American Government:
Legislative Branch Unit-Structure &
Powers of Congress
GPS
•
SSCG4 The student will demonstrate knowledge of
the organization and powers of the national
government.
• A. Describe the structure and powers of the
legislative, executive, and judicial branches.
The Structure of Congress
• Congress is “bicameral” or made of two
houses which are the House of
Representatives and the Senate
• Bicameralism is historical (British Parliament,
most colonial assemblies, most state
legislatures)
• Settled conflict between large & small states
over representation during the Constitutional
Convention (Great Compromise) (Equal
representation in the Senate & by Population
in the House of Reps.)
• Bicameralism allows one house to check the
other & keeps the legislative branch from
dominating the other two branches
The Structure of Congress: Terms
• Terms of Congress last for 2 years
& begins on Jan. 3 of every odd
numbered year
The Structure of Congress: Sessions
• A session is the period of time each year that
Congress meets and conducts business
• There are two sessions each term (one per
year)
• Constitution requires at least one session a
year
• Congress convenes & adjourns as it sees fit
• One house can’t adjourn without consent of
the other
• The President has the power to end (prorogue)
a session when Congress can’t agree on
adjournment. (never used)
• Several short recesses during the year
The Structure of Congress:
Special Sessions
• Only the President can call a
special session which is a meeting
to deal with an emergency
situation
• One house can be called alone into
session (usually the Senate to
consider presidential appointments
or treaties)
• Special session are rare now that
Congress meets almost year round
The Structure of Congress: Ch. 10 Sec. 1
Reading Assignment pp. 268-271
1. Where does the Constitution indicate
the structure of the legislative branch?
2. What is the only state today that does
not have a bicameral legislature?
3. Why did the large states want
representation by population and the
smaller states equal representation?
4. What did Madison say in the Federalist
No. 51 would be the remedy for a
predominate legislative branch?
The Structure of Congress: Ch. 10 Sec. 1
Reading Assignment pp. 268-271
5. What might never have been if the Framers were
unable to agree on equal representation in the
Senate?
6. How long does a term of Congress last? What are
the dates?
7. How often does the Constitution require that
Congress meet?
8. Briefly define the terms convene, adjourn, and
recess.
9. Who has power to end (prorogue) a session if
Congress cant agree on adjournment?
10.Think of three reasons why the president might call
a special session of Congress.
The Structure of Congress: Ch. 10 Sec. 1
Reading Assignment pp. 268-271
1. Article I Section 1
2. Nebraska
3. Large states wanted more power since they had more
population; small state did not want to be overrun by
large states
4. Divide Congress into two branches
5. The Constitution
6. 2 years; noon Jan. 3 each odd year to Noon Jan 3
7. Once per year
8. convene=start; adjourn=end a session;
recess=temporarily suspend a session
9. The President
10.War, economic crisis, natural disaster, confirm
appointment of a new Supreme Court Justice
Powers of Congress: Expressed Powers
• Congress has powers delegated
(granted) to it by the Constitution in
three ways:
• 1. by specific wording written in the
Constitution (expressed or enumerated)
• 2. by reasonable deduction from
expressed powers (implied)
• 3. by created a U.S. national
government (inherent)
Powers of Congress: Expressed Powers
• Expressed/enumerated powers are in
Art. I Sec. 8; 18 clauses & 27 powers
• Most implied powers (most of what
Congress does) comes out of the
commerce and tax powers
The Commerce Power
• Commerce is buying and selling of
goods and services
• Commerce power allows Congress to
regulate interstate & foreign trade
• Gibbons v. Ogden (1824) was the first
Supreme Court case over commerce
ruled that the state of NY could not
interfere with Congress power to
regulate interstate commerce
Limitations on the Commerce Power
• 1. cannot tax exports
• 2. cannot favor the ports of one state over
another in trade regulation
• 3. cannot require vessels going to or from
one state to enter, clear, or pay duties in
another
• Couldn’t interfere with slave trade until 1808
(when it was federally abolished)
The Power to Tax: Purpose of Taxes
• A tax is a charge levied by government
on persons or property to raise money
to meet public needs
• Protects the economy from foreign
competition (tariffs)
• Protect public health/safety (federal
