Ch. 6
The Legislative Branch
How Congress is Organized
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The Framers of the Constitution intended for the
legislative branch to be the most powerful
branch of government.
James Madison described it as the “First Branch
of this Government.”
535 total members of Congress
- 100 U.S. Senators
- 435 U.S. House of Representatives
How Congress is Organized
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Each term of Congress starts January 3 of oddnumbered years and lasts two years. Each term
has two sessions.
Each Congress is given a # to identify itself:
2011 was the 112th Congress of the U.S.; 2013
will be the 113th. 2015…???
Typically a session of Congress runs from
January-November/December but…
How Congress is Organized
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Congress can hold special sessions in
times of crisis.
Joint sessions can be called when both
houses of Congress meet together, such
as for the president’s State of the Union
address
How Congress is Organized
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Remember what the Great Compromise
established…
Bicameral legislature, or two part law
making body (Senate and House)
House of Representatives has 435 voting
members, allotted to the states by
population.
How Congress is Organized
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After each census, or population count taken every 10
years, Congress adjusts the number of representatives
given to each state.
States are divided into districts, with one representative
elected from each district.
The states draw districts to include roughly the same
number of constituents, or people represented.
Each state is entitled to one seat no matter how small
the population
How Congress is Organized
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Some members of both political parties
abuse the process by drawing a
gerrymander, or oddly shaped district
designed to increase the voting strength
of a particular group.
House of Representatives/Senate
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House members mainly focus on the concerns of their
district so they can be closer to the people than the
Senate; up for re-election every two years.
The Senate has 100 members – two from each state.
(equal representation)
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Senators represent their entire states.
Serve 6 year terms; elections are staggered to ensure
stability; no more than 1/3 of the senators are up for reelection at any one time.
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Ensures stability and continuity.
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Congressional Leadership
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In both houses, the political party to
which more than half the members belong
is the majority party.
The other party is the minority party.
Party members choose their leaders at the
beginning of each term to direct their
activities.
Congressional Leadership
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The Speaker of the House is the most powerful leader
in the House of Representatives, Congress; Senate has
no leader with comparative power.
The Speaker will always belong to the majority party; in
charge of steering legislation; in charge of floor debates
and influences most House business.
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The Speaker is an experienced member of the majority
party; must be legally qualified
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If something happens to the President of the U.S. and
Vice President, the Speaker would become President.
Congressional Leadership
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The leader of the Senate is technically the Vice
President, who rarely attends and votes only in
the case of a tie.
The person who actually acts as chairperson is
the president pro tempore.
The majority party fills this mostly ceremonial
position.
Congressional Leadership
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Besides the Speaker of the House, both
parties have powerful floor leaders who
try to make sure the laws passes are in
the best interest of their own party.
Speak on behalf of their parties on the
issues and try to sway votes of other
Congressional members
Congressional Leadership
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Party “Whips” also play an important role.
Help by keeping track of where their party
members stand on proposed legislation
and are responsible for “rounding” them
up for key votes.
Committees
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The detailed work of lawmaking is done in
committees.
Work has to be divided among smaller
groups or few laws would be considered
or voted on.
Committees can be permanent or
temporary depending on the situation
Committees
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Each house has permanent standing
committees that continue to work from session
to session.
Most are divided into smaller subcommittees
that deal with specialized issues
Senate has 17 standing committees; House has
19.
Committees
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Both houses have select committees
that are created to do a special job for a
limited time period.
After completing their task, they will
disband.
Ex. Investigation into the assassinations
of JFK and Martin Luther King Jr. (1976)
Committees
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Joint Committees are permanent
committees that include members of both
houses of Congress.
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Deal with issues of the highest priority
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Ex. Joint economic committee
Committees
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Temporary Conference Committees are created in
case help is needed between the House and the Senate
when it comes to agreeing on the details of a proposed
law.
Members of Congress try to get assigned to important
committees that affect the people who elect them.
Party leaders make committee assignments based on
members preferences, expertise, party loyalty, and
seniority, or years of service.
Committees
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Members with the most seniority usually
get the preferred committee spots.
The longest serving committee member
from the majority party usually becomes
chairperson of the committee.
Chairpersons of standing committees are
the most powerful members of congress.
The Powers of Congress: Ch. 6.2
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Article I, section 8 of the U.S. Constitution lists
Congress’s specific or expressed powers.
Clause 18 gives Congress implied powers (not stated
explicitly) to do whatever is “necessary and proper” to
carry out the expressed powers.
Clause 18 is often called the elastic clause because it
allows Congress to stretch its powers to meet new
needs.
