CONGRESS CHAPTER 5
LEGISLATION BEGINS…
• MAKE-UP: 535 MEMBERS
• 100 SENATORS
• 435 HOUSE OF REPRESENTATIVES
“CONGRESSPERSON” APPLIES TO ANY
MEMBER OF CONGRESS
MEET: JAN. 3, LASTS FOR 2 YEARS
SPLIT IN 2 SESSIONS, EACH FOR 1 YEAR
USUALLY LEAVE FOR BREAK NOV.
REQUIREMENTS
• HOUSE OF REPS MEMBER
• SENATOR
• 25 YEARS OLD
• 30 YEARS OLD
• RESIDENT OF STATE YOU REPRESENT
• RESIDENT OF STATE YOU REP.
• CITIZEN OF US AND STATE FOR 7
YEARS PRIOR TO RUNNING FOR
OFFICE
• CITIZEN OF US AND STATE FOR 9
YEARS PRIOR
NUMBERS…
• ORIGINALLY, 1 REP FOR EVERY 30,000 PEOPLE
• TODAY, 1 REP FOR EVERY 650,000 PEOPLE
• IF USING ORIGINAL FORMULA, WOULD BE 8,500
REPS
• 435 APPORTIONED (DIVIDED) BY POPULATION
• DECIDED BY CENSUS (COUNT OF PEOPLE)
• DONE EVERY 10 YEARS
CHARACTERISTICS (TYPICAL) OF
CONGRESSPERSON
• WHITE, MIDDLE-CLASS, LAWYER, MALE
• HIGH % ARE INCUMBENTS (PREVIOUS OFFICE HOLDER)
• ABOUT 90% WIN RE-ELECTION
EXPERIENCE CAMPAIGNING
VOTER RELATIONSHIPS
$$ FROM PACS (POLITICAL ACTION COMMITTEE)
NAME RECOGNITION ON ELECTION DAY
DEMOGRAPHICS OF CONGRESS – 114TH
(2014-2015)
• HOUSE OF REPS:
• SENATE:
• 248 REPUBLICANS
• 54 REPUBLICANS
• 193 DEMOCRATS
• 44 DEMOCRATS
• 2 INDEPENDENTS (VOTE DEM)
• JOHN BOEHNER, SPEAKER OF
THE HOUSE
• HOUSE LEADER
• MITCH MCCONNELL, SENATE
LEADER
DEMOGRAPHICS, CON’T.
• AVERAGE AGE: 61 SENATE-57 IN HOUSE
• LARGE % COLLEGE EDUCATION
• MOST IDENTIFY AS CHRISTIAN; LARGE % CATHOLIC
• 81 WOMEN IN HOUSE – 20 IN SENATE
• 46 BLACKS IN HOUSE – 2 IN SENATE
• 38 HISPANICS IN HOUSE – 4 IN SENATE
• 12 ASIANS IN HOUSE – 1 IN SENATE
• 2 NATIVE AMERICANS IN HOUSE
DEMOGRAPHICS, CON’T.
• 2 MUSLIMS – HOUSE OF REPRESENTATIVES
• OLDEST SENATOR: DIANE FEINSTEIN, (CA) 81
• YOUNGEST SENATOR: TOM COTTON, (AR) 37
• 16 CONGRESS BORN OUTSIDE OF US
• 101 VETERANS (81-HOUSE, 20-SENATE)
POWERS OF CONGRESS
• POWERS NOT SPECIFICALLY GIVEN TO FEDERAL GOVERNMENT
ARE DENIED TO IT.
• FIRST 17 CLAUSES OF CONSTITUTION ARE EXPRESSED
(NUMBERED) POWERS
• CONGRESS MAY ALSO INTERPRET THE CLAUSE TO MAKE IT FIT
WITHIN THE JOB (NECESSARY AND PROPER CLAUSE)
• THEY CAN DO WHATEVER IS NECESSARY TO GET JOB DONE
• HAS LED CONGRESS TO USE “IMPLIED” POWERS – (ELASTIC CLAUSE)
TO STATE OTHER POWERS ARE DENIED
CONGRESSIONAL VIEWS
STRICT CONSTRUCTIONIST
• BELIEVES THAT ALL LAWS MUST
FOLLOW CONSTITUTION
• DID NOT BELIEVE “NECESSARY
AND PROPER” SHOULD EVER BE
USED
LOOSE CONSTRUCTIONIST
• TAKES LIBERTY WITH
“NECESSARY AND PROPER”
CLAUSE TO ALLOW MORE
CONGRESSIONAL ACTIONS
MCCULLOCH V. MARYLAND: 1819
JAMES MCCULLOCH
• WORKED, MANAGER OF 2ND
NATIONAL BANK OF US IN
BALTIMORE
• REFUSED TO CHARGE TAX TO
BANK CUSTOMERS FOR
MARYLAND
MARYLAND
• PASSED A TAX ON ALL BANK
TRANSACTIONS
• TOLD J.M. TO COLLECT TAX
FOR THEM
• THEY SUED J. M.
