GOVERNMENT

HONORS:
CHAPTER 4
The Legislative Branch

Section 1: National Legislature

Overview
The founders designed a system to keep
legislature power in check through both
the checks and balance system and
federalism

Section 1: National Legislature

Overview
5 Major Roles of Congressperson:
Legislator
Representative of their constituents
Committee members
Servants of their constituents
Politicians

Section 1: National Legislature

Overview
4 Voting Options of a Congressperson:
Delegates- agents of the people who elected them
May contradict their own personal views

Trustees- each question must be decided on its merit

Conscience and judgment

Partisans- owe their allegiance to their political party

Politicos- Combination and some sort of balance of
the three

Section 1: National Legislature

Overview
Bills- proposed laws
Have to be screened by a committee
Committees then decide which will move on to floor
consideration- be considered and acted upon by the
full membership of the house or senate
Oversight function- process by which Congress,
through its committees, checks to see that the
executive branch agencies are carrying out the policies
that Congress has set

Section 1: National Legislature

Overview
Congress meets for 2 year terms
20th Amendment changed the start date for those
terms in 1933
March 4th to the 3rd day of January
1 session each year- 2 per term
Session- period of time which Congress assembles
and conducts business
Recess- temporarily suspends business

Section 1: National Legislature

Overview
Only the President may call a special
session
Called much less now that Congress meets
more often

Section 1: National Legislature

Overview
Congress is in charge of their own pay
Modified by the 27th Amendment
No increase can take effect until the next
congressional election
$174,000

Section 1: National Legislature

Overview
Congress also receives:
Tax deductions
Travel allowances
Healthcare
Retirement plan
Free office
Funds for staff members
Franking privileges- free mail for business

Section 2: The Two Houses

The House of Representatives
435 members
Not fixed by the constitution
Set by Congress
Based on population
Each state must have at least 1 seat

Section 2: The Two Houses

Territories get a delegate but they are not full
fledge members of the house and dont get to
vote on bills
2 year terms
No term limits
Seats are reapportioned every 10 years
Following a census

Section 2: The Two Houses

Reapportionment act of 1929
automatic reapportionment
Permanent size of the house is 435
Following each census is when house is reapportioned
When the Bureaus plan is ready the President must send it
to Congress
If within 60 days of receiving it, neither house rejects the
Census Bureaus plan, it become effective

Section 2: The Two Houses

Constitution makes no mention of congressional
districts
States could choose between general ticket system- vote at
large or can vote for a candidate for each one of states
house seats
A single-member district- votes in each district elect 1 of the
house members for that district
Most states chose single-member districts
General ticketing system was done away with in 1842
1842 law set up how districts were formed in a state- set up
by the state
1872- equal number of inhabitants

Section 2: The Two Houses

Gerrymandering- Massachusetts Governor Elbridge
Gerry- districts have been drawn to benefit a political
party by state legislature
Wesberry v. Sanders- states must draw congressional
districts of roughly the same population
Supreme Court also ruled districts cannot be drawn
based on race
Still possible to gerrymander

Section 2: The Two Houses

Elections;
1st Tuesday (following a Monday in
November) in November of even numbered
years
Off year elections (midterm elections)= non
presidential even number election years

Section 2: The Two Houses

Formal Qualifications:
25 years old
Citizen for 7 years
Live in the state they are elected
Live in the district they represent (custom)
1969- Powell v. McCormack- Supreme Court said if they meet
constitutional requirements, they cannot be excluded if elected
5 members have been expelled in US History
A few have resigned facing expulsion
Incumbent- person who currently holds office
90% win re-election when running

Section 2: The Two Houses

Senate- upper house
Much smaller
Longer terms in office
Represents the entire state
Originally chosen by state legislatures
17th amendment- 1913- direct election of senators

Only 1 seat is open at a time

6 year terms
No term limits
Continuous body- all of its seats are never up for election at
the same time

Section 2: The Two Houses

Constituencies- the people and interests the
senators represent
Qualifications:
30 years old
Citizen for 9 years
Inhabitant of the state they are elected from

Section 3: The Expressed

Powers
US is a limited government
Federal system also limits power
Congress only has the power given to it in the
Constitution
Some powers are denied to Congress
Written in the Constitution
Silence
Federal system

Section 3: The Expressed

Powers
Expressed powers- explicitly written in the
Constitution
Implied powers- reasonably deducted from
the Constitution
Inherent powers- powers given because its a
national government

