govt 2302 the united states congress – constitutional design
TRANSCRIPT
GOVT 2302
The United States Congress – Constitutional Design
The last set of slides traced the development of legislature (at
least those in the Anglo-American tradition) from the Magna Carta to
the Congress created in the Articles of Confederation.
The point was to reveal the history underlying the constitutional design of the legislatures on
the national and state levels.
Legislatures gained the right to meet, and to limit the power of the monarch (a good
surrogate for the executive branch). They were then able to control the purse and limit military
actions. Most importantly they grew into entities strong enough to limit the arbitrary
actions of the monarchy.
Without strong legislative institution, the executive would be
unrestrained.
Hopefully this gives us context to understand why these institutions
are designed as they are.
This week we read through the articles of the U.S. and Texas
Constitutions which create the U.S. Congress and the Texas
Legislature.
This set of slides focuses on the US Congress, but lets begin with some
comparisons.
For a quick overview of the design of each institution in their
respective constitutions, click on the two following links:
The U.S. Congress:
Article One of the U.S. Constitution.
(wikipedia)
Ten Sections2,286 words
(This sections contains almost half of the total words in the Constitution)
The Texas Legislature:
Article Three of the Texas Constitution
You might want to also read the legislature’s entry in the Handbook of Texas Online.
67 Sections29,557 words
The key difference is that the national legislature is designed to
be a more powerful legislature than Texas’.
This explains the discrepancy in length
The length of Article 3 of the Texas Constitution establishes clear
limitations on the power of the legislature. The brevity of the U.S. Constitution makes these powers
subject to debate.
This distinction reminds us of the different ways that each document
treats governmental power. The U.S. Constitution has vague
language that has been used to expand it, while the Texas
Constitution has lengthy, precise language that restricts it.
The key difference is that the national legislature is designed to
be a more powerful legislature than Texas’.
This explains the discrepancy in length
The length of Article 3 of the Texas Constitution establishes clear
limitations on the power of the legislature. The brevity of the U.S. Constitution makes these powers
subject to debate.
Article One of the U.S. Constitution creates a professional legislature
with fulltime legislators that do not hold other positions and that
meets almost continually during each two year session.
Members of Congress receive a competitive salary (currently
$174,000) and receive enough funding to have a sizeable staff in
their DC offices and several districts offices as well.
Article Three of the Texas Constitution creates an amateur
legislature composed of members who serve only 140 days every two
years and are expected to have another profession.
Members receive a $600 per month salary, which was
established by Texas voters in 1975. Members also receive a per diem allowance of $128 when the
legislature is in session.
Texas legislators are provided little funding for staff. This limits the ability of legislators to provide
constituency service.
This distinction reminds us of the different ways that each document
treats governmental power. The U.S. Constitution has vague
language that has been used to expand it, while the Texas
Constitution has lengthy, precise language that restricts it.
The Constitutional Convention
As we should already know, the purpose of the Constitutional Convention was to create a
stronger national government, including a Congress with the
ability to pass meaningful legislation without being limited by
the general population.
The Articles of Confederation created only a legislature, and that institution was severely restricted.
Recall the relevant passages in the document:
The Articles of Confederation
Article V. For the most convenient management of the general interests of the United States, delegates shall
be annually appointed in such manner as the legislatures of each State shall direct, to meet in
Congress on the first Monday in November, in every year, with a power reserved to each State to recall its delegates, or any of them, at any time within the year, and to send others in their stead for the remainder of
the year.
Notice two key features of the legislature:
Yearly appointments by the states.Subject to recall at any time.
This design restricted the powers of the legislature. It could not focus on national objectives –
primarily commercial and military - which was fine with the states, but
not the Federalists.
A national government detached from the states would be
necessary to accomplish those objectives.
The central dispute involved the relationship between the nation
and the states. Would the national government rest its authority on
the people or on the states? What would be the dominant entity?
A key Federalist goal was to base the national government on the
people and bypass the states. The House of Representatives would be that basis and explains why they are directly elected by the
people.
In 2301 we mentioned that three separate plans for constitutions
were submitted to the Constitutional Convention.
Each had a unique legislative design.
The Virginia PlanThe New Jersey Plan
Hamilton’s Plan
The Virginia Plan
A lower chamber elected by the people of the states. An upper chamber elected by the lower
chamber. The size of both determined by state population.
The upper chamber selects chief executive.
Note that all institutions in this design rested on the people. The
states had no independent role to play in the operations of the
government.
