Under British, colonial assemblies chosen as advisory bodies to royal governors.
• Assemblies gradually assumed more power in each colony, gaining responsibility over taxation/spending.
• Continental Congress: gathering of selected legislators from 13 colonies
• Continental Congress became 1st American
Congress

1.
2.
3.
4.
5.
6.
Under ARTICLES
CONGRESS LACKED POWER TO:
After CONSTITUTION
8.
9.
10.
11.
12.
1.
2.
3.
4.
5.
6.
7.
TO CONGRESS HAD POWER TO :

Under ARTICLES
CONGRESS LACKED POWER TO:
After CONSTITUTION
TO CONGRESS HAD POWER TO :
1.
2.
3.
4.
5.
Provide for effective treaty-making power and control foreign relations
Compel states to meet military quotas; could not draft soldiers.
Regulate interstate and foreign commerce.
Collect taxes directly from people
Compel states to pay their share of government costs.
6.
Provide for a uniform currency; left up to states, and monies in circulation differed tremendously in value.
1.
Declare war and make peace.
2.
Enter into treaties and alliances.
3.
Establish and control armed forces.
4.
Requisition men and money from states.
5.
Borrow money and issue bills of credit.
6.
Fix uniform standards of weight and measurement.
7.
Create admiralty courts.
8.
Create postal system.
9.
Regulate Indian affairs.
10.
Guarantee citizens of each state rights and privileges of citizens in several states when in another state.
11.
Adjudicate disputes between states on state petition.
12.
Coin money (issue currency); states could not issue own currency

• Congress placed at center of government.
– Article I
• In early years, Congress held bulk of power.
• Today, presidency has become quite powerful particularly since FDR.
– Congress now generally responds to executive branch legislative proposals.

House
• 25 years old
• US Citizen for 7 years
• Resident of state you represent
Senate
• 30 years old
• US Citizen for 9 years
• Resident of state you represent

• Senators: 6 year term with 1/3 of seats up for reelection every 2 years .
• House: 2 year terms, must be re-elected every general election.
• NO LIMIT TO TERMS!

• Great Compromise: Created bicameral legislative branch
• Upper house: Senate, each state receives 2 representatives.
– 100 total
• Lower house: House of Representatives, apportioned by population.
– 435 total

Congressional approval ratings hit an all-time low in the Summer of
2012 (10%).

Critical Thinking
Compare the
Information
You Can
Draw from the
Two House Maps

Critical Thinking 2
Compare the
Information
You Can
Draw from the
Three Maps

•2001 GA
Redistricting Map
•Found to be unconstitutional

This was prior to redistricting following the 2010 census

th

• Drawing district lines that gives unfair advantage to one group over another.
• Named for Elbridge Gerry, former Governor of
Massachusetts
• Mixture of word salamander and
Governor Gerry’s name
• Often drew legislative/district lines to benefit friends

The Original “Gerrymandered” District

• Constitution requires all Americans be counted every 10 years by census.
• Census determines allotment of seats in House
• Redistricting ( redrawing of congressional districts to reflect changes in population shifts ) done by state legislatures
– Gerrymandering often struck down by courts.

• 2012: 90% of House members won reelection
• 2012: 91% of Senate members won reelection
• Senate reelection rates tend to be lower than that of House
(2012 seen as somewhat unusual)
• Advantages
– Greater name recognition
– Easier to raise money; about 75% of contributions goes to incumbents
– Credit claiming which increases victory of margin
– Discourages challengers
– Franking- free mail to constituents
• Disadvantages
– Voters more likely to vote for person NOT party
– Challengers with deep pockets

• Every 2 years, new Congress is seated.
– 113 th currently in session
• Congress opens each new session in January after election day
– 1 st order of business is election of leaders, adoption of new rules.
• Both houses of Congress organized
for both leadership and committee purposes.
– CONGRESS—VERY PARTISAN!

