ROLE OF CONGRESS IN AN AMERICAN DEMOCRACY - PowerPoint Presentation

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ROLE OF CONGRESS IN AN AMERICAN DEMOCRACY

LESSON OBJECTIVES

EXPLAIN BASIC DIFFERENCES BETWEEN CONGRESS AND THE BRITISH PARLIAMENT

DISCUSS HOW CONGRESS REFLECTS AMERICA’S COMMITMENT TO RESPRESENTATIVE GOVERNMENT AND FEDERALISM

IDENTIFY SEVERAL CONSTITUTIONAL SOURCES OF CONGRESSIONAL POWER

SPECIFY SOME OF THE CHALLENGES THAT MEMBERS OF CONGRESS FACE IN RESPRESENTING AND SERVING THEIR CONSTITUENTS

EVALUATE TAKE AND DEFEND POSITIONS ON CONTEMPORARY ISSUES ABOUT CONGRESSIONAL REPRESENTATION AND ORGANIZATIONSlide3

Us SENATE CHAMBER US HOUSE CHAMBERSlide4

Congress compared to British parliament

Four Essential Differences

1. REPRESENTATION

PARLIAMENT: 18

th

Century houses represented specific parts of society

House of Lords: Inherited their seats from ancestors –peerage

1999 Labor Government abolished the hereditary right

Some hold honorary life peerages—distinguished service -- 1200 members approximately.

House of Commons – preeminent body of Parliament

Elected – 5 year term

Represents a geographic division

Ministers report to the House as a whole and committees

US Congress

House of Representatives:

Represent electoral districts –435 members

Permit frequent turnover -- Elected –2 year term

Senate

Represent states at large -- Less frequent turnover

Enlightened body – 6 year termSlide5

Congress compared to British parliament

SEPARATION

OF

POWERS

Parliament:

Executive and Legislative Branch are linked

Dominant party claims mandate to rule

Prime Minister– leader of that party – chief legislative officer and chief executive officer

Parliament members hold cabinet positions as well

House of Commons determines everything about the government

US Congress

Article I Section 6 : Forbids an arrangement such as Parliament – cannot hold another national office

Branches are separate and coequal

Limited role in selection of president and cabinet

Houses are equally powerful; check each otherSlide6

Congress compared to British parliament

Length of terms

Parliament:

House of Commons: Elections not on a fixed schedule

At least every 5 years – but can be sooner

PM can call for an earlier election – to win more seats

If the majority party loses a vote – signals no

confidence

in PM – may trigger election

US Congress

Faces election on a schedule regardless of popularity

House – 2 Senate – 6

Senate is staggered 1/3 at a timeSlide7

Congress compared to British parliament

Federalism: Geographic distribution between a central government and regional governments

Parliament:

Local Governments – administrative units of the central government

Power delegate to them by the national government

Congress

State legislatures also wield considerable powerSlide8

Constitutional powers of congress

Limitations on Congressional Power

Article I Section 8 : Limits Congress’ powers to those therein – in addition to 17 specific powers. 18

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power is the Necessary and Proper Clause.

Article I Section 9: What Congress cannot legislate:

Taxes on exports from any state

Cannot draw money from the Treasury – except appropriations

Bill of Rights

List of rights which Congress shall not infringe upon. “Congress shall make no law….”

Despite these limitations….Congress has far reaching power.Slide9

Enumerated powers

Enumerated – expressed powers

Article I Section 8 – Regulate Commerce with Indian Tribes

Under John Marshall Court defined Congress’ commerce power broadly

Allowed the court to regulate:

Child labor

Manufacturing

Farm production

Wages

Work hours

Labor Unions

Civil RightsSlide10

Strict vs. Liberal

Strict Constructions

Led By Jefferson

Only allowed to exercise:

Expressed- given specifically

Implied- only those ABSOLUTELY necessary to do the work of the government

The government that governs the best, governs the least.

Government is not the solution, it’s the problem.Slide11

Strict Continued

Understood and acknowledged:

Need to protect interstate trade

Need for a strong national defense

Feared a strong national government

Believed that states could best serve the interests of the people.

