chapter 7: congress - mr. chung u.s. history...
TRANSCRIPT
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Chapter 7: Congress
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Chapter 7: Congress
o Chapter 7.1. We will trace the
roots of the legislative branch
outlined by the U.S. Constitution.
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Pro_11:14 Where no counsel is,
the people fall: but in the
multitude of counsellors there is
safety.
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CLASS ACTIVITY Relay Activity: Each class member will list one
express power and then hand it off to the next
individual.
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The Great Compromise (Constitutional Convention)
o Resulted in the creation of an upper
house, the Senate, and the lower
house, the House of
Representatives.
o Any two-house legislature is called a
bicameral legislature.
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Overview:
o Each state is represented in the
Senate by two senators
regardless of the state’s
population.
o The number of representatives
each state sends to the House of
Representatives is determined by
State population.
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Requirements:
o The U.S. Constitution sets out
formal or legal requirements for
the house and senate.
o House members must be at least
twenty-five years of age.
o Senators: Thirty years of age.
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Requirements:
o Members of the House are required to be citizens of the U.S. for at least seven years.
o The Senate must have been citizens for at least nine years.
o Both representatives and senators must be legal residents of the states from which they are elected.
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Requirements:
o Historically, many members of
Congress have moved to their states
specifically to run for office.
o Senators are elected for six year
terms.
o Originally were chosen by the State
legislatures because the Framers
intended for Senators to represent
their state’s interest in the Senate.
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Requirements:
o The Seventeenth Amendment in
1913 had Senators no longer
chosen by State Legislators but by
voters.
o One-third of all Senators are up
for reelection for every two years.
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Requirements:
o Members of the House of Representatives are elected to two-year terms.
o By a vote of the eligible electorate in each congressional district.
o The Framers expected that House members would be more responsible to the people.
o Because they were elected directly by them and because they were up for reelection every two years.
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Representation:
o The U.S. Constitution requires a census which entails the counting of all Americans, be conducted every ten years.
o In 1790 one member represented 30,000 people.
o But as the population grew, and states were added to the union, the House became larger.
o In 2010, the average number of people in a district was 731,000.
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Representation:
o Each State is allotted its share of
these 435 representatives based
on its population.
o After each U.S. Census, the
number of seats allotted to each
state is adjusted by a
constitutionally mandated
process called apportionment.
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REDISTRICTING:
o After seats are apportioned,
congressional districts must be
redrawn by the State legislature.
o To reflect population shifts to
ensure that each member in
Congress represents
approximately the same number
of residents.
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CONSTITUTIONAL POWERS TO CONGRESS:
o The authorities to make laws and
raise and spend revenues.
o No Bill, or proposed law can
become law without the consent
of both houses.
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Examples of both houses sharing power include:
o Power to declare war,
o raise an army and navy,
o coin money,
o regulate commerce,
o establish the federal courts and their jurisdiction,
o establish rules of immigration and naturalization.
o Make all laws which shall be necessary and proper for carrying the Execution of foregoing powers.
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Necessary and Proper Clause:
o The U.S. Supreme Court, interprets
the necessary and proper clause
found at the end of Article I, Section
8 has allowed Congress to increase
the scope of its authority.
o Often at the expense of the states
and into areas not necessarily
envisioned by the framers.
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Examples of both houses sharing power include:
o Congress alone is given formal law-making powers in the Constitution.
o But it is important to remember that presidents issue proclamations and executive orders with the force of law,
o Bureaucrats issue quasi-legislative rules and are charged with enforcing laws, rules, and regulations.
o Supreme Court and lower federal courts render opinions that generate principles that also have the force of law.
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Examples of both houses sharing power include:
o Article I gives special, exclusive
powers to each house in addition to
their shared role in law-making.
o The Constitution specifies that all
revenue bills must originate in the
House of Representatives.
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Examples of both houses sharing power include:
o Over the years this mandate has
been blurred and it is not unusual to
see budget bills being considered
simultaneously in both houses.
o Especially since, ultimately each
house must approve all bills.
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Examples of both houses sharing power include:
o The House also has the power of
impeachment.
o Or to charge the president or vice
president or other civil officers
including federal judges with
treason, bribery, or other high
Crimes and Misdemeanors.
