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Chapter 5

Copyright © by Houghton Mifflin Harcourt Publishing Company

US Government: Principles in Practice

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Chapter 5: Congress: The Legislative Branch Overture

Section-1 Congress

Section-2 The Powers of Congress

Section-3 The House of Representatives

Section-4 The Senate

Section-5 Congress at Work

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• Members of Congress strive to represent the interests of their constituents while keeping in mind the needs of the country as a whole.

• Congress is a bicameral legislature with a House of Representatives and a Senate.• Congress plays a vital role in the system of checks and balances.

Section 1 at a GlanceCongress

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Main IdeaThe voters elect members of Congress to represent them and to enact laws in their name. Congress plays a vital role in our government’s system of checks and balances.

Congress

Reading Focus• How does Congress represent the people?• Why is the structure of Congress important?• What is the role of Congress in the system of checks and balances?

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Congress is the representative body through which the will of the people is made into law.

Congress and the People

Members of Congress•Tend to be older than the general population•Tend to be wealthier•Most of them have been white men•In recent years, more representative of the nation’s diversity

Representing the People•Represent the interests of their constituents, the voters in the district that elected them•Attempt to balance the needs of their constituents with those of the nation as a whole•Civilization ended around 400 BC

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Identifying the Main IdeaWhat groups do members of Congress represent?

Reading Check

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Identifying the Main IdeaWhat groups do members of Congress represent?

Reading Check

Answer(s): individual constituents, groups of constituents, the nation as a whole

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Congress is a bicameral legislature made up of the House of Representatives and the Senate.

The Structure of Congress

The Senate•100 members•Each state represented by two senators•Senators serve six-year terms

The House of Representatives•1929: number fixed at 435•Number of representatives each state can elect based on state’s population•Apportionment: distribution of seats according to population•Representatives serve two-year terms

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The Two-House Structure•Bicameral legislature proposed at the 1787 Constitutional Convention•Great Compromise combined elements of two previously proposed plans, Virginia Plan and New Jersey Plan•Bicameral system adopted parts of both plans: states would have equal representation in Senate, but proportional representation based on population in House of Representatives

The Structure of Congress {continued}

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SummarizingWhat are the key features and purposes of the bicameral structure?

Reading Check

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SummarizingWhat are the key features and purposes of the bicameral structure?

Answer(s): possible answer—two houses with representation in one based on population, the other with equal representation; to balance democratic representation with political stability

Reading Check

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Congress and Checks and Balances

The Power of Advice and Consent•Senate must approve treaties negotiated by president •Senate has power to reject presidential appointees

The Power of the Purse •Only Congress can deny funding requests from executive branch•Through appropriation, Congress can prevent president from carrying out policies

Other Checks and Balances•Begins process of amending Constitution•Can override presidential veto of bill•Congressional oversight: broad powers of executive review

The Impeachment Power•Impeachment power rarely used•Congress can charge officials with wrongdoing, bring them to trial•Process only in cases involving treason, bribery, “high crimes and misdemeanors”

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Identifying Supporting DetailsWhat are some examples of checks and balances Congress has over the executive branch?

Reading Check

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Identifying Supporting DetailsWhat are some examples of checks and balances Congress has over the executive branch?

Reading Check

Answer(s): possible answer—power of the purse, power of advice and consent, impeachment, veto override, oversight

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• Congress has extensive expressed, inherent, and implied powers.• The extent of Congress’s implied powers is a subject of debate.• The powers of Congress have expanded over time with the growth of government.

Section 2 at a GlanceThe Powers of Congress

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Main IdeaThe Constitution gives Congress many expressed powers, and it implies some others. The Constitution also places limits on the powers of Congress.

Congress

Reading Focus• What types of powers does Congress have?• What are the expressed powers of Congress?• What are the implied powers of Congress?• What are some of Congress’s nonlegislative powers?• What are some of the limits on the powers of Congress?• How has the power of Congress changed during U.S. history?

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A Fire Leads to Change

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Defining the Powers of Congress

• Three types of powers held by Congress—Expressed: spelled out in Constitution—Implied: suggested in Constitution in the necessary and proper clause—Inherent: powers a government maintains simply because it is a

government• In addition to granting powers to Congress, the Constitution explicitly denies powers to the

legislative branch.

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ContrastingWhat is the difference between an expressed power and an implied power?

Reading Check

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ContrastingWhat is the difference between an expressed power and an implied power?

