INTRODUCTION TO CONGRESS
A Bicameral Congress
 A bicameral legislature, like our Congress, is a
legislature that has two houses. We have the
Senate and the House of Representatives
 There are historical, practical, and theoretical
reasons for the two house Congress.
 Historical: British Parliament, Connecticut
Compromise, and state legislatures (except NB).
 Practical: Connecticut Compromise.
 Theoretical: Check and Balance within Congress.
Terms and Sessions
 Each term of Congress lasts two years, the length of the
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term of office for a member of the House of
Representatives.
Terms of Congress go from January 3 to January 3 of odd
numbered years.
A session is the period of time during the year that
Congress works. There are two sessions per term/one per
year.
Congress takes breaks and recesses at various times during
the year.
Congress can be called into an emergency session by the
president during a recess.
A president can also call a special session in order to get
legislation passed, but that rarely happens.
The House of Representatives
 Currently, the House of Representatives has 435
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members. This is a number set by Congress, not the
Constitution, in 1911.
Seats are apportioned to each state based on
population.
Every state has at least 1 representative. The
territories and District of Columbia all have nonvoting delegates in the House.
Members of the House serve two year terms. As
such, they always seem to want to placate people
back in their home districts.—”pork”
On average, incumbents have a 90% retention rate.
The House of Representatives
 After every census, Congress reapportions the seats
in the House to be more representative of the
population changes in the US.
 The first Congress had 65 seats. We now have 435
with a proposal to add two more (Utah and DC).
 The Reapportionment Act of 1929 set up 435 as a
permanent size of the House unless changed later by
Congress.
 The Census Bureau would declare how many seats
each state has. If neither branch of Congress rejects
their proposal after 60 days, it goes into effect.
The House of Representatives
 The only requirements to be a member of the
House: 25 years old, is an American citizen for at
least 7 years who can vote, and not convicted of
treason.
 By custom, and not by law, a candidate should
live in the district they represent.
 Congressional elections in non-presidential years
are called off-year elections.
 Off-year elections typically have low voter
turnouts. However, whatever party is in the
presidency usually loses some seats in Congress.
The House
of Representatives
 Originally, many states voted for members of
the House “at-large”, meaning they could live
anywhere in the state.
 In 1842, Congress declared that members of
the House come from a specialized district
within each state (unless the district is the
whole state).
 Today, states draw up districts that
sometimes make no sense.
 Gerrymandering helps to make districts
easier to win for incumbent parties or to
isolate groups.
The House of Representatives
 Wesberry vs Sanders (1964): Supreme Court
ruled that population differences for
congressional districts in GA were in violation
of the Consitution.
 Gormillion vs Lightfoot (1960) and Bush vs.
Vera (1996): Supreme Court ruled that
congressional districts gerrymandered by
race is unconstitutional.
Great Examples of
Congressional Pork
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$1 million DNA study of bears.
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$100,000 for Vidalia onion research.
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$375 million amphibious assault ship the Navy doesn’t want.
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$1 million for the Waterfree Urinal Conservation Initiative in NH.
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$50 million for an indoor rainforest in Coralville, Iowa.
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$4,545,000 for wood utilization research in 10 states by 19 senators and 10 representatives. This research has cost taxpayers $95.3 million since 1985.
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$9,000,000 for a dining facility/community center at the Niagara Falls Air Reserve Station.
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$1.8 million in swine odor and manure management research in Ames Iowa.
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$50,000 tattoo removal program in San Luis Obispo, California.
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$10.4 million fitness center at a Bremerton submarine base, although there are five private gyms within a five-minute drive.
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$246,000 earmark for the Toledo Farmers’ Market.
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$127,000 grant for aquaculture research in Hawaii including the cultivation of edible seaweed.
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$750,000 grant for grasshopper research in Alaska.
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$223 million "bridge to nowhere" that would have linked a small Alaska town to a tiny island with a population of 50.
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$14.6 billion on the “Big Dig” in Boston for transportation reform.
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$2 million in WWII to use bats as flying bombs against Japan.
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$73 million for 172 fax machines for the Air Force…or $421,000 per machine.
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$250,000 to paint rocks on the Shenandoah Valley Scenic Highway to make them appear to look more rock-like.