Key Differences Between Houses
Found in Constitution
House
• Initiate revenue, budget, and appropriation bills-
$$$$
• All money bills start in
House
• Impeaches president
• Selects President in case no majority winner in electoral college
Senate
• Offers “ advise and consent ” for presidential nominees by confirming presidential appointments of federal judges, Supreme
Court justices, heads of departments and agencies, and ambassadors
• Convicts president AFTER impeachment in House

Other Important Differences Between
Two Houses
House
• Formal • Foreign policy experts
• Many rules
• Rules Committee very powerful
• Relaxed
• Less rules (filibuster allowed)
• “Germaneness” requirement for bills
• Become specialists in 1 major area
• Speaker extremely powerful
• No Rules Committee
• Senators become generalists and become ‘experts’ in several key areas
• Senate “holds” on bills
• Unanimous consent
agreements to ease bill passage

• Minority party tactic to “talk a bill to death”
• Only allowed in Senate
– Dutch word meaning “pirate”
• Under Senate rules, speech need not be relevant to topic under discussion
– Cases where senator read from phone book
• To stop filibuster or apply cloture:
– 16 Senators must sign a petition
– 60 votes to end debate

•
‘Taking to the diaper ,’ referred to
“preparation” before filibuster
• Longest filibuster on record
– 1957 Sen. Strom Thurmond talked for 24 hours and 18 minutes in attempt to kill civil rights bill
– Thurmond visited steam room before filibuster to dehydrate so he could drink without urinating.
– Aide stood by with a pail in case of emergency
– Bill passed less than 2 hours later, 62-15.
– Thurmond succeeded in shattering previous record set by Sen. Wayne Morse,
D-Ore., in 1953 of 22 hours and 26

Sometimes things can get a bit heated in Congress. In this audio clip, you will hear two Congressmen, Patrick Kennedy (D – RI) and
Gerald Solomon (R – NY), arguing on the House floor in 1996 over the repeal of the “assault weapons ban.” Solomon has since retired and is now deceased.

• Real work done by committees
& subcommittees
• Committees historically been of same ratio of party members as each house
• Ratio of committee assignments ratio SHOULD be same as ratio in entire House/Senate
– 109 th Congressional committees did not reflect this
– Committees dominated by
Republicans who were appointed by Republican leadership

• House has 4 types of committees
• Standing (or permanent) committees
• Special (or select) committees
• Joint and conference committees
• Committee of the Whole

• “Permanent” House panels identified in House Rule
X, which also lists jurisdiction of each committee.
• Have legislative jurisdiction: standing committees
consider bills/issues and recommend measures for consideration by full House.
– Have oversight responsibility to monitor agencies, programs, and activities within their jurisdictions

• Have issue-specific jurisdictions, functions and responsibilities set forth in House Rules.
• Frequently created for finite time period.

Standing Committees
Committee on Agriculture
* Committee on Appropriations (projects)
Committee on Armed Services
* Committee on the Budget
Committee on Education and the Workforce
Committee on Energy and Commerce
Committee on Financial Services
Committee on Government Reform
Committee on Homeland Security
Committee on House Administration
Committee on International Relations
Committee on the Judiciary
Committee on Resources
* Committee on Rules (runs the House)
Committee on Science
Committee on Small Business
Committee on Standards of Official Conduct
Committee on Transportation and
Infrastructure
Committee on Veterans' Affairs
* Committee on Ways and Means (taxes)
Special, Select, and Other
House Permanent
Select Committee on Intelligence
Select Bipartisan Committee to
Investigate the Preparation for and Response to Hurricane
Katrina
•
Joint
Joint Economic Committee
Joint Committee on Printing
Joint Committee on Taxation

• Most important committee composed of all
House Members
• Created to expedite consideration of bills
• Quorum is 100 Members (as compared to 218 in the House) and debate on amendments conducted under 5-minute rule following general debate.
• Debates over details of legislation almost always conducted when House sitting as Committee of the
Whole, which reports its legislation, with any amendments, to House for an up/down vote.

• 3 types of committees
• Standing committees
• Select (or special) committees
• Joint and conference committees

• Permanent bodies with specific responsibilities spelled out in Senate's official rules.
• Senate committees divided, according to relative importance, into 3 categories
• Class A, Class B, and Class C.
– Senators limited to service on 2 Class A committees and 1
Class B committee.
– Assignment to Class C committees made without reference to member's service on any other panels.

• Fall into either Class B or Class C category.
• Created for clearly specified purposes
• Now considered permanent, though not initially
– Special investigating committees, such as 1973
Select Committee to Investigate Presidential
Campaign Activities (Watergate Committee), expire after they submit final report to
Senate.

