, lesson 2

Influences on Lawmakers Factors that influence lawmaker votes Temperament Nature of the issue Input from congressional staffers Constituents’ preferences Voting record is a part of getting reelected Learn of preference through visits, messages, surveys, polls, and key supporters Political Party Tend to vote with party Party supports members

Other Influences President President can support or oppose Lobbyists Paid representatives of interest groups Political Action Committees (Pac) Super PACs Donations Educate

Handling Problems Casework – helping constituents with problems Respond to thousands of requests for help Caseworkers are staff members that handle constituent problems Casework helps lawmakers get reelected, helps them monitor executive branch, is a part of their job

Helping the District or State Public works projects Money and jobs to state/district Pork-barrel legislation Federal programs or funds that benefit the lawmaker’s district only Logrolling Promised support for a lawmakers legislation in return for support Federal grants and contracts funneled to lawmakers state or district