Bell Work: 1/23/12
Think about the past semester.
• Overall, how did you do in class?
• What did you do well?
• What do you need to work on?
Congress
Chapter 10
The National Legislature:
• Recall that in the U.S. we have a
representative democracy, meaning we elect
officials to represent us.
• Our national legislature, or Congress is a
prime example of this, because these are the
are people that run the day-to-day operations
of our government.
A Bicameral Congress:
• 3 reason why we have a bicameral legislature:
1. Historical- Framers and other Americans were
very familiar with the bicameral legislature of the
British Parliament.
2. Practical- Framers had to create a bicameral
legislature to settle the conflict between the
Virginia and New Jersey plans.
3. Theoretical- Framers favored a bicameral
congress so that one house might act as a check
on the other.
Terms and Sessions:
• Each term of congress last for two years, and
is numbered consecutively. (112th Congress)
• Each new term starts on the 3rd day of January
in odd numbered years.
• A session of Congress is the period of time
during which, each year, Congress assembles
and conducts business.
- 2 sessions in each term of Congress.
- 1 session each year.
• Congress adjourns, or suspends until the next
session, as it sees fit.
• However, a session can’t be adjourned unless
both houses agree.
-President can adjourn if neither side can
agree on a date. (never used)
• Until WWII, Congress would met for four or
five months each year.
• Today, due to all of the pressing issues facing
Congress, it is forced to remain in session
through most of the year.
Special Sessions:
• Only the President can call Congress into a
special session to deal with an emergency
situation.
-Special sessions are now rare, because
Congress now meets almost all year long.
- Last time a special session was called was by
President Truman, in 1948.
The House of Representatives:
10.2
Size of the House of Representatives:
• The House of Representatives:
- 435 members (set by Congress)
- Representation is apportioned, or distributed
among the States on the basis of their
population.
- each State is guaranteed at least on seat in
the house, regardless of population.
-7 states only have one.
Terms of Members in the House:
• Representatives in the house serve a two-year
terms.
• No limit on the number of terms a person can
serve.
Reapportionment:
• Article 1 of the Constitution directs Congress to
reapportion, or redistribute the seats in the House.
• Reapportionment Act of 1929
1.) Set permanent membership at 435.
2.) Following each census, the census bureau will
determine the number of seats each state should have.
3.) When the bureau’s plan is ready, the President must
send it to Congress.
4.) If neither house rejects the census bureau’s plan, it
becomes effective.
Districts:
• For more than 50 years, Congress allowed
each State to decide if they wanted to elect its
members by a general ticket system or on a
single-member district basis.
• Single-member districts: when voters in each
district elect one of the states representatives,
• General ticket system: Elected by the State as
a whole.
• Now only single-member districts are used.
Gerrymandering:
Congressional Elections:
• Congressional elections are held on the same day
in every State.
• Since 1872 Congress has required that those
elections be held on the Tuesday following the
first Monday in November on even-numbered
years.
• Off-year elections are those that occur in nonpresidential years.
-more often then not, during these elections, the
party in power loses seats in the off-year
elections
Qualifications of Members:
• Formal Qualifications:
1. Must be 25 years old
2. Citizen for at least 7 years
3. Must live in the State from which they are being
elected.
*Long standing custom is that the official must also
live within the district they represent.
• Informal Qualifications include anything that will
help get a person elected. (these vary from time
to time.)
Bell Work: 1/25/12
• What is a formal qualification?
• What are the 3 formal qualifications for
membership in the House of Rep.?
The Senate
10.3
The Senate:
• Nearly 1/3 of the current members of the
Senate once served in the House of
Representatives.
• No current members of the House of
Representatives, have ever served in the
Senate.
• The Senate is by far that more prestigious
house in Congress, and is often called the
“upper house”.
Size of the Senate:
• Size: The Constitution says that the Senate
“shall be composed of two Senators from each
State”.
• Currently 100 Senators in the Senate.