•
Standing Committees
Agriculture, Nutrition, and Forestry
* Appropriations (projects)
Armed Services
Banking, Housing, and Urban Affairs
Budget
Commerce, Science, and Transportation
Energy and Natural Resources
Environment and Public Works
* Finance (money)
* Foreign Relations (treaties)
Health, Education, Labor, and Pensions
Homeland Security and Governmental
Affairs
* Judiciary (approves judges)
Rules and Administration
Small Business and Entrepreneurship
Veterans Affairs
•
Special, Select, and Other
Indian Affairs
Select Committee on Ethics
Select Committee on
Intelligence
Special Committee on Aging
• Joint
Joint Committee on Printing
Joint Committee on Taxation
Joint Committee on the
Library
Joint Economic Committee

Former President Pro Temp
Ted Stevens (R-AK) and his $223 Million dollar
“Bridge to Nowhere”
And his $500K
“Salmon -ThirtySalmon ”
Two Pork Barrel-
Earmarks for Alaska

• Composed of Members from both House and
Senate.
• Most important job of joint/conference
committee is to smooth out differences between versions of same bill before it goes to
President for signature

• Most important constitutional power of Congress:
– Shared by House and Senate.
• Bill must be passed by both houses

• Anyone can write a bill
– Only member of House/Senate may introduce bill.
• Bill must survive 3 stages:
1. Committees
2. The floor
3. The conference committee.
• Over 9,000 bills proposed and fewer than 5 to
10% enacted.
• Bill can die at any stage, MOST DO!

How a Bill Becomes a Law
The Process:
1.
Introduced to House
(or Senate)
2.
Assigned to committee by Leader or Speaker
3.
Assigned to subcommittee-
-Most bills die in committee
(Bill Goes to Rules
Committee in House only)
4. Returns to floor with report by committee
-Debate of bill
5. Passes or fails on floor
6. On to other body with same schedule
7 . If both houses pass bill, they are likely different versions so the 2 bills go to
-Conference Committee
8. If the Conference Committee agrees then the new bill goes to both Houses for one final approval
-Many bills die here, too!
9. But…if both chambers approve it goes to the
President
10. He can
-Sign it into law
-Let it become law (if Congress is in session)
-Veto it
-Pocket veto (if Congress is not in session)
11. Congress can override presidential veto with a
2/3 vote of each house

Congress

• Gathering of all members of each party in each house of Congress
• Responsibilities
– Select party leaders
– Assign party members to committees
– Set policy goals

th

th
House
•Republicans 233
•Democrats 199
(3 vacancies currently)
Senate
Democratic Party 53*
*Independents Angus King- Maine and
Bernie Sanders- Vermont both caucus with the Democrats
Republican Party 45

Congressional Leadership Offices to Know
•For Unit Test- What do they do? What are the official jobs of each leadership position?)
•For Quiz- Who are they?-Who holds these positions in the
113 th ?? (14 people)
• Speaker of the House
• House Majority Leader
• House Majority Whip
• House Minority
Leader
• House Minority Whip
•President of the Senate
•President Pro Tempore of the Senate
•Senate Majority Leader
•Senate Majority Whip
•Senate Minority Leader
•Senate Minority Whip
+ Georgia’s 2 Senators and 1 Congressman

• John Boehner
• (R-Ohio)
• born 1949
• House since 1990
• Selected for position in
January 2011
• (Former Minority
Leader AND
Majority Leader)

• Principal leader of House
• Typically will
– (1) preside over daily sessions of House
– (2) preserve order in chamber
– (3) state parliamentary motions
– (4) rule on parliamentary questions
– (5) appoint committee chairs and members
– (6) refer bills to committee
– (7) sign legislation, writs and warrants
– (8) act as official spokesman for House

• Rep. Kevin McCarthy
• Represents California
22 nd District
• Born 1965
• First elected in 2007

• Role been defined by history and tradition.
– Schedules legislation for floor consideration
– Plans daily, weekly, and annual legislative agendas
– Consults with Members to gauge party sentiment
– Works to advance goals of majority party

• Steve Scalise
• R- Louisiana
• Elected in 2008

– (1) assist floor leader
– (2) ensure member attendance
– (3) count votes
– (4) generally communicate majority position

• Nancy Pelosi
• (D-CA)
• born 1940
• House since 1987

• Principal leader of minority caucus.
• Responsible for
– (1) developing minority position
– (2) negotiating with majority party
– (3) directing minority caucus activities on chamber floor
– (4) leading debate for minority

• Steny Hoyer
• (D-MD)
• born 1939
• House since 1981

– (1) assist minority leader on floor
– (2) count votes
– (3) ensure attendance of minority party members