Ex. McCulloch v. Maryland
Legislative Powers
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Taxing and Spending
Congress has the power to collect taxes to pay
for government and its services.
The Framers thought that the House should
impose taxes because it was closest to the
people.
All tax bills must start in the House of
Representatives and be approved by the Senate.
Legislative Powers
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Congress spends money by means of a two-step
process.
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Authorization Bills create projects and set an
amount to be spent on them.
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Appropriations Bills actually provide the
money for each program
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Congress must approve all government
spending
Legislative Powers
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Regulating Commerce
Article I, Section 8, Clause 3, the
“commerce clause,” gives Congress the
power to regulate foreign and interstate
commerce.
Laws dealing with air traffic, television,
and air pollution are all based on this
clause.
Legislative Powers
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Foreign Relations and Treaties
Only Congress can declare war.
Congress has the power to create,
maintain, and oversee an army and navy.
The Senate must approve all treaties with
foreign countries. President can make,
Senate must approve
Non-Legislative Powers
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Propose Constitutional Amendments, Count
Electoral Votes, Succession
Congress has powers not related to making laws.
2/3 vote of House and Senate will propose a
Constitutional Amendment
It counts electoral votes in presidential elections
If no one receives a majority (270), the House picks the
president and the Senate picks the Vice President.
Non-Legislative Powers
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If a president dies, resigns, or is too ill to
serve, Congress will have the final say on
the matter.
Congress has the power to check the
other branches of government
Non-Legislative Powers
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The Senate can approve or reject the
president’s nominations for jobs such as
- Supreme Court Justices
- federal judges
- ambassadors
The House may impeach, or accuse officials of
misconduct. If a majority of House members
vote to impeach, the matter goes to the Senate
Non-Legislative Powers
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A 2/3 vote in the Senate is required for expulsion, or removing the
person from office.
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Congress has taken on the role of overseeing government activities.
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Standing committees review how well the executive branch has put
laws into practice.
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Congress conducts special investigations that may lead to criminal
charges or new laws to deal with the problem.
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Ex. 1973-1974 Watergate Scandal investigation or 1986 Iran Contra
Affair
Limits on Power
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The Constitution imposes limits on
Congress.
It may not pass laws that violate the Bill of
Rights
Article I says that Congress may not favor
one state over another, tax interstate
commerce, or tax exports
Limits on Power
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Congress cannot suspend the writ of
habeas corpus. This is a court order
that requires police to explain the legality
of why they are holding a suspect.
Congress may not pass bills of
attainder, or laws that punish a person
without a jury trial.
Limits on Power
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Congress may not pass ex post facto laws that make
an act a crime after the act has been committed or make
punishments harsher after laws have been changed.
Congress may not interfere with powers reserved for the
states.
Other branches can check the power of Congress:
President – Veto laws
Supreme Court – declare laws unconstitutional
Representing the People: Ch. 6.3
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Both Senators and members of the House must live in the state they
represent.
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House members usually live in their districts, but are not required to
do so.
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Senators:
- must be at least 30
- U.S. citizen for at least 9 years
House:
- must be at least 25
- U.S. citizen for at least 7 years
Requirements and Benefits
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Most members of Congress have college
degrees; more than half have a
background in law.
Most are very active when it comes to
community organizations and have
probably held state and local offices
beforehand.
Requirements and Benefits
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Congressional members receive a salary around
$170,000/year
Other perks of the job:
- free office space
- paid trips to and from their home state
- low cost life insurance
- use of special gymnasium, restaurants, and
medical clinics
- franking privilege, free job related mail.
Requirements and Benefits
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The U.S. Constitution also grants senators
and representatives immunity, or legal
protection – in some situations. (excluding
an arrest for treason, breach of the peace,
or a felony); exempted from arrest or
interrogation for any speech or debate
entered into during a legislative session
They may not willfully break the law.
Congressional Staff and Support
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A Congressman’s personal staff run the offices. (Clerks,
Secretaries, and special assistants)
Responsible for gathering information on issues, arrange
meetings, and writing speeches.
Handle requests from voters, deal with reporters, and
handle lobbyists – people hired by private groups to
influence government decision makers.
Works for the Congressman’s reelection
Congressional Staff and Support
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Members of Congress hire students from
their home states or districts to serve as
interns and pages.
Interns help with research and office
duties; pages deliver messages during
session and run other errands.
Congressional Staff and Support
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Senate and House committee staffs
generally have expert knowledge about
special topics, such as taxation,
agriculture, and national defense.