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Examples of both houses sharing power include:
o But only the Senate is authorized to
conduct impeachment trials.
o A two-thirds yea vote being
necessary before a federal official
can be removed from office.
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Examples of both houses sharing power include:
o The House and the Senate share in the impeachment process.
o Senate has the sole authority to approve major presidential appointments, including federal judges, ambassadors, and Cabinet and sub-Cabinet level positions.
o The Senate too must approve all presidential treaties by a two-thirds vote.
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Chapter 7: Congress
o THE MEMBERS OF CONGRESS
7.2: Characterize the demographic
attributes of members of
Congress, and identify factors that
affect their chances for reelection.
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INTRODUCTION
o Members of Congress must attempt to appease several constituencies.
o Constituencies include party leaders, colleagues, and lobbyists in Washington D.C., and constituents at home.
o In attempting to do so, members spend full days at home as well as in D.C.
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Running and Staying in Office:
o Only 535 individuals plus seven
nonvoting members actually serve
in Congress.
o Incumbency helps members stay in
office once they are elected.
o Incumbents are people who are in
office that seeks reelection.
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Incumbency:
o It is often very difficult for outsiders to win because they don’t have the advantages enjoyed by incumbents.
o Advantages include name recognition, access to free media, an inside fund-raising and district drawn to favor the incumbent.
o An average of 96 percent of the incumbents who seek reelection win their primary and general elections.
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Redistricting:
o The process of redrawing congressional districts to reflect increases or decreases in seats allotted to the states.
o As well as population shifts within a state is called redistricting.
o Redistricting is a largely political process.
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Redistricting:
o In most state district lines are
drawn by partisan state
legislatures.
o The Majority party in State
legislature uses redistricting as
an opportunity to ensure
formation of voting districts to
protect the majority.
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Redistricting:
o The redistricting process often
involves gerrymandering.
o The drawing of congressional
districts to produce a particular
electoral outcome without regard
to the shape of the district.
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Redistricting:
o Because of enormous population growth,
o The partisan implications of redistricting,
o The requirement under the Voting Rights Act of 1965 for minorities to get an equal chance to elect candidates for their choice.
o Legislators end up drawing oddly shaped districts to elect more members of their party.
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Redistricting:
o The U.S. Supreme Court for a
long time considered political
redistricting based on partisan
considerations.
o But in recent cases the Supreme
Court has involved itself in
dealing with redistricting.
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Redistricting:
o Congressional as well as state legislative districts must be apportioned based on population.
o District lines must be contiguous; the boundaries of the district must be drawn with one unbroken line.
o Purposeful gerrymandering of a congressional district to dilute minority strength is illegal (Voting Rights Act of 1965).
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Redistricting:
o Redrawing districts to enhance
minority representation is
constitutional if race is not
“predominate” factor.
o States may redistrict more than
every ten years.
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SHORT ANSWER What is impeachment? What roles do the
House and Senate play in the process?
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Chapter 7: Congress
o HOW IS CONGRESS IS
ORGANIZED: 7.3.
o Assess the role of the committee
system, political parties, and
congressional leadership in
organizing congress.
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(Num 1:44) These are those that
were numbered, which Moses
and Aaron numbered, and the
princes of Israel, being twelve
men: each one was for the house
of his fathers.
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Overview:
o Congress is tied closely to political
parties and their strength in each
house.
o The basic division in Congress is
between majority and minority
parties.
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Overview:
o The majority party is the political
party in each house with the most
members.
o The minority party is the political
party in each house with the
second most members.
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Overview:
o At the beginning of each new
Congress, members of each party
formally gather in their party caucus
or conference.
o Today, the party caucuses are now
called caucus by House Democrats.
o Conference by House and Senate
Republicans and Senate Democrats
have several roles.
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Roles of Caucus/Committee:
o Including nominating or electing party
officers,
o reviewing committee assignments,
o discussing party policy,
o imposing party discipline,
o setting party themes,
o and coordinating media, including talk
radio.
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Roles of Caucus/Committee:
o Conference and caucus chairs
recognized party leaders who work
with other leaders in the House or
Senate.
o Each caucus or conference has
specialized committees that fulfill
certain tasks.