Answer(s): An expressed power is specifically granted by the Constitution, whereas an implied power is merely suggested by the Constitution.

Reading Check

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Expressed Powers of Congress

Commerce Power •Has power to regulate interstate commerce under Constitution’s commerce clause•Only Congress can pass laws affecting economic activity that takes place across state lines.

Financing Powers •Uses power to “lay and collect taxes” by levying direct taxes and indirect taxes•Has power to borrow money on behalf of the United States in case of deficit

Other Expressed Powers•Deal with regulation of national economy (coinage, postal service, copyrights and patents, weights and measures)•Include establishing bankruptcy law, naturalization process, courts

Defense-Related Powers•Framers granted Congress power to declare war•Congress retains power to raise army and navy and to provide for their funding

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Expressed Powers of Congress

Clause 2:• To borrow money

Clause 1:• To levy taxes

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Expressed Powers of Congress {continued}

Clause 4:• To establish uniform rules of citizenship

Clause 3:• To regulate foreign and interstate commerce

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Clause 6:• To punish counterfeiters

Clause 5:• To coin money; to set uniform weights and measures

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Clause 8:• To make copyright and patent laws

Clause 7:• To establish post offices and post roads

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Clause 9:• To establish national courts inferior to the

Supreme Court

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Clause 11:• To declare war

Clause 10:• To define and punish piracy and other violations of international law

Clause 12:• To raise and support armies

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Clause 14:• To establish military laws

Clause 13:• To raise and maintain a navy

Clause 15:• To call up a national militia in times of uprising or foreign invasion

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Clause 17:• To exercise jurisdiction over the District of Columbia

Clause 16:• To organize, arm, and discipline a militia when it is called into

service

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Clause 18:• To make all laws necessary and proper

to the execution of any of the other expressed powers

Over time, Clause 18, the necessary and proper clause, has become the source of authority for much of the congressional legislation that affects Americans’ everyday lives.

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SummarizingHow do Congress’s expressed powers in finance, defense, and commerce give it a leading role in American life?

Reading Check

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Answer(s): possible answer—The powers to coin money, borrow money, levy taxes, and regulate commerce give Congress great power over the economy and the direction and scope of federal programs. Its power to declare war and its role in the National Guard ensures that Congress plays a major role in defense. These powers ensure that Congress plays a leading role in American life.

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SummarizingHow do Congress’s expressed powers in finance, defense, and commerce give it a leading role in American life?

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Landmark Supreme Court Cases Gibbons v. Ogden (1824)

Why It Matters:Gibbons v. Ogden was the first case in which the Supreme Court ruled on the Constitution’ commerce clause, which concerns Congress’s power to regulate interstate commerce.

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Loose and Strict Constructionists• Founders disagreed about how necessary and proper clause should be defined• Strict constructionists

—Congress should only exercise powers explicitly granted in Constitution—Known as Antifederalists

• Loose constructionists—Congress should have more freedom to interpret Constitution—Known as Federalists

Implied Powers of Congress

The Necessary and Proper Clause Today• Has led to expanded federal authority over time

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Identifying Cause and EffectHow did the Supreme Court’s decision in McCulloch v. Maryland lead to extension of congressional power?

Reading Check

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Answer(s): by allowing Congress to take other reasonable actions in the interest of preserving the general welfare.

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Identifying Cause and EffectHow did the Supreme Court’s decision in McCulloch v. Maryland lead to extension of congressional power?

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Powers Common to Both Houses• Propose const itutional amendments• Conduct investigations• Ability to issue subpoenas, documents that require person to testify

Nonlegislative Powers

Powers of the Senate•May choose vice president •Provides advice and consent on presidential appointments •Must approve treaties negotiated by president

Powers of the House •Under Twelfth Amendment, House can choose president if no candidate receives majority of electoral votes

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Making InferencesWhy do you think the subpoena power is important for Congress?

Reading Check

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Answer(s): To conduct its investigations honestly and effectively, Congress needs to be able to call people to testify.

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Making InferencesWhy do you think the subpoena power is important for Congress?

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• Many clauses in Constitution protect citizens’ basic civil rights• Congress may not suspend writ of habeas corpus, except in cases of rebellion or invasion• Congress is forbidden from passing bill of attainder, law that allows person to be punished

without trial• Constitution also forbids Congress from passing ex post facto laws, laws that criminalize a

past action

Limits on the Powers of Congress

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Identifying Supporting DetailsWhat are some of the limitations on the powers of Congress?

