The Structure and Powers of Congress. Bicameral structure: two chambers. A. Many other nations have two house leg., but “upper house” is usually ceremonial.

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Presentation transcript:

The Structure and Powers of Congress

Bicameral structure: two chambers. A. Many other nations have two house leg., but “upper house” is usually ceremonial. B. Purpose of bicameralism: protect against overly powerful legislature. C. House of Reps would reflect popular will of average citizen. D. Senate: provide more stability, continuity, and in- depth deliberation. E. Bicameralism acts as moderating effect on partisanship, and prevents gov. from steamrolling ahead and infringing on people’s rights.

Congressional Salaries (2006) A. Speaker of House $212,100. B. House and Senate Party leaders $183, 500. C. Members of House and Senate $165, 200. D. Congressional pensions based on following formula: 2.5% of the average of the 3 highest years of salary times total number of years served…

Expressed (enumerated, delegated) Powers A. Levy taxes (revenue bills must begin in House). B. Borrow money. C. Regulate foreign, interstate, Indian commerce. (Clause has been tested frequently in courts because of broad interpretation by Congress). D. Establish naturalization and bankruptcy laws. E. Coin money. F. Establish weights and measures. G. Punish counterfeiters. H. Establish post offices. I. Grant copyrights and patents. J. Create courts inferior to Supreme Court. K. Define and punish piracy. L. Declare war. M. Raise and support an army and navy ($$$$$).

Implied powers A. Based upon elastic clause. B. Examples: national bank, paper money, air force, CIA. C. Strict v. Loose constructionist approaches battle it out over implied powers.

Institutional Powers – those that relate to the system of checks and balances. A. Senate ratifies treaties with 2/3 vote. B. Senate approves presidential appointments with majority vote. C. House votes for impeachment (majority needed), Senate tries impeachment (2/3 needed to convict). D. House elects President if no electoral majority (each state gets one vote), Senate elects V.P. E. Proposal of constitutional amendments with 2/3 vote in both houses. F. Each can seat, unseat, and punish its own members.

Powers denied to Congress A. Passing ex post facto laws (Would make previous activity illegal and subject to penalty). B. Passing bills of attainder (Law declaring an act illegal – therefore, punishable without a trial). C. Suspending habeas corpus except in cases of rebellion or invasion (Must have evidence to charge someone with a crime).