Congress

Structure and Organization of Congress Article I, §1 All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Bicameral: has both a Senate and a House of Representatives The Congressional Record: official record of Congress

Membership in Congress House of Representatives Qualifications 25 years old citizen of the United States for at least seven years inhabitant of the state where s/he will run for election Term – two years

Membership in Congress Senate Qualifications: 30 years old citizen of the United States for at least nine years inhabitant of the state where he or she will be a candidate for election Term -- six years

Congressional Powers Commerce Power Article I, § 8, clause 3: Congress shall have the power to “regulate Commerce with foreign nations, and among the several states, and with the Indian Tribes” Early Commerce Clause Gibbons v. Ogden – commerce as “intercourse” The New Deal and the Commerce Clause Affectation Doctrine – Congress can regulate that which affects commerce Used to enact many forms of civil rights legislation

The Commerce Clause Today Congressional authority under the clause as grown significantly Gonzales v. Raich (2005) But power is not unlimited United States v. Lopez (1995) United States v. Morrison (2000)

Congressional Powers Power to Tax Sixteenth Amendment (1913) – allows Congress to impose an income tax Court has generally approved use of the taxing power to achieve police power objectives, as long as rationally related to a legitimate governmental interest

Congressional Powers Power to Spend Article I, § 8, clause 1: Congress shall have the power to “pay the debts and provide for the common defense and general welfare of the United States.” Spending action usually upheld as long as rationally related to a legitimate governmental function South Dakota v. Dole (1985)

Congressional Powers Other Fiscal Powers Power to coin money Borrow money Establish bankruptcy laws Establish national banks McCulloch v. Maryland

Congressional Powers International, War, and Military Powers Congress and the President share powers over foreign, international, and military affairs. It’s an “arena of conflict”

Congressional Powers Under Article I, § 8 Establishing duties and imports (clause 1) Regulating commerce with foreign nations (clause 3) Establishing uniform rules of naturalization (clause 4) Punishing crimes on the high seas and offenses against the law of nations (clause 10) Declaring war, granting letters of marque and reprisal, and making rules concerning captures on land and water (clause 11) Establishing rules and regulations to govern the United States armed forces (clause 14) Creating and regulating the national militia (clauses 15 and 16)

Clause 1 provides that Congress shall regulate immigration Article I, § 9 Clause 1 provides that Congress shall regulate immigration

Emergency Powers Power to provide for the use of state militias (National Guard units) to suppress insurrections and defend the nation Regulate the organization, arming, and disciplining of state militias May declare martial law in the affected areas of the nation Congress alone possesses the authority to suspend habeas corpus

Investigatory Powers To acquire information about the subjects it regulates Congressional hearings Power to subpoena

Confirmation and Impeachment Powers Appointment and Confirmation Advise and consent Which value should be emphasized? Impeachment Article I, § 2, clause 5, vests the power of impeachment in the House of Representatives Article I, § 3, clause 6, gives the Senate the responsibility of trying impeachment cases Impeachment is a charge against a public official

Initiation of Constitutional Amendments Article 5 of the Constitution allows Congress to start amendment process

Two methods of initiating a constitutional amendment Congressional resolution (with two-thirds majorities in both houses) Two-thirds of the state legislatures or more, a convention can be convened to propose amendments

Two Methods of Ratification Concurrence of three-fourths of the state legislatures Conventions in three-fourths of the states

Power over Federal Property, Territories, and Native Americans Congress may control, by appropriate legislation, the purchase and sale of federal property Congress may employ the power of eminent domain consistent with the Fifth Amendment Congress may regulate federal properties, including establishing criminal laws that apply on federal properties Some properties are held by the federal government exclusively Others are concurrently held with the states

Power to Enforce Civil Rights The Enforcement Clauses of Amendments Thirteen (abolish slavery) Fourteen (Due Process and Equal Protection) Fifteen (voting discrimination based on race) These clauses allow Congress to enact legislation to enforce the amendments.

Other Powers Congress exercises control over aliens and immigration Has the power to establish a post office and postal roads Control of patents and copyrights Address admiralty issues Govern admission of new states to the union Assure that each state is a republican form of government