CONGRESS:
THE LEGISLATIVE BRANCH
By. Janine Hepler
Congress

Legislative (lawmaking)
branch of government

1st branch described in
the Constitution


Article I
Founders intended
Congress to lead the
executive & judicial
branches
Bicameralism

Congress is made of 2 chambers (houses)
Senate
Congress
House of
Representatives
Why Bicameralism?—3 Reasons
1.
Historical Roots

2.
Federalism

3.
British Tradition
(Parliament)
Resolved population
debate (VA vs. NJ Plan)
Checks & Balances

Gives power to both
Houses
Congress Review
HOUSE
Size
Constituency
Term Length
Age
Length of
Citizenship
Residence
SENATE
The Members of Congress
Roles Played by Our Representatives
The Balancing Act

Congress men &
women take on many
roles in their daily
jobs as our leaders—
as they vote on bills
The Members of Congress: Roles
Legislator
Committee
Member
Delegate
Trustee
Partisan
Politico
Assignment
 Read pgs. 249-53
 Describe the
duties that
member of
Congress fulfill
within each role—
defining each
 Answer questions
#1, 2, & 4 on pg.
253
Legislator
Committee Member
• MAIN JOB
• Makes laws
• Works with other members
• Screens bills & oversees Executive
branch
Delegate
Trustee
• Represents constituents
• Acts/votes as agent for
“folks back home”
• Decides issues on merit alone—
regardless of others
• Votes according to “gut”
Partisan
Politico
• Votes in line with
wishes of party
platforms & leaders
• Combines ALL other roles
• Acts as “practical politician”




Voting NO on a bill that eases abortion laws because it goes against your
party’s platform.
Voting YES on a bill that increases benefits paid to soldiers fighting in
Afghanistan because you personally believe in the war against terrorism
Voting YES on a bill that will bring new jobs to Stark County because
many of your constituents are unemployed & are seeking work.
Voting NO on a bill that would raise taxes because you feel that it goes
against your party’s beliefs, your personal wants, & the needs of your
constituents.
Delegate Partisan Politico Trustee
Congressional Compensation &
Privileges
Compensation & Privileges
Salary

$174,000
Privileges
 “Cloak of Immunity”


Immune from arrest for
misdemeanors during
congressional sessions
Can’t be sued for libel
Other Compensation
 Tax deductions
 Travel allowances
 Low-cost health insurance
 Pension plan
 Money for offices/staff
 Franking privilege
The House of Representatives
A Closer Look
The “People’s House”

Closest to the people—
lower house


Smallest constituency
Once the only branch of
the federal government
that was directly elected
House Qualifications & Terms
Age
•25 years old
Citizenship
•7 years
Residency
•Within State
Term Length •2 years
# of Terms
•Unlimited
Facts About the House…

Population-based

435 members

Every state has at least 1
member

Members are
apportioned &
reapportioned every 10
years
Characteristics of the House








Younger membership
Less prestigious
Lower visibility
Concentrated power
Organized by hierarchy
Smaller constituencies
Acts more quickly
Formal & rigid rules
Jim Renacci (R)
Membership Profile

Long-standing, respected
community members

Upper-income, wealthy
professionals

Active in civic/local)
organizations

Politically-experienced
(state/local)
Why Incumbents Rule!

Incumbents almost
never lose

92% Reelection Rate
since WWII

Name Recognition

Greater Media Access

Better Funding

Accumulate political
goodwill

“Pork Barrel” spending
projects
Louisville is
represented
by
DISTRICT 16
Ohio must
reapportion its
districts following
the 2010 census.
LOSING 2 SEATS

The Reapportionment Act of 1929 ONLY affects the
_____ chamber of Congress NOT the _______.

The Reapportionment Act of 1929 fixed the size of the
House of Representatives at _____ total members.

According to the Act, the results of the ______ taken
every 10 years would be used to _________ House seats.