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$12,000 in 2011 in Michigan in Homeland Security for snow cone machines
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$27,000 for Moroccan pottery classes to be sold in international and domestic markets.
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$300,000 to promote caviar.
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$516,000 for a “Relive Prom Week” social video game on Facebook to study social interactions. And $40,000 for a video game based on Henry David
Thoreau’s “Walden”.
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$325,000 for a robotic squirrel used to determine what would cause a rattlesnake to attack or not attack.
Question Time
 1. Why do we have a bicameral legislature?
 2. In what ways is gerrymandering a bad
thing?
 3. What was your favorite piece of
government pork?
The Senate
 The Senate has 100 members, two for each
state. By Constitutional rules, the Senate
provides equal representation per state.
 As the more senior body of Congress, the Senate
has six year terms.
 The Senate is more deliberate and moderate
than the more radical House. Debates and deal
making is more of the case with the Senate.
 Originally, state legislatures voted in Senators. In
1912, the 17th Amendment was passed to give
direct election to the public.
The Senate
 1/3 of the senators are up for reelection ever two
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years.
Senators are at large and represent the whole state.
However, senators are expected to look at the
greater picture (nationally and internationally) than
members of the House (their home district).
Senators also get more public and media attention.
To be a senator, you need to be at least 30 years old,
have lived in the US as a citizen for at least 9 years,
and must live in the state they will represent.
Both houses of Congress can expel a member for
serious ethics violations.
The Members of Congress
 Members of Congress come from all very
different backgrounds and often reflect the
areas they represent (ethnic wise, job wise,
religions wise, etc.)
 Congress has to split its time between
balancing the needs of the people and the
needs of the nation.
 Congressmen have to serve on committees as
well.
The Members of Congress
 Most votes are usually routine and pointless
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(commemorating months, honoring things, etc.)
Some votes are on more important things like taxes, crime,
spending, etc.
A congressman can vote as a trustee, delegate, partisan, or
politico.
As a trustee, a congressman votes with their conscience
and judgment to make a decision.
As a delegate, a congressman would vote “as the people
back home would want me to.”
As a partisan, a congressman would vote however their
party would want them to vote.
As a politico, a congressman would combine all of these
issues before making a vote.
The Members of Congress
 While on committees, congressmen screen
proposed bills and decide what issues should
come up for debate.
 Oversight is another function of committees.
Oversight is when Congress checks to see
that various executive branch agencies are
doing their job according to the law.
 Congressman also act as the servants of their
constituents and try to address the concerns
people have.
The Members of Congress
 As of right now, a congressman makes $162,000
a year. The Speaker of the House makes
$208,100. The Senate president pro tem,
majority and minority leaders all make $180,100.
 Congressmen cannot vote themselves a pay
raise. (27th Amendment)
 Congressmen also get perks like compensation
for traveling and expenses, medical care,
retirement plans, staff in Washington and in
home state, free postage, free food, free
parking, free gym memberships, etc.
Question Time
 4. How is the Senate more prestigious than
the House?
 5. What can influence the way a politician
votes?
POWERS OF CONGRESS
Congressional Power
 Congress has lots of power, but it is very limited.
 Congress has three types of power as written in the
Constitution.
 Expressed Powers: Those powers that are physically
written down in the Constitution.
 Implied Powers: Powers that can be assumed by reading
between the lines of what is written.
 Inherent Powers: These are powers that are not written
down anywhere, but are assumed by the government
out of necessity.
Strict vs Liberal
Construction
 In the beginning of our nation, the first political parties
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were divided up on how to interpret the Constitution.
Thomas Jefferson and the Democratic Republicans believed
in a strict interpretation of the Constitution.
Congress should only have expressed powers and most of
the power should reside with the states. “That government
is best that governs least.”
Alexander Hamilton and the Federalists believed in a
liberal, or loose interpretation.
They felt the government should be “energetic” and grow
to serve the needs of the nation.
Congressional powers have also been strengthened by the
Supreme Court.
Expressed Powers of Money and
Commerce
 One of the biggest powers Congress has is the power to
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levy taxes.
Taxes are collected in order to pay for government
expenses.
There are several different types of taxes: tariffs, excise
taxes, income taxes, property taxes, direct taxes ,etc.