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Overview:
o House Republicans have a
Committee on Committee that
makes Committee assignments.
o Democrats Steering Committee
performs the same function.
o Each party also has congressional
campaign committees to assist
members in their reelection bids.
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Leadership in the House of Representatives: (Traditions)
o The House has always been larger.
o More strictly structured.
o More elaborate and governed by
stricter rules.
o Loyalty to the party leadership and
voting along party lines, is in the
house more than the Senate.
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Leadership in the House of Representatives:
o Historically, the Speaker of the House,
o Majority and minority leaders,
o Republican and Democratic House whips
have made up the party leadership that
runs the institution.
o This group now has been expanded to
include deputy whips of both parties as
well as those who head the Democratic
Caucus and Republican Conference.
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THE SPEAKER OF THE HOUSE:
o Is the only officer of the House of
Representatives specifically mentioned
in the Constitution.
o The office, the chamber’s most powerful
position is modeled after a similar one in
the British parliament.
o The speaker was the one who spoke to
the king and conveyed the wishes of the
House of Commons to the monarch.
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THE SPEAKER OF THE HOUSE:
o The Speaker presides over the House of Representatives,
o Oversees House business
o Is the official spokesperson for the House as well.
o Third in line of presidential succession.
o Speaker is the House liaison with the president and generally has great political influence within the chamber.
o The speaker is also expected to smooth the passage of party-backed legislation through the House.
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LEADERSHIP TEAMS:
o After the speaker, the next most powerful in the House are the majority and minority leaders.
o Who are elected in their individual party caucuses or conferences.
o The Majority leader is the head of the party controlling the most seats in the House;
o His or her counterpart in the party with the second highest number of seats is the minority leader.
o The majority leader helps the Speaker schedule proposed legislation for debate on the House floor.
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LEADERSHIP TEAMS:
o The Republican and Democratic whips who are elected by the party members in caucuses, assist the Speaker and the majority and minority leaders in their leadership efforts.
o The position of whip originated in the British House of Commons where it was named after the “whipper.”
o It is also the rider who keeps hounds together in a fox hunt.
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LEADERSHIP TEAMS:
o Party whips were first designated in 1899 in the House and as the name suggests, try to whip fellow Party members in Congress into line on partisan issues.
o They try to maintain close contact with all members on important votes.
o Prepare summaries of content, and implications of bills.
o Take vote counts during debates and votes,
o In general get members to toe the party line.
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LEADERSHIP TEAMS:
o Whips and their deputy whips
also serve as communication
links.
o Distributing word of the party line
from leaders to rank-and-file
members and alerting leaders to
concerns in the ranks.
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Leadership in the Senate:
o Organization and formal rules never have played the same role in the Senate that they do in the House.
o Through the 1960s, the Senate was a exclusive club whose folkways unwritten rules of behavior governed its operations.
o Terms of formality of how senators address each other as examples.
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Presiding officers:
o The Constitution specifies that the presiding officers of the Senate is the vice president of the United States.
o Because he is not a member of the Senate, he votes only in the case of a tie.
o The official chair of the Senate is the president pro tempore or pro tem.
o Who is selected by the majority party and presides over the senate in the absence of the Vice President.
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Presiding officers:
o The position of pro tem today is
primarily honorific office that
generally goes to the most senior
senator of the majority party.
o Once elected, the pro tem stays in
that office until there is change in
the majority party in the Senate.
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Presiding officers:
o Since presiding over the Senate can be a rather perfunctory duty.
o Neither the vice president nor the president pro tempore actually perform the task very often.
o Instead, the duty of presiding over the Senate rotates among junior members of the majority party of the chambers.
o Allowing more senior members to attend more important meetings.
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Majority Leader:
o The true leader of the Senate is the
majority leader, elected to the position
by the majority party.
o Because the Senate is smaller and
more collegial body, the majority
leader is not nearly as powerful as the
Speaker of the House.
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Leadership Teams:
o The minority leader and the
Republican and Democratic whips
round out the leadership positions in
the Senate.
o They perform functions similar to
those of their House counterparts.