Election:
• Originally, the Constitution provided that
Senators were to be chosen by the State
legislature
• Since the 17th Amendment in 1913, voters in each
State have selected Senators during the regular
November elections.
• Only one Senator is elected from a State in any
given election, unless another seat has been
vacated by death, resignation, or expulsion
Terms:
• Senators serve six-year terms, which gives
them a greater degree of job security.
• No limit on the number of terms a Senator can
be elected.
-Senator Robert Byrd of W. Virginia hold the
record serving 9 terms. (1958- Present)
• The Senate is a continuous body, meaning that
all of its seats are never up for election at the
same time.
• Senators terms are staggered, so that only 1/3
of their terms expire every two years.
• Senators govern a larger area and
constituency, which means they need to focus
their attention on the “big picture”.
• This enables Senators to get more public
exposure, which helps those who have
presidential ambitions.
Qualifications for Senators:
• A Senator must meet a higher level of
qualifications than those the Constitutions
sets for a member of the House.
• Senators Must:
- Be 30 years old.
-Citizen for 9 years
- Inhabit the State in which they are elected.
• The Senate, like the House, judges the
qualifications of its members, and may
exclude a member by a majority vote.
• The Senate may also punish its members for
disorderly behavior, and with 2/3 a vote, expel
a member.
-15 members of the Senate have been
expelled.
* 1 in 1797, 14 during the Civil War.
The Members of Congress:
10.4
Personal and Political Backgrounds:
• The 535 members of Congress are not a good
representation of the American people.
- average member is a white male
- average age in the house is 55, Senate is 60.
• Today there are more women in congress than
ever before.
• More importantly, they are moving into strong
leadership roles within our government.
Ex: -Nancy Pelosi ( former speaker of the house)
-Hillary Clinton (current secretary of State)
The Job:
• Members of Congress play five major roles.
1. Legislator
2. Representatives of their constituents
3. Committee members
4. Servants of their constituents
5. Politicians.
4 Ways Delegates Vote:
1. Trustees- believe that each question they
face be decided on its merits.
2. Delegates- They vote how they think the
people they represent, would want them to
vote.
3. Partisans- Vote along party lines.
4. Politicos- Attempt to combine all of the
above when voting on issues.
Compensation:
• The Constitution states that Congress will be
paid for their services.
• It also says that Congress has the power to set
that pay.
• So… What do they get?
• Salary: Both senators and representatives are
both paid a salary of $169,600 per year.
* Some make more, such as…
-speaker of the House = $212,000
-majority/minority floor leaders=$183,500
• Nonsalary Compensation:
-special tax deductions
-generous travel allowances
-generous retirement plan
-franking privileges (no postage)
The Politics of Pay:
• Only 2 things that limit congressional pay.
1. Presidential veto
2. voter backlash
Bell Work: 1/30/12
• Why is the senate called a “continuous body”?
Powers of Congress:
11.1
Congressional Power:
• Remember, Congress has only those powers
granted to it by the Constitution.
• Large areas of power are denied to Congress by
the Constitution’s silence, and because the
Constitution creates a federal system.
• There are many things that Congress cannot do.
(ex): create public schools, require people to
vote, attend church, or set a minimum age for
marriage or a drivers’ licenses.
3 types of Congressional Powers:
1. Expressed Power- written in the Constitution.
2. Implied Powers- not written in the constitution
but granted to Congress based on the
“necessary and proper clause” of the
Constitution.
ex: highways, prohibition of racial discrimination
3. Inherent Power- Powers that inherently belong
to Congress.
ex: controlling the nations boarders, acquire
new territories.
Strict vs. Liberal Construction:
• Recall the argument over ratification of the
Constitution.
• Much of the argument between the Federalist
and Anti-federalist centered on the powers of
Congress.
• Strict Constructivist- (Anti-federalist) insisted that
Congress should only exercise expressed and
implied powers.
-They wanted State to maintain as much power
as possible.
Liberal Constructionist- (Federalist) Believed
that Congress should be able to exercise both
the expressed and implied powers, as well as
the inherent powers.