• MARYLAND WON
LAWSUIT…BUT…
SUPREME COURT DECIDED…
• CHIEF JUSTICE JOHN MARSHALL
• SAID THE FEDERAL GOVERNMENT WAS THE “LARGER AUTHORITY”
• SAID MCCULLOUGH DID NOT HAVE TO COLLECT TAX FOR
MARYLAND
• UPHELD THE PRINCIPLE OF “IMPLIED” POWERS
• ENLARGED THE POWER OF FEDERAL GOVERNMENT
• FEDERAL GOVERNMENT IS NOT SUBJECT TO ANY STATE
EXPRESSED POWERS OF CONGRESS (8)
• 1. FOREIGN POLICY**
• APPROVE TREATIES
• DECLARE WAR
• CREATE & MAINTAIN MILITARY
• REGULATE MILITARY (RULES)
• REGULATE FOREIGN COMMERCE
**CONGRESS HAS DECLARED
WAR 6 TIMES
PRESIDENT HAS USED HIS POWER
OF EMERGENCY USE OF FORCE
+160 TIMES
KOREA/VIETNAM
WAR NEVER DECLARED FOR
EITHER
POWERS, CON’T.
• 2. WAR POWERS ACT 1973
• PASSED BY CONGRESS (VETOED
BY NIXON-CONGRESS
OVERRODE HIM)
• FORBIDS PRESIDENT FROM
SENDING TROOPS +60 DAYS
WITHOUT CONGRESS APPROVAL
• PRESIDENTS HAVE PROTESTED
THIS LAW
• TRIED TO HAVE IT REPEALED
POWERS, CON’T.
• 3. NATURALIZATION
• CONGRESS CONTROLS THE
MANNER IN WHICH
IMMIGRANTS BECOME
CITIZENS
• 4. MANAGEMENT OF FEDERAL
PROPERTIES
• CONGRESS DECIDES WHEN AND IF
NEW TERRITORIES BECOME STATES
• CONTROLS ALL FEDERALLY OWNED
LANDS
• MILITARY BASES, NATIONAL PARKS
• CONTROL ANY CHANGES TO
THOSE LANDS
POWERS, CON’T.
• 5. COPYRIGHTS
• CONGRESS HAS EXCLUSIVE
RIGHT TO DEFINE COPYRIGHT
(ABILITY TO PUBLISH OR SELL
ORIGINAL WORK)
• CONGRESS HAS SET 17 YEARS
AS TIME YOUR ORIGINAL
WORK PROTECTED
POWERS, CON’T.
• 6. PRESIDENTIAL SELECTION (IF NO MAJORITY IN ELECTORAL
COLLEGE)
• HOUSE OF REPS WILL SELECT PRES
• SENATE WILL CHOOSE VICE-PRES
• ONLY 2 TIMES HAS THIS HAPPENED:
• 1800 HOUSE ELECTED THOMAS JEFFERSON OVER AARON BURR
• 1824 HOUSE ELECTED JOHN Q. ADAMS OVER ANDREW JACKSON
• (CORRUPT BARGAIN) – JACKSON SAID
6TH POWER, CON’T.
• 20TH AMENDMENT: GAVE CONGRESS POWER TO SETTLE ISSUES
RELATED TO DEATH OF PRESIDENT
• 25TH AMENDMENT: GAVE CONGRESS AUTHORITY TO APPOINT
VICE-PRES IF DIE IN OFFICE OR RESIGN**
• **HAPPENED 2 TIMES IN 1970’S
• SPIRO AGNEW
• RICHARD NIXON
POWERS, CON’T.