The Hamilton Plan was even more extreme. It proposed a bicameral
legislature where the lower house, the Assembly, was elected by the people
for three year terms. The upper house, the Senate, elected by electors chosen by the people, and with a life-term of
service.
Not that Senators served for life – which removed them from any external controls.
The New Jersey Plan was written in response to the Virginia Plan and sought to ensure that the states would have a connection to the
national government by retaining the design of the Congress
established in the Articles of Confederation.
So here’s the dilemma: The Virginia Plan, in the opinion of
some delegates, gave too much power to the national government
and the New Jersey Plan, in the opinion of other delegates, gave it
too little.
The Great Compromise was negotiated in order to gain the
support of each side.
The design of the House of Representatives reflects the desire of the federalists to connect the national government directly to the people. It
is the institution that allows the national government to claim sovereignty due to that direct
connection. It would allow the political influence of population centers to
increase.
The design of the Senate reflects the desire of those concerned
about the increased power of the national government to ensure
that the states were able to represent their interests. The
Senate was designed to be the state’s branch.
On to the Constitutional Design of the U.S. Congress in Article One.
A quick run through the entire article would be helpful.
Note: Article One contains ten sections and about half of the
words in the entire Constitution.
Section One: The Vesting Clause and Bicameralism
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
For information online:
Find Law: Article One, Section OneWikipedia: Article One, Section
One
Note that articles 1, 2, and 3 each begin with a vesting clause which
grants a governmental power to one the three institutions. This one clarifies
the role of Congress. It makes clear that neither the executive nor judicial braches can exercise legislative power.
This is necessary in order to fully separate powers. But as we will
see, the executive through rulemaking power, and the courts,
through judicial review, have powers that seem legislative in
character.
There was no vesting clause in the Articles of Confederation.
Therefore no clear function granted to Congress.
It was established: “For the most convenient management of the general interests of the United States.” What does that mean?
Notice the term “herein granted.” This is taken to restrict the
legislative powers to those that are spelled out in Section 8 below.
But, controversially, other powers have been argued to fall under the
implied powers. More on this below.
Section Two: The House of Representatives
The House of Representatives shall be composed of Members chosen everysecond Year by the People of theseveral States,
For information online:
Find Law: Article One, Section TwoWikipedia: Article One, Section
Two
This sets in place the two year term. It also established that the institution is popularly elected.
It is the closest to the people. Is that why it is the first institution
designed in the document?
The fact that elections shall be held every two years means that
neither the legislative or executive branch use the scheduling of
elections to manipulate outcomes.
It is more difficult – though not impossible - to manipulate a regularly scheduled election.
Remember that the House of Commons, in the past, met very
irregularly and only at the discretion of the monarch, which
made it subject to monarchic control. This point was made in the
previous section.
The House of Representatives is designed to be responsive quickly
to shifts in public opinion.
But is it?
Two points about contemporary House Elections
1 - Re-election rates commonly exceed 90%
2 - Average election cost of elections exceed one million
dollars.
Note that even in the 2010 “wave election” 86% of incumbents were
reelected. No Houston area incumbents were defeated, most
were comfortably re-elected.
This is called the incumbency advantage.
There is debate over whether the incumbent advantage is a problem and whether members of Congress should be term limited. Recall that members of the Congress under the Articles of Confederation could only serve 3 out or any 6
years.
Efforts to impose limits are seldom successful. It is argued that it can be advantageous for a
district to be represented by someone who has held their positions for many terms.
Seniority, as we will see in the next section, has its advantages. Knowledge of the process is
power, and can allow someone to be an effective representative.
Example: Sam Rayburn represented the 4th District of
Texas from 1913 – 1961.
In addition, if members are term limited, power may shift to interest
groups and staffers, people who know the legislative process.
These people are not accountable to voters. Power is a constant in
politics. The only question is where it is located.
It could be that the two year term, ironically, helps solidify incumbent electoral success since they build
up a high degree of name recognition by running for election
so often.
Plus, the increased expense of elections seem to drive many out of
the process.
Incumbents can build up campaign war chests (lots of cash to spend on
elections) that can frighten off potential opponents. Click here for a study (and another) that proves this
works.
The average winner in a 2008 House race spent almost $1.5
million. The average winner in a Senate race that year spent approximately $7.5 million.