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Leadership Teams:
o Senate rules always have given
tremendous power to individual senators;
o In most cases senators can offer any kind
of amendment to legislation on the floor.
o An individual senator can bring all work
on the floor to halt indefinitely through a
filibuster unless three-fifths of the
senators vote to cut him or her off.
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The Committee System:
o This is where the bulk of the work happens.
o It is critical to the productivity and effectiveness of Congress.
o Standing Committees are the first and last places to which most bills go.
o Usually committee members play key roles in floor debate about the merits of bills that have been introduced.
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The Committee System:
o When different versions of a bill are passed in the House and Senate, a conference committee with members of both houses meets to iron out the differences.
o Committee organization and specialization are especially important in the House of Representatives because of its size.
o The establishment of subcommittees allows for greater specialization.
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(1) Standing Committees:
o Are the committees to which bills are
referred for consideration.
o They are called this because this
committee continued from one
Congress to the next.
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(2) Joint Committees:
o Are standing committees that include
members from both houses of
congress, are set up to conduct
investigations or special studies.
o They focus public attention on major
matters such as the economy,
taxation, or scandals.
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(3) Conference Committees:
o Are special joint committees created
to reconcile differences in bills passed
by the House and Senate.
o A conference committee is made up of
members from the House and Senate
committees that originally considered
the bill.
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(4) Select (or special) committees:
o Temporary committees appointed for
specific purposes.
o Such as investigating 9-11.
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COMMITTEES:
o The House had nineteen standing committees, with an average of thirty-one members.
o Together, these standing committees had roughly ninety subcommittees that collectively acted as eyes, ears, and hands of the House.
o They considered issues roughly parallel to those of the departments represented in the president’s cabinet.
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COMMITTEES:
o Most committees in one house parallel
those in the other.
o The House Committee of Rules where no
counterpart exists in Senate plays a key
role in the House law-making process.
o The importance of the Committee on
Rules is seen with the majority party
members, are appointed directly by the
Speaker.
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COMMITTEES:
o This Committee on Rules reviews most
bills after they come from a committee
and before they go to full chamber for
consideration.
o They perform a traffic cop function.
o The Committee on Rules gives each
bill what is called a rule,
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COMMITTEES
o The rule contains the date the bill will
come up for debate,
o The time that will be allotted for
discussion
o Often specifies what kinds of
amendments can be offered.
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COMMITTEES
o Bills considered under a closed rule cannot be amended.
o Standing Committees have considerable power.
o They can kill bills, amend them radically, or hurry them through the process.
o Committees report out to the full House or Senate only a small fraction of the bills assigned to them.
o Bills can be forced out of a House committee by a discharge petition signed by a majority (218) of the House membership.
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COMMITTEES
o In contrast to the House whose members hold few committee assignments (an average of 1.8 standing and three subcommittees)
o Senators each serve on an average of three to four committees and seven subcommittees.
o Whereas the committee system allows House members to become policy or issue specialists, Senate members often are generalists.
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COMMITTEES:
o Senate committees enjoy the same power over framing legislation that House committees do.
o But the Senate being an institution more open to individual input than the House, gives less deference to the work done in committees.
o In the senate, legislation is more likely to be rewritten on the floor, where all senators can generally participate and add amendments.
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Committee Chairs:
o Committee chairs enjoy tremendous power and prestige.
o They are authorized to select all subcommittee chairs, call meetings and recommend majority members to sit on conference committees.
o Committee chairs may even opt to kill a bill by refusing to schedule hearings on it.
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Committee Chairs:
o They also have a large committee staff
at their disposal.
o They are often recipients of favors
from lobbyists who recognize the
chair’s unique position of power.
o Personal skill, influence and expertise
are a chair’s best ally.
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Committee Chairs:
o Historically, committee chairs were the
majority party members with the
longest continuous service on the
committee.
o Committee chairs in the House, unlike
the Senate, are no longer selected by
seniority, or time of continuous service
on the committee.
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Committee Chairs:
o Instead potential chairs are
interviewed by party leaders to ensure
that candidates demonstrate loyalty to
the party.
o All committee chairs are limited to six
years of service on a particular
committee.
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Committee Membership:
o Many newly elected members of Congress come into the body with their sights set on certain committee assignments.
o Others are more flexible.
o Many legislators seeking committee assignments inform their party’s selection committee of their preferences.
