The Congress

Function of Congress Make law Basic function of government in a democratic nation Law is the means of translating the public will into policy

Terms and Sessions Term Session Special Sessions 2 years - starts at noon on January 3 # consecutively from 1st Term in 1789 - now 111 Session 2 sessions per term - one per year usually meets for most of the year may not adjourn sine die Special Sessions

House of Representatives Size Term Reapportionment Election Districts Gerrymandering Qualifications

The Senate Size Election Term Continuous Body Qualifications

Members of Congress Average member Not a cross-section of American population

Job of Congressmen Legislators Committee members Represent constituents Servants of constituents Politician

Compensation Members of both houses Speaker of the House and President of the Senate Floor Leaders and President Pro tempore Fringe benefits Limits on Pay Privileges of members

Powers of Congress Congressional Power Strict Construction Source of power Source of limits on power Strict Construction Thomas Jefferson Loose Construction Alexander Hamilton

Expressed Powers Article I Section 8 Clauses 1 lay and collect taxes, duties, and excises laid to meet public needs; protect domestic industry limitations - must be to pay debts, provide for common defense and welfare can’t tax exports direct taxes must be apportioned among the States according to populations taxes must be uniform throughout the States 2 borrow money 3 regulate foreign and interstate commerce vital to the formation of a strong union Gibbons v. Ogden, 1824 commerce power is not unlimited can’t favor the ports of one State over another can’t lay duties on goods sent from one State to another slave trade compromise allowing importation until 1808

Expressed Powers (cont.) 4 establish naturalization and bankruptcy laws 5 coin money & regulate its value; set standards of weights and measures 6 punish counterfeiters 7 establish post offices and post roads 8 grant patents and copyrights 9 create courts inferior to the Supreme Court 10 define and punish piracies & felonies on the high seas and international law 17 exercise jurisdiction over federal property

Implied Powers 18 Necessary and Proper Clause responsible for vitality and adaptability of the Constitution First controversy over national bank McCulloch v. Maryland There is a real limit must be based in expressed powers

War Powers Clauses 11 declare war; grant letters of marque and reprisal; make rules of captures on land and sea 12 raise and support and army 13 provide and maintain a navy 14 make laws governing land and naval forces 15 provide for calling forth the militia 16 provide for organizing, arming, and governing the militia when called up

Nonlegislative Powers Constitutional Amendments Electoral Duties Impeachment and Trial Executive Powers Investigatory Powers