The top spender in 2010 on a House Race: Minnesota 6th
Michelle Bachmann (R): $11,478,276
The top spender in 2010 on a Senate Race: Connecticut
Linda McMahon (R): $49,942,727
(self financed)(she lost)
Once in office, members of Congress can build relationships with interest groups that can be benefitted by their votes. These groups will return the favor by
helping build up the war chests.
It is in their best interests to ensure that there is continuity in
office.
It is common for corruption investigations to focus on whether members of Congress do favors for those who contribute to them. But
outright corruption is difficult to prove.
Click here for an interactive page from Open Secrets with data from recent
elections.
Consequences of increased costs of elections:
- More time spent fundraising. Less time legislating.
- Fundraising constituency may become more important than
electoral constituency.
This has led to the argument that the increased cost of elections has reduced the ability of legislators to actually represent people in their
districts.
It may be increasingly important to represent the needs of funders.
Section Two: The House of Representatives
. . . and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
This establishes that the states are given the power to determine who
can vote in House elections.
Whoever can vote for members of the state House can vote for members of the U.S. House.
As we know from 2301, in a series of amendments, states have been limited in their ability to restrict the right to vote due to various
criteria.
15th – race, color, previous condition of certitude
19th – gender24th – non payment of poll taxes
26th – being 18, 19 or 20 years old
More amendments have been added to the national constitution on this subject than on any other.
Also as we noted in 2301, nowhere in the Constitution does it state
that the right to vote is an absolute right. This allows states to pass
laws impacting who gets to vote beyond those limits placed in the
Constitution.
Restrictions still exist for mental capacity and felony convictions.
An ongoing controversy regards voter ID legislation and other
efforts to tighten up access to the polls.
Section Two: The House of Representatives, continued
No Person shall be a Representative who shall not have attained to the age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
The age and residency requirements of the House are the
lowest of any of the political branches.
The residency requirement simply states that representatives have to be residents of the “state in which
he shall be chosen.”
There is no mention of districts.
Many states early on, and even since, have elected house
members to represent the state at large, meaning that they
represented the entire state.
For links, click here.For Texas’ at-large districts click here.
But states soon began to divide themselves into districts in order to allow for members of the House to represent a smaller, more compact
populations; local areas.
States then adopted requirements that people live in the districts they represent. Here is a map of the 110
Congress.
The redistricting process was impacted greatly by the court case Baker v. Carr.
It requires House districts to be redrawn after reapportionment in order to ensure they have equal
numbers within each state. This is to ensure the principle of “one person – one vote” is maintained despite the fact that people tend to move about
within the state and nation.
Legislative Redistricting
Here recent maps of national, state and local U.S. House districts.
Click here for the districts created in 2011 by the 82nd meeting of the Texas Legislature, and a summary of the redistricting process in the
state.
Texas is commonly accused of engaging in racial gerrymandering.
“gerrymandering is a practice that attempts to establish a political
advantage for a particular party or group by manipulating geographic
boundaries to create partisan, incumbent-protected districts.” –
wikipedia.
Here is the cartoon that coined the term “gerrymander.”
Here is a key controversy concerning gerrymandering:
Does it turn democratic representation on its head? Does it
allow representatives to select their constituents rather than vice
versa?
The least gerrymandered state is Iowa, it uses a non-partisan
commission (the Iowa Plan) to draw districts. Compar them to
Texas’.
Question: Has party competition corrupted the design of the House
as originally intended?
Note that members have to live in the states they represent.
Not all democracies have residency requirements.
Generally in parliamentary systems representatives can live anywhere
in the country.
Section Two: The House of Representatives , continued
Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers which shall be determined by adding to the whole Number of free persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.
The section includes the 3/5ths compromise which was necessary
to ensure that southern states would join the union.
This was repealed by the 14th Amendment.
Section Two: The House of Representatives , continued
The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct.
This creates the authorization for a census and the existence of a
Census Bureau.
A history of apportionment from the U.S. Census.
Each state is guaranteed one member of the House of
Representatives.
States with larger populations have a larger house delegation.
How do they figure it out?
The Method of Equal Proportions.
Here’s a video that describes the process.
As a result of the most recent census, the following states have
only one representative
AlaskaDelawareMontana
North DakotaSouth Dakota
VermontWyoming
The states with the largest delegations – as of 2010 - are
California - 53Texas - 36
New York - 27 Florida - 27Illinois - 19
For a history of apportionment click here. Here is the House’s web
page on apportionment.
Since representatives are apportioned to states, the number
of people per district can vary.
