THE STRUCTURE AND POWERS THE STRUCTURE AND POWERS

OF CONGRESSOF CONGRESSI.I. The bicameral structure: two chambers.The bicameral structure: two chambers.  A. Many other nations have two house A. Many other nations have two house

legislatures, but the “upper house” is legislatures, but the “upper house” is largely ceremonial (e.g., British House of largely ceremonial (e.g., British House of Lords).Lords).

B. Purpose of bicameralism is to protect B. Purpose of bicameralism is to protect against an overly powerful legislature. against an overly powerful legislature.

C. House of Rep’s was expected to reflect C. House of Rep’s was expected to reflect popular will of average citizen.popular will of average citizen.

D. Senate was to provide more stability, D. Senate was to provide more stability, continuity, and in-depth deliberation.continuity, and in-depth deliberation.

E. Bicameralism acts as a E. Bicameralism acts as a moderatingmoderating effect effect on partisanship, and prevents on partisanship, and prevents government from steamrolling ahead and government from steamrolling ahead and infringing on people’s rights.infringing on people’s rights.

F. Bicameralism was part of the F. Bicameralism was part of the Connecticut (Great) Compromise at the Connecticut (Great) Compromise at the Const. Conven.Const. Conven.

G. See chart in book showing differences G. See chart in book showing differences between House and Senate.between House and Senate.

II. Delegated powers granted to the II. Delegated powers granted to the national governmentnational government

A.A. Expressed/enumerated: Expressed/enumerated: actually spelled out in the actually spelled out in the Const.Const.

  Levy taxes (revenue bills must Levy taxes (revenue bills must

begin in House).begin in House).Spend money for common Spend money for common

defense and public welfare.defense and public welfare.3.3. Borrow money.Borrow money.4.4. Regulate foreign, interstate, Regulate foreign, interstate,

Indian commerce.Indian commerce. This This clause has been tested clause has been tested frequently in the courts due frequently in the courts due to its broad interpretation by to its broad interpretation by Congress.Congress.

5.5. Establish naturalization and Establish naturalization and bankruptcy laws.bankruptcy laws.

A. Expressed/enumerated: A. Expressed/enumerated: actually spelled out in the Const.actually spelled out in the Const.

6.6. Coin money.Coin money.7.7. Establish weights and Establish weights and

measures.measures.8.8. Punish counterfeiters.Punish counterfeiters.9.9. Establish post offices.Establish post offices.10.Grant copyrights and 10.Grant copyrights and

patents.patents.11.11. Create courts inferior Create courts inferior

to Supreme Court.to Supreme Court.12.Define and punish piracy.12.Define and punish piracy.13.Declare war.13.Declare war.14.Raise and support an army 14.Raise and support an army

and navy.and navy.

B. Implied powers: suggested, but not B. Implied powers: suggested, but not actually expressed, in the Const.actually expressed, in the Const.

1.1. Based upon Based upon elastic clauseelastic clause..

2.2. Examples: Examples: national bank, national bank, conscription, paper conscription, paper money, air force, CIA money, air force, CIA

3.3. Strict v. loose Strict v. loose constructionist constructionist approaches.approaches.

   C. Inherent powersC. Inherent powers

1. Powers the 1. Powers the national government national government has simply by virtue has simply by virtue of being a sovereign of being a sovereign govt.govt.

2. Examples: 2. Examples: regulating regulating immigration, immigration, acquiring territory, acquiring territory, granting diplomatic granting diplomatic recognitionrecognition

A.A. Senate ratifies treaties with 2/3 Senate ratifies treaties with 2/3 vote.vote.

B.B. Senate approves presidential Senate approves presidential appointments with majority vote.appointments with majority vote.

C.C.House votes for impeachment House votes for impeachment (majority vote needed), Senate (majority vote needed), Senate tries impeachment cases (2/3 tries impeachment cases (2/3 vote needed to convict). vote needed to convict). Who is Who is subject to impeachment: Pres, VP, subject to impeachment: Pres, VP, and “all civil officers of the United and “all civil officers of the United States”States”

D.D.House elects President if no House elects President if no electoral majority, Senate elects electoral majority, Senate elects V.P.V.P.

E.E. Proposal of constitutional Proposal of constitutional amendments with 2/3 vote in both amendments with 2/3 vote in both houses.houses.

F.F. Each can seat, unseat, and punish Each can seat, unseat, and punish (e.g., censure) own members.(e.g., censure) own members.

IV. Institutional powers, i.e., those that IV. Institutional powers, i.e., those that relate to system of checks and balancesrelate to system of checks and balances

V. Powers Denied to CongressV. Powers Denied to Congress

A. Passing ex post A. Passing ex post facto laws.facto laws.

B. Passing bills of B. Passing bills of attainder.attainder.

C. Suspending C. Suspending habeas corpus habeas corpus except in cases of except in cases of rebellion or rebellion or invasion.invasion.

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