Tariffs are taxes placed on imported goods in order to
encourage you to buy domestic products.
Tariffs are the oldest type of tax we have in the US
government. However, the nation has been stressing more
free trade over the years.
Taxes can also be placed on items to help protect public
health as with taxes in cigarettes, alcohol, and junk food.
Expressed Powers of Money and
Commerce
 Congress does have limits on taxes.
 Congress does not have the right to tax any religious
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organization.
Poll taxes and other taxes on voting are illegal (24th
Amendment).
Taxes can only be collected to pay for public services or for
nation defense.
Congress cannot tax exports.
Collected direct taxes must be apportioned out to the
states in respect to population.
Congress cannot favor one port city over another.
16th Amendment gave Congress the right to tax incomes
permanently (first used in Civil War).
Expressed Powers of
Money and Commerce
 A direct tax is one paid directly to the
government by the person who owes it.
 Property taxes and income taxes are types
of direct taxes.
 An indirect tax is a tax collected by someone
else who then pays the government. For
example a tax collected by a store owner for
a tax on candy bars.
 Congress also has the power to borrow
money. There is no limit to how much
money that Congress can borrow.
Expressed Powers of
Money and Commerce
 The national public debt is all of the money
borrowed by the federal government + all of the
accumulated interest.
 As of Sept. 24, 2013, the national debt is over $16
trillion.
 Our government practices deficit financing,
spending more money than it takes in and then
borrows money to make up the difference.
 Our government is in debt due to the recession, the
Bush tax cuts, and the War on Terror.
 States cannot be taxed to pay for the
Nation’s interest.
Expressed Powers of Money
and Commerce
 Congress also have the power to regulate interstate and
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foreign trade.
Gibbons vs Ogden (1824) said that the states cannot tax
or interfere with interstate commerce.
Congress has the right to coin money and regulate its
value.
Before the Constitution, any state could coin and print
money.
Paper money became legal tender in 1863 to help pay
for the Civil War.
Money was originally redeemable for gold and silver.
Both Congress and state governments deal with
bankruptcy issues.
Question Time
 6. Name 4 expressed powers that Congress
has?
 7. How has the interpretation of the
Constitution affected how our government
runs?
 8.What sorts of taxes are there?
Foreign Relations Powers
 Congress shares power with the president in terms
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of foreign relations.
States are not allowed to negotiate treaties or
commerce.
Only Congress can declare a war. Congress also
controls all military spending.
Congress can limit how long the military is sent to a
place where we are not engaged in a war.
Congress can call up the militia.
The Senate has the power to ratify treaties.
Congress recognizes foreign nations.
Congress regulates international trade.
Other Expressed Powers
 Naturalization: Congress has the right to regulate who and when can
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become a citizen.
Post Office: The Post Office is ran by Congress.
Copyrights and Patents: Congress grants copyrights to authors and
companies for their works. Congress gives patents to inventors for
the things they create.
Weights and Measures: Congress establishes standards for weights.
We use the English system.
Land Use: Congress can own or purchase land for parks,
reservations, or to protect the environment. Congress can also use
“eminent domain” to take private property and convert it to public
use.
Judicial: Congress has set up certain crimes and punishments. It has
also created all of the courts below the Supreme Court
Implied Powers
 Implied powers are those that are not written down, but are
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suggested by the “elastic clause”.
The elastic clause was a big debate between Federalists and
Democratic-Republicans in the beginning of our government.
First battles were over the National Bank.
McCulloch vs Maryland (1819) states cannot tax the national
government., specifically the national bank. This case helps
support implied powers.
Congress appropriates funds to states to pay for programs.
Implied powers include things like: the draft, punish tax
evaders, making requirements for certain state programs in
order to receive funding, immigration quotas, the Federal
Reserve, creating a minimum wage, banning discrimination,
banning mailing of certain materials, punishing mail fraud, etc.
Nonlegislative
Powers
 Congress can pass a constitutional amendment, but states
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can petition for one to be debated as well.
The House elects a successor to the presidency/vice
presidency in case of an opening or if nobody wins the
majority of electoral votes (1800 and 1824).
Congress can vote to impeach a president (A. Johnson and
Clinton).