• 7. PRESIDENTIAL IMPEACHMENT
• IMPEACHMENT: POWER TO REMOVE AND FEDERAL OFFICIAL FROM
OFFICE
• TRIAL; CHARGES BROUGHT BY HOUSE OF REPS
• TRIED BY SENATE
• 2/3 OF CONGRESSMEN MUST VOTE GUILTY FOR CONVICTION
AND REMOVAL
• CHIEF JUSTICE OF SUPREME COURT PRESIDES
IMPEACHMENTS
• 2 PRESIDENTS ENDURED PROCESS:
• 1. ANDREW JOHNSON 1868
• NOT CONVICTED BY 1 VOTE
• 2. WILLIAM CLINTON 1999
• NOT CONVICTED
• ***RICHARD NIXON WOULD HAVE BEEN IMPEACHED, BUT RESIGNED
POWERS, CON’T.
• 8. CONFIRMATION POWER
• SENATE MUST CONFIRM ALL PRESIDENTIAL APPOINTEES FOR FEDERAL
POSITIONS AND HIGH OFFICES
• CABINET
• MILITARY
• SUPREME COURT
CONGRESS HAS $$$ POWER TOO…
• 1. TAXING AND SPENDING
• EX. PERSONAL INCOME TAX
• DEATH TAX ON INHERITANCE
• NO GOV’T AGENCY CAN SPEND $$ WITHOUT CONGRESSIONAL OK
WAYS CONGRESS MANAGES $$
1. REVENUE BILLS
2. APPROPRIATIONS BILLS
• MUST BEGIN IN HOUSE-MOVE
TO SENATE
• PROPOSED LAWS TO
AUTHORIZE SPENDING $$
• MEANS LARGE STATES CANNOT
IMPOSE HIGH TAX ON SMALL
STATES OR VICE-VERSA
• USUALLY COMES FROM
PRESIDENT’S PROPOSED
BUDGET
$$$, CON’T.
3. REGULATORY POWER
• CONGRESS REQUIRES
AGENCIES AND ENTITIES TO
FOLLOW CERTAIN RULES FOR
CONTINUED $$
4. SIN TAX
• CONGRESS TAXES BEHAVIORS
• ALCOHOL
• TOBACCO
• TO DISCOURAGE THEIR USE
$$$, CON’T.
• 5. REGULATION OF ECONOMY
• CONGRESS RAISE OR CUT $$ TO STIMULATE OR SLOW ECONOMY
• CAN GIVE TAXPAYERS MORE $$ TO SPEND IF THEY LOWER TAXES
• TO SLOW ECONOMY, CONGRESS RAISE TAXES
CONGRESS MAY BORROW $$$ FROM PEOPLE
(NATIONAL DEBT)
• TODAY’S NATIONAL DEBT IS $17 TRILLION
• HELPS PAY FOR COST OF RUNNING GOVERNMENT
• MOST COMMON FORM OF BORROW IS SELLING US BONDS (CHINA
BUYS A LOT)
• SELL TREASURY NOTES ALSO ( LOAN TO GOVERNMENT WITH
PROMISE OF REPAYMENT + INTEREST)
• GOVERNMENT BUYS T-NOTES BACK LATER
• USUALLY IN 3 MONTHS, COULD BE UP TO 30 YEARS
CONGRESS CONTROLS $$$
• 1. COINS $$
• ONLY 1 AUTHORIZED TO PRINT $$ (MINT)
• MUST BE “LEGAL TENDER” – ACCEPTABLE ALL US STATES/TERRITORIES
• 2. PUNISHES COUNTERFEITERS
• SECRET SERVICE PUNISHES ANYONE WHO TRIES TO PRINT $$
• 3. REGULATES BANKRUPTCIES
• LEGAL PROCEEDING TO AVOID BILLS
• ALL CASES MUST BE HELD IN FEDERAL COURT
• OKLAHOMA HAS 2: MUSKOGEE AND LAWTON
CONGRESSIONAL OVERSIGHT
• 4. OVERSIGHT: THE POWER TO OBSERVE AND CORRECT BEHAVIOR OR
ACTION
• CONGRESS HAS INVESTIGATED WRONGDOING WITHIN THE EXECUTIVE
BRANCH: FROM BOTTOM TO THE TOP
• SUBPOENA: LEGAL ORDER COMMANDS SOMEONE TO APPEAR IN COURT
• ANYONE OVER 18 CAN SERVE SUBPOENA
• FAILURE TO APPEAR CAN GET YOU ARRESTED
• (BENCH WARRANT)
• YOU CAN GET JAIL OR FINED
RULES FOR SUBPOENA
• TRAVEL EXPENSES MUST BE PAID FOR WITNESS
• EITHER SIDE OF CASE MAY SUBPOENA A WITNESS
• RECORDS MAY BE REQUESTED ALSO
• CELL PHONES, BILLS, OR OTHER DOCUMENTS
• SUBPOENA DUCES TECUM
TESTIFY???
