Unit 6: The United States Congress Lecture & Discussion 2: Congressional Powers & Prerogatives

Objective To recognize the Constitutional authority of Congress and understand how power is wielded by its members, institutional organizations, and the two major parties

Do Now Respond to the prompt: Identify and briefly explain a few plausible interpretations of the following rule… “Students must be in class when the bell rings.”

A. Constitutional Authority Legislative Powers U.S. Constitution vests all legislative authority to Congress, meaning the power to make law Congress has the ultimate “power of the purse” to authorize expenditures of the federal government

A. Constitutional Authority Legislative Powers enumerated powers: a vast array of powers are listed in Article I, Section 8 (I.e. power to levy taxes, regulate commerce, declare war) implied powers: elastic clause enables Congress to “make all laws…necessary and proper” to carry out the enumerated powers (I.e. institute a draft)

A. Constitutional Authority Non-Legislative Powers constitutional amendment: propose a formal amendment by a 2/3rd vote in both houses electoral duties: House chooses president and Senate chooses VP if no candidate receives a majority of the electoral votes executive duties: Senate must approve presidential appointments with a majority vote and treaties with a 2/3rd vote

A. Constitutional Authority Non-Legislative Powers impeachment: House brings formal charges with a majority vote and Senate convicts with a 2/3rd vote oversight: committees conduct hearings, reviews and investigations of actions taken by the executive branch

B. Power of the Membership Members of Congress… run individual campaigns and think of themselves as independent representatives of their districts or states vote on proposed laws often without regard to party or presidential preferences are free to express views on lawmaking, budgeting and supervision through participation on committees and subcommittees

B. Power of the Membership Voting Behavior representational view: members vote as delegates based on the clear view of his or her constituents related to a specific issue organizational view: members vote as partisans or along party-lines to demonstrate goodwill towards his or her colleagues attitudinal view: members vote as trustees based on his or her own beliefs or opinions (polarization among members has increased)

C. Influence of Party Leadership Organization by Party party organization is an important element of congressional leadership Democrats and Republicans in both houses are organized by party leaders key leaders are elected by the full party membership within the House and Senate

How many Congressional party leaders can you name? Ryan (R) Pence (VP) Hatch (R) McCarthy (R) Pelosi (D) McConnel (R) Schumer (D) Scalise (R) Hoyer (D) Cornyn (R) Durbin (D) How many Congressional party leaders can you name?

C. Influence of Party Leadership Presiding Officers Speaker of the House: presiding officer of House chosen by majority party who uses substantial power to influence legislation by a) assigning bills to committees, b) deciding what bills are brought up for vote, c) choosing who speaks on the floor, and d) determining what motions are relevant to business at hand

C. Influence of Party Leadership Presiding Officers President of Senate: Vice President of United States who is not chosen by nor member of the body and only votes in the event of a tie President pro-tempore: an honorific position chosen by the majority party to preside over Senate in the absence of VP

C. Influence of Party Leadership Party Officers Majority Leader: principal leader chosen by majority party to steer legislation in both houses by a) being “chief spokesperson,” b) keeping the “rank and file” members in order, and c) leading debate for the majority Minority Leader: principal leader chosen by minority party to develop minority position in both houses by a) directing minority caucus, b) negotiating with majority leader, and c) leading debate for the minority

C. Influence of Party Leadership Party Officers Whip: an assistant chosen by the majority and minority parties to help leaders steer legislation on floors of both houses by a) “checking the pulse” of party members, b) rounding up members for important votes, and c) keeping a nose count of how votes are likely to go on controversial issues

D. “Real” Power of Congress Organization by Committee most important organizational feature of Congress is set of legislative committees immense congressional power lies in chairmanship of these committees committee chairpersons are chosen by majority party who determine the make-up of the groups that a) pass on legislative proposals, b) oversee workings of executive agencies, and c) conduct investigations

D. “Real” Power of Congress Types of Committees standing: a permanent body that considers and is responsible for legislation within a specified area select: a group appointed for a limited time and purpose

D. “Real” Power of Congress Types of Committees joint: a group on which members of both the House and Senate serve conference: a joint committee that is appointed to resolve differences in the House and Senate versions of same bill