Govern at the lowest level

States have more information about the problemsSlide12

Liberal Constructionists

Led by Alexander Hamilton

Liberal interpretation of Constitution

Broad view of powers given to congress

Victory of ratification of the Constitution

Government is has grown dramatically

Americans have typically viewed government with trust

Allowed for the expansion of power/liberal and broader viewSlide13

Granted and Denied

Congress

has only the powers granted in the constitution

Expressed: In so many words

Implied: Are reasonably suggested

Inherent: Those normally belonging to a national government

Powers are also denied to the Congress

Expressed: In so many words

Silence

Federal SystemSlide14

Congressional Powers

Article II

Consent on treaties and appointments

Article III

Has appellate jurisdiction over Supreme Court and to create lower courts

Article IV Congress can admit new states; adopt rules and regulations for US Properties and Territories

Article V Congress can propose new amendments to the ConstitutionSlide15

Expressed Powers: Money and Commerce

Power to tax

Article I, Section 8, Clause 1

Purpose of taxation

Tax: charge levied by government on persons or property

Tariff: tax levied against importsSlide16

Limits on taxing power

Congress may only tax for public purposes

Congress may not tax exports

Must be apportioned to the States according to populationSlide17

Types of Taxes

Direct: one paid by the one who it is imposed upon.

Indirect tax: paid by one person, but then passed on to another.Slide18

Borrowing Power

Deficit financing

Deficit: Spending more that you take in.

Historically used to fund crisis such as wars.

Public Debt: All of the borrowed by the government.

1997:Balance Budget Act of 1997

Republican Contract with America

Economy grew out of debtSlide19

Other Expressed Powers

Foreign Relations Powers

War powers and power to regulate foreign commerce

Power to act upon matters affecting security

War Powers

Declare war

Raise armies

Restrict use of American forces in combat if there is not a state of war.Slide20

Expressed Cont…

Naturalization

Postal Power

Copyright

Weights and measures

Power over territories and other areas

Eminent domainSlide21

Implied powers

Implied powers – reasonably implied or suggested

Necessary and Proper

The concept of implied powers was tested by the case McCulloch v. Maryland

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Secretary of Treasury, Alexander Hamilton proposed the creation of a national bank

Supreme Court held that the Necessary and Proper Clause – Congress’ power to coin money and the Necessary and Proper Clause gives Congress the ability to create a national bank. The court also held that the states did not have the power to tax the national bank – a serious blow to state power

Laws passed by Congress are written in general form

Expect administrative agencies to formulate rules that are more specific

Congress has created many agencies –

originate

in Executive Branch– but Congress provides “Congressional Oversight”Slide22

Enforcement powers

13

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Amendment – outlawing slavery gave Congress the authority to enforce it “by appropriate legislation”

14

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, 15

th

19

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, 23

rd

,24

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and 26

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Amendments have also expanded the power of Congress

1960-1970: Congress used it’s enforcement powers

Interstate commerce

Civil rights

Voting rights

Employment laws

Heart of Atlanta Motel v. US 1964 – could not discriminate against African Americans – business served interstate travelers

Shifted power away from the states.Slide23

Inherent Powers

Appointments by the President must go through the Senate by majority vote.

Treaties

Investigatory Power

Gather info

Oversee agencies

Focus public attention

Expose questionable behavior

Promote topics of interestSlide24

Non-legislative Powers

Propose amendments

Elect a president and vice president-if necessary

Impeachment/Acquittal

Johnson – violation of the Tenure Act

Clinton – Perjury and obstruction of justice

Nixon-Impeached or not????Slide25

Districting for Congress

Westberry

v. Sanders – one person, one vote

Districts must be mathematically equal to each other

Drawn based on population

Population based upon the 10 year census

Gerrymandering

Senate does not have districting issues – at large

1913 17

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Amendment – direct election of senators – statewide elections

1913 Congress fixed the House of Reps at 435

4 Reps for District of Columbia, America Samoa, Guam, and the Virgin Islands; 1 Resident Commissioner for Puerto Rico

Constituent – citizen represented by an elected public officialSlide26

House Qualifications

Formal

25

Citizen for 7 years

Inhabitant of the home state they represent.

Custom that they live in the district they represent.Slide27

Senate

Size

2 Senators from each state

17 amendment

Fill at special election

Appt by governor

Only 1/3 expire every two years.Slide28

Senate Qualifications

30

Citizen 9 years

Live in the state you representSlide29

House and Senate Informal

Qualifications

Party identification

Name familiarity

Gender

Ethnic characteristics

Political ExperienceSlide30

What is the job of a Congressman?

Legislator

Representative

Committee member

Servant to the constituents

PoliticiansSlide31

Representatives of the people

Trustee –every question on merit

Politicos – balancing all roles

Committee members – screen resolutions; oversight function

Franking privilege (mail)Slide32

Serving their Constituents

Communications:

Letters

Newsletters

Websites

Media appearances

Blogs

Town hall meetings

Other personal appearances

Case work

Staffers

Help constituents solve their problems -- Deal with agencies

Arrange tours

Constituents

Close ties

Introduce legislation