licensing for narcotics)
The Power to Tax: Limits
• Can’t tax church services (violates 1st
Amendment)
• Can’t tax for private benefit
• Can’t tax exports
• Direct taxes must be apportioned
among the states according to
population
• Indirect taxes must be levied at the
same rate in all parts of the country
Borrowing Power
• No limits on how much the U.S. may borrow
or on the purposes for borrowing
• The Treasury actually borrows by issuing
Treasury Notes (T-bills) which is like an IOU
• Congress sets a debt ceiling but keeps
raising it when more money needs to be
borrowed
• U.S. government has practiced deficit
financing since the 1930’s & the current
federal debt tops $18 trillion
Bankruptcy Power
• A bankrupt individual company,
person, or organization is one that cant
pay its debts
• Bankruptcy is the legal proceeding to
distribute the bankrupt’s assets to
those who are owed
• Also a concurrent power
Currency Power
• Provides the U.S. with a uniform,
stable monetary system
• Legal tender: money creditors must
accept for payment by law
• Congress first issued national paper
currency as legal tender in 1862
War Powers
• Only Congress can declare war
• Only Congress can raise/support
armies, maintain a navy, & make rules
to govern the military
• Congress can “call forth the militia”
(today the National Guard)
• Congress can grant letters of marque &
reprisal (a form of legalized piracy)
• Congress can make rules concerning
captures on land and water
War Powers Resolution (1973)
• Allows the President to call troops in to
action if 1) Congress has declared war
2) Congress authorizes military action
or 3) an attack on the U.S. or its forces
has occurred
• In the 3rd situation, the President must
report to Congress within 48 hours &
the action must end within 60 days
unless Congress extends it. Congress
can end the commitment at any time.
Domestic Powers
• Issue copyrights & patents
• Copyright: exclusive right to
reproduce, publish, sell one’s creative
work
• Patent: sole right to manufacture, use,
or sell a new invention or idea for 20
years
Domestic Powers
• Postal service
• Regulate Washington, DC and federal
territories (Puerto Rico, Guam, etc.)
• Acquire property by purchase, gift,
eminent domain, by admitting new
states, by the war powers or by treaty
• Fixing standard weights/measures
• Rules of naturalization
Judicial Powers
• Congress can create all federal courts below
the Supreme Court
• Defines federal crimes and punishments
(counterfeiting, piracy, felonies on the high
seas, offenses against int’l law are in the
expressed powers)
Implied Powers
• Fall under the “Necessary & Proper”
Clause (Art. I Sec. 8 Clause 18) or
Elastic Clause
• Not written in the Constitution but
drawn from those that are.
Strict vs. Liberal Constructionist
• Strict Constructionists like Jefferson
believed that Congress should only use
implied powers that were absolutely
necessary to carry out expressed
powers; also, that the states should
keep as much power as possible
• Liberal (loose) Constructionists like
Hamilton believed in a broad
interpretation of implied powers
Non-Legislative Powers of Congress
• Constitutional Amendments: Congress
can propose amendments with 2/3
vote in each house
• Electoral Duties: House of Reps. elects
the president if no one receives a
majority of electoral votes;
• If the president has to nominate a
vice-president in case of a vacancy,
both houses must vote to approve the
nominee
Non-Legislative Powers of Congress
Impeachment:
• House of Reps. may impeach
(formally charge/accuse) the
president or other civil officers
• the Senate holds the trial & votes on
whether or not to convict (requires
2/3 majority)
Non-Legislative Powers of Congress
Executive Powers:
• Senate must confirm nominations by
the president for executive & judicial
offices
• Senate must also ratify treaties
negotiated by the president
Non-Legislative Powers of Congress
Investigative Powers:
• Either house can conduct investigations to:
1. Gather information necessary to create
laws
2. Oversee operations of executive branch
agencies
3. Focus public attention on a particular
matter
4. Expose the questionable activities of a
person (public or private) or group
5. Promote particular interests of some
members of Congress
Non-Legislative Powers of Congress
Congress also stays informed by the
following agencies:
• Congressional Budget Office: provides
information on taxing, spending, or
other budget matters
• Congressional Research Service:
provides members with factual
information on most any subject
• Government Accountability Office:
Congress’ watchdog to monitor work of
the Federal Government report findings