CONGRESS IN ACTION
EXPULSION OF MEMBERS OF CONGRESS
“EACH HOUSE MAY DETERMINE THE RULES OF ITS PROCEEDINGS,
PUNISH ITS MEMBERS FOR DISORDERLY BEHAVIOUR, AND, WITH THE
CONCURRENCE OF TWO THIRDS, EXPEL A MEMBER.”
• Expulsions
• Requires vote of 2/3 of
members present
• Has been used cautiously
• Senate – 15 members (14
during Civil War)
• House of Representatives –
5 members (3 during Civil
War)
• Standing committees
on ethics
• Senate – 1964
• House of Representatives
– 1967
• Disciplinary action is
recommended and
voted on by whole of
House or Senate
• Options: Censure,
Expulsion, Reprimand
(House)
• Censure
• Formal statement of
disapproval
• Condemned/Denounced
for actions that have
resulted in dishonor being
brought on position
POWERS OF CONGRESS
STRICT CONSTRUCTIONIST
LIBERAL CONSTRUCTIONIST
• Led by Thomas Jefferson
• Led by Alexander Hamilton
• Congress should be able
exercise only
• Country needs an
“energetic government”
• expressed powers
• implied powers that are
absolutely necessary
Best government is one which
governs least
• What factors have led to an
expansion of government
power through the use of a
liberal constructionist view?
• Wars
• Economic Crises
• National emergencies
CONGRESS HAS THE POWER TO:
• Lay and Collect Taxes (“power of the purse”)
• Purposes:
• Pay debts
• Provide for the common defense and general welfare
• Borrow Money
• Issuing of Bonds
• Regulate Commerce with foreign Nations, and
among the several states, and with the Indian tribes
• All movement of people and things across state lines
• Includes communication
• Pass environmental protections or consumer protections
CONGRESS HAS THE POWER TO:
• Establish Uniform Rule of Naturalization
• Process of becoming a citizen
• Coin Money and Regulate its Value
• What agency was created by Congress in order to regulate the
nation’s money supply?
• Establish Post Offices
• Postal service pays no state taxes
• Obstruction of postal service is federal crime
• Copyright and Patent Protection
• Copyright – life of author + 70 years
• Patent – 20 years
• Create Lower (Inferior) Courts and Set Jurisdictions/Duties
CONGRESS HAS THE POWER TO:
• War Powers
• Declare War
• Raise and Support Armies
• Provide and Maintain a Navy
• Provide for Calling Forth of a Militia
• Make Laws “necessary and proper for carrying into
Execution the foregoing Powers”
• Elastic Clause
• Enables Congress to also enact legislation necessary for the
carrying out of the powers of the other branches
CONGRESS HAS THE POWER TO:
HOUSE OF REPRESENTATIVES
• Initiate revenue bills
• Elect President in the
case of electoral
college tie
SENATE
• Confirm Presidential
appointments
• Majority vote required
• Ratifies treaties
• 2/3 majority vote required
• Impeach federal
officials
• Tries impeachment cases
for federal officials
GERRYMANDERING
• Congressional districts drawn to the
advantage of a political party
• Party that controls the state legislature
• House districts are redrawn by state
legislatures after a census-based
reapportionment
• Origin:
• Governor Gerry (Mass)
• In 1812, drew legislative districts to favor
Democratic-Republicans
• Factors that affect redistricting
• Age, Race, Economic status, Party
affiliation, Religion, etc.