Following the census, __________ in the states are
redrawn to reflect the population change.
Gerrymandering
Where did gerrymandering come from?
● The original gerrymander was created in 1812
by Massachusetts Governor Elbridge Gerry,
who crafted a district
for political purposes.
● Boston Weekly Messenger
thought it looked like a salamander.
And named it the “Gerrymander”
The Original Gerrymander
What is the purpose of gerrymandering?
• To concentrate opposition votes into a few
districts to gain more seats for the majority
in surrounding districts (called packing)
-OR• To diffuse minority strength across many
districts (called dilution).
The Senate
A Closer Look
The “Upper House”

More prestigious than
the House of
Representatives

Larger constituencies

Equal representation
for each state
Facts About the Senate

Each state is given 2
Senators

Senators are elected atlarge by direct vote

Encouraged to debate
issues

Continuous Body
Senate Qualifications & Terms
Age
•30 years old
Citizenship
•9 years
Residency
•Within State
Term Length •6 years
# of Terms
•Unlimited
Characteristics of the Senate










Older membership
Less formal & rigid rules
Less hierarchy
Acts more slowly
Power is less concentrated
Larger constituencies
More prestige
Higher visibility
Unlimited debate
Approves & rejects Presidential decisions
Membership Profile

Wealthy membership

Focus on reelection
campaigns

Face higher prestige &
increased responsibility
than their colleagues in the
House
Rob Portman (R)
Sherrod Brown (D)  Use Senate as stepping
stone to higher office

Congressional elections are held on the ________,
following the first _________, in ____________ during
____________ years.

Members of the House run for reelection every ___
years.

Every 2 years, ____ of the Senate stands for reelection,
thus they are described as a _________.

Elections held in non-presidential years are referred to as
______ elections
The Scope of Congressional
Power
Strict vs. Liberal Construction
Historical Perspective

Framers intended to create a new & stronger National
Gov’t.

Many of the conflicts b/t Federalists & Antifederalists
centered on the powers of Congress
Strict vs. Liberal Construction
Strict
Definition
Major
Proponent
Implied
Powers
National
Power
State
Power
Liberal
Growth of National Power
Factors
 Liberal Construction
 Wars
 Economic Crises
 National Emergencies
 Advances in Technology &
Communication
 Citizen Demands
(Services)
Congress & the Constitution

The Constitution
places many
restrictions on
Congress
 Many powers are
denied
Things Congress CAN’T Do…



Create a national public school system
Require that everyone attend church
Set a minimum driving age
Powers Granted to Congress
Expressed
•AKA
enumerated
•Clearly
stated
•EX.) power
to declare
war
Implied
•Deducted
from clearly
stated
powers
•Made
possible by
Elastic
Clause
•EX.)Drafting
soldiers
Inherent
•Powers
possessed
by all
sovereign
states
•NOT
expressed
•EX.)Gaining
territory
Congress’ Powers
Constitutional Framework

Constitution is both
highly specific &
vague about the powers
Congress may exercise

Article I, Section 8
specifies most of
Congress’ enumerated
powers
Expressed Powers: Money & Trade
Taxation
 Lay & collect income
taxes
 Allows Congress to pay
debts & provide for the
common defense/general
welfare
Expressed Powers: Money & Trade
Expressed Powers: Money & Trade
A Side Note: The National Debt
Expressed Powers: Money & Trade
Expressed Powers: Money & Trade
Other Expressed Powers
Other Expressed Powers
Other Expressed Powers
Other Expressed Powers
Other Expressed Powers
Judicial Powers
 Create Federal Court
system

Punish 4 specific crimes:




Treason
Counterfeiting
piracy/felonies on the high
seas
offenses against law of
nations
Other Expressed Powers
Other Expressed Powers
Other Expressed Powers
Other Expressed Powers
Eminent Domain
 Government’s right to take
private property for public
use
The Nonlegislative Powers of Congress
Constitutional Amendments
 May propose an Amendment

Current Issues Worthy of
Amendments…




.
prayer in public schools
abortion
prohibiting flag burning
requiring a balanced budget
The Nonlegislative Powers of Congress
The Nonlegislative Powers of Congress
Impeachment
 House votes on articles of
impeachment (indictment)
 Senate tries defendants
(conviction, possible
removal)

Impeachment: formal
charge, accusation of
misconduct brought
against a public official
The Nonlegislative Powers of Congress
Executive Duties
 Senate confirms major appointments & treaties
made by the President

Senatorial Courtesy: Senate will turn down
Presidential appointment of a federal officer to
serve in a particular state if the appointment is
opposed by a Senator of the President’s party who
is from the State involved
The Nonlegislative Powers of Congress
Investigatory Powers
 Congressional Committees &
Subcommittees
 Gather information
 Oversee actions of executive
agencies
 Expose questionable
activities by public officials
 Promote the interests of
some members of Congress
The Nonlegislative Powers of Congress
Censure
 Congress may censure
someone by issuing a
formal condemnation of
the individual’s actions