• Vice-President
Joe Biden
• Democrat
• Born 1942
• Formerly a
Senator from DE
– Served 6 terms

• VP is President of Senate.
• Non-voting member unless vote of
Senate ends in a tie, in which case VP casts deciding vote.
– Constitution understands VP will not always be available and provides for President pro tempore (literally, temporary president)

• Sen. Patrick Leahy
• D-Vermont
• Born 1940
• Been in Senate since
1975

• Elected by Senate
– By custom, most senior senator in majority party
– Primarily honorary, does not carry significant political power

• Harry Reid
• (D-NV)
• born 1939
• Senate since 1987

• Leads majority party in Senate
• Manages and schedules legislative and executive business of Senate
• In practice Senate Majority leader highly influential figure, usually has great deal of power over what legislation is approved by Senate.
– Has authority over other officials such as
Senate whips and floor leaders

• Dick Durbin
• (D-IL)
• born 1944
• Senate since
1997

• 2 nd ranking member of Senate
• Main function of Majority Whip is to gather votes on major issues.

• Mitch McConnell
• (R-KY)
• born 1942
• Senate since
1985

• Elected as leader of minority party
– Serves as chief Senate spokesperson for party
• Helps to manage and schedule legislative and executive business of Senate.

• John Cornyn
• ( R)Texas
• Born 1952
• Senate since 2002

• 4 th ranking member of Senate
• Main function: gather votes on major issues among members of minority party.

th
• Tom Price- R
• Elected in 2004
• Former State Senator
• Physician

• Saxby
Chambliss- R
• Elected 2002
• Former member of
House
• Businessman and lawyer

• Johnny
Isakson-R
• Elected 2004
• Former member of House
• Real Estate
Broker

9- Republican and 5-Democrats
1. Jack Kingston (R)
2. Sanford Bishop (D)
3. Lynn Westmoreland (R)
4. Hank Johnson (D)
5. John Lewis (D)
6. Tom Price (R)
7. Rob Woodall (R)
8. Austin Scott(R)
9. Doug Collins(R)
10. Paul Broun, Jr. (R)
11. Phil Gingrey (R)
12. John Barrow (D)
13. David Scott (D)
14. Tom Graves (R)

Amendments and Acts
•16th Amendment
•17 th Amendment
•Tonkin Gulf Resolution
•War Powers Act
•
•
•
•
•
•
Supreme Ct. Cases
Dred Scott v Sandford * only new case
• Shaw v Reno
• Miller v Johnson
Baker v Carr
Buckley v Valeo
Gibbons v. Ogden
Marbury v Madison
Heart of Atlanta Motel v US
•Congressional Budget and Impoundment Act

•
• Gave Congress power to tax income on federal level
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration .

• In past, Senators APPOINTED by state legislatures
• 17 th Amendment allowed American citizens to vote for their 2 senators
– The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

• Congressional resolution passed in 1964 that authorized military action in Southeast Asia.
– Officially started Vietnam War/Conflict for US
• Congress gave president powers beyond those found in Article II
• Resolution replaced by War Powers Act
(Resolution) in 1973

• Restricted power of president
– Requires president to consult with Congress prior to start of any hostilities and regularly until U.S. armed forces are no longer engaged in hostilities
– Required president to remove U.S. armed forces from hostilities if Congress has not declared war/passed resolution authorizing use of force within 60 days
– Following an official request by President to Congress, time limit can be extended by additional 30 days

• CBIA1974
• Denied president right to refuse to spend
money authorized by Congress

• Facts of Case
– Dred Scott was slave in Missouri. From 1833 to
1843, resided in Illinois (free state) and in area of
LA Territory, where slavery was forbidden by
Missouri Compromise of 1820.
– After returning to Missouri, Scott sued unsuccessfully in Missouri courts for freedom, claiming his residence in free territory made him free man.
– Scott then brought new suit in federal court. Scott's master maintained no pure-blooded Negro of
African descent and descendant of slaves could be citizen in sense of Article III of Constitution.
• Question Presented
– Was Dred Scott free or slave?

Chief Justice Roger B. Taney
– Court ruled Dred Scott was a slave, and no one but citizen could be a resident of
state, only Congress could confer national citizenship.
– Upheld idea that no person descended from an American slave had ever been citizen
– Court declared that Missouri
Compromise unconstitutional, hoping to end slavery question once and for all.