PLS 121: American Politics and GovernmentPLS 121: American Politics and Government

The Constitution The Constitution

The Lawmaking Process

2 / 32

Keep in Mind

• The Senate is:– Based on the English House of

Lords

– The chamber of the wealthy

– More stable

– More country-centered

– More removed from the masses

– Originally selected by the states

3 / 32

Keep in Mind

• The House is:– Based on the English House of

Commons

– The chamber of the masses

– Less stable

– More parochial

– More representative of the people

– Closer to the people

4 / 32

House

• Based upon population of the state– 435 (440) total

– Set by federal law after 1910

• The additional five are1. Resident Commissioner from Puerto

Rico

2. Delegate from District of Columbia

3. Delegate from American Samoa

4. Delegate from Guam

5. Delegate from US Virgin Islands

– These have all the powers of a US Representative, except they may not vote on the House floor

5 / 32

Senate

• Two from each state

6 / 32

Article I: Legislative Branch

• Section 1: Legislative Enactment

• Section 2: House of Representatives

• Section 3: The Senate

• Section 4: Elections

• Section 5: Internal Proceedings

• Section 6: Compensation

• Section 7: Passing Bills

• Section 8: Explicit Powers

• Section 9: Denied Powers

• Section 10: Powers Denied to States

7 / 32

Powers of Congress

• Explicit– Specified in the Constitution

• Implied– Created through the judicious

exercising of the Elastic and the Interstate Commerce clauses

8 / 32

Some Explicit Powers

• Collect Taxes

• Create an Army and a Navy

• Declare War

• Regulate non-Intrastate Commerce

• Establish Post Offices and Post Roads

• Create Inferior Courts

• Define and Punish Offences against the Law of Nations

9 / 32

Some Denied Powers

• No Suspension of Writ of Habeas Corpus– unless when in cases of rebellion or

invasion the public safety may require it.

• No Tax on State Exports

• No Ex Post Facto Laws

• No Preference to one State over Another

• No Title of Nobility

10 / 32

Interstate Commerce Clause

The Congress shall have power … to regulate commerce with foreign nations, and among the several states, and with the Indian tribes

Article 1, Section 8

11 / 32

Elastic Clause

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

Article 1, Section 8

12 / 32

Purpose of Congress

• The primary purpose of Congress is legislation: the creation of laws

13 / 32

Lawmaking Overview

• Introduced to each Chamber– Sent to relevant committee(s)

– Sent to relevant subcommittee

– Voted up to committee

– Voted up to chamber floor

• Sent to Conference Committee

• Sent back to Chambers

• Sent to President

14 / 32

Bills

• Anyone can write a bill, but only a member can introduce the bill– The bill must eventually be

introduced to both chambers, however

– All appropriations bills must be first introduced to the House of Representatives

• After the initial reading, the leadership assigns it to one or more committees

15 / 32

Committee Structure

• Types of Committees:– Standing

• Legislative jurisdiction

– Special, Select

• Oversight or Housekeeping

– Joint

• Sub-committees– More detail-oriented

16 / 32

Standing Committees (House)

– Agriculture

– Appropriations

– Armed Services

– Budget

– Education and Workforce

– Energy and Commerce

– Financial Services

– Government Reform

– Homeland Security

– International Relations

– Judiciary

– Resources

– Rules

– Science

– Small Business

– Standards of Official Conduct

– Transportation and Infrastructure

– Veterans’ Affairs

– Ways and Means

17 / 32

Other Committees (House)

• Select:– Permanent Select Committee on

Intelligence

– Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina

18 / 32

Standing Committees (Senate)

– Agriculture, Nutrition, and Forestry

– Appropriations

– Armed Services

– Banking, Housing, and Urban Affairs

– Budget

– Commerce, Science, and Transportation

– Energy and Natural Resources

– Finance

– Environment and Public Works

– Foreign Relations

– Health, Education, Labor, and Pensions

– Homeland Security and Governmental Affairs

– Judiciary

– Rules and Administration

– Small Business and Entrepreneurship

– Veterans’ Affairs

19 / 32

Other Committees (Senate)

• Special, Select, and Other:– Indian Affairs

– Select Committee on Ethics

– Select Committee on Intelligence

– Special Committee on Aging

20 / 32

Joint Committees

• Joint Economic Committee(6/4)

• Joint Committee on Printing(3/2)

• Joint Committee on Taxation(3/2)

• Joint Committee on the Library(3/2)

21 / 32

Senator One

• Second Term Senator

• Senior Senator from Nebraska

• Republican

• Committee Assignments– Banking, Housing, Urban Affairs

– Foreign Relations

– Intelligence

– Rules and Administration

22 / 32

Ben Nelson

• First Term Senator

• Junior Senator from Nebraska

• Democrat

• Committee Assignments– Agriculture, Nutrition, and Forestry

– Appropriations

– Armed Services

– Rules and Administration

23 / 32

Representative Lee Terry

• Senior Representative (1998)

• Second District

• Republican

• Committee Assignment– Energy and Commerce

24 / 32

Bills in Committee

• Small percentage of bills considered

• These are voted to subcommittees

• Subcommittees may:– Request for written comments from

relevant executive agency– Hold hearings to gather

information– Work out language of measure– Send back to committee

25 / 32

Bills in Committee

• The committee then votes on the bill– Send to full chamber with support

– Send to full chamber with no support

– Keep in committee

26 / 32

Bills in Chamber

• House:– The new bill is read (first reading)– Committee of the Whole (House)– Debated (each side gets equal

time)– The new bill is read (second

reading)– Riders (amendments) added– Referred to full House– Recommit Vote or vote on the bill

27 / 32

Bills in Chamber

• Senate:– Full vote of Senate Pass/Fail or:

– Postponed and revisited later

– Each Senator has 5 minutes if no objection offered; otherwise Senators can speak as long as they wish

– Amendments must be germane

– Then bill put forth to a vote

28 / 32

Conference Committee

• The House and Senate versions are usually different. The two versions go to the Joint Conference Committee

• A compromise is worked out between the two versions– Nothing new can be added

• Then the bill is sent back to the chambers

29 / 32

Bills in Chamber

• Minor differences?– Vote of Chamber

• Major differences?– Vote of Chamber, or

– Back to committee, or

– Bill may just be put aside

30 / 32

Bill to President

• President has ten days and three options:– Sign bill into law

• The bill is now a law

– Veto bill

• The bill goes back to both chambers to start the process all over again

– It takes 2/3 majority in each chamber to override a veto

31 / 32

Bill to President

• The President can also decide to do nothing– If the President refuses to sign the

bill, then it

• Automatically becomes law, or

• Automatically is vetoed (Pocket Veto)

32 / 32

Reading Assignment

• Read: SSB, Chapter 9