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Committee Membership:
o They often request assignments based on their own interests.
o Or expertise on a particular committee’s ability to help their prospects for reelection.
o In both the House and Senate, committee membership generally reflects the party distribution within the chamber.
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Committee Membership:
o The majority often takes a disproportionate share of the slots.
o On committees more critical to the operation of the House or setting of national policy.
o The Committee of Rules regulates is essential for it to manage the flow of legislation.
o No matter how narrow the majority party’s margin in the chamber,
o It makes up more than two-thirds of the committee on rules membership.
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SHORT ANSWER How has the role of the Speaker of the House
changed over time? In terms of effectiveness,
how would you evaluate the current Speaker?
https://quizlet.com/_2xytyv
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Chapter 7: Congress
o POWERS OF CONGRESS: 7.4, We
will identify three of the most
significant powers of Congress.
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Joh_13:34 A new commandment
I give unto you, That ye love one
another; as I have loved you, that
ye also love one another.
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Powers of Congress: Article I Section 7
o Framers were interested in assuring that the national government had sufficient power to govern the states.
o Thus Article I, Section 7, of the Constitution details the procedures by which Congress can make laws and raise revenues.
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Article I, Section 8: Congress Power to:
o Tax,
o spend,
o regulate,
o commerce,
o coin money,
o And make “all Laws which shall be
necessary and proper for carrying
into Execution” those powers.
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Powers of Congress:
o Today Congress not only makes laws dealing with substantive policy.
o But it also spends significant time negotiating and passing the nation’s budget.
o In addition in accordance with the system of checks and balances it has a key oversight role.
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The Law-Making Function:
o Congress law-making power allows
it to affect the day-to-day lives of all
Americans and set policy for the
future.
o For example: proposals for
legislation (terrorism, medicare,
etc).
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Proposals and Legislations Can Come From:
o The president,
o executive agencies,
o committee staff,
o Interest groups,
o Even private individuals.
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Proposals and Legislations Can Come From:
o Only members of the House or Senate can formally submit a bill for congressional consideration.
o Once a bill is introduced by a member of congress, it usually reaches a dead end.
o Fewer than 5 percent make into law.
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The Law-Making Function:
o A bill must survive several stages of
roadblocks before it becomes a law.
o It must be approved by one in more
standing committees and both
chambers;
o And if House and Senate versions
differ, each house must accept a
conference report solving those
differences.
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The Law-Making Function:
o These multiple points of approval
provide many opportunities for
members to revise the content of
legislation;
o And may lead representatives to alter
their views on a particular piece of
legislation several times over.
o Thus it is easier to defeat a bill than it
is to get one passed.
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Committee Referral:
o The House and Senate have parallel processes .
o Often the same bill is introduced in each chamber at the same time.
o A bill must be introduced by a member of Congress.
o But in an attempt to show support for the aims of the bill, it most often sponsored by several other members (called co-sponsors).
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Committee Referral:
o Once introduced the bill is sent to
the clerk of the chamber who gives
it a number.
o The bill is then printed, distributed,
and sent to the appropriate
committee or committees for
consideration.
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Committee Referral:
o The committee usually refers the bill to one of it subcommittees.
o Which researches the bill and decides whether to hold hearings on it.
o The subcommittee hearings provide the opportunity for those on both sides of the issue to voice their opinions.
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Committee Referral:
o Most hearings are open to the public.
o After the hearings, the bill is revised in subcommittee and then the subcommittee votes to approve or defeat the bill.
o If the subcommittee votes in favor of the bill it is returned to the full committee.
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Floor Debate:
o The Second stage of action takes place on the House or Senate floor.
o As previously discussed in the House, before a bill may be debated on the floor, it must be approved by the Committee on Rules.
o And given a rule and a place on the calendar or schedule (house budget bills don’t go to the committee on rules).
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Floor Debate:
o In the House, the rule given to a bill determines the limits on the floor debate.
o Specifies what types of amendments, if any, become attached to the bill.
o Once the Committee on Rules considers the bill, it is put on the calendar.