Meant to shame the
official—severe
punishment (short of
expulsion)

Only used 4x in history
Charles Rangel—20 term Congressman
1. Create a Venn Diagram
comparing & contrasting:
Strict vs. Liberal
Construction of the Constitution
Include the following:
 Description of viewpoint
 Major Supporter
 Attitude toward use of
implied powers
 Level of government that
should hold the most power
2.
Define each of the following
types of power:
• Expressed
• Implied
• Inherent
&
Provide an example of EACH
power as it pertains to things
that Congress is allowed to do
10
Points
Congressional Checks &
Balances
Congress Organizes
Presiding Officers
Leadership in the House

Strict leadership &
discipline is necessary

435 members

Leadership positions are
organized by party

House reorganizes itself on
opening day

3rd day of Jan. in odd #
years
Freshman Class of the 112th Congress
Speaker of the
House
John Boehner
Majority
Leader
Eric Cantor
Minority
Leader
Nancy Pelosi
Majority Whip
Minority Whip
House Body: Everyone Else
House of Representatives
Speaker of the House






Single-most important
member of Congress
Presiding Officer
Party Leader
Most powerful & visible
Only leadership position
specifically mentioned in
the Constitution
3rd in line for Presidency
*John Boehner (R)--Ohio
The Speaker’s Power






Determine committee
assignments
Preside over House
Interpret rules
Channels bills to committee
Sets agenda & schedules
action
Coordinates policy agenda
with Senate leadership
Majority & Minority Leaders

Main job of both floor
leaders: make sure laws
pass that their parties want

Majority leader= top
assistant to Speaker

Minority leader= leader
of opposition party in the
House
Nancy Pelosi
Eric Cantor
Whips

Assistant Floor Leaders

Deputies responsible for
maintaining party loyalty
& “counting heads” on key
votes

Main role: gather
members support for
legislation
Leadership in the Senate

With only 100 members,
leadership isn’t as rigid—
less formal

Members are on a 1st name
basis with each other

Dramatically different than
the House
Vice President
Joe Biden
President Pro
Tempore
Daniel Inouye
Majority
Leader
Minority
Leader
Majority Whip
Minority Whip
Senate Body: Everyone Else
The Senate
Vice President

Constitution gives VP the
symbolic title “President of
the Senate”


Joe Biden
Little real authority
President Pro Tempore—
leader chosen in absence
of the V.P.
Daniel Inouye
Floor Leaders

Majority & Minority
leaders hold the real
power in the Senate
Powers



Allowed to speak 1st
during debate



Represent Senate to
outsiders

Helped by whips

Schedule floor debate
Determine committees
Select Conference
Committee members
Act as spokespersons
Mobilize support
for/against the President
Committees in Congress
The BIG Idea…
Standing Committees
Definition:
 Permanent group of either House or Senate
members to consider bills on specific subjects
Committee Functions:
 Investigate, evaluate, & sift through proposed bills
Examples: (List on pg. 291)
 Agriculture, Banking & Financial Services, Armed
Forces, Veterans’ Affairs, Science, Ways & Means
Select Committees
Definition:
 Temporary panel set up for some specific purpose
Committee Functions:
 Investigate some current matter for possible new laws or
for special issues
Examples (from 1987):


House Committee to Investigate Covert Arms Transactions w/Iran
Senate Committee on Secret Military Assistance to Iran & the
Nicaraguan Opposition
Joint Committees
Definition:
 Committee composed of members from BOTH
chambers (House & Senate)
Committee Functions:
 Investigates & issues reports, deals with issues
common to both houses, some have routine duties
Examples: (List on pg. 291)
 Economic, The Library of Congress, Printing,
Taxation
Conference Committees
Definition:
 Temporary & composed of members of BOTH
chambers (House & Senate)
ONLY Function:
 Irons out differences between similar bills in the
House & Senate versions—produces compromise
bills
The House Rules Committee

Acts as a “traffic cop”
in the House of
Representatives
Explanation Why:
 Decides the order in
which bills come up
for a vote

Determine the rules
for the length of
debate & opportunity
for amendments
REVIEW:
Congressional Committee System
Standing
Select
Joint
Conference
REVIEW
Congressional Leadership Positions