Congress n Constitutional Powers n Organization n Primary Functions n Secondary Functions n Bicameralism n Legislative process n Leg. Oversight

Constitutional Powers n Article I, Section 8 of the Constitution n Powers –lay & collect taxes, duties...pay debts –borrow money on credit of U.S. –regulate commerce with foreign nations, among the states... –coin money, regulate its value, etc. –establish post offices, roads –promote progress of science and the arts (patents and trademarks)

Constitutional Powers n Powers (continued) –constitute tribunals inferior to the Supreme Court –declare war...raise & support armies...provide & maintain a navy –provide for calling forth of the militia –make all laws which shall be necessary and proper –initiate constitutional amendments

Organization n n n x.cfm x.cfm

Organization of Congress n Bicameral legislature n Senators elected by states until 1913 n House initiates all spending bills and has power of impeachment n Senate affirms treaties, approves major Presidential appointments, tries all impeachments

Organization of Congress n Assembles at least once each year n Each house may determine rules of its proceedings & punish its members for disorderly behavior n Senators & representatives shall be paid but can’t give themselves a raise (27th Amend. 1972)

Organization of Congress n Senators and representatives: – are privileged from arrest during attendance at session… and for any speech or debate in either House (except for treason, felony and breach of the peace) –shall not be appointed to any civil office (unlike parliamentary systems)

Primary Functions n Legislate –Laws are often general with instructions to executive agencies (e.g. Clean Air Act) n Oversee Executive Agencies n Inform and educate the public n Represent constituents

Primary Functions n Represent constituents –Policy responsiveness –Service responsiveness (casework) –Allocation responsiveness (pork barrel) –Symbolic responsiveness (home style) n Models of representation –Trustee –Delegate

Secondary Functions n Impeachment –Executive and judicial officers –Treason, bribery, high crimes & misdemeanors –House impeaches; Senate tries (2/3 vote) n Seating and disciplining members –House and Senate rules vary n Selecting executive branch leaders

BicameralismBicameralism n Represent different interests & foster deliberative lawmaking n Committee appointments & the role of the majority party n Agenda setting n Seniority & Congressional power –Speaker of the House –President pro tempore and Majority leader of the Senate

BicameralismBicameralism n Senate Change in Leadership--107th –Jan. 3 - Jan. 20, 2001; June 6 - present Robert Byrd (WVA), President Pro Tempore Tom Daschle (SD), Majority Leader Harry Reid (NV), Majority Whip –Jan June 6, 2001 Strom Thurmond, President Pro Tempore Trent Lott (MS), Majority Leader Don Nickles (OK), Majority Whip –James Jeffords changed parties (R->I)

Legislative Process n Committees and subcommittees –Standing committees –Joint committees –Select committees –Conference committees n Major differences between House and Senate rules –Nongermane amendments in Senate –Filibuster & cloture in Senate

Legislative Process n Bills introduced n Referred to committee(s) (rules) n Subcommittees hold hearings n May recommend passage n Committee(s) vote n Full House or Senate votes n Goes to other house n Conferences work out differences n President signs or vetoes

Legislative Process n History of legislation (bill’s history) n Legislative Intent n Congressional Record n Testimony at hearings n Lexis-Nexis

Legislative Oversight n Oversight or check on process –General Accounting Office –Congressional Budget Office –Office of Technology Assessment –Congressional Research Service n Legislation as process, not solution n Oversight as feedback, not “criminal“ investigation