• GIVING SWORN TESTIMONY
• MUST ANSWER ALL QUESTIONS
• FACE OBSTRUCTION OF JUSTICE CHARGES
• MUST BE TRUTHFUL
• IF NOT, YOU CAN BE TRIED FOR PERJURY
• (LYING ON WITNESS STAND)
INVESTIGATIONS
• CONGRESS:
Congress also looked at military for wrongdoing
1st investigation: 1792
General Authur St. Clair lost 367 troops
Battle against Shawnee & Miami Indians in Ohio
War dept. demanded to see records
Why lose???
President Washington forced them to give
info up
SCANDALS…
• 19TH CENTURY:
• 1. MILITARY ACTION IN CIVIL WAR
• 2. KKK VIOLENCE AFTER CIVIL WAR
• 3. PURCHASE OF ALASKA (SEWARD’S FOLLY)
• 4. BRIBERY & EXTORTION (RAILROAD CONSTRUCTION) – PAID TO
CONGRESSIONAL MEMBERS
MORE SCANDALS…
• 1923: PRES. WARRAN G. HARDING’S
• ALBERT FALL (PRISON) OVER ILLEGAL LAND DEAL/GAS & OIL $$$
• 1930’S: STOCK MARKET CRASH & DEPRESSION
• 1940’S -50’S: COLD WAR
• “RED SCARE”
• MCCARTHYISM
• HOUSE UNAMERICAN COMMITTEE (HUAC)
• MODERN DAY WITCH HUNT
CONGRESSIONAL COMMITTEES (4)
• 1. STANDING: PERMANENT GROUP TO OVERSEE BILLS
• 2. SELECT: TEMPORARY, TO STUDY ONE SPECIFIC ISSUE AND REPORT ON
• 3. JOINT: PERMANENT, BIPARTISAN (BOTH PARTIES) TO DISCUSS AND
REPORT BACK TO HOUSE THEY REPRESENT
• 4. CONFERENCE: TEMPORARY, BIPARTISAN, TO DISCUSS AND REPORT WHEN
BOTH HOUSES HAVE PASSED DIFFERENT VERSIONS OF SAME BILL
• SENATE VERSION IS CALLED “MARKED-UP”
• TO WORK ON COMPROMISE
CONGRESSIONAL STAFF (4 LEVELS)
• 1. PERSONAL: WORK DIRECTLY FOR CONGRESS-PERSON
• DUTIES VARY, # OF STAFF DEPENDS ON REP. POPULATION
• 2. COMMUNAL: WORKS FOR MANY CONGRESS-PEOPLE
• 3. ADMINISTRATIVE ASSISTANT: LEGISLATIVE AIDES
• MANAGES OFFICE, SETS SCHEDULE
• 4. LEGISLATIVE ASSISTANT:
• KEEPS LEGISLATOR INFORMED ON ALL BILLS UPCOMING
• RESEARCH AND WRITE SPEECHES
CONGRESSIONAL AGENCIES (4)
• 1. LIBRARY OF CONGRESS
• 2. CONGRESSIONAL BUDGET OFFICE
• COORDINATE BUDGET-MAKING ARM OF CONGRESS
• STUDY PRESIDENT’S PROPOSED BUDGET (APPROVE/DENY)
• 3. GENERAL ACCOUNTING OFFICE:
• OVERSEE ALL CONGRESSIONAL SPENDING ($$$)
• MANAGE ALL FINANCIAL ASPECTS OF ALL GOVERNMENT PROGRAMS
4. GOVERNMENT PRINTING OFFICE
SENATE AT WORK
100 DESKS (SEMI-CIRCLE)
REPUBLICANS SIT ON RIGHT SIDE
DEMOCRATS SIT ON LEFT
SEPARATED BY WIDE AISLE
SENATE HAS MORE FLEXIBILITY IN RULES
SENATORS ARE ENCOURAGED TO
INVESTIGATE ALL SIDES ON ANY BILL
PROPOSED
JOE BIDEN, VICE-PRESIDENT
PRESIDENT OF SENATE
DOESN’T VOTE IN SENATE UNLESS A TIE
EXISTS
DOES NOT ENGAGE IN DEBATE
NOT ALWAYS PRESENT FOR SENATE
MEETINGS, “PRESIDENT PRO-TEMPORE” TAKES
OVER FOR BIDEN WHEN NOT THERE
HARRY RIED, DEMOCRAT (NEVADA)
SENATE LEADER
(MAJORITY PARTY SELECTS)
PLANS THE WORK OF SENATE
SETS CALENDAR (2)
1. CALENDAR OF GENERAL ORDERS
1.