• Since the beginning of our republic, the U.S.
has followed this view, and continues to today.
• The Supreme Court as followed this view
when ruling on issues involving national
government powers.
Expressed Powers of Money and
Commerce:
• Power to Tax: The Constitution gives Congress
the power to lay and collect taxes.
• The Purpose of Taxes:
-A tax is a charge levied by government on a
person or property to raise money to meet
public needs
-The government sometimes imposes taxes
for other reasons.
The Purpose of Taxes:
1. Raise money: a tax is levied on people or
property to raise money to meet public
needs.
2. Protection: Protective tariffs help protect
domestic industries against foreign
competition by increasing the cost of foreign
goods.
-other examples: excise tax used to protect
the public health and safety.
Principles of Taxation:
• The various levels of government use different
major taxes to raise revenue.
• Taxes are usually justified according to one of two
major principles.
1. benefits-received: those who use a service
should support it
-ex: gasoline tax
2. ability-to-pay: those with higher incomes pay
more taxes than those with lower taxes.
- ex: property tax to support public schools.
Limits on the Power to Tax:
1. Congress may tax only for public purposes
2. Congress may not tax exports.
3. Direct taxes must be apportioned among the
States, according to their population.
4. Indirect taxes by the Federal Government
must be levied at the same rate throughout
the U.S.
Direct vs. Indirect Taxes:
• Direct taxes are those that must be paid
directly to the government.
• Indirect taxes is a tax that first paid by one
person, but then passed on to another.
(ex): Federal tax on cigarettes is paid by the
tobacco companies, but then passed on to the
retailer, then to the customer.
Bell Work: 1/31/12
• What is the difference between a direct and
indirect tax?
The Borrowing Power:
• Art. I, Section 8, clause 2 gives Congress the
power to borrow money on the credit of the U.S.
• There are no constitutional limits on the amount
of money that Congress can borrow, an no
restrictions on the purpose for borrowing.
• However, Congress has put a ceiling on the public
debt.
-done for political posturing only. (simple raise it
when they need to borrow more money.)
• Public Debt: is all the money borrowed by the
Federal Government over the years and not
repaid. (interest is also included)
• For decades, the Federal Government has
practiced deficit financing.
• Deficit financing: Means it regularly spend
more money than it takes in, then borrows to
make up the difference.
Why Was The Federal Reserve
Created? :
• Congress created the Federal Reserve System
in 1913, as the central banking organization of
the U.S.
• Its purpose was to end the periodic financial
panics, or recessions.
• Has it worked?
Organization of the Federal Reserve
System:
• The Federal Reserve System (Fed):
1. Board of Governors
2. Federal Advisory Council
3. Federal Reserve Open Market Committee
4. Banks
Board of Governors:
• Directs and supervises the 12 Federal Reserve
district and member banks.
• Includes 7 full time members, who are appointed
by the president with approval of the Senate. (14
year term)
• President appoints one member as a chair
person, or head of the Federal Reserve.
(Ben Bernanke)
• Their decisions are not subject to the approval by
the President or Congress (Ummm….What?)
Federal Advisory Council:
• Made up of 12 members elected by the
directors of each Federal Reserve district
bank.
• Meet at least 4 times a year and reports to the
board of governors on general business
conditions in the nation.
Federal Open Market Committee:
• 12 voting members
• Meet 8 times a year to decide if the course of
action the Fed. Should take to control the
money supply.
• Raise or lower interest rates.
The Banks:
• The nation is divided into 12 districts, with
each district having 1 federal district bank.
• Also includes 25 Federal Reserve branch
banks, which help the district banks carry out
their duties.
• All national banks are required to become
members of the Federal Reserve System, while
state-chartered banks have an option.
So…What Does The Fed. Do?
