t he n ational g overnment unit two. c ongress chapter 6

THE NATIONAL GOVERNMENT

Unit Two

CONGRESS

Chapter 6

HOW CONGRESS IS ORGANIZED

Terms of Congress Congress, “First Branch of this Government” Article One of Constitution provides Congress

powers Every year 535 members of Congress meet in

Washington, D.C. A term of Congress starts every other year on odd

numbered years, lasts for two years total Each term divided into two sessions, a typical session

of Congress lasts from January until November Special sessions may meet in times of crisis, joint

session occurs when the House and Senate meet together, i.e. the State of the Union address

HOW CONGRESS IS ORGANIZED

A Bicameral Legislature The House of Representatives

435 voting members based on population of states, Every 10 years a census taken by the Census Bureau

to adjust the representatives from each state States divided into one or more congressional districts,

one representative elected from each district State legislatures design the districts to include the

same number of constituents, or people represented States sometimes abuse this by gerrymandering,

designing a district to increase voting strength of a particular group

Representatives serve two year terms, focus mainly on concerns of individual district while senators focus largely on the state as a whole

ARKANSAS DISTRICTS, REPRESENTATION BY STATE

HOW CONGRESS IS ORGANIZED The Senate

The Senate has 100 members, 2 from each state

Senators serve 6 year terms

Elections are staggered throughout the country so that no more than 1/3 of the senators are up for election at any one time

Who are Arkansas senators?

HOW CONGRESS IS ORGANIZED Congressional Leaders

Political party of more than half the members of the House and Senate, known as the majority party

The Speaker of the House is most powerful leader with the House of Representatives, in charge of guiding legislation, moderating floor debates, third in line for the presidency

Senate’s leader vice president, rarely attends sessions unless to vote in case of a tie

The chair person of the Senate is the president pro tem, position is more ceremonial rather than influential

Floor leaders have most power