Chapter 5: Congress: The Legislative Branch

Chapter 5: Congress: The Legislative Branch
Overture Section Congress Section The Powers of Congress Section The House of Representatives Section The Senate Section Congress at Work

Congress plays a vital role in the system of checks and balances.
Section 1 at a Glance Congress Members of Congress strive to represent the interests of their constituents while keeping in mind the needs of the country as a whole. Congress is a bicameral legislature with a House of Representatives and a Senate. Congress plays a vital role in the system of checks and balances.

Reading Check Identifying the Main Idea
What groups do members of Congress represent? Answer(s): individual constituents, groups of constituents, the nation as a whole

The Structure of Congress
Congress is a bicameral legislature made up of the House of Representatives and the Senate. The House of Representatives 1929: number fixed at 435 Number of representatives each state can elect based on state’s population Apportionment: distribution of seats according to population Representatives serve two-year terms The Senate 100 members Each state represented by two senators Senators serve six-year terms

114th United States Congress

Party(Shading indicates majority caucus)
Affiliation Party(Shading indicates majority caucus) Total Vacant Demo Independent Republican End of previous Congress 53 2 45 100 Begin (January 3, 2015) 44 54 Latest voting share 46% 54%

Party(Shading indicates majority caucus)
Total Vacant Democratic Republican End of previous Congress 201 234 435 Begin (January 3, 2015) 188 247 January 5, 2015[note 1] 246 434 1 February 6, 2015[note 2] 245 433 2 March 31, 2015[note 3] 244 432 3 May 5, 2015[note 4] June 2, 2015[note 5] September 10, 2015[note 6] Latest voting share 43.2% 56.8% Non-voting members 5 6

Bicameral legislature proposed at the 1787 Constitutional Convention
The Structure of Congress {continued} The Two-House Structure Bicameral legislature proposed at the 1787 Constitutional Convention Great Compromise combined elements of two previously proposed plans, Virginia Plan and New Jersey Plan Bicameral system adopted parts of both plans: states would have equal representation in Senate, but proportional representation based on population in House of Representatives

Reading Check Summarizing
What are the key features and purposes of the bicameral structure?

What are the key features and purposes of the bicameral structure? Answer(s): possible answer—two houses with representation in one based on population, the other with equal representation; to balance democratic representation with political stability

Congress and Checks and Balances
The Power of the Purse Only Congress can deny funding requests from executive branch Through appropriation, Congress can prevent president from carrying out policies The Power of Advice and Consent Senate must approve treaties negotiated by president Senate has power to reject presidential appointees The Impeachment Power Impeachment power rarely used Congress can charge officials with wrongdoing, bring them to trial Process only in cases involving treason, bribery, “high crimes and misdemeanors” Other Checks and Balances Begins process of amending Constitution Can override presidential veto of bill Congressional oversight: broad powers of executive review

Reading Check Identifying Supporting Details
What are some examples of checks and balances Congress has over the executive branch?

What are some examples of checks and balances Congress has over the executive branch? Answer(s): possible answer—power of the purse, power of advice and consent, impeachment, veto override, oversight

Section 2 at a Glance The Powers of Congress
Congress has extensive expressed, inherent, and implied powers. The extent of Congress’s implied powers is a subject of debate. The powers of Congress have expanded over time with the growth of government.

Congress Main Idea Reading Focus
The Constitution gives Congress many expressed powers, and it implies some others. The Constitution also places limits on the powers of Congress. Reading Focus What types of powers does Congress have? What are the expressed powers of Congress? What are the implied powers of Congress? What are some of Congress’s nonlegislative powers? What are some of the limits on the powers of Congress? How has the power of Congress changed during U.S. history?

—Expressed: spelled out in Constitution
Defining the Powers of Congress Three types of powers held by Congress —Expressed: spelled out in Constitution —Implied: suggested Constitution in the necessary and proper clause —Inherent: powers a government maintains simply because it is a government In addition to granting powers to Congress, the Constitution explicitly denies powers to the legislative branch.

Reading Check Contrasting
What is the difference between an expressed power and an implied power?

What is the difference between an expressed power and an implied power? Answer(s): An expressed power is specifically granted by the Constitution, whereas an implied power is merely suggested by the Constitution.