They are also responsible for drafting bills,
gathering information, organizing
committee hearings, and negotiating with
lobbyists.
Members of Congress at Work
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1.
Remember, Congressional sessions begin
each January 3. In representing the
people who elected them, members of
Congress carry out 3 major jobs:
Make Laws
- introduce bills, work on committees,
listen to input for and against bills, and
then vote.
Members of Congress at Work
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Case Work
- Congressmen troubleshoot for people from
their home district or state who request help in
dealing with the federal government
- members get thousands of letters and emails everyday. Most requests are handled by
staff, sometimes though Congressional
members must step in.
Members of Congress at Work
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Helping the District or State
- Congress members protect the interests of
their state or district
- a senator from a state with strong coal
industries might seek to influence coal mining
and environmental policies.
- members also work to gain a share of
national government spending for their
constituents.
Members of Congress at Work
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A government contract can bring a lot of
money to local businesses and jobs for
local people.
Government projects and grants that
primarily benefit the home district or state
are called pork-barrel projects
How a Bill Becomes a Law: Ch.
6.4
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Of the more than 10,000 bills introduced each
congressional term, only several hundred
become law.
Bills fall into 2 categories:
- private bills – concern individual people or
places
- public bills – apply to the entire nation and
involve general matters like taxation, civil rights,
or terrorism; affect the entire country as a
whole.
Types of Bills
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Congress also considers different kinds of resolutions, or
formal statements expressing lawmakers’ opinions or
decisions
Many resolutions do not have the force of law
Joint resolutions are passed by both houses of
Congress and do become law if signed by the president
Ex. Creating a new congressional committee, permitting
a ceremony in the Capitol, proposals for Constitutional
amendments
From Bill to Law
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Ideas for bills come from members of
Congress, regular citizens, and the White
House. Basically anyone.
Other bills are suggested by specialinterest groups, or organizations of
people with some common interest who
try to influence government decisions
From Bill to Law
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Only senators and representatives may
introduce bills in Congress.
Every bill that is drafted is given a title and
number, and is then sent to an appropriate
standing committee where a qualified person or
people handle and study it.
Ex. Senate bill S. 427 House bill H.R. 345
From Bill to Law
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The standing committee chairperson then
decides which bills get ignored and which get
studied.
Those bills that merit attention are often
researched by a subcommittee.
Experts and citizens may voice opinions about a
bill in public hearings or written statements
From Bill to Law
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Standing committees can do a few things with a bill:
1. pass the bill without change
2. mark changes and suggest that the bill
be passed.
3. replace the bill with an alternative
4. pigeonhole the bill (ignore it and let it
die
5. kill the bill by majority vote.
When a committee is against a bill, it almost never
becomes a law; bills seldom make it past this point.
From Bill to Law
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Bills approved in committee are put on the
schedules to be considered by the full House or
Senate.
When it comes to bills being introduced, the
Senate usually takes them in order.
In the House, the Rules Committee can give
priority to some bills and not let others get to
the floor.
From Bill to Law
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When a bill reaches the floor, members
debate the pros and cons.
The House accepts only relevant
amendments
The Senate allows riders – completely
unrelated amendments – to be tacked
onto a bill.
From Bill to Law
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The House Rules Committee puts time limits on the
discussion.
The Senate allows members to speak as long as they
like and need not even address the topic at hand.
Sometimes they filibuster, or talk a bill to death.
A three-fifths vote for cloture can end a filibuster.
No one is then allowed to talk for more than 1 hour
From Bill to Law
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When it comes to the actual voting on a
bill, a simple majority is all that is
needed
Different ways of voting may include:
- voice voting
- standing vote
- roll-call vote
From Bill to Law
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If a bill passes in one house of Congress, the bill then
goes to the other.
If either house rejects the bill, it dies
Both houses must pass an identical bill; if it passes
through the Senate, it must pass through the House of
Rep.
If either side changes the bill it receives from the other
house, a conference committee is formed to work out
the differences.
From Bill to Law
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In the Conference Committee, members of
the House and Senate must then either
accept the revisions to the bill as is or
completely reject it.
After a bill passes both houses, it will then
go to the president.
From Bill to Law
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The president has three options if the bill makes
it to him:
- sign it into law
- veto (refuse to sign it)
- do nothing for 10 days.
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If Congress is in session, the bill becomes law
without the president’ signature
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If Congress had adjourned, the bill dies
From Bill to Law
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Killing a bill this way is called a pocket
veto.
Congress can always override a veto with
a 2/3 vote of the Senate and the House of
Rep.