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Floor Debate:
o When the day arrives for floor
debate, the House may choose to
form a Committee of the Whole.
o This procedure allows the House to
deliberate with only one hundred
members present to expedite
consideration of the bill.
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Floor Debate:
o During this time, amendments may
also be offered.
o A vote ultimately is taken by the
full House.
o If the bill survives, it is sent to the
Senate for consideration.
o If it was not considered there
simultaneously.
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Floor Debate:
o Unlike the House, where debate is necessarily limited given the size of the body,
o Bills may be held up by a hold or a filibuster in the Senate.
o A hold is a tactic by which a senator asks to be informed before a particular bill or nomination is brought to the floor.
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Floor Debate:
o This request signals the Senate
leadership and sponsors of the bill
that a colleague may have objections
to the bill (or nomination).
o And should be consulted before
further action is taken.
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FILIBUSTERS:
o A formal way of halting Senate action, on a bill.
o By means of long speeches, or unlimited debate grew out of absence of rules to limit speech in the Senate.
o There is no limits on the content of a filibuster as long as a senator keeps talking.
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CLOTURE MOTION:
o There is only one way to end a
filibuster.
o Sixty senators must sign a motion for
cloture.
o After cloture motion passes, the
Senate floor members may spend no
more than thirty additional hours
debating the legislation at issue.
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THE CONFERENCE COMMITTEE:
o The third state of action takes place
when the two chambers of Congress
approve different versions of the
same bill.
o When this happens, they establish a
conference committee to iron out the
difference between the two versions.
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THE CONFERENCE COMMITTEE:
o The conference committee, whose
members are from the original
House and Senate Committees.
o Hammers out a compromise, which
is returned to each chamber for a
final vote.
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Final Approval:
o Sometimes the conference committee
fails to agree and the bill dies there.
o No changes or amendments to the
compromise version are allowed.
o If the bill is passed, it is sent to the
president who either signs it or vetoes
(rejects) it.
o If the bill is not passed in both houses,
it dies.
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Four Options of the President If Bill Passes Congress:
o (1) The President Can Sign the Bill, at
which point it becomes law.
o (2) The president can veto the bill,
which is more likely to occur when the
president is of a different party from the
majority in Congress;
o Congress may override the president’s
veto with a two-thirds vote in each
chamber; a very difficult task.
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Four Options Of the President:
o (3) The president can wait the full
ten days at the end of which time the
bill becomes law without his
signature if Congress is still in
session.
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Four Options Of the President:
o (4) If the Congress adjourns before the ten days are up, the President can choose not to sign the bill and it is considered a pocket veto.
o The only way for a bill then to become law is for it to be reintroduced in the next session and be put through the process all over again.
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The Budget Function:
o In the 1920s, congress passed and President Warren G. Harding signed into law the Budget and Accounting Act of 1921.
o This legislation requires the president for the first time to submit a budget to Congress.
o The prior year’s spending, projections and proposals, for the next year were to be included in the president’s proposal.
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The Budget Function:
o Congress in turn, could alter the
allocation of appropriations.
o But could not increase the total level
of spending proposed by the
president.
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Congressional Budget Act of 1974:
o Established the congressional budget
process we use today.
o The act which also created
Congressional Budget Office (CBO)
o A nonpartisan agency to help members
accurate estimations of revenues and
expenditures.
o And lay out a plan for congressional
action on the annual budget resolution.
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Congressional Budget Act of 1974:
o This establishes the levels of
spending for the federal government
and its agencies during the next
fiscal year.
o (The federal government fiscal year
runs from October 1 of one year to
September 30 of the next).
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Congressional Budget Act of 1974:
o One special process detailed by the Congressional Budget Act of 1974 is reconciliation.
o The Reconciliation procedure allows consideration of controversial issues affecting the budget by limiting debate to twenty hours.
o Thereby ending a threat to a filibuster in the Senate.
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Congressional Budget Act of 1974:
o Also incudes a timetable intended to
make sure that action on the budget
is taken in a timely fashion.
o Under this timeline, Congress must
complete initial action on the budget
resolution by April 15 of the
preceding fiscal year.
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Congressional Budget Act of 1974:
o The budget resolution or a continuing
resolution allowing the government to
continue to spend money at the same
rates at the previous fiscal year.
o It must be approved by the start of the
new fiscal year on October 1.