All appointments made by the president must be approved
by a 2/3 vote of the Senate. (cabinet positions, judges,
ambassadors, department heads, etc.)
The Senate approves or rejects treaties negotiated by the
president.
Congress has the power to investigate the actions of any
politician or agency.
Question Time
 9. What foreign relation powers does
Congress have?
 10. What implied powers does Congress
have?
CONGRESS IN ACTION
Congress Convenes
 On Jan. 3 following the national elections, Congress opens
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up a new session.
Members choose the Speaker of the House. This is a
formality for the majority party has already chosen their
leader.
The Dean of the House, the longest currently serving
member of the House, administers the Oath of Office.
The Speaker swears in the other members with Democrats
on the left of the center aisle and Republicans on the right.
The Speaker then asks the House to elect a clerk, sergeant
at arms, chief administering officer, and chaplain.
After this, the House adopts the rules that will govern the
session.
Finally, the House will select who will serve on what
committee.
Congress Convenes
 In the Senate, things go as usual, unlike the
ever changing House.
 Newly elected members are sworn in.
 Vacancies on any committees are filled up.
 When the Senate is organized and learns that
the House is running, a joint chamber
committee informs the president that
Congress is ready for any communication he
wishes to make.
 During the State of the Union, the president
delivers his intended goals for the upcoming
year.
Congressional Offices
 The Speaker of the House, currently John Boehner(R-OH), is the
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leader of the House and is typically elected by the majority party.
The Speaker’s job is to give order to the House and guide it for
the year while serving in a fair manner.
While the Speaker presides over the major issues and debates,
the Speaker can appoint someone to serve in their place for day
to day business.
Nobody on the floor of the House can speak until recognized by
the Speaker.
The Speaker calls the vote on the floor, selects people to
committees, refers bills to committees, and decides the
outcomes of votes in the House.
In case of an emergency, the Speaker is second in line for
presidential succession.
Congressional Offices
 The head of the Senate is the Vice President,
although very few Vice Presidents do anything with
this.
 The presiding head of the Senate is the president pro
tempore (Latin for “for a short time”). Patrick Leahy
(D-VT) is the current president pro tem.
 Like the Speaker of the House, the Senate pro tem is
often not at every session. Newer members of the
Senate usually take this position in order to learn
how the senate works.
 The president pro tem is third in the presidential line
of succession.
Congressional Offices
 The political parties have their own positions in
Congress. The parties form a caucus and organizes
what their goals and views for the current session are.
 Both parties in each house elect a majority/minority
leader. Their job is to get support for passage of bills.
The current majority leaders are Sen. Harry Reid (DNV) and Rep. Eric Cantor (R-VA). The minority leaders
are Sen. Mitch McConnell (R-KY) and Rep. Nancy Pelosi
(D-CA).
 Other key positions are the floor leaders and whip.
Both parties have them. The floor leader’s job is to
carry out the wishes of the caucus. The whip is
supposed to gather votes for the party in support of
bills.
 Each committee in each house also has a chairperson.
Seniority Rule
 There is an unwritten custom that the longest
serving members in the parties serve the
important posts in the House and Senate. “It’s
their turn”
 Some people say that this is important
because if honors those who have experience
and have dedicated their lives to serving their
party and their nation.
 Others say that it ignores ability of more able
bodied people instead.
Question Time
 11. How does the “seniority rule” play into
what Congress does?
 12. What are the major positions that are
found in Congress?
Congressional Committees
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One of the most influential of the committees are the standing committees.
These committees recommends rules and laws in certain areas.
The standing committees in the House are: Agriculture, Appropriations, Armed
Services, Budget, Education and the Workforce, Energy and Commerce,
Financial Services, Government Reform, Homeland Security, House
Administration, International Relations, Judiciary, Resources, Rules, Science,
Small Business, Standards of Official Conduct, Transportation and Infrastructure,
Veterans’ Affairs, and Ways and Means.
The standing committees in the Senate are: Agriculture Nutrition and Forestry,
Appropriations, Armed Services, Banking Housing and Urban Affairs, Budget,
Commerce Science and Transportation, Energy and Natural Resources,
Environment and Public Works, Finance, Foreign Relations, Homeland Security
and Governmental Affairs, Indian Affairs, Judiciary, Health Education Labor and
Pensions, Rules and Administration, Small Business and Entrepreneurship, and
Veterans; Affairs.
