The Legislative Branch

Why was Congress created? The Founding Fathers believed that the bulk of the power that would be exercised by the national government should be in the hands of the legislature. Congress’s leading role in government is apparent in its primacy in the Constitution. “All legislative Powers herein granted shall be vested in a Congress…” Congress is bicameral (Connecticut Compromise). Balance the interests of the numerical superiority with the property interests of the landowners.

Why was Congress created? The House would be elected “by the people”. Senators would be chosen by state legislatures (changed in 1913 with 17th Amendment).

Terms of Office House of Representatives: Senate: Two-year terms Six-year terms (more than President) One-third recurring elections

Functions of Congress Lawmaking - make binding rules for all Americans (federal budget, health-care reform, gun control). The majority of bill originate in the executive. Representation - elected officials who represent the views of their constituents. Trustee View - legislator who acts according to his or her conscience and the broad interests of the entire society. Instructed-Delegate View - legislator is an agent of the voters who elected them, regardless of personal belief.

Functions of Congress Constituency Service - legislators are expected by their constituents to act as brokers between private citizens and the imposing federal government. This takes the form of casework. Oversight - process by which Congress follows up on the laws it has enacted to ensure that they are enforced and administered the way Congress intended. Public Education - public hearings, oversight of the executive, committee debate, etc. (Agenda-setting)

Functions of Congress 6. Conflict-Resolution - resolve conflicts within American society. Interest groups and other organizations count on Congress to address their grievances. Resolve competing viewpoints.

The Powers of Congress Enumerated Powers (Expressed): Impose taxes Borrow funds Regulate interstate commerce and international trade Establish naturalization procedures Establish bankruptcy laws Coin and print money Punish counterfeiters Establish post offices Regulate copyrights Establish courts Punish piracy Declare war Maintain an army and a navy (Power of Purse)

Powers of the Senate: Must advise on, and ratify, treaties Accept or reject presidential nominations Constitutional Amendments: Congress must certify the election of the president Levy an income tax (16th Amendment) Establish a line of succession (20th, 21st)

Necessary and Proper Clause: “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers [of Article I], and all other Powers vested by this Constitution in the Government of the United States…” *Allows for the expansion of the national government. *It also allows Congress to check presidential expansion.