Civics Main Idea Congress represents the people and enacts laws in their name playing a vital role in our governments system of checks and balances Essential Question What powers does the Constitution give to Congress ID: 780793
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Slide1
U2C5 Congress: The Legislative Branch
Civics
Slide2Main IdeaCongress represents the people and enacts laws in their name, playing a vital role in our government’s system of checks and balances.
Slide3Essential QuestionWhat powers does the Constitution give to Congress?
Slide45.1 CongressMembers of Congress strive to meet interests of constituents as well as country as a whole
Bicameral legislature with a House of Representatives and a Senate
Is vital in system of checks and balances
Slide5Congress and the PeopleArticle I of the Constitution gives lawmaking power to CongressConstituents:
people who live within the area that members of Congress representConstituents’ interests may be economic, philosophical, or personal and are often in conflict, complicating the job of a member of Congress
Interest groups also try to influence members of Congress
Slide6Members of CongressTend to be older and wealthier then the general populationTend to be white males110
th Congress elected first female Speaker of the House, Nancy Pelosi (D, California)112
th
Congress (2011) had an all time high number of African Americans and women
Slide7The Structure of CongressBicameral legislature; House of Representatives and the SenateHouse of Representatives:
seats awarded to states by apportionment- distributed to states based on population so
each represents about the same number of people
, with each state having at least one
Total seats in
435
, fixed by law in 1929
District of Columbia, Guam, U.S. Virgin Islands, American Samoa have nonvoting delegates
All seats contested at the same time
Slide8Congress and Checks and BalancesThe Power of the Purse: Congress alone has the power to approve spending by the federal government through a special type of act called an
appropriation
Slide9Impeachment PowerImpeachment: Congress has the power to charge officials in the executive and judicial branches with wrongdoing and bring them to trial
Charges begin in the House, trial in Senate, where the vice president serves as judge, unless the impeachment is of a president of vice president in which case the Chief Justice of the United States serves as judge
For cases of treason, bribery, or “high crimes and misdemeanors”
17 officials have been impeached including Presidents Andrew Johnson in 1868 and Bill Clinton in 1998. Nixon resigned before he could be impeached
Slide10Other Checks and BalancesOversight: Congressional power to review how the executive branch is operating and to make sure it is following the laws Congress has passedCongress can override a presidential veto by a two-thirds vote, about 100 vetoes or 4% have been overridden since 1789
Slide115.2 The Powers of Congressexpressed:
Art.1 Sec.8 lists 18 specific powers-coining $, collecting taxes, regulating commerce, raising and maintaining armed forces, declaring war
implied:
powers suggested Art.1 Sec.8 Clause18 “make all laws which shall be necessary and proper”
inherent:
all governments of independent nations possess
denied:
framers wanted limited government, Art.1 Sec.9 lists powers denied Congress
Slide12Defining the Powers of CongressExpressed Powers: 18 specific powers that Congress is meant to yield (coining money, collecting taxes)Implied Powers: those suggested by the Constitution…Article1, Section 8, Clause 18: gives powers to “make all Laws which shall be necessary and proper for carrying into execution the expressed Powers and all other Powers vested by this Constitution in the Government of the United States” known as elastic clause or
necessary and proper cause Inherent Powers: powers that all governments of independent nations possess (control borders and make agreements with other nations)
Powers Denied Congress:
Framers believed in limited government in general, listed in Article 1, Section 9
Slide13Expressed Powers of CongressFinancing Powers: original major source-tariffs. indirect tax
: paid by one person, passed on to the government by another group-gas, liquor, airline tickets. Direct tax: paid by an individual to the gov’t.
deficit:
when there is not enough money to cover expenses (emergency or war)
Commerce Power:
regulation of interstate commerce.
Commerce clause:
Congress’s commerce power
Defense-Related Powers:
Constitution splits responsibility for defense between Congress and the President
Other Expressed Powers:
aimed to aid the national economy or safeguard national sovereignty (coinage, postal, copyrights, patents
Slide14Gibbons v. Ogden (1824)The first case in which the Supreme Court ruled on the Constitution’s commerce clause, which concerns Congress’s power to regulate interstate commerce
Underlies congressional action on many issues of morality, criminal activities, the minimum wage, racial discrimination in hotels, restaurants, and other public places, and other areas seemingly unconnected to interstate commerce
Slide15Implied Powers of CongressThe final clause of congressional powers: “the necessary and proper clause,” allows Congress to take actions needed to carry out the expressed powersLoose constructionists: Federalists like Hamilton, wanted congress to have freedom to act vigorously
Strict constructionists: Anti-federalists like Jefferson felt that one step beyond constitutional boundaries would allow Congress to take possession of “a boundless field of power”
Slide16Nonlegislative PowersBoth can propose amendments, conduct investigations, confirm presidential nominations, call witnesses, issue subpoenassubpoenas: legal documents that require a person to testify in a certain matter
House Powers: choose president if no majority in electoral college, happened in 1800 & 1824Senate Powers: chooses a vice president if no majority in electoral college, provides consent on executive and judicial appointments, must approve treaties for them to go into effect
Slide17Limits on the Powers of CongressThe separation of powers, which distributes government powers among three branches, is the strongest check on congressional power
writ of habeas corpus: a court order that forces the police to present a person in court to face charges
bill of attainder:
a law that punishes a person without trial. Congress cannot pass this
ex post facto laws:
criminalizing an action that took place in the past and that was legal at the time, likewise forbidden by the Constitution. (from after the fact)
Slide18The Changing Power of CongressThe power of congress has only grown since the days of Hamilton and JeffersonNew programs were created by FDR as a result of the Great Depression: Social Security, unemployment insurance
Post WWII: U.S. Air Force, C.I.A., 1950s-NASA established to counter Soviet Union’s space programCongress has significantly delegated some of its powers to new federal agencies, but retains oversight and continues to spar with the Executive Branch for power-exactly what the Framers wanted
Slide195.3 The House of RepresentativesMembership is apportioned based on state population
The Speaker of the House is number 3.