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Pork and Earmarks:
o Representatives often seek to win appropriations known as pork, legislation.
o Pork allows representatives to bring money and jobs to their districts in the form of public works programs, military programs, or other programs.
o Usually these are considered programs that are not necessary but rather desired.
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Pork and Earmarks:
o Many of these programs are called
earmarks.
o Because they are funds that an
appropriations bill designates for
specific projects within a state or
congressional district.
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Oversight Function:
o Historically Congress has performed
its oversight function by holding
committee hearings.
o Questioning bureacrats to see if they
are enforcing and interpreting the
laws as intended by Congress.
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Oversight Function:
o Hearings are often televised and may
focus on particular executive branch
actions.
o It often signal that Congress believes
changes in policy need to be made
before an agency next comes before
the committee to justify its budget.
o Hearings also are used to improve
program administration.
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Oversight Function:
o Since most members of House and
Senate committees and
subcommittees are interested in the
issues under their jurisdiction.
o They often want to help and not
hinder policy makers.
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Oversight Function:
o The Senate also has the power to
offer advise and consent on
executive and judicial branch
nominees.
o Congress’s ultimate oversight
power, is the power to impeach
other federal officials and remove
them from office.
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The War Powers Act:
o Passed during the Vietnam War.
o The act requires presidents to obtain
congressional approval before
committing U.S. forces to a combat
zone.
o It also requires them to notify
Congress within forty-eight hours of
committing troops to foreign soil.
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The War Powers Act:
o In addition, the president must withdraw troops within sixty days unless Congress votes to declare war.
o The president is required to consult with Congress, if its at all possible, prior to committing troops.
o It has limited effectiveness as presidents often did not consult congress before citing national security reasons.
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Congressional Review:
o Allows Congress to exercise its
oversight powers by nullifying agency
regulations.
o Under the home rule charter of the
District of Columbia, the House and
Senate may also nullify actions of
the Washington D.C. City Council.
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Congressional Review:
o This process is called congressional
review.
o If Congress uses this oversight power it
has sixty days after the implementation
of an administration action.
o To pass a joint resolution of legislative
disapproval.
o The resolution must also be signed by
the president.
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Senate Oversight Function:
o The Senates special oversight function is the ability to confirm key members of the executive branch.
o As well as presidential appointments to the federal courts.
o Senate generally confirms most presidential nominees,
o It does not always do so.
o A wise president considers the senates reaction before nominating a potentially controversial individual.
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Senatorial Courtesy:
o In the case of federal district court
appointments, senators often have
considerable say in the nomination
of judges from their states.
o A process by which presidents
generally defer to the senators who
represent the state where the
vacancy occurs.
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Impeachment:
o Is Congress’s oversight of the U.S. president and federal court judges.
o The Constitution specifies that a president can be impeached for treason, bribery, or other high crimes and misdemeanors.
o It is likely referring to abuse of power.
o House and Senate rules control how the impeachment process operates.
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SHORT ANSWER How does Congress fulfill its oversight role?
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Chapter 7: Congress
o HOW MEMBERS OF CONGRESS
MAKE DECISIONS:
o 7.5 We will analyze factors that
influence how members of
Congress make decisions.
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(Deu 1:13) Take you wise men,
and understanding, and known
among your tribes, and I will
make them rulers over you.
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ACTIVITY Demonstrate Trustee, Delegate, Politico, and
logrolling.
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Decisions:
o How do members of congress
vote?
o There are three theories:
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Decisions: Trustees
o Role played by an elected
representative who listen to
constituents opinions.
o Then uses his or her best judgment
to make a final decision.
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Delegates:
o Role played by an elected
representative who votes the way his or
her constituents would want him or her
to regardless of his or her own opinions.
o Delegates therefore must be ready and
willing to vote against their conscience.
o Or personal policy preferences if they
know how their constituents feel about
a particular issue.
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Politico:
o Role played by an elected
representative who acts as a
trustee or as a delegate, depending
on the issue.
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Political Parties:
o The Political Parties have great
influence in Congress.
o Congressional party unity, a
measure of solidarity of the
members of a political party, has
reached historically high levels in
recent years.
