The Congress of these United States: - Harding University



The Congress of these United States:

Our Legislative Branch

Congressional Powers

Article I of the Constitution:

All legislative Powers vested in a Congress…Consist of a Senate and a House of Representatives

Varied Roles of Congress

Makes legislation

Appropriates funds to carry out laws

May declare war

Proposes amendments to Constitution

Impeaches the President

Regulates conduct of legislators

Approves Appointments

Ratifies treaties

Article I of the US Constitution

1 - Legislative Powers

2 - House: Terms, qualifications, apportionment (3/5ths…), vacancies, leadership

3 – Senate: Terms, (1/3 elected every two years), qualifications, leadership (Vice President), impeachment,

4 – States responsible for elections, assemble at least once a year

5 - Internal procedures, rules, journal

6 – Compensation, no other civil service

7 – Revenue bills originate in the House, veto procedure, veto override

8 – Powers: to lay and collect taxes, duties, impost and excises, pay debts, provide for the common defense and general welfare, specific list of powers AND the ability to make all laws “necessary and proper”

9 - Limits: no slavery prohibition until 1808, Limits on authority: no bill of attainder, no ex-post facto, no royalty etc., no monies drawn from treasury without an appropriation

10 – Federalism: States can’t coin money, enter treaties, also, no bill of attainder, no ex-post facto, no royalty etc. for them either

Big Word for the Day: Collegial

characterized by or having authority vested equally among colleagues

Amendments:

XIV – (Due Process and Equal Protection) Repeals 3/5ths clause - 1868

XVI – Income Tax - 1913

XVII – Direct Election of Senators – 1913

XX – (Lame Duck) Session starts 3rd of January - 1933

XXVII – Congressional Pay Raises - 1992

Who ARE These People?

House

Representative or Congressman or Congresswoman

25 years old

Citizen for 7 years

Resident of their state

2 year terms

Senate

Senator

30 years old

Citizen for 9 years

“Resident” of their state

6 year terms

Partisan Composition of the House and Senate

And Why Are They There?

To Represent?

An instructed delegate of the citizens?

A really complex version of the telephone game…

Downside:

The tyranny of the majority

Polling driven policy

Mob rule

To be a Statesman?

A trusted trustee, entrusted with our trust?

The best and the brightest…

Downside:

Removed from reality

Paternalistic snobs

Elitism

Bicameralism: Separating the legislative body into two houses

I Am Somebody! I’m a Constituent!

National and Local Representative

National Government

Local Service Issues

Casework

Personal Staff

At least 18 per member

I Heart My Congressman

Specific approval

Institutional disapproval

Ladies and Gentlemen,

The Congress

Separated at Birth

House

Larger (435)

Shorter term of office (2 yrs)

More procedural restraints on members

Narrower constituency (they represent a smaller region) average district size: 646,952

Policy Specialists

Diffused media coverage

More powerful leader

Less Prestigious

Briefer floor debates

Less reliant on staff

More Partisan

Special Role: Taxing and Spending

Impeachment Charges

Senate

Smaller (100)

Longer term of office (6 yrs)

Fewer procedural restraints on members

Broader, more varied constituency two per state

Policy generalists

More media coverage

Less powerful leaders

More Prestigious

Longer floor debates (filibuster)

More reliant on staff

Less Partisan

Special Role: Treaties and Appointments

Impeachment Trial

Leadership Organization

House

Speaker

Selected every two years

Often serve for many years

Nancy Pelosi (CA)

Majority Leader

2nd in command

Steny Hoyer (MD)

Senate

Majority Leader

The person in charge

Harry Reid (NV)

Pro Tempore

Honorary, based on seniority

For the time being

Robert Byrd (WV)

Vice President

Presides – but not often

Breaks ties (6 months for Cheney)

Dick Cheney (WY)



How a Bill…

How a Bill Really…

See handout!

How Many Bills?

How Many Filed?

20,000 annually!

How Many Pass?

Around a 1000.

That’s about 5%!

Next Up: Committees

Committees

Where the work gets done

Subcommittee

Specialization

Types:

Joint (only 2)

Special or Select

Budget

Standing

Conference (not the same as party conferences)

Standing Committees

The Workhorse of Congress

19 in the House, 17 in the Senate

88 Subcommittees in the House, 68 in the Senate

Quorum – enough members present to hold a vote

House Committees

The Big Three

House Rules Committee

Sets a rule for each bill about how debate will occur

All bills go through here before making it to the floor

It is the “traffic cop” for whether or not a bill makes it

The House Rules Committee is MUCH more powerful than the Senate.

Chair: Louise Slaughter (NY)



Ways and Means

Raises Revenue for the Government

First stop for ALL revenue bills

The “Cadillac” of committees

NOT taking is at least as important as giving…

Exemptions, credits, loopholes

Chair: Charlie Rangel (NY)



House Appropriations

Spends money to fund government

Appropriation: the legal authorization to expend governmental funds

11 subcommittees!

Oink, oink, oink…

Chair: Dave Obey (WI)



Senate Committees

The Big Three

Senate Appropriations

“Court of Appeals” – they add and delete from the original spending plan sent over from the House (Then they conference!)

“Byrd droppings”

Chair: Robert Byrd (WV)



Finance

The Tax Committee for the Senate

The two certainties of life:

Death

Taxes

Chair: Max Baucus (MT)



Bipartisan – both parties support the idea

Senate Foreign Relations

Confirms ambassadors

Ratifies treaties

Is the “check and balance” for executive foreign policy powers.

Chair: Joe Biden (DE)



The Floor

Calendar – list of bills scheduled for hearing or vote

Majority, Super Majority

The Well

C-Span

Filibusters

Unlimited debate

Used to slow down progress of a bill you don’t care for. Very effective late in session when time is short.

Senate Only (too many members in the House…)

Rule 22 requires 3/5th of the Senate (60) to invoke…

Cloture, which is a vote to end the debate.

Staff

35,000 employees

Committee staff has declined in recent years under Republican control (House: 1,407 from 2,100; Senate: 950 from 1,185)

Minimum personal staff: 18 full time, 4 part time

Wasserman: they “organize hearings, negotiate… research… speak with voters, and promote legislation.” They initiate policies and “sell” them to their bosses.

Elected Staff?

Clerk

Sergeant at Arms

Chaplain

Executive/Legislative Tension

Even if the House, the Senate and the President ALL come from the same party, and certainly if they do not,

Even if the President (or Vice President) was recently part of the Legislative Branch,

Even if the President has a substantial mandate of public support,

They trust each other

“as far as I can throw ‘em…”

Next:

Money, Power and Other Impolite Things

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