THE STRUCTURE AND POWERS OF CONGRESS

I.The bicameral structure: two chambers. A.Many other nations have two house legislatures, but the “upper house” is largely ceremonial (e.g., British House of Lords). B.Purpose of bicameralism is to protect against an overly powerful legislature. Bicameralism acts as a moderating effect on the power of Congress, and prevents government from steamrolling ahead and infringing on people’s rights. C.House of Rep’s was expected to reflect popular will of average citizen. D.Senate was to provide more stability, continuity, and in-depth deliberation. E.Bicameralism was part of the Connecticut (Great) Compromise at the Const. Conven.

II.Delegated powers granted to the national government. A.Expressed/enumerated: actually spelled out in the Const. 1.Levy taxes (revenue bills must begin in House). 2.Spend money for common defense and public welfare. 3.Borrow money. 4.Regulate foreign, interstate, Indian commerce. This clause has been tested frequently in the courts due to its broad interpretation by Congress. 5.Establish naturalization and bankruptcy laws. 6.Coin money. 7.Establish weights and measures. 8.Punish counterfeiters. 9.Establish post offices. 10.Grant copyrights and patents. 11.Create courts inferior to Supreme Court. 12.Define and punish piracy. 13.Declare war. 14.Raise and support an army and navy.

B.Implied powers: suggested, but not actually expressed, in the Const. 1.Based upon elastic clause (aka Necessary and Proper) 2.Examples: national bank, conscription (the draft), paper money, air force, CIA 3.Strict v. loose constructionist approaches.

C. Inherent powers 1.Powers the national government has simply by virtue of being a sovereign govt. 2.Examples: regulating immigration, acquiring territory, granting diplomatic recognition

IV.Institutional powers, i.e., those that relate to system of checks and balances. A.Senate ratifies treaties with 2/3 vote. B.Senate approves presidential appointments with simple majority vote. C.House votes for impeachment (simple majority vote needed), Senate tries impeachment cases (2/3 vote needed to convict). Who is subject to impeachment: Pres, VP, and “all civil officers of the United States” D.House elects President if no electoral college majority, Senate elects V.P. E.Proposal of constitutional amendments with 2/3 vote in both houses. F.Each can seat, unseat, and punish (e.g., censure) own members.

Advice and Consent Powers Only the Senate has advice and consent powers. Treaties require a 2/3 majority. Impeachment requires a 2/3 majority. Confirmations of federal judges require a simple majority. Confirmations of cabinet members require a simple majority.

V.Powers denied to Congress. A.Passing ex post facto laws (using laws to retroactively punish) B.Passing bills of attainder (punishing certain group) C.Suspending habeas corpus (holding person without trial) except in cases of rebellion or invasion.

Germaneness Requirement The basic element of the germaneness rule is the requirement that an amendment or rider address the same subject as the underlying bill. The House requires that all amendments be germane, or related to, the matter they seek to amend. This prevents the addition of unrelated matters to bills on the floor of the House or in its committees. The House has very strict germaneness rules. In the Senate, the only bills that carry a germaneness requirement are appropriations and budget measures, matters on which cloture has been invoked. The Senate has a very lax germaneness rule. Intended to prevent pork barreling!

Germaneness Ensures that a bill’s amendments are relevant to its original purpose – After it sends a bill to the Senate for review, the House must align the bill’s amendments to the Senate’s amendments – This makes the Senate’s review of the bill’s amendments superior to the House’s review – The Senate’s review process is more brief and simpler since they do not have to change the bill’s amendments to coincide with the House’s version – Conversely, the House’s review process is longer and more complicated because they have to change the bill’s amendments to fit with the Senate’s version – Intended to prevent Pork Barreling…

Congressional Oversight of the Executive Branch This is another example of “checks and balances.” Congressional oversight includes: investigations, program review, checking on possible abuses of power by member of the military, government officials in the executive branch, and the president.

Pearson Education, Inc. © 2006 Comparing Both Chambers HouseSenate Procedures and RulesMore formalLess formal FilibusterNoYes HoldsNoYes Unanimous Consent Agreements NoYes Rules CommitteeYesNo Germane RequirementYesNo

Essential Question The House and Senate play unique roles/powers in the American government system. Describe the difference in roles/powers that are apparent in the House and Senate.

Congressional Oversight of the Executive Branch This is another example of “checks and balances.” Congressional oversight includes: investigations, program review, checking on possible abuses of power by member of the military, government officials in the executive branch, and the president. Congressional Review Act of 1996: allows Congress to nullify executive agency regulations within 60 days of their enactment. The regulation must be passed by both houses of Congress and signed by the President. Who are these agencies? See a list on pg. 328 Show “Oversight Hearing” video Waxman

Congress and the Judiciary Congress exercises its control over the judiciary in several ways – Can establish the size of the Supreme Court, its appellate jurisdiction, and the structure of the federal court system – Senate also has the authority to accept or reject presidential nominees for the federal courts Senatorial courtesy: process by which presidents, when selecting district court judges, defer to the senator in whose state the vacancy occurs.