Strict constructionists Loose constructionists
Implied Powers of Congress Loose and Strict Constructionists Founders disagreed about how necessary and proper clause should be defined Strict constructionists —Congress should only exercise powers explicitly granted in Constitution —Known as Antifederalists Loose constructionists —Congress should have more freedom to interpret Constitution —Known as Federalists The Necessary and Proper Clause Today Has led to expanded federal authority over time

Powers Common to Both Houses Conduct investigations
Nonlegislative Powers Powers Common to Both Houses Conduct investigations Ability to issue subpoenas and documents that require person to testify

Reading Check Making Inferences
Why do you think the subpoena power is important for Congress?

Why do you think the subpoena power is important for Congress? Answer(s): To conduct its investigations honestly and effectively, Congress needs to be able to call people to testify.

What are some of the limitations on the powers of Congress?

What are some of the limitations on the powers of Congress? Answer(s): possible answer—judicial review, executive veto, constitutional bans against passing bills of attainder and ex post facto laws.

The Changing Power of Congress
In the twentieth-century Congress expanded its power to meet the needs of the growing nation. Responded to severe economic crisis in 1930s: provided Social Security and help to unemployed Post–World War II, responded to new status of nation as dominant world power: created new U.S. Air Force, CIA, NASA Delegated some powers to federal agencies it created

Section 3 at a Glance The House of Representatives Membership in the House of Representatives is apportioned to each state on the basis of its population. After each census, seats in the House are reapportioned among the states and new district boundaries are drawn. The Speaker of the House is one of the most powerful leaders in government. The House relies on a committee system to conduct much of its business.

The House of Representatives
Main Idea The House of Representatives, with its frequent elections and regular reapportionment, is the more representative chamber of Congress. Its members carry out much of their work in committees. Reading Focus What are the key features of the House of Representatives and its membership? What are some of the challenges that reapportionment and redistricting raise? How is the leadership of the House organized? What is the role of committees in the operation of the House?

Membership in the House
Formal Qualifications House members chosen by direct popular vote According to Constitution, House is responsible for “Elections, Returns, and Qualifications of its own Members” Representative must be at least 25 years old and resident of state he or she represents. Members must also have been U.S. citizen at least 7 years Informal Qualifications Candidates with military backgrounds, celebrities often popular choices for House membership Ability to raise significant funds for campaigning is important informal qualification for House membership

What are the formal and informal qualifications for membership in the House?

What are the formal and informal qualifications for membership in the House? Answer(s): at least 25 years old, U.S. citizen for seven years, resident of state represented, high voter appeal, ability to raise money

Reapportionment and Redistricting
Changes in Population Each state must have at least one representative Constitution requires that House redistribute number of seats available to each state every 10 years Reapportionment based on most current census figures Gerrymandering State governments responsible for creating voting districts within state Gerrymandering: redrawing district boundaries for political gain One Person, One Vote According to Constitution, each person’s vote must have same basic value Gerrymandering has been used to disenfranchise racial minorities Supreme Court has restricted use of gerrymandering

Reading Check Sequencing
What are the steps by which House seats are assigned to different states?

Reading Check Sequencing
What are the steps by which House seats are assigned to different states? Answer(s): A census is held; Congress reapportions seats to the states based on the changes in population

The presiding officer of the House is called the Speaker of the House.
Leadership in the House The Speaker of the House The presiding officer of the House is called the Speaker of the House. —Elected by his or her peers — Member of majority party The Speaker has authority over much of the business of the House. — Presides over debates — Rules on points of order — Assigns bills to committees The Speaker is behind the vice president in the line of succession to the presidency.

Leadership in the House (cont’d.)
Other Leadership Posts Party officers elected at beginning of term at party caucus Both Democratic and Republican Parties elect floor leader Majority leader serves as assistant to Speaker of the House Both parties elect whips: function is to secure votes in line with party leadership House Rules House has congressional authority to make own rules House Rules Committee very powerful: responsible for setting conditions under which bills are debated

What role does the leadership play in running the House?

What role does the leadership play in running the House? Answer(s): possible answer—Leadership sets committee assignments, shapes the House’s agenda and debates, and enforces party discipline.