Average per district nationally – 710,767Smallest – Rhode Island - 527,624
Largest – Montana - 994,416
Controversies exist over whether the census bureau ought to ask anything
beyond the number of people who live in a household.
Click here for the form.
Census data are also used to determine how federal funds are
distributed.
Conservatives early on feared that greater information about the
nature of the population would lead to proposals for programs and
policies to impact those populations.
Section Two: The House of Representatives, continued
The Number of Representatives shall not exceed onefor every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
Over the course of history the House of Representatives has grown from a low of 65, to its current 435 (it briefly hit 437).
There are questions whether the number should be increased
further.
Click here for an overview of the increase.
In case you’re curious, the 30,000 limit means that the House cannot grow to contain more than 10,234
members.
Several Federalist Papers were devoted to the question about
how large a legislative assembly ought to be.
If it was too large, it would be chaotic.
If it was too small it could be easily bribed, or turn into a small cabal.
Section Two: The House of Representatives, continued
When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
The governors of each state have the power to set elections to replace members when they
vacate the office for any reason.
Notice that the Speaker is the only office mentioned in the document.
The Speaker is the presiding officer of the chamber, but nothing is
stated about what the powers of the office.
It was assumed that the office would be neutral, like the Speaker
of the House of Commons, but with the development of political
parties early Speakers began to use the office for political purposes.
The Speaker is invariably the leader of the majority party in the House and plays a role is setting
and implementing the party’s agenda.
As the institution has evolved, “other offices” refers primarily to
committee and party offices.
We will investigate these positions further in the next section, but
here’s a preview.
Committees
Committee ChairsRanking Members
Sub Committee Chairs
Click here for list of committees from House.gov.
Political Parties
Floor LeadersWhips
Caucus LeadersPolicy and Steering Chairs
Re-election Chairs
Click here for list from house.gov
Some positions have been created in Congress to run the place.
Chief Administrative Officer.Clerk of the House.
Parliamentarian of the House.Chaplain.
Here’s a list from Wikipedia.
The House also has the power of impeachment, which refers to the
process by which they can determine whether a trial ought to be held in the Senate to remove an
executive or judicial official from power.
It is similar to an indictment. Removal from office only occurs upon conviction in the Senate.
This is a legislative check on both executive and judicial power.
Section Three: The Senate
The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.
For information online:
Find Law: Article One, Section Three
Three Wikipedia: Article One, Section Three
Senate elections happen less frequently than those in the
House.
As a consequence they are more competitive and more costly.
All aspects of the design of the Senate are intended to remove it from the direct influence of the
electorate.
Each state is represented equally.
Senators have six year terms – the longest of any of the political
branches.
State Legislatures originally selected Senators, which meant that they didn’t represent the people of the states, but the
state’s themselves.
This was changed in the 17th Amendment to a direct election by
the people.
The Progressive Movement pushed for the change arguing that
corporate interests in the states controlled the selection of
Senators.
Section Three: The Senate, continued
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year
Senators serve overlapping terms. Note in the following list that each
member is assigned to a class.
A comfortable majority is immune from the preferences of the public
every two years.
Section Three: The Senate, continued
. . . and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
As opposed to the House, state governors have the power to replace Senators temporarily.
Section Three: The Senate, continued
No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
The age and residency requirements of Senators are
higher than the those of House representatives.
Section Three: The Senate, continued
The Vice President of the United States shall be President of the Senate but shall have no Vote, unless they be equally divided.
The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.
The Vice President is the presiding officer of the Senate, but has no
real power.
As with the House, the Senate can create additional offices.
These are similar to those established in the House.
Congress has also established a handful of agencies to assist
members of Congress by giving them information about legislation
and other policy issues.
Congressional Budget Office.Congressional Research Service.
Government Accountability Office.
Section Three: The Senate, continued
The Senate shall have the sole Power to try allImpeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
It is the Senate’s responsibility to remove an executive or judicial
official.
The two thirds requirement is meant to ensure that these are not driven by political considerations.
Noted Impeachments
Samuel ChaseAndrew Johnson
Bill Clinton
All failed
Two recent impeachments of Federal judges.
Samuel KentThomas Porteous
Section Three: The Senate, continued
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
An impeachment conviction only removes one from office. It is not a
criminal proceeding. But any impeached official can then be tried in a criminal or civil court.
Section Four: Congressional Elections and Yearly Meetings
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed ineach State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.
The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.