Regulates
Money
Supply
Supply
Paper
Currency
Clearing
Checks
FED
Holding
Reserves and
Setting Reserve
requirements
Act as Gov’t
Fiscal Agent
Supervising
Banks
Clearing Checks:
http://glencoe.com/sites/common_a
ssets/socialstudies/in_motion_08/ett
/Figure15-3.swf
Money Supply and the Economy:
Money Supply and the Economy:
• One of the most important functions of the
Fed. is its control over the money supply, as
well as changes in the interest rates.
Loose vs. Tight Money Policy:
• Loose money policy: When credit is abundant,
and interest rates are low.
• Tight money policy: When credit is in short
supply, and interest rates are high.
* Recall: interest is the percentage you pay for
borrowing money.
Loose Economic Policy:
Inflation
• Borrowing is easy
•Consumers buy more
•Business expands
•More people are employed
•People spend more
Tight Economic Policy:
• Borrowing is difficult
Recession
•Consumers buy less
•Business postpone expansion
•Unemployment increases
•Production is reduced
Fractional Reserve Banking:
• Fractional Reserve Banking: is a system in
which only a fraction of the deposits in a bank
is kept on hand, while the remainder is
available to lend.
• Reserve Requirements: regulation set by the
Fed., which requires banks to keep a certain
percentage of their deposits in their vaults.
(10%)
Using Fractional Reserve Banking To
Create New Money:
$
Bell Work: 2-1-12
• What is public debt?
• Where does Congress borrow money from?
The Commerce Power:
• Commerce Power: Power of Congress to
regulate interstate and foreign trade.
• Remember, under the Articles of
Confederation, Congress didn’t have the
power to regulate interstate trade.
• This was a major issue that eventually led to
the writing the Constitution.
Gibbons v. Ogden (1824):
• This was the first case involving the Commerce
Clause to reach the Supreme Court.
• The Court’s ruling was popular at the time
because it dealt a blow to steamboat
monopolies.
Limits on the Commerce Power:
Limits on the Commerce Power:
1. Cannot tax exports
2. Cannot favor the ports of one state over
another in the regulation of trade.
3. Cannot require vessels to pay duties.
4. Could not interfere with slave trade until
1808.
The Currency Power:
• Article 1, Section 8, Clause 5 gives Congress
the power to coin money, and regulate the
value of said money.
• This power was given to Congress because
after the Revolutionary War, States printed
their own money, which caused confusion.
• Nearly all framers agreed on the need for a
single, national system of “hard” money.
What is Money?:
• Money is part of our daily lives. Without it, we
can’t get the things that we want and need.
• Money : Anything that serves as a medium of
exchange, unit of account, and a store of
value.
• Without money, people would have to acquire
goods and services through barter.
• Barter: to exchange one set of goods for
another.
3 Functions of Money:
• Medium of exchange: Anything that is used to
determine value during the exchange of a
good or service.
• Unit of account: helps you compare values of
goods and services.
• Store of value: Money keeps its value if you
decide to keep it, instead of spending it.
6 Characteristics of Money:
1. Durability- money must withstand wear and tear.
2. Portability- People need to be able to take money with
them wherever they go.
3. Divisibility- money must be able to be divided easily
into smaller denominations.
4. Uniformity- money must be the same.
5. Limited supply-if there is too much money in
circulation, it become worthless. (pebbles on a beach)
6. Acceptability- people within the economy must accept
the money in exchange for goods or services.
The Bankruptcy Power:
• The Constitution gives Congress the power to
set up uniform laws for bankruptcies
throughout the United States.
• Bankruptcy is the legal proceeding in which
assets are distributed among those to whom
debt is owed.
• Today nearly all bankruptcy cases are heard in
federal district courts.
Bell Work: 2/2/12
• Explain the power of commerce.
• What was the first court case involving the
commerce clause?
11.3 quiz
1. What are the 2 key sources of Congress’s
foreign relations power?
2. Explain the War Powers Resolution of 1973.
3. Name 3 expressed powers we discussed
today.
4. What is the difference between a copyright
and a patent?
5. If Congress exercises eminent domain, what is
it doing?