The Role of Committees Standing Committees Other Committees
Standing committees: permanent committees that address broad topics Subcommittees: specialize in areas within a broader topic Other Committees Select committees: meant to carry out specific task Joint committees include both House and Senate members; address issues that affect both chambers Committee Chairs Position of committee chair very powerful Chairs chosen by majority party Position usually goes to most senior member on committee” Committee Membership House members usually serve on two standing committees, four subcommittees at a time Members request assignments based on personal interest, concerns of constituents

What is the advantage of having committees in the House?

What is the advantage of having committees in the House? Answer(s): possible answer—Committees divide the workload and allow members to specialize on specific areas of public policy.

Senate traditions, such as open debate, make it a distinctive body.
Section 4 at a Glance The Senate Each state has two senators, regardless of population. Like the House, the Senate relies on a system of committees. Senate traditions, such as open debate, make it a distinctive body.

The Senate Main Idea Reading Focus
Senators represent entire states, have longer terms, and follow different rules of debate. These features help give the Senate its reputation as a more weighty and careful body than the House. Reading Focus What are the major features of the Senate and its membership? What are the Senate’s leadership posts? What is the role of committees in the Senate? What are some of the distinctive rules and traditions of the Senate?

The Power of the Speaker

The Senate and Its Membership
Formal Qualifications Must be at least 30 years old Must reside in state he or she represents Must be U.S. citizen at least nine years Serve six-year terms Informal Qualifications Tend to be older and wealthier than House members Senate does not reflect diversity of U.S. population Less diverse body than House Election of Senators State legislatures originally chose senators Since 1913, 17th Amendment, elected by direct popular vote

How do requirements for a senator’s seat differ from those for a House member?

How do requirements for a senator’s seat differ from those for a House member? Answer(s): senator, at least 30 years old, instead of 25, must have been a U.S. citizen for at least nine years instead of seven

Senate Leadership Senate’s presiding officer
Constitutional Positions Senate’s presiding officer —Vice president of the United States is president of the Senate —Largely ceremonial; votes only in circumstance of tie, casts deciding vote When presiding officer absent —President pro tempore presides in absence of president of the Senate, traditionally longest-serving senator of majority party —Third in line in presidential succession behind Speaker of the House Party Leaders Leading the majority —Senate majority leader most powerful position in Senate —Chosen by party caucus, works to fulfill party’s agenda in Senate Minority leader guides work of minority party in Senate

Reading Check Identifying the Main Idea and Details
What is the Senate leadership structure?

Reading Check Identifying the Main Idea and Details
What is the Senate leadership structure? Answer(s): President of the Senate presides; president pro tempore presides in the absence of the president of the Senate; Senate majority and minority leaders head their respective parties.

Committees in the Senate
Types of Senate Committees 16 standing committees and dozens of subcommittees Assignments allow senators to become familiar with specific issues of public policy Membership in Committees Usually serve on three committees and five subcommittees Members seek assignments that align with constituents’ concerns and personal interests. Committee Chairs No senator can chair more than one committee Committee chairmanships generally chosen by seniority rule Senate Committee Power Top nominees of president reviewed by relevant Senate committee Debate and vote on treaties, need two-thirds majority to become law

How do committee assignments differ in the House and Senate?

How do committee assignments differ in the House and Senate? Answer(s): Senate committee assignments are made by the party caucus rather than by party leaders.

Senate places fewer limits on debate than House
Rules and Traditions The Filibuster Senate places fewer limits on debate than House Senators may use stalling tactics like filibuster —Opponents of measure refuse to stop talking hoping to prevent measure from coming to vote —Cloture can limit filibuster, requires two-thirds vote to end debate

Discipline in the Senate
Rules and Traditions Discipline in the Senate Constitution states Senate should judge conduct of own members Senators can be expelled or censured Filling Vacancies Vacancy occurs if senator dies in office or retires during term State’s governor appoints temporary replacement

What are some of the unique traditions of the Senate?

What are some of the unique traditions of the Senate? Answer(s): filibuster, cloture, governor-appointed replacements

Debating the Issue: The Seniority System
Should seniority be a determining factor for committee chairs in the House of Representatives and the Senate? For most of the twentieth century, committee chairs were chosen strictly according to the seniority system, which reserved these posts for the long-serving committee members of the majority party. A series of reforms in the 1970s and 1990s empowered party conferences to elect their committee chairs through secret ballots and set term limits on a chair’s service. Still, committee chairs and ranking minority party members are almost always the longest-serving members of their respective parties on a committee.

