Chapter 11
Two fundamental facts shape and limit
the powers of Congress:
1) Government in the United States
is limited government.
2) The American system of
government is federal in form.
Federal = Government divided
between national and local.
The Constitution grants Congress
certain powers in three ways:
1) Expressed Powers – Explicit,
specifically worded.
2) Implied Powers – Reasonably
suggested.
3) Inherent Powers – Automatically
presumed.
1) Strict Constructionist – Congress
should only be able to exercise the
expressed powers and the implied
powers that are necessary to carry out
the expressed powers.
2) Liberal Constructionists – Adopt a
liberal interpretation that would give a
broad application of powers given to
Congress.
From Article I, Section 8 of the
Constitution Congress is given 27 explicit
powers.
Because the wording of these powers is
brief, the actions taken by Congress define
the laws.
a) Supreme Court cases decide if
actions of Congress are Constitutional.
b) Many laws are still being defined
today.
1) Power to Tax – A charge levied by the
government on people or property to raise
money for public needs.
2) Power to Borrow – The federal government
many times spends more than it takes in and
so must borrow money to make up the
difference (Deficit Spending).
3) Power to Coin Money and regulate its Value
– The United States government can issue any
thing it considers legal tender.
4) War Powers – Only Congress can declare
war, raise, and support a military.
The President can call up the military but
must inform Congress.
5) Judicial Powers – Congress has the power to
create and structure all courts below the
Supreme Court.
The Constitution creates the Supreme
Court.
The implied powers given to Congress
originate in the Necessary and proper
Clause:
“Congress can make all laws which shall
be necessary and proper for carrying
into execution their expressed powers.”
McCulloch v. Maryland – Landmark case in
which the Supreme Court upheld the
concept of “implied powers “ for Congress.
Non-legislative powers are powers given to Congress
that have nothing to do with lawmaking, but still
have to be done by Congress.
a) Electoral Duties – If no presidential candidate
receives a majority of electoral votes, the House of
Representatives must vote for President.
b) Impeachment Proceedings – Only the House of
Representatives can impeach. Only the Senate can
hold an impeachment trial.
c) Executive Powers – Congress has the power to
confirm any appointee made by the President
(Cabinet members, Federal Marshall, Supreme
Court)
Chapter 12
The Constitution
provides for the
top officers in
each chamber of
Congress:
Senate – The Vice
President serves
as the President of
the Senate.
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The Speaker of
the House is the
presiding officer
in the House of
Representatives.
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President Pro Temp – This man serves
as the presiding officer in the Senate
when the Vice President is absent.
He is 4th in line to the presidency.
Each Party has a floor leader and an
assistant floor leader called the
“whip.”
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The process of a Bill becoming a Law in the
House of Representatives.
A Bill is a proposed law presented to Congress
for consideration.
In the House of Representatives only a member
can introduce a Bill.
The first step is the member must put the Bill
into the “Hopper.”
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There are two types of Bills:
1) Public Bill – Applies to the nation as a whole.
2) Private Bill – Applies to a certain person or
place.
Sometimes a “rider” is attached to a Bill.
Rider – A provision not likely to pass on its
own merit.
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The Clerk of the House numbers each Bill as it is
introduced. (H.R. 1)
All Bills are printed and distributed after
their introduction.
The Speaker of the House then sends each Bill
to a standing committee.
Standing committees act as a filter,
rejecting unworthy Bills.
Most committees do their work through
subcommittees.
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Once debates in committees are done, there are
5 options for the Bill:
1) Pass it to the floor for debate.
2) Refuse to report on the Bill (Bill dies).
3) Report the Bill in amended form.
4) Report a Bill with unfavorable
recommendation.
5) Report a Committee Bill (New Bill
substituted for the old Bill).
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Once a Bill makes it out of committee, it then is
put on a calendar.
At this point the Rules Committee sets a
time for the Bill to be heard on the floor.
Once the Bill reaches the floor 2 things happen:
1) Minor Bills are quickly voted on.
2) Major Bills go before the Committee of
the Whole.
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Committee of the Whole acts just as a large
committee would.
Only 100 members of the House need to be
present.
They will debate the entire Bill.
When the Committee of the Whole is
finished with its work, the Bill then goes
before the entire House for debate.
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Debates are much shorter in the House than in
the Senate – Senate can filibuster.
Filibuster = The attempt to talk a Bill to
death.
Once a member calls for a vote in the House,
debate must end, and a vote must take place.
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The House uses four methods for taking votes:
1) Voice Votes – Ayes and Nays.
2) Standing Vote – Instead of saying yes or no,
members stand for yes and no.
3) Teller Vote – Each Party counts their own
members.
4) Roll Call Vote – Each individual is
called upon to vote.
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Once a Bill has passed the House of
Representatives, it then goes on to the
Senate.
The basic steps for passing a Bill in the
Senate are nearly the same as in the House.
Major difference is in the debate phase –
House debates are limited, Senate debates
are unlimited.
Cloture = A rule to limit a debate.
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If a Bill does not pass through Senate
committees exactly the same as it passed
through the House, then the Bill is sent to
a Conference Committee.
Conference Committee – A
committee made up of members of
each house.
When the Bill passes through the
Conference Committee, it is sent to both
houses for a vote.
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After a Bill has passed through the Senate
unchanged it must be presented to the President.
The President has four options for the Bill:
1) Sign the Bill into Law.
2) Veto the Bill (Congress can override a veto
with a 2/3 majority vote in both houses).
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3) The President can do nothing and
after 10 days it automatically becomes
law (Congress must be in session).
4) Pocket Veto – President can do
nothing and Congress adjourns
within 10 days, Bill dies.
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