1. The Role and Powers of Congress
Chapter 5
The Role and Powers of Congress

2. Chapter 5 Section 1
Congress has 3 key duties in the running of our government
Make laws (legislate)
Oversees the performance of government agencies
Provides services to the people

3. Chapter 5 Section 1
Making laws : there are 4 main things that influence how members of Congress vote
Personal beliefs : studies show that members of Congress’ vote is often influenced by their personal opinion on the issue, even if that is not what their constituents ( voters) believe
Constituents’ interests: votes are influenced by the people the Congress member represents
Interest Groups: Congress members may be influenced by information provided by interest groups
Political Party Loyalty: members of Congress may vote based on what the majority of their political party wants

4. Chapter 5 Section 1 Overseeing agencies:
Congress is in charge of investigating government agencies to make sure that they are performing their duties properly. This is called Congressional oversight

5. Chapter 5 Section 1
Provides services to the people: Members of Congress often get requests from their constituents to help them with various issues
Obtaining a government job
Getting an emergency passport
Complaints about specific laws
Requesting funding for a specific project or organization

6. Chapter 5 Section 2 : House of Representatives
The Founding Fathers thought the House would be filled with ordinary citizens who would serve for a brief period of time and then return to their ‘normal’ lives

7. Chapter 5 Section 2 Size of the House
435 members- set in 1910 remains the number today
Congress can vote to change this number, it is not written in the Constitution

8. Chapter 5 Section 2
Distribution of Representatives is determined every 10 years by the census
States may gain or lose representatives based on population changes
Each state no matter the population must have at least 1 representative
West and South have gained seats while the Northeast and Midwest have lost seats
Districts are redrawn according to political affiliation at times, this is called Gerrymandering
Westbury v Sanders: districts within a state must have roughly the same number of people

9. 2000 Census

10. Chapter 5 Section 2 Terms: 2 year terms Unlimited number of terms
If a representative resigns or is removed from office the governor must call for a special election to determine the new representative
The entire House is up for re-election every two years

11. Chapter 5 Section 2 Qualifications At least 25 years old
US citizen for 7 years
Legal resident of state they represent

12. Chapter 5 Section 2 Salary and benefits $174,000 a year Office space
27th amendment states that Congressional pay raises will not take effect until after the next election year
Last raise was in 2009 (voted on in 2008)
Office space
Money to hire staff, travel to and maintain offices at home district, stationary, and other supplies
Franking privileges- allowed to send mail for free
Pension, life insurance, special tax deductions, medical services, free parking, free health club membership, immunity for prosecution for what they say on the House floor

13. Chapter 5 Section 2 : Senate
The Founding Fathers wanted the Senate, unlike the House, to attract older more experienced people who would serve longer terms

14. Chapter 5 Section 2 Size Terms 100 members- 2 from each state
This is the only part of the Constitution that cannot be amended
Terms
Serve for 6 years , unlimited number of terms
1/3 of the Senators are up for re-election every 2 years
If a Senator resigns or is removed from office the governor may appoint a new Senator

15. Chapter 5 Section 2 Qualifications Salary and benefits
At least 30 years old
US citizen at least 9 years
Legal resident of the state they represent
Salary and benefits
$174,000 a year
Office space
Money to hire staff, travel to and maintain offices at home district, stationary, and other supplies
Franking privileges- allowed to send mail for free
Pension, life insurance, special tax deductions, medical services, free parking, free health club membership, immunity for prosecution for what they say on the House floor

16. Chapter 5 Section 3: Powers of Congress
Expressed powers: written in Constitution
Special powers: expressed powers given specifically to the Senate or the House
Implied powers: needed to carry out expressed powers

17. Chapter 5 Section 3: Powers of Congress
Expressed powers
Specifically listed in the Constitution
Give Congress the power to make laws in 5 main areas of government
Gov’t finance
Regulation of commerce
National defense
Law enforcement
National sovereignty
Examples include collecting taxes and regulating foreign trade

18. Chapter 5 Section 3: Powers of Congress
Special powers: also specifically listed in the Constitution
Impeaching officials: Congress can remove pres. Or vice pres. From office for serious crimes against the nation
House: draws up charges and votes on whether there should be a trial – this is referred to as impeaching
Senate: holds a trial to determine guilt or innocence
Andrew Johnson and Bill Clinton are the only presidents to be impeached but neither was convicted by the Senate
Clinton: perjury
Johnson: violating Tenure of Office act – fired Sec of War

19. Chapter 5 Section 3: Powers of Congress
Special powers
Approve treaties made by the President with other countries (2/3 of the Senate must approve)
Approve judicial and executive appointments made by the President (majority of Senate must approve)
The House of Reps. would choose the President if no candidate received a majority of available electoral votes
Senate would choose the Vice President if no candidate received a majority of the electoral votes

20. Chapter 5 Section 3: Powers of Congress
Implied Powers
Elastic Clause: Congress has the power “ to make all laws which shall be necessary and proper for carrying out…” the expressed powers written in the Constitution
Congress has used this clause to significantly expand its powers

21. Chapter 5 Section 3: Powers of Congress
Implied powers
McCulloch v. Maryland (1819): many argued that the Bank of the United States was unconstitutional . However the Supreme Court ruled that it was “necessary” in order for Congress to exercise the other expressed powers such as to borrow money and collect taxes.

22. Chapter 5 Section 3: Powers of Congress
Limits on the Powers of Congress
Judicial review: Supreme Court can rule any laws passed by Congress to be unconstitutional
Reserved powers (10th Amendment): the states and the people hold all powers not given to the national gov’t by the Constitution
Ex post facto law – can’t pass a law that punishes someone for an action that took place before the law was passed
Bill of attainder- can’t pass a law that punishes a person who hasn’t been convicted in a court of law
Writ of habeas corpus- can’t deny someone a trial

23. People who influence the members of Congress
Interest Groups:
People acting together to achieve shared political goals
Goal: try to directly influence legislation by providing members of Congress with information about proposed legislation
MADD- Mother’s Against Drunk Driving
NORML- National Organization for the Reform of Marijuana Laws
Political Action Committees:
Goal: to try to get certain politicians elected because they are favorable to their view points
A committee formed by business, labor, or other special-interest groups to raise money and make contributions to the campaigns of political candidates whom they support.
Interest groups often form PAC’s to contribute to candidates election funds