1. Copyright © 2012 Pearson Education, Inc. All rights reserved. Insert: Book Cover (when available)

2. Copyright © 2012 Pearson Education, Inc. All rights reserved.

3. The Functions of Congress To understand the functions of Congress, we must examine:  Legislative Functions: Expressed Powers  Legislative Functions: Implied Powers  Representation  Other Constitutional Functions

4. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Functions of Congress Congress has 2 basic functions: Legislation Representation

5. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Functions of Congress Legislative Functions: Expressed Powers Taxing and Spending Congress passes laws to raise revenues from taxation. It uses a 2-step process: authorization and appropriation.

6. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Functions of Congress The Budget Process After working with the Office of Management and Budget (OMB), the president presents his proposed budget to Congress in January. Congress considers it in the form of 13 spending bills devoted to different areas of government activity. Debate between the executive and legislative branches follows. The October 1 deadline is usually missed; Congress then must pass stopgap spending bills.

7. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Functions of Congress Interstate Commerce The power to regulate interstate commerce is found in Article I, Section 8 of the Constitution. It provides the basis for much of the legislation passed by Congress to control and regulate the economy. Foreign Affairs and Treaties Congress can tax and spend to provide national defense. The Senate has the power to give its “advice and consent,” by 2/3 vote, to treaties made by the president.

8. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Functions of Congress War Powers Resolution (1973):  Congress passed this act to limit the president and protect its own authority.  The president is to obtain the approval of Congress before using troops in combat situations.  The president must withdraw troops within 60 days if Congress does not agree to the deployment or declare war.  Yet presidents have continued to be assertive in their use of presidential powers in foreign affairs.  Obama claimed that his 2011 military involvement in Libya was not subject to central provisions of the War Powers Resolution.

9. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Functions of Congress Legislative Functions: Implied Powers The necessary and proper clause in Article I, Section 8 allows Congress “to make all laws which shall be necessary and proper for carrying into execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” This provision gives Congress a great deal of flexibility.

10. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Functions of Congress Representation Policy representation: Members of Congress seek to pass legislation that is in the best interests of their constituents. Casework: Service by members of Congress to help constituents in their dealings with governmental agencies. Congress members view this service as important to getting reelected.

11. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Functions of Congress Other Constitutional Functions Watchdog and Oversight Functions Congress oversees actions of the executive branch. Committees may conduct investigations of programs. Congress holds subpoena power: it can call witnesses to testify when there is a legitimate legislative purpose.

12. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Functions of Congress Appointments The Constitution gives the Senate the power to give its “advice and consent” in appointments by presidents. While formal rejections of nominees are unusual, Senate opposition may lead to the withdrawal of nominations.

13. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Functions of Congress Electoral Functions If no candidate for president wins a majority of the Electoral College, the House of Representatives selects from among the top 3 candidates. Similarly, if there is no vice presidential candidate with a majority, the Senate selects from among the top 2 contenders.

14. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Functions of Congress Vice Presidential Nominations and Presidential Disability The 25th Amendment grants Congress the ability to approve the president’s appointment of a replacement for vice president. The amendment also gives Congress a role in deciding whether the president is disabled and unable to perform the duties of the office.

15. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Functions of Congress Impeachment The House decides whether to levy charges against, or impeach, an official. The Senate conducts the trial. A 2/3 vote is necessary to convict and remove the official. Amendments to the Constitution Congress can propose amendments with a 2/3 vote in each chamber.

16. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Functions of Congress Disciplining and Expelling Members Article I, Section 5 states that Congress’s houses “shall be the judge of the Elections, Returns, and Qualifications of its own Members.” It also says: “Each House may... Punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member.”

17. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Congressional District Understanding the Congressional District

18. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Congressional District Reapportionment Seats in the House of Representatives must be reapportioned on the basis of new U.S. Census information every 10 years. After 2010, some states in the South and West gained; states in the East and Midwest lost seats. In most states, the legislature then redraws legislative district lines within the state to accommodate changes in the number of House seats and population shifts.

19. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Congressional District Gerrymandering: The division of a state, county, or city into voting districts in such a way as to give an unfair advantage to one party in elections. In some states’ legislatures, the 2 major parties agree to protect House incumbents, resulting in a reelection rate of more than 95%.

20. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Two Houses: Similarities and Differences Understanding the Two Houses: Similarities and Differences

21. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Two Houses: Similarities and Differences House Formal and impersonal Complex rules Speech is limited. Members campaign continuously. Members have narrower interests, since they represent districts. Senate Relatively informal Simpler rules Speech is unlimited. Members have longer terms and can pay more attention to legislation. Members have broader interests and represent statewide constituencies.

22. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Members of Congress To understand the members of Congress, we must examine:  Congressional Leadership  Senate Leadership

23. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Members of Congress Most are college educated and have worked in law, business, or banking. Women and minorities are underrepresented compared to their numbers in the general population.

24. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Members of Congress

25. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Members of Congress Congressional Leadership Speaker of the House: Presiding officer Nominated by majority party; formally elected by the entire chamber Recognizes members who wish to speak Interprets House rules Assigns bills to committees Appoints members to special and conference committees John Boehner (R-Ohio) was elected Speaker of the House after the Republicans gained control of the Senate in 2010.

26. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Members of Congress Senate Leadership President of the Senate: Vice president of the U.S. Presiding officer of the Senate Only votes if there is a tie President Pro Tempore: Elected by the majority party to preside in the absence of the President of the Senate Senate Majority Leader Harry Reid (D-Nevada)

27. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Members of Congress The Majority Leaders Senate Majority Leader: Is the main spokesperson for his or her party Schedules work of the Senate, with minority leader Is a weaker position than the Speaker of the House House Majority Leader: Serves as a spokesperson for his or her party Plans legislative strategy with the Speaker

28. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Members of Congress Minority Leaders: Serve as chief strategists for their party Critique the majority party’s position on issues Floor Whips: Are assistant floor leaders for their parties, in each chamber of Congress Encourage party-line voting Notify party leadership of expected votes of party members on bills

29. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Committee System To understand the committee system, we must examine:  Types of Committees  Committee Assignments  Committee Chairs  The Major Committees  The Legislative Bureaucracy

30. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Committee System Types of Committees Standing committee: A permanent committee with authority to consider bills in a specific area. The work on legislative proposals is done here. Most are divided into specialized subcommittees.

31. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Committee System

32. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Committee System Select (or special) committee: A committee created to do a specific job, such as conducting an investigation into a specific problem. Joint committee: A committee composed of members from both chambers of Congress, which has been created to address issues needing coordinated action. Most such committees are permanent. This type of committee is usually used for oversight or housekeeping functions.

33. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Committee System Conference committee: Composed of members from each house of Congress, a joint committee whose purpose is to create a compromise version of a bill passed by both houses in different forms. If a majority of members of the committee approve the compromise, a conference report is sent to the floor of each chamber for a vote. If it fails in either chamber, the bill dies.

34. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Committee System Committee Assignments Membership is divided among the 2 major parties in approximate proportion to the seats each party has in the entire chamber.

35. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Committee System Committee Chairs Early 1970s reforms: Reduced chairs’ power Increased the importance of subcommittees Chairs became selected by the party caucuses instead of being automatically awarded to most-senior committee members.

36. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Committee System The Major Committees Senate: Appropriations, Foreign Relations, Finance, Armed Services, and Budget are key committees. Average committee size is about 18. Each senator serves on about 10 committees and subcommittees.

37. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Committee System The Major Committees House: Rules, Ways and Means, Appropriations, and Budget are key committees. Average committee size is about 40. Each representative serves on about 5 committees and subcommittees.

38. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Committee System The Legislative Bureaucracy Committees have staff, who focus on legislative policy. From 1972 to 1994, committee staff and the personal staff of House and Senate members increased. Staff size was reduced after 1994.

39. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Legislative Process To understand the legislative process, we must examine:  The Introduction of a Bill  The Committee Stage  The Calendar  Floor Procedure  Presidential Approval or Disapproval

40. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Legislative Process Policy agenda: A list of proposals on problems that government officials are concerned with at a given time.

41. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Legislative Process

42. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Legislative Process The Introduction of a Bill Members of the majority party have a greater chance of getting a bill passed into law. The executive branch is the source of most major items of legislation.

43. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Legislative Process The Committee Stage Most bills proposed are set aside in committee and considered dead. A bill to be considered is assigned to the subcommittee with proper jurisdiction. Here it may be examined and public hearings held. The full committee may “mark up” the bill. If approved by majority vote in committee, the bill is sent to the entire chamber.

44. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Legislative Process The Calendar The bill is scheduled for debate in the appropriate chamber. If the bill is controversial, the Senate’s majority leader consults with the minority leader, the chair of the standing committee that reported the bill, and other senators. In the House, the bill is placed on the calendar, and the Rules Committee assigns it a rule. Rule: A special order, issued by the House Rules Committee, that determines when a bill will come up for debate and sets limits on the debate.

45. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Legislative Process Floor Procedure The House usually operates as a Committee of the Whole to consider a bill, which allows the chamber a lower threshold for quorum. In the Senate, the bill is considered in sequential order either as entered on the calendar or by: Unanimous-consent agreement: A procedure in the Senate used to establish the terms for considering a bill and to set limits on motions, amendments, and debate.

46. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Legislative Process Filibusters Filibuster: The use of extended speaking by a minority in the Senate to prevent the passage of a bill. A filibuster is ended by a cloture vote, which now requires a vote of 3/5, or 60 members, of the Senate.  Thirty more hours of debate are allowed.

47. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Legislative Process Presidential Approval or Disapproval If a bill passes both House and Senate, it is signed and sent to the president for his approval. He can sign or veto it. If the bill is vetoed, Congress can override the veto with a 2/3 vote in each chamber.