There are four committees jointly run by both houses: Economic, The Library,
Printing, and Taxation.
Congressional Committees
 Each committee has subcommittees. For
example, the House Armed Services Committee
has Emerging Threats and Capabilities, Airland
Forces, Personnel, Readiness and Management
Support, Seapower, and Strategic Forces.
 There are almost 70 committees in the Senate
and 80 in the House.
 Each House committee has from 10-75 members
and there are 14-28 members in the Senate.
Congressional Committees
 The House Committee on Rules is one of the
most important committees in the House.
 They clear all bills for debate on the floor—
almost like an air traffic controller.
 Bill have to get clearance by the rule
committee in order to be considered for a
vote.
 The 13 member committee can push a bill
forward, delay a bill, or prevent a bill for
being voted on in the session.
Congressional Committees
 Another type of committee is called the select committee.
 These panels are set up for a specific purpose.
 Most often, select committees are established for just a
limited time to investigate a current matter. (like BP Oil
spill)
 These committees are important because Congress needs
to decide what actions to take and laws to make.
 Select committees can be created to create awareness, like
terrorism or childhood obesity.
 Sometimes select committees can be established for ethics
violations, like Clinton or Nixon.
Congressional Committees
 A joint committee is a committee that is comprised
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of members from both houses.
Some of these are select committees and others are
permanent.
The Joint Economic Committee issues periodic
reports to both houses about the state of the
economy.
The Joint Committees of Printing and Library are
more routine.
A conference committee is another joint committee
that is established for the purpose of submitting a
bill to the president to get signed if both the Senate
and House versions of the bill are different.
Question Time
 13. What is the purpose and function of a
Congressional Committee?
 14. What types of committees are there?
How a Bill Becomes a Law:
The House
 A bill is a proposed law. Most bills are
introduced into Congress by a member with
the backing of the executive branch or a
lobby.
 In the House, a bill is placed into the “hopper”
on the clerk’s desk.
 There are two types of bills: private and
public.
 Public bills affect the whole nation. Private
bills affect an area or certain people.
How a Bill Becomes a Law:
The House
 One type of bill is a resolution.
 A resolution is something the House deals with itself and doesn’t
require a presidential signature. Mostly, resolutions deal with a
new rule of procedure or amendment of a previous rule.
 A joint resolution deals with unusual occurrences that need to be
dealt with now. Such thing include going to war, appropriating
money for a ceremony, or annexing a territory. These have the
force of law and need the presidential signature.
 A concurrent resolution deals with something the House and
Senate both need to do. Mostly, this is to share Congress’s view
on something. They do not have the force of law nor require the
president’s signature.
 A rider is a type of resolution that “rides” onto another bill
because it couldn’t get passed on its own. Usually, these are
spending earmarks for something else (this is where pork comes
in).
How a Bill Becomes a Law:
The House
 The bill is introduced during the reading and given a
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number (HR 321).
After the bill is read three times, it goes into committee
that has jurisdiction over the bill
Once in a committee, the bill goes into the appropriate
subcommittee.
In a subcommittee, the bill can receive fact finding efforts
in support of the bill. These come at taxpayer expenses.
Most bills “die” in committee and never come to a vote.
A discharge petition can be created to push a bill through a
committee through 30 days.
How a Bill Becomes a Law:
The House
 When a subcommittee has finished its work, one of 5 things may
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happen.
1. The committee may view the bill as favorable and recommend
it for debate.
2. The bill is “pigeonholed” and dies a quick death. Most bills
suffer this fate.
3. The committee will recommend the bill with some
amendments and changes or combine this bill with another and
submit it for debate.
4. Report a bill as unfavorable and kill it off completely. This is
rare since nobody wants to take responsibility on an issue.
5. The committee can report a committee bill which is a
substitute for this bill, or several similar bills, instead and submit
it for debate.
How a Bill Becomes a Law:
The House
 Before a bill goes onto the floor of the House, it is
placed on a calendar by the standing committee.
There are 5 different calendars.