Reading Check

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Answer(s): possible answer—judicial review, executive veto, constitutional bans against passing bills of attainder and ex post facto laws.

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Identifying Supporting DetailsWhat are some of the limitations on the powers of Congress?

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In the twentieth-century Congress expanded its power to meet the needs of the growing nation.•Responded to severe economic crisis in 1930s: provided Social Security, help to unemployed•Post–World War II, responded to new status of nation as dominant world power: created new U.S. Air Force, CIA, NASA•Delegated some powers to federal agencies it created

The Changing Power of Congress

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Identifying the Main IdeaWhat has happened to the powers of Congress over time?

Reading Check

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Answer(s): possible answer—They have grown with the scope of Congress’s activities.

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Identifying the Main IdeaWhat has happened to the powers of Congress over time?

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• Membership in the House of Representatives is apportioned to each state on the basis of its population. After each census, seats in the House are reapportioned among the states and new district boundaries are drawn.

• The Speaker of the House is one of the most powerful leaders in government.• The House relies on a committee system to conduct much of its business.

Section 3 at a GlanceThe House of Representatives

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Main IdeaThe House of Representatives, with its frequent elections and regular reapportionment, is the more representative chamber of Congress. Its members carry out much of their work in committees.

The House of Representatives

Reading Focus• What are the key features of the House of Representatives and its membership?• What are some of the challenges that reapportionment and redistricting raise?• How is the leadership of the House organized?• What is the role of committees in the operation of the House?

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The Power of the Speaker

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Membership in the House

Informal Qualifications•Candidates with military backgrounds, celebrities often popular choices for House membership•Ability to raise significant funds for campaigning is important informal qualification for House membership

Formal Qualifications•House members chosen by direct popular vote•According to Constitution, House is responsible for “Elections, Returns, and Qualifications of its own Members”•Representative must be at least 25 years old and resident of state he or she represents.•Members must also have been U.S. citizen at least 7 years

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Identifying Supporting DetailsWhat are the formal and informal qualifications for membership in the House?

Reading Check

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Answer(s): at least 25 years old, U.S. citizen for seven years, resident of state represented, high voter appeal, ability to raise money

Reading Check

Identifying Supporting DetailsWhat are the formal and informal qualifications for membership in the House?

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One Person, One Vote• According to Constitution, each person’s vote must have same basic value• Gerrymandering has been used to disenfranchise racial minorities• Supreme Court has restricted use of gerrymandering

Reapportionment and Redistricting

Gerrymandering•State governments responsible for creating voting districts within state•Gerrymandering: redrawing district boundaries for political gain

Changes in Population•Each state must have at least one representative•Constitution requires that House redistribute number of seats available to each state every 10 years •Reapportionment based on most current census figures

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SequencingWhat are the steps by which House seats are assigned to different states?

Reading Check

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Answer(s): A census is held; Congress reapportions seats to the states based on the changes in population

Reading Check

SequencingWhat are the steps by which House seats are assigned to different states?

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The Speaker of the House• The presiding officer of the House is called the Speaker of the House.

—Elected by his or her peers— Member of majority party

• The Speaker has authority over much of the business of the House.— Presides over debates— Rules on points of order— Assigns bills to committees

• The Speaker is behind the vice president in the line of succession to the presidency.

Leadership in the House

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Other Leadership Posts• Party officers elected at beginning of term at party caucus• Both Democratic and Republican Parties elect floor leader• Majority leader serves as assistant to Speaker of the House• Both parties elect whips, function is to secure votes in line with party leadership

Leadership in the House (cont’d.)

House Rules• House has congressional authority to make own rules• House Rules Committee very powerful, responsible for setting conditions under which bills

are debated

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Making InferencesWhat role does the leadership play in running the House?

Reading Check

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Answer(s): possible answer—Leadership sets committee assignments, shapes the House’s agenda and debates, and enforces party discipline.

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Making InferencesWhat role does the leadership play in running the House?

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The Role of Committees

Other Committees•Select committees: meant to carry out specific task•Joint committees include both House and Senate members; address issues that affect both chambers

Standing Committees •Standing committees: permanent committees that address broad topics •Subcommittees: specialize in areas within a broader topic

Committee Membership•House members usually serve on two standing committees, four subcommittees at a time•Members request assignments based on personal interest, concerns of constituents

Committee Chairs•Position of committee chair very powerful•Chairs chosen by majority party•Position usually goes to most senior member on committee”

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Identifying the Main IdeaWhat is the advantage of having committees in the House?