Section 3: The Expressed

Powers
Congress has the power to regulate interstate commerce and
foreign trade
Commerce clause

Gibbons v. Ogden- 1824

Regulation of steamboats
Supreme Court ruled that it was Congress because they had the power to
regulate interstate commerce
Ruled the same way with railroads a few years later
Extension of congressional power
Has limits: US v. Lopez- court ruled Congress didnt have the authority to
make gun laws for school properties

Section 3: The Expressed

Powers
4 Specific limits
Cannot tax exports
Cannot favor ports of one state over another state
Cannot be forced to pay duties state to state
Couldnt interfere with the slave trade until 1808

Section 3: The Expressed

Powers
Congress is given the power to tax by the
Constitution
Was the leading power missing from the Articles of
Confederation

Tax- charge levied by government on persons or

property to raise money to meet public needs
Non-rule following examples: Protective Tariff, some sin
taxes, licenses for dealing with controlled substances

Section 3: The Expressed

Powers
Limits:
Taxes on church functions
Poll taxes (24 Amendment)
Not for private benefit
May not tax exports
Direct taxes must be apportioned among the states based on
population

Direct tax- paid directly to the government by the

person on whom its imposed
Federal taxes must be uniform throughout the states

Section 3: The Expressed

Powers
Congress has the power to borrow money
Done by the treasury
Congress has put a ceiling on the public debt (all the money
borrowed by the federal government over the years and not
yet repaid, plus the accumulated interest)
Ceiling is regularly raised
Deficit financing- regularly spends more than it makes and
borrows the difference
Bankruptcy- legal proceeding in which the bankrupts assets are
distributed among those to whom a debt is owed
State and federal government have concurrent powers to
regulate bankruptcy but federal government has broadened its
power so much-almost all are now heard in federal court

Section 3: The Expressed

Powers
Congress has the sole power to coin money
1st national bank in 1791- power to issue paper
money
Not legal tender

Legal Tender- any kind of money that a creditor

must by law accept in payment for debts
Done in 1862- greenbacks

Section 3: The Expressed

Powers
Other Domestic Powers:
Copy rights and patents
Postal powers
Acquire, manage, and dispose of various federal areas
Power of eminent domain
Power to take private property for public use
Must pay a fair price

Weights and Measures

Naturalization
Judicial Powers
Create federal courts
Define federal crimes
Set punishments

Section 3: The Expressed

Powers
Congress and Foreign Policy:
Power to declare war
Raise and support armies
Provide and maintain a navy
Rules for military forces

Section 3: The Expressed

Powers
War Powers Resolution- 1973
President can only commit troops to combat if:
Congress has declared war
Congress has specifically authorized military action
An attack on the US or its military force has occurred
Must repot to Congress in 38 hours
Must end within 60 days unless Congress agrees to
longer

Section 4: The Implied and

Nonlegislative Powers
Implied Powers- not set out specifically in the
Constitution but implied (drawn from) those
that are
Found in an expressed power: the Necessary
and Proper Clause
Section 8 Article I
Elastic Clause
Been stretched so far to cover so much over the years

Section 4: The Implied and

Nonlegislative Powers
Strict Constuctionalists
Led by Thomas Jefferson
Congress should exercise the express powers and only those
implied powers absolutely necessary to carry out the
expressed powers
States keep as much power as possible

Liberal Constuctionalists
Led by Alexander Hamilton
Gives more power to the federal government

Section 4: The Implied and

Nonlegislative Powers
McCulloch v. Maryland
Upheld the concept of the implied powers
1819
States cannot tax the federal government

Supreme Court has generally continued to

uphold a broader interpretation of the
Constitution
Most people have historically been okay with it

Section 4: The Implied and

Nonlegislative Powers
Helped keep amendments low
Most exercises of the implied powers have
been found in:
Commerce power
Power to tax and spend
War powers

Section 4: The Implied and

Nonlegislative Powers
Commerce power- regulate both foreign
and interstate trade
Gibbons v. Ogden
Steamboat monopoly

Virtually every form of economic activity

today falls under interstate commerce

Section 4: The Implied and

Nonlegislative Powers
Congress cannot pass a law based solely on
the grounds that a measure will somehow
promote the general welfare of the United
States
Can appropriate money for specific welfare uses
Education
Farm subsidies

Section 4: The Implied and

Nonlegislative Powers
War Powers
Congress has the authority to do whatever is
necessary and proper for the execution of its
war power
Cannot violate any other part of the
constitution
Ability to have a draft