Section 5 at a Glance Congress at Work
Bills may be introduced in either house and usually get assigned to committees for analysis and revision. Floor debates differ in the House and Senate. Differences between House and Senate versions of a bill are resolved in a conference committee. The president needs to sign a bill for it to become law.

Congress at Work Main Idea Reading Focus
The main job of Congress is to make laws. The process of making laws is well established and orderly. Reading Focus How are bills introduced in Congress? What happens to a bill in committee? What happens to a bill on the floor of the House and Senate? What is a conference committee? What actions can a president take on a bill?

Purpose of Laws

Bills in Congress Introducing Bills
Both houses of Congress introduce bills — Most bills are public and affect entire country — Private bills affect only one individual or small group of people Rider: provision added to a bill that has little or no relationship to bill’s main intent — Usually unpopular provisions unlikely to pass on their own Other Types of Action Joint resolution: similar to a bill — Used for certain circumstances — Must be signed by president, carries force of law Concurrent resolutions: address operations in both chambers, do not carry force of law

What are some of the legislative actions that Congress takes?

What are some of the legislative actions that Congress takes? Answer(s): passing bills, passing joint resolutions, passing concurrent resolutions

Bills in Committee Referral The Subcommittee’s Report
Most bills submitted to Congress do not become law. Referral Bills first referred to particular committee in House or Senate Bill may later be assigned to subcommittee The Subcommittee’s Report Subcommittee issues report on bill to full committee following hearing Subcommittee’s report based on majority of committee members’ recommendation Report can be favorable, unfavorable, neutr Committee and Subcommittee Hearings Public hearings get input on bills under consideration

Bills in Committee {continued}
The Markup Process Full committee further debates bill, considers any amendments If committee decides to take no further action, bill is virtually killed Rarely, discharge petition used by House to force bill out of committee House Rules House Rules Committee sets rules to govern how bills debated or amended Some major budget or appropriations bills bypass Rules Committee Three main types of rules: open, closed, modified —Open rules allow amendments —Closed rules forbid amendments —Modified rules limit amendments

What are the steps a bill follows while it is in committees?

What are the steps a bill follows while it is in committees? Answer(s): assigned to subcommittee, hearings held, subcommittee report, markup process, committee votes on how to report bill to full chamber or takes no action on bill, if approved by committee, bill passes to Rules Committee

The Bill on the Floor The Bill in the House The Bill in the Senate
After a bill leaves committee, it moves on for the full consideration by the House or Senate. The Bill in the House House votes to accept rules Committee of the Whole is formed by all members Debates bill, recommends amendments Quorum for Committee of the Whole is only 100 Members must publicly state votes in roll-call vote The Bill in the Senate Requests for debate limits and amendment restrictions require unanimous consent of Senate. Important bills subject to roll-call votes, as in House

Reading Check Comparing and Contrasting
How does floor debate on a bill differ in the House and Senate?

How does floor debate on a bill differ in the House and Senate? Answer(s): possible answer—The House limits time allowed for debate and the right to offer amendments; the Senate usually does not place such limitations.

The Conference Committee
Resolving differences between House and Senate versions of a bill is the responsibility of a conference committee. No formal rules for dual-chamber committee meetings If conference committee does not reach agreement, bill may die If conference committee does reach agreement, issues report to both houses If both House and Senate accept, bill moves on for president’s approval

What is the purpose of a conference committee?

What is the purpose of a conference committee? Answer(s): to resolve differences between House and Senate versions of a bill; create a common bill acceptable to both

Presidential Action on a Bill
President can sign bill into law President can choose not to sign bill. —After 10 days if Congress still in session, bill becomes law —If Congress adjourns during 10-day period, bill does not become law; known as a pocket veto President may outright veto bill Congress can override veto with two-thirds majority vote in both houses

What are the different ways a president has to reject a bill?

What are the different ways a president has to reject a bill? Answer(s): pocket veto and veto

We the People: The Citizen and the Constitution
The Sources of Laws Where do members of Congress get ideas for legislation and information in deciding which bills to introduce or support? As the people’s representatives, they must be open to ideas from a number of sources. The executive branch Constituents Interest groups

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Chapter 5: Congress: The Legislative Branch

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