Reading Check

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Answer(s): possible answer—Committees divide the workload and allow members to specialize on specific areas of public policy.

Reading Check

Identifying the Main IdeaWhat is the advantage of having committees in the House?

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• Each state has two senators, regardless of population. Like the House, the Senate relies on a system of committees.

• Senate traditions, such as open debate, make it a distinctive body.

Section 4 at a GlanceThe Senate

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Main IdeaSenators represent entire states, have longer terms, and follow different rules of debate. These features help give the Senate its reputation as a more weighty and careful body than the House.

The Senate

Reading Focus• What are the major features of the Senate and its membership?• What are the Senate’s leadership posts?• What is the role of committees in the Senate?• What are some of the distinctive rules and traditions of the Senate?

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The Power of the Speaker

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Election of Senators• State legislatures originally chose senators • Since 1913, 17th Amendment, elected by direct popular vote

The Senate and Its Membership

Informal Qualifications•Tend to be older and wealthier than House members•Senate does not reflect diversity of U.S. population •Less diverse body than HouseElection of Senators

Formal Qualifications•Must be at least 30 years old •Must reside in state he or she represents•Must be U.S. citizen at least nine years•Serve six-year terms

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ContrastingHow do requirements for a senator’s seat differ from those for a House member?

Reading Check

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Answer(s): senator, at least 30 years old, instead of 25, must have been a U.S. citizen for at least nine years instead of seven

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ContrastingHow do requirements for a senator’s seat differ from those for a House member?

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Senate Leadership

Constitutional Positions•Senate’s presiding officer

—Vice president of the United States is president of the Senate—Largely ceremonial; votes only in circumstance of tie, casts deciding vote

•When presiding officer absent—President pro tempore presides in absence of president of the Senate,

traditionally longest-serving senator of majority party—Third in line in presidential succession behind Speaker of the House

Party Leaders•Leading the majority

—Senate majority leader most powerful position in Senate—Chosen by party caucus, works to fulfill party’s agenda in Senate

•Minority leader guides work of minority party in Senate

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Identifying the Main Idea and DetailsWhat is the Senate leadership structure?

Reading Check

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Answer(s): President of the Senate presides; president pro tempore presides in the absence of the president of the Senate; Senate majority and minority leaders head their respective parties.

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Identifying the Main Idea and DetailsWhat is the Senate leadership structure?

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Committees in the Senate

Membership in Committees•Usually serve on three committees and five subcommittees•Members seek assignments that align with constituents’ concerns and personal interests.

Types of Senate Committees•16 standing committees and dozens of subcommittees•Assignments allow senators to become familiar with specific issues of public policy

Senate Committee Power•Top nominees of president reviewed by relevant Senate committee•Debate and vote on treaties, need two-thirds majority to become law

Committee Chairs•No senator can chair more than one committee•Committee chairmanships generally chosen by seniority rule

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ContrastingHow do committee assignments differ in the House and Senate?

Reading Check

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Answer(s): Senate committee assignments are made by the party caucus rather than by party leaders.

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ContrastingHow do committee assignments differ in the House and Senate?

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The Filibuster• Senate places fewer limits on debate than House • Senators may use stalling tactics like filibuster

—Opponents of measure refuse to stop talking hoping to prevent measure from coming to vote

—Cloture can limit filibuster, requires two-thirds vote to end debate

Rules and Traditions

Discipline in the Senate• Constitution states Senate should judge conduct of own members• Senators can be expelled or censured

Filling Vacancies• Vacancy occurs if senator dies in office or retires during term• State’s governor appoints temporary replacement

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SummarizingWhat are some of the unique traditions of the Senate?

Reading Check

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Answer(s): filibuster, cloture, governor-appointed replacements

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SummarizingWhat are some of the unique traditions of the Senate?

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Should seniority be a determining factor for committee chairs in the House of Representatives and the Senate?For most of the twentieth century, committee chairs were chosen strictly according to the seniority system, which reserved these posts for the long-serving committee members of the majority party. A series of reforms in the 1970s and 1990s empowered party conferences to elect their committee chairs through secret ballots and set term limits on a chair’s service. Still, committee chairs and ranking minority party members are almost always the longest-serving members of their respective parties on a committee.

Debating the Issue: The Seniority System

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Debating the Issue

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• Bills may be introduced in either house and usually get assigned to committees for analysis and revision.