For information online:
Find Law: Article One, Section Four Wikipedia: Article One, Section
Four
States have control over certain aspects of elections. The date of national elections
was set in law as the Tuesday after the first Monday in November in 1845. Prior to this “Congress allowed states to hold their polls
any time in the 34 days before the first Wednesday in December, which was the
day the Electoral College met.”
Why must it be a Tuesday?
In Texas, congressional elections are governed by the Elections
Division of the Secretary of State’s Office.
For a fun read, follow this link to the Texas Election Code.
By fixing the date of elections in law, the ability to manipulate elections by opportunistically
timing them is minimized.
The requirement that Congress meet at least once a year prevents
the executive from limiting the power of the legislature.
Remember the eleven year’s tyranny?
Section Five: Qualification, Rules of Procedure, and Expulsion of
Members• Each House shall be the Judge of the Elections,
Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
For information online:
Find Law: Article One, Section Five Wikipedia: Article One, Section
Five
Each chamber can rule on controversies associated with the
elections of its members.
Recent example: The election of Roland Burris.
As it states, a majority of the representative must be present in
order for business to be conducted.
If needed, a compulsory process can be used to force members on
the floor for a process to continue.
The Sergeant at Arms is responsible for doing this.
Section Five: Qualification, Rules of Procedure, and Expulsion of
Members, continued • Each House may determine the Rules of its Proceedings,
punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
• Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Thomas Jefferson was responsible for writing out procedures for the
House and Senate.
Jefferson’s Manual
Many of the current procedures in the House and Senate were established in the Legislative Reorganization Act of 1970.
- Wikipedia.- Rules Committee.
Standing Rules of the House. Standing Rules of the Senate.
It is very rare, but on occasion members of Congress have been
expelled.
Since the First Congress, a record of everything said in the institution
has been kept. Much of if is now available online.
A Century of LawmakingCongressional Serial Set
Congressional Record (Thomas)
If requested by one fifth of the members, votes are recorded and
made public.
Recent roll call votes can be found online here.
Section Five: Qualification, Rules of Procedure, and Expulsion of
Members, continued • Neither House, during the Session of
Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
If one chamber adjourned without the consent of the other, then one
chamber can effectively negate what the other is doing.
Both chambers have to be in session in order for legislation to
pass.
Section Six: Compensation, Privilege from Arrest, Free Speech on the Floor, and Conflicts of
Interest
• The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
For information online:
Find Law: Article One, Section Six Wikipedia: Article One, Section Six
Recall from above: Members of Congress receive a competitive salary (currently $174,000) and
receive enough funding to have a sizeable staff in their DC offices
and several districts offices as well.
The remainder of this section reflects ancient concerns that the executive would (and has) use its powers to coerce the legislature
to act as it wants.
One noteworthy event in British history was when, on January 4,
1642, Charles I attempts to arrest five members of the House of Commons who were planning actions against the monarchy.
They left before the king arrived: "I see the birds have flown."
It is always problematic when executive officials intrude into the
legislature.
It is reminiscent of Caesar’s entry into the Roman Senate.
Freedom of speech on the floor on Congress is an ancient privilege dating back to the British Bill of
Rights. We covered this in the last section.
Members of Congress cannot be sued for what they say on the floor of Congress. The judiciary cannot
be used as an instrument to intimidate the legislature.
They are shielded from intimidation for outside groups.
Section Six: Compensation, Privilege from Arrest, Free Speech on the Floor, and Conflicts of
Interest, continued
• No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
Legislative officials cannot be bribed, or otherwise persuaded, by
executive officials with a paid position.
Consider this among the checks and balances.
Section Seven: Revenue Bills and the Bill Making Process.
All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.
For information online:
Find Law: Article One, Section Seven
Wikipedia: Article One, Section Seven
“Bills for raising revenue” are tax bills, and they must be first
introduced in the branch closest to the electorate.
The bills are subject to modification by the Senate.
Section Seven: Revenue Bills and the Bill Making Process, continued
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented tothe President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. . .
Section Seven: Revenue Bills and the Bill Making Process, continued
. . . But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law
This is the extent of the bill making process as far as the Constitution is
concerned. It says nothing about how bills go through each chamber.
We will cover this in the next section since it provides a good opportunity to
introduce political parties and committees.
A full description of the process.
A graphical description.
From the US House: The Legislative Process.
From the US Senate: Senate Legislative Process.