Relies on a committee system for business
Slide20House of Representatives: Quick FactsSalary: house member-$174,000; Speaker-223,500Term: 2 yearsBenefits and privileges: tax deduction for 2 residences, travel allowances, staff, health and retirement benefits, franking privilege (free mail to constituents), free printing, use of gym, restaurants, and other amenities in the Capitol, legal immunity for statements made while Congress is in session
Slide21Membership in the HouseFormal qualifications: 25 yrs. Old, U.S. citizen at least 7 yrs., a resident of the state he or she representsHouse members can be expelled for any reason, but must have two-thirds majority vote; happened 5 times
Informal qualifications: must appeal to voters (military heroes, actors, athletes), and must have money (avg. 1.5 million per seat)
Slide22Reapportionment and RedistrictingReapportionment occurs every 10 years after the censusGerrymandering occurs since redistricting is the responsibility of state governments, who give their party the best chance of winning
Wesberry v. Sanders (1964) ruled that congressional districts must be roughly the same population
Slide23Leadership in the HouseSpeaker of the house is the presiding officer and most powerful memberConstitution is silent on powers; based on traditionPresides over debates, assigns bills to committees
Second in line to the VP for presidency Floor leaders help keep members united behind common positions
Whips encourage votes for what party leadership wants
Slide24The Role of CommitteesStanding committees are permanent committees, the house has 20, committee on Ways and means is the powerhouseSelect committees: investigations, limited durationJoint committees: address issues in both chambers
Committee chairs have great powerMost serve on 2 standing committees and 4 subcommittees
Committees have over 150 staff to assist
Slide255.4 The Senate2 Senators from each state
Originally chosen by state legislatures, now by popular election due to 17th
Amendment in 1913 making it more democratic
Serve 6 year terms with one-third of the seats coming up every 2 years to prevent major changes
Slide26Senate: terms, salary, benefits and privilegesSalary: senator-$174,000, president pro tempore-$188,100, majority and minority leaders-$193,000Term: 6 yearsBenefits and privileges: tax deduction for 2 residences, travel allowances, staff, health and retirement benefits, franking privilege (free mail to constituents), free printing, use of gym, restaurants, and other amenities, legal immunity for statements made while congress is in session
Slide27The Senate and Its Membership Called the upper house; it is more prestigious, senators are know throughout their statesFormal Qualifications: at least 30 yrs. Old, U.S. citizen for 9 yrs., resident of the state represented
1913: popularly elected due to 17th Amendment
Informal qualifications: tend to be older and wealthier than house, less diverse-16 women, 1 African Am. 2 Asian Am., 2 Hispanic Am. In 2011
Slide28Senate LeadershipLeadership is generally less powerful, president of the senate in the V.P., president pro tempore acts in his absenceSenate majority leader is most powerful positionAlso have minority leader and whips
Slide29Committees in the SenateSimilar to the house: 16 standing committees and dozens of subcommitteesServe on 3 committees, 5 subcommitteesSenate committee power: presidential nominees, treaties (must receive two thirds vote to become law)
Slide30Rules and traditionsSenate places few limits on debate: “filibuster”Discipline: can vote to expel members for poor conduct with a two-thirds majority vote
Slide31The Power of Advice and ConsentAny treaty negotiated by a president is put to a vote in the Senate, must receive two-thirds vote to become lawSenate can also reject presidential appointees: Reagans Supreme Court nominee in 1987, Robert Bork was not confirmed
Slide325.5 The Legislative ProcessBills may be introduced in either house and usually get assigned to committees for analysis and revision
Floor debates differ in House and Senate
Differences between House and Senate versions of bill resolved in conference committee
The President must sight a bill for it to become a law.
Slide33Bills in CongressBoth senators and house members introduce bills111th congress: House-6,400 bills, Senate-4,000
House bills assigned letters “H.R.”Senate bills assigned letter “S”
“Riders” add an unpopular provision to a bill, and sometimes kill the bill
Slide34Bills in CommitteesCommittees are the filter of congressReferral: the process of assigning bills to a committeeCommittee and subcommittee hearings are held to seek input from interested parties on bills under consideration
Slide35How a Bill Becomes a lawIn house and senate, bill is introduced
Assigned to subcommittee for study, revisions
Returns to full committee for hearings and revisions
In house, goes to rules committee
Bills on floor: debated, passed or defeated, to other house if passed
Goes to conference committee to negotiate compromise
Congressional approval-house & Senate vote on final version
Goes to the president who will sign, veto or allow to become law without signing it. Vetoes can be overturned with 2/3 vote.
Slide36Presidential Action on a BillThe President can: sign a bill, making it law, choose not to sign and if congress remains in session it becomes law or congress adjourns it does not become law-pocket veto, or the president may veto the billG.W.- 2 vetoes
J.A.- noneF.D.R.- 635G.F.- 66
106 overrides from over 2500 vetoes in U.S. history