• Floor debates differ in the House and Senate.• Differences between House and Senate versions of a bill are resolved in a conference

committee.• The president needs to sign a bill for it to become law.

Section 5 at a GlanceCongress at Work

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Main IdeaThe main job of Congress is to make laws. The process of making laws is well established and orderly.

Congress at Work

Reading Focus• How are bills introduced in Congress?• What happens to a bill in committee?• What happens to a bill on the floor of the House and Senate?• What is a conference committee?• What actions can a president take on a bill?

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Purpose of Laws

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Bills in Congress

Introducing Bills•Both houses of Congress introduce bills

— Most bills are public and affect entire country— Private bills affect only one individual or small group of people

•Rider: provision added to a bill that has little or no relationship to bill’s main intent

— Usually unpopular provisions unlikely to pass on their own

Other Types of Action•Joint resolution: similar to a bill

— Used for certain circumstances— Must be signed by president, carries force of law

•Concurrent resolutions: address operations in both chambers, do not carry force of law

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SummarizingWhat are some of the legislative actions that Congress takes?

Reading Check

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Answer(s): passing bills, passing joint resolutions, passing concurrent resolutions

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SummarizingWhat are some of the legislative actions that Congress takes?

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Most bills submitted to Congress do not become law.

Bills in Committee

The Subcommittee’s Report•Subcommittee issues report on bill to full committee following hearing•Subcommittee’s report based on majority of committee members’ recommendation•Report can be favorable, unfavorable, neutr

Referral•Bills first referred to particular committee in House or Senate•Bill may later be assigned to subcommittee

Committee and Subcommittee Hearings•Public hearings get input on bills under consideration

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Bills in Committee {continued}

The Markup Process•Full committee further debates bill, considers any amendments•If committee decides to take no further action, bill is virtually killed•Rarely, discharge petition used by House to force bill out of committee

House Rules•House Rules Committee sets rules to govern how bills debated or amended•Some major budget or appropriations bills bypass Rules Committee•Three main types of rules: open, closed, modified

—Open rules allow amendments—Closed rules forbid amendments—Modified rules limit amendments

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SummarizingWhat are the steps a bill follows while it is in committees?

Reading Check

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Answer(s): assigned to subcommittee, hearings held, subcommittee report, markup process, committee votes on how to report bill to full chamber or takes no action on bill, if approved by committee, bill passes to Rules Committee

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SummarizingWhat are the steps a bill follows while it is in committees?

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After a bill leaves committee, it moves on for the full consideration by the House or Senate.

The Bill on the Floor

The Bill in the Senate•Requests for debate limits and amendment restrictions require unanimous consent of Senate.•Important bills subject to roll-call votes, as in House

The Bill in the House•House votes to accept rules•Committee of the Whole is formed by all members •Debates bill, recommends amendments•Quorum for Committee of the Whole is only 100•Members must publicly state votes in roll-call vote

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Comparing and ContrastingHow does floor debate on a bill differ in the House and Senate?

Reading Check

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Answer(s): possible answer—The House limits time allowed for debate and the right to offer amendments; the Senate usually does not place such limitations.

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Comparing and ContrastingHow does floor debate on a bill differ in the House and Senate?

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Resolving differences between House and Senate versions of a bill is the responsibility of a conference committee.

• No formal rules for dual-chamber committee meetings• If conference committee does not reach agreement, bill may die• If conference committee does reach agreement, issues report to both houses • If both House and Senate accept, bill moves on for president’s approval

The Conference Committee

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Comparing and ContrastingWhat is the purpose of a conference committee?

Reading Check

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Answer(s): to resolve differences between House and Senate versions of a bill; create a common bill acceptable to both

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Comparing and ContrastingWhat is the purpose of a conference committee?

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• President can sign bill into law• President can choose not to sign bill.

—After 10 days if Congress still in session, bill becomes law—If Congress adjourns during 10-day period, bill does not become law; known

as a pocket veto• President may outright veto bill• Congress can override veto with two-thirds majority vote in both houses

Presidential Action on a Bill

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SummarizingWhat are the different ways a president has to reject a bill?

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Answer(s): pocket veto and veto

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SummarizingWhat are the different ways a president has to reject a bill?

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The Sources of LawsWhere do members of Congress get ideas for legislation and information in deciding which bills to introduce or support? As the people’s representatives, they must be open to ideas from a number of sources.•The executive branch•Constituents•Interest groups

We the People: The Citizen and the Constitution

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