Section 4: The Implied and

Nonlegislative Powers

The Power to Investigate

Congress has the power to investigate any matter

that falls within the scope of its lawmaking
authority
Gather information necessary to framing legislation
Oversee the operations of various agencies in the
executive branch (oversight function)
Focus public attention on some particular matter
Expose the questionable activities of some public official
or private person/group
Promote the particular interests of some members of
congress

Section 4: The Implied and

Nonlegislative Powers
Helping Investigative power:
Congressional Budget Office
Congressional Research Service
Government Accountability Office

Section 4: The Implied and

Nonlegislative Powers
Executive Powers
All major appointments made by the president must
be confirmed by the Senate
Treaties must have consent of the senate
May accept or reject treaty
Offer amendments
Reservations
understandings

Section 4: The Implied and

Nonlegislative Powers
Impeachment

House has the sole power to impeach- bring chargesrequires a majority vote
Senate has the sole power to try- 2/3rds vote needed to
convict
Penalty is removal from office
19 impeachments (2 presidents)
8 convictions (all federal judges)

Other Powers
Constitutional Amendments
Electoral Duties

Section 5: Congress at WorkOrganization and Committees

House of Representatives:
Speaker of the House- permanent presiding officer for that
term
Elected by the house (typically predetermined by the majority party)
Speaker takes his oath of office and then swears in all other House
members
The house then adopts their own rules (has become about 400 pages
long)
Members of 20 permanent committees of the house are appointed
by floor vote

Section 5: Congress at WorkOrganization and Committees

Senate:
Continuous body
Sworn in
Vacancies of committees are filled
Much less formal and shorter first day of
office

Section 5: Congress at WorkOrganization and Committees

State of the Union address issued to a joint
session of congress in late January or early
February each year
Policies President and administration expect to
follow
Legislative recommendations

Section 5: Congress at Work- Organization and Committees

Presiding Officers:
Speaker of the House- arguably most important member of Congress
Currently in the news with John Boehner announcing he is stepping down and
Republicans working on picking a new one
Preside over house
Aid the majority party and its legislative goals
Preside and to keep order
No member may speak until he or she is recognized by the speaker
Interprets and applies the rules
Refers bills to committee
Rules on points of order
Puts motions to vote
Decides the outcome of most votes
Names the members of all select and conference committees

Section 5: Congress at WorkOrganization and Committees

Vice President is President of the Senate
Senate does note choose its own presiding officer
Officer is not a member of the body of the Senate
Recognize members, puts questions to a vote, etc
Cannot debate or vote (unless a tie)

President Pro tempore- serves as presiding officer in

VPs absence (President Pro tem)
Currently Orrin Hatch
Follows Speaker of the house in presidential succession line

Section 5: Congress at WorkOrganization and Committees

Congress is Partisan
Both houses are organized along party lines
Party Caucus- closed meeting of the members of
each party in each house
Regularly held just before congress convenes in January
Selection of parties floor leaders
Committee membership

Section 5: Congress at Work- Organization and Committees

Each party has floor leaders in both houses- do not hold
official positions in either chamber
Legislative strategists
Steer floor action
Chief spokesman of their party in their chamber

Majority leader- floor leader of the majority party

Minority leader- floor leader of the minority party
Floor leaders are assisted by whips- Majority whip, minority
whip- assistants to the floor leaders
Current Leaders in the Senate
Current Leaders in the House

Section 5: Congress at WorkOrganization and Committees

Bulk of the work done in Congress is done in
Committees
Committee chairmen- members who head the standing
committees in each chamber
Chosen by the majority party

Seniority Rule- unwritten custom- most important

positions held by party members with the longest
records of service
Pros and Cons to this system

Section 5: Congress at WorkOrganization and Committees

Standing committees- permanent committees
20 in the House
16 in the Senate
Representatives normally on 1 to 2 committees
Senators normally 3 to 4

Bills receive their most consideration in committee

Most standing committees are divided into
subcommittees

Section 5: Congress at WorkOrganization and Committees

House Rules Committee- controls the flow of bills to the floor
and sets the conditions for their consideration there
traffic cop
Most bills die in committee
Before bills can reach the house floor, have to go through the rules
committee

Select committee- special committees

Joint Committees- composed of members of both houses
Conference Committee- temporary joint committee
Produce a compromise bill that both houses will accept