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INCENTIVES TO VOTE WITH THEIR PARTY:
o Offer members campaign support through party organizations or member-to-member political action committees (PAC) for their reelection campaigns.
o Leadership in both houses may offer committee assignments or chairs as rewards to members who toe the party line.
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DIVIDED GOVERNMENT:
o The political condition in which the
different political parties control
the presidency and congress.
o Where there can be fierce political
conflict upon party lines.
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Unified Government:
o The political condition in
which the same political
party controls the presidency
and congress.
o Where legislation gets to be
passed easier than a divided
government.
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Constituents:
o The people who live and vote in a representative’s home district or State are always in a member’s mind when casting votes.
o It is rare for legislator to vote against the wishes of his or her constituents regularly.
o Particularly on issues on social welfare, domestic policy, or other important issues.
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Constituents:
o In short, legislators tend to act on their own preferences as trustees.
o When dealing with topics that have come through the committees on what they serve.
o Or what issues that they would know about as a result of experience in other contexts such as their occupation/vocation.
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Colleagues and Caucuses:
o When members must vote on bills
about issues on which they know very
little.
o They often turn for advice to
colleagues who have served on the
committee that handled the
legislation.
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Logrolling:
o On issues that are of little interest to a
legislator, (logrolling) vote trading often
occurs.
o This often takes place on specialized
bills targeting money or projects to
selected congressional districts.
o An unaffected member may exchange a
yea vote for a promise for a future yea
vote on another specialized legislation.
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Special Interest Caucuses:
o Members may also look to other
representatives who share common
interests.
o special-interest caucuses created
around issues, home states, regions,
congressional class of commonalities
facilitate this communication.
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Lobbyists: Primary Function:
o Whether they work for interest
groups, trade associations, or
large corporations.
o Is to provide information to
supportive or potentially
supportive legislators,
committees, and their staffs.
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Interest Groups, Lobbyists and Political Action Committees:
o Organized interests can win over undecided legislators.
o Or confirm the support of their friends by providing information that legislators use to justify the position they embraced.
o They also can supply direct campaign contributions, volunteers, and publicity to members seeking reelection.
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Political Action Committees:
o For those in Congress without huge
personal fortunes, they are wiling
to receive contributions.
o Political Action Committees (PACS)
organized by interest groups are a
major source of most members
campaign funding.
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Interest Groups, Lobbyists and Political Action Committees:
o When an issue comes up that is
of little consequence to a
member’s constituents,
o There is tendency to support the
positions of those interests who
helped pay for the last campaign.
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Interest Groups, Lobbyists and Political Action Committees:
o Interest groups also use grassroots appeals to pressure legislators.
o By urging their members in a particular state or district to call, write, or contact their senators or representatives.
o Lobbyists can’t vote but constituents back home can and do.
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Staff and Support Agencies:
o Members of Congress can rely heavily on their staffs for information on pending legislation.
o When a bill is non-ideological or one on which the member has no real position, staff members can be very influential.
o In many offices, they are the greatest influence on their boss’ s votes.
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Chapter 7: Congress
o TOWARD REFORM BALANCING
INSTITUTIONAL POWER 7.6
Evaluate the strategic interactions
between Congress, the presidents,
and the courts.
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Congress and Executive:
o Balance of power between Congress and the President seesawed over time.
o Andrew Johnson was an example of a weak president, and congress was the center of power and authority in the federal Government.
o Beginning in the 1900s a series of strong presidents acted at the expense of congressional power.
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Congress and Executive:
o President Franklin Roosevelt
asserted a strong role in the
legislative process.
o Today, congress often finds itself
responding to executive-branch
proposals.
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Congress and Judiciary:
o Supreme Court has the ability to
strike down laws of Congress.
o Congress also interacts with the
judiciary in a number of other ways.
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Congress and Judiciary:
o It is ultimately up to congress to determine the number of judges on each court.
o As well as the boundaries of judicial districts and circuits (Jurisdicton).
o Congress also sets the jurisdiction of the federal courts.
o When faced with decisions from the courts Congress does not like, Congress can reassert the jurisdiction issue.
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SHORT ANSWER What are the three representative styles
members of Congress may embody? Give
examples of each.