 The 5 calendars are: Calendar of the Committee of
the Whole House on the State of the Union (deals
with $ and property), House Calendar (public bills),
Private Calendar (private bills), Corrections Calendar
(for all bills that are unanimous in vote with no
opposition), and Discharge Calendar (for bills to be
discharged from committees).
 When there is the proper time, the bills come to the
floor for a vote.
How a Bill Becomes a Law:
The House
 Next, the bill goes before the rules committee. If
they don’t make a rule for it, the bill can be killed
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off.
Once it goes through the rules committee and
allowed time on the floor, it goes through.
Many bills go through the Corrections Calendar
and are not opposed by anyone.
The Committee of the Whole deals with more
controversial issues.
For a bill to be voted on, a quorum must be met.
A quorum is the majority of elected officials
must be present (218).
How a Bill Becomes a Law:
The House
 With the Committee of the Whole in charge of the bill, the
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bill is reread to Congress.
Debate begins with amendments and riders attached to the
bill.
It can go through numerous changes during the debate
process in order to get more support.
Once the Committee of the Whole approves of the bill, it
dissolves itself and turns the bill over to the Speaker of the
House.
In debate, a speaker can only speak for an hour at
maximum unless granted permission by other members.
At any point, a member can “move the previous question”
which demands a vote.
How a Bill Becomes a Law:
The House
 If there were any amendments on the bill, all of those
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amendments must be voted on individually.
Bills can be voted on to be tabled, which means to lay it
aside for now.
Procedural motions may also be made for the bill.
Each of these motions must be voted on first.
Finally, the bill is voted on. Most of the time, it is by saying
“Aye” or “No”. A standing vote may also be called. A roll call
vote, a vote by all members may also be made
electronically.
If voted down, the bill is dead. If approved, the bill is printed
in its final form and signed by the Speaker of the House.
The bill then moves onto the senate for approval.
How a Bill Becomes a Law:
The Senate
 Now the bill which has passed the House
enters the Senate where it is read twice.
 Senate proceedings are less formal and less
strict than the House.
 Bills in the Senate only have one calendar to
go through. The Senate leader also calls bills
to the floor at his/her discretion.
 Senators may speak on an issue as long as
they please. However, a Senator can give no
more than 2 speeches on any one bill.
How a Bill Becomes a Law:
The Senate
 A senators greatest weapon is the filibuster.
 A filibuster is a stalling tactic which the minority party will use to
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delay passage of a bill by monopolizing the time on the floor.
They do this until the Senate changes the bill or drops it entirely.
Strom Thurmond filibustered for over 24 hours against civil rights
for Blacks in 1957. Huey Long spoke for 15 hours by reading the
telephone book. Glen Taylor of Idaho talked for 8 hours about his
children, baptism, fishing, and Wall Street.
Over 200 measures have been defeated by filibusters since 1900
and several bills have been amended to prevent them.
The senator must not sit down, use “unparliamentary” language,
or walk. They must stand the whole time.
Today in the Senate. They mostly make a threat about a
filibuster.
How a Bill Becomes a Law:
The Senate
 The only check on a filibuster is a cloture rule.
 Cloture was adopted in 1917 after a 3 week
filibuster concerning German submarines.
 Cloture limits debate and can be called only by a
special procedure after 2 days.
 If at least 3/5 of the Senate (60 senators) approve
it, then the rule becomes effective. It must be
brought to a final vote.
 Cloture has been brought up over 400 times, but
only has succeed about 1/3 of the time due to the
Senate tradition of debate and fear that the
other party could do it to them at some point.
How a Bill Becomes a Law:
The Senate
 In the Senate, the bill goes into the standing
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committee and may face some revisions.
During this process, the bill can be subjected to more
hearings, revisions, and amendments.
Once all debate is over, the bill goes to the floor for a
vote. This bill could be the House’s version or a
different version by the Senate. If it is a different
version, a joint committee is set up to rectify the
differences.
When the bill is passed it will then go to the
president who will sign it, veto it, or pocket veto it.
If it is signed, it is now a law.
Question Time
 15. How does a filibuster play a role in how
things get done, or not done, in Congress?
 16. Why do bills go between both houses
before it can be a law?
 17. What is a resolution?
 18. What is a rider?