LISTING OF ALL BILLS SENATE WILL HEAR
2. EXECUTIVE CALENDAR
SCHEDULE FOR ALL TREATIES AND PRES.
NOMINATIONS TO HEAR
MITCH MCCONNELL, REPUBLICAN,
(KENTUCKY)
MINORITY LEADER
PUTS TOGETHER ANY CRITICISM OF BILLS
WRITTEN BY MEMBERS OF MAJORITY PARTY
PROPOSES ALTERNATIVE BILLS
PATRICK LEAHY, DEMOCRAT
(VERMONT)
PRESIDENT PRO-TEMPORE
SITS IN AS SENATE CHAIR WHEN BIDEN NOT
THERE
CONGRESSIONAL FUN FACTS…
• REPRESENTATIVES MAKE $174,000 YEAR
• SPEAKER OF HOUSE: $223,500 : JOHN BOEHNER
• MAJORITY LEADERS (BOTH HOUSES) $193,400
• +SENATE LEADERSHIP TEAM
• FIRST FEMALE ELECTED TO CONGRESS: HATTIE CARAWAY, 1932
• FIRST FEMALE IN SENATE WAS REBECCA LATIMER FELTON, 1922 (FOR 1 DAY)
LEGISLATIVE MANEUVERS
• WAYS TO BLOCK LEGISLATION: FILIBUSTER
• MOST FAMOUS JUNE 12, 1935: HUEY LONG (LA) 15 HOURS, 30 MINUTES
• READ/ANALYZED CONSTITUTION
• 1. FILIBUSTER:
• SENATORS DEFEAT A BILL BY TAKING FLOOR AND KEEP TALKING
• FOR 3 HOURS MUST TALK ABOUT BAD PARTS OF BILL, AFTER THAT CAN TALK ABOUT
ANYTHING
• AUTHOR OF BILL MAY WITHDRAW IT, OR SENATE LEADER TAKES IT OFF CALENDAR
• FILIBUSTER CAN ONLY BE STOPPED BY INVOKING CLOTURE (VOTE OF SENATE)
• SPEAKER MUST STOP WITHIN 1 HOUR
PRESIDENT BARACK OBAMA
CONGRESS & PRESIDENT
RELATIONSHIP BUILT ON MUTUAL RESPECT,
NOT ALWAYS ADMIRATION
PRESIDENT HAS AUTHORITY TO VETO
LEGISLATION
CONGRESS HAS POWER TO OVER-RIDE
PRESIDENT’S VETO
2/3 BOTH HOUSES OF CONGRESS MUST
VOTE FOR OVER-RIDE
(1789-2004 ONLY HAPPENED 106/1,484
TIMES)
CONGRESS & PRESIDENT
• PRESIDENT:
Within 10 day period, president may send
unsigned bills back to congress
Congress can rewrite, try again to get presidential
signature…OR
President can:
“line-item veto”; cancel any part of a bill that he dislikes
DEATH OF BILL???
• WHILE CONGRESS IN SESSION, IF BILL UNSIGNED OR SENT BACK WITHIN 10
DAYS, IT BECOMES LAW
• AFTER CONGRESS ADJOURNS (CLOSES), PRESIDENT CAN SIMPLY REFUSE TO
SIGN IT (POCKET VETO)
• BECAUSE THEY’RE NOT IN SESSION, THEY HAVE NO WAY TO OVER-RIDE HIS
POCKET VETO
PRESIDENTS & CONGRESS
• USE OF EMERGENCY POWERS,
• PRESIDENT HAS:
• “INHERENT POWERS” TO USE HERE AND ACROSS WORLD
• MOST COMMON FORM IS TO DECLARE STATE OF EMERGENCY
• CALL OUT AGENCY TO DEAL WITH
• FEMA (FEDERAL EMERGENCY MANAGEMENT AGENCY)
• DEPT OF ARMED FORCES (MILITARY INTERVENTION)
• PRES. LINCOLN USED INHERENT POWERS (CIVIL WAR)
• PRES. F. D. ROOSEVELT CLOSED ALL BANKS (DEPRESSION)
• PRES. TRUMAN NATIONALIZED ALL US STEEL MILLS
• PRES. NIXON TOOK US OFF GOLD STANDARD
• PRES. REAGAN STOPPED AIR-TRAFFIC CONTROLLERS STRIKE