THE LEGISLATIVE PROCESS
• Step 1:
• INTRODUCTION OF BILL
• Anyone can write a bill
• Only a member of Congress may introduce a bill
• House of Representatives
• New bills are dropped in the “hopper”
• Senate
• Bills are given to clerks to be introduced
THE LEGISLATIVE PROCESS
• Step 2:
• BILL IN COMMITTEE
• Committees change with each new Congress
• Senate
• 20 Standing Committees
• 4 Select/Special Committees – study issues, conduct oversight,
investigate fraud or waste
http://www.senate.gov/pagelayout
• Indian Affairs, Ethics, Intelligence, Aging
• 68 Subcommittees
/committees/d_three_sections_with_
teasers/committees_home.htm
• House of Representatives
• 21 Standing Committees
• 104 Subcommittees
http://house.gov/committees/
LEGISLATIVE PROCESS
• Step 2 cont’d:
• Bill is first considered in a subcommittee
• Accepted, Amended, or Rejected
• If moved forward, bill then goes to full committee
• Accepted, Amended, or Rejected
• Committees and Subcommittees investigate merits and flaws
of bills by:
• Inviting experts, advocates, opponents
• Provide testimony
• Can be subpoenaed
• Approval in full committee results in the bill being reported to
floor of House or Senate
THE LEGISLATIVE PROCESS
• Step 3:
• BILL ON THE FLOOR
• Majority leadership – decides when bill will go on calendar
for consideration
• Debate Process:
• House of Representatives
• Members get only a few minutes to speak
• Amendments to the bill are limited
• Senate
• Members can speak as long as they would like
• Have ability to “filibuster” bills
• No limit on amendments
• Vote of simple majority needed to pass bill
THE LEGISLATIVE PROCESS
• Step 4:
• BILL GOES TO OTHER HOUSE OF CONGRESS FOR APPROVAL
• Same process
• Bill must pass both houses of Congress before it goes to President for
consideration
• Step 5:
• CONFERENCE COMMITTEE
• Consists of members from both houses
• Convened to bring bills into alignment
• Produce a conference report – final version of bill
• Each chamber votes again on conference report
• If approved, bill is signed by the Speaker of the House and the
President of the Senate
• Bill is then sent to the President
THE LEGISLATIVE PROCESS
• Step 6:
• PRESIDENTIAL CONSIDERATION
• President’s Options:
1. Sign the bill into law
2. Veto the bill and send it back to Congress
• Congress can override with 2/3 vote in both houses
3. Take NO action
• IF CONGRESS IS IN SESSION - Bill becomes law in 10 days
• IF CONGRESS IS NOT IN SESSION – Bill dies
• Congress cannot override; Must start all over
COMMITTEES
• Standing Committee
• Permanent committees that specialize in a
particular area of legislation
• Most legislative work takes place within these
committees
• Average number of members
• Senate – 20 members; House – 40 members
• Committee membership reflects party proportions
• Joint Committee
• Made up of members of both House and Senate
• Usually weaker than standing committees
• More investigative in nature
• Often lack authority to report legislation
COMMITTEES CONT’D
• Special/Select Committee
• Temporary committee created for specific purpose
• Ex. - Watergate scandal
• Conference Committee
• Also a temporary committee
• Job is to work out differences between House and
Senate versions of a specific bill
• Members are taken from both House and Senate
• Individuals who were involved in committees and
subcommittees
BILLS AND RESOLUTIONS
• Bill - Proposed law
• Resolution (act or process of resolving)
• Deals with matter in one house of Congress
• Ex. – new rule of procedure
• No force of law
• Joint Resolution
• Proposal for action that has force of law
• Usually for special circumstances or temporary matters (emergency)
• Submitted just like a bill
• Except for proposal of constitutional amendments
• Concurrent Resolution
• Statement of position on issue (adopted by House and Senate)
• For creation of joint committee
• No force of law
• Ex. - Congressional budget resolution; Adjournment of Congress
FILIBUSTER FACTS
• The filibuster is an attempt
to…
“talk a bill to death”
• Longest:
• Strom Thurmond - 1957
• 24 hours, 18 minutes
• Minority attempting to
delay or prevent the Senate
from acting (voting) on a
measure
• Alfonse D’Amato - 1986
• Requirements:
• Robert LaFollette - 1908
• Must stay standing
• Must speak more or less
continuously
• May yield the floor for a
question
• 23 hours, 30 minutes
• Wayne Morse - 1953
• 22 hours, 26 minutes
• 18 hours, 23 minutes
• William Proxmire - 1981
• 16 hours, 12 minutes
CLOTURE RULE
SENATE RULE XXII
• Cloture – limiting of debate
• Rule established in 1917 after blockage of bill arming merchant
vessels
• Process:
• Petition submitted at least 16 members
• Support of at least 3/5 of entire Senate (60 members)
• Once passed, no more than 30 hours of floor time may be spent
on measure
• Senators are hesitant in using rule
• Dedication to free debate
• They may want to use the filibuster in the future
QUORUM CALLS
• Another method of extending debate
• Quorum - # of senators needed to do
business
• Constitution requires a majority of senators for a
quorum
• Quorum call – call of roll to establish whether
quorum exists
PASSAGE OF BILLS
• Bills usually deal with a single issue
• “Riders” are attached
• Provision unlikely to pass on its own
• A majority of bills introduced are “pigeonholed”
• Put away and never acted upon – die in committee
• Any bill that has remained in committee for 30 days
may be forced out by discharge petition
• Motion must be signed by majority of House (218 members)
PASSAGE OF BILLS
• Types of Votes:
• Voice vote
• Presiding officer states question
• Members vote “yea” or “nay”
• Names not recorded
• Standing vote
• All for and against stand to be
counted
• Roll call vote
• Senator votes “yea” or “nay” as
his/her name is called by the
clerk
• Names of voters are recorded
• Process has been computerized
• Actions of
Representatives:
• Partisans
• First allegiance is to party
• Follow wishes of party leaders
• Trustees
• Consider each issue
independently
• “Call it as I see it”
• Delegates
• Servants of those that
elected them