More About Congress

1. Explain what a continuous body is. Which house of Congress is a continuous body. Why is this important? Only 1/3 of the Senate is up for election at a time; for example, our Senator Kay B. Hutchison is up for reelection in 2012, John Cornyn in This means the Senate has greater job security and is less subject to the pressures of public opinion and special interest groups. Note: no 2 Senators from the same state are up for election at the same time.

2. How are Senate members elected (who elects them)? Until the 17 th Amendment was passed, who chose Senators? Until 1913 when the 17 th Amendment was passed, Senators were chosen by state legislators. Now they are popularly elected meaning the people elect them directly.

3. Explain the significance of the Supreme Court case Wesberry v. Sanders (1964). What was the primary issue? What is the famous phrase that came out of this case? Gerrymandering is common. For decades districts varied widely in the number of people they included. Rural overrepresentation used to be common as well as political (party) gerrymandering. Wesberry v. Sanders had a dramatic effect on public policy, and electoral politics in that cities and suburbs have had a larger voice since “One person/one vote” is the famous phrase.

4. What characteristics does a typical member of Congress have? How old is a typical member? What race? Why is this so? Middle-aged, white male lawyers predominate in both houses of Congress (1/3 of House and approximately ½ of Senate are attorneys.)

5. When are Congressional elections held? They are held the Tuesday after the first Monday in November of even-numbered years.

6. What are special sessions and when are they called? Why has the almost- elimination of special sessions diminished the President’s power? Only the President can call a special session (only 26 have been called in our history). Since Congress meets nearly year round now, Presidents don’t “call” the members back to Washington. Because the President dictates the special session’s issue, the near elimination of special sessions has diminished somewhat the President’s legislative power.

7. What is a strict constructionist? What is a liberal constructionist? How does this relate to implied powers? The original strict constructionist(s) Thomas Jefferson (and the Anti-Federalists) said Congress should exercise only the expressed powers, those specifically given to Congress by the Constitution, and only the implied powers absolutely necessary to run the country. The liberal constructionist(s) Alexander Hamilton (and the Federalists) wanted “energetic” government. They won and that view has continued to dominate because of wars, economic crises and demands of Americans for more gov’t services.

8. Explain the chart on p Expressed powers are listed in the Constitution in Article I, Section 8 (18 separate clauses, 27 specific powers). Nearly all implied powers stem from the expressed power to tax and power to regulate commerce. From these expressed powers come many implied powers which have been interpreted in some significant Court decisions.

9. The implied powers of Congress flow from the Necessary and Proper Clause. Why is this and what keeps Congress from abusing its implied powers? Article I, Section 8, Clause 18 is also called the Elastic Clause. As early as 1790 this was cause for dispute. Hamilton wanted a national bank and strict constructionists did not, but Hamilton’s view prevailed (won). By 1816 a 2 nd National Bank was created and several states tried to cripple the bank by taxing its notes (money).

A bank in Baltimore was targeted and eventually the case was decided at the Supreme Court. The Court agreed unanimously that the Bank was necessary and proper and that the “power to tax involves the power to destroy.” Potential Congressional abuse of the implied powers is curbed by public opinion, checks and balances and separation of powers.

10. What is deficit financing? Why does it matter and what does it have to do with Congress? Deficit spending is simply spending more than a nation takes in during a fiscal year. The public (national) debt is the amount of deficits piled up year after year. (The U.S. had deficit financing every year from 1969 through 1998.)

It matters because deficit spending limits the available money for other national needs and those of future generations are in debt before they can even vote. Because Congress authorizes virtually all federal spending they are concerned with deficit financing.

11. What is the Commerce Clause and how has the Supreme Court used it? The Commerce Clause in the Constitution gives Congress the power to regulate interstate and foreign trade. It’s responsible for the strengthening of our economy and has limited bickering among the states. It has extended federal authority into many areas of life like discrimination, specifically the Civil Rights Act of 1964.

Explain the significance of the Supreme Court case McCullough v. Maryland (1819). See answer 9.

13. Briefly explain the House and Senate rules concerning debate on a bill. How are they different? Because of its size the House has strict limits on debate. For example, the Speaker may force any member straying from the subject to give up the floor and nor member can have the floor for more than an hour without unanimous consent.

In the Senate however there is almost unrestrained debate. This practice has led to filibustering because a Senator may keep the floor for hours. Strom Thurmond holds the Senate’s record for filibuster at 24 hours, 18 minutes. Cloture, limiting debate requires a 3/5 vote of the Senate.

14. What happens to most bills introduced in Congress? Why is this? Most bills die in committee. Of the over 10,000 bills introduced in a Congressional session, about 5% will become law. Members of Congress are besieged by constituents, special interest groups and others to sponsor bills and the executive branch also sponsors many bills.