There are several types of bills:
BillsJoint Resolutions
Concurrent ResolutionsSimple Resolutions
This section includes two checks. One, the veto, is the executive’s
check on the legislature. The other, the override of a veto, is the
legislature’s check on the executive.
It also includes a third check. Since it is implied that a bill has to pass both the House and the Senate in the same language in order to be presented to the president, each gets to check the other branch.
Here is a list of all presidential vetoes.
Note that a bill becomes law even if the president does not sign it.
Once ten days pass with Congress in session, the bill becomes a law. Relatively unimportant legislation often is unsigned. Presidents tend
to only sign laws if the feel the need to highlight it. Read: the
pocket veto.
One area of conflict between the legislature and the executive concerns signing statements.
These provide opportunities for presidents to enter objections to legislation, sometimes in secret.
Now on to the section covering the delegated and implied powers of
the national government.
Recall that we also covered this section in 2301 when we discussed
federalism.
Section Eight: The Enumerated Powers of Congress
• The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
• To borrow Money on the credit of the United States;
Section Eight: The Enumerated Powers of Congress, continued
• To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
• To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
• To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
Section Eight: The Enumerated Powers of Congress, continued
• To establish Post Offices and post Roads; • To promote the Progress of Science and useful
Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
• To constitute Tribunals inferior to the supreme Court;
Section Eight: The Enumerated Powers of Congress, continued
• To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
• To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
• To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
Section Eight: The Enumerated Powers of Congress, continued
• To provide and maintain a Navy; • To make Rules for the Government and
Regulation of the land and naval Forces; • To provide for calling forth the Militia to
execute the Laws of the Union, suppress Insurrections and repel Invasions;
Section Eight: The Enumerated Powers of Congress, continued
• To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
Section Eight: The Enumerated Powers of Congress, continued
• To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of Particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings;--And
Section Eight: The Enumerated Powers of Congress, continued
• To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
For information online:
Find Law: Article One, Section Eight Wikipedia: Article One, Section
Eight
These are the delegated powers of the national government. These
contain the powers that Congress is specifically authorized to pass
laws about.
Note they concern, primarily, commerce and the military.
Three specific parts of section 8 have become known as the elastic clauses due to the flexibility in how
they have been interpreted.
General WelfareCommerce
Necessary and Proper
Section Nine: The Limits of Congressional Power
• The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
• The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
Section Nine: The Limits of Congressional Power, continued
• No Bill of Attainder or ex post facto Law shall be passed.
• No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census of Enumeration herein before directed to be taken.
• No Tax or Duty shall be laid on Articles exported from any State.
Section Nine: The Limits of Congressional Power, continued
• No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear or pay Duties in another.
• No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
Section Nine: The Limits of Congressional Power, continued
• No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State.
For information online:
Find Law: Article One, Section Nine Wikipedia: Article One, Section
Nine
This section contains the explicit limits on the powers of Congress.
The First Amendment adds to this list by stating six additional things
Congress cannot write laws about.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to
assemble, and to petition the Government for a redress of
grievances.”
The Tenth Amendment also defines a limit on national power,
but a very undefined limit.
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States,
are reserved to the States respectively, or to the people.”
Theoretically this means that the powers of the national
government are limited, but the powers of the states are expansive.
The language in the Texas Constitutions makes its powers
restrictive.
Increasingly loose readings of the elastic clauses have lead to greater conflict between the national and
state governments.
Section Ten: The Limits of State Power
• No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
Section Ten: The Limits of State Power, continued
• No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing its inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
Section Ten: The Limits of State Power, continued
• No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
For information online:
Find Law: Article One, Section TenWikipedia: Article One, Section Ten
This final section establishes the limits on state power.
Note that these powers are primarily national powers.
One purpose of this clause it to make clear that the states are not
in fact nations, and cannot do those things that nations do.
This was not clear in the Declaration of Independence or the Articles of Confederation.
Study Guide
- What were the basic features of the legislatures created in the Virginia, New Jersey and Hamilton Plans?- What powers are specifically granted to and prohibited from Congress in Article One?- What process is used to apportion representative to the several states?- What leadership positions are established in Article One?- Know the manner in which people are selected to the House and Senate of both Texas and the US. - What language in Article One protects the legislature from the other branches?
- What does Article One say about the bill-making process?- What types of powers are granted to Congress?- What language in Article One has led to expansions of national power?- What are the principle differences between Congress and the Texas Legislature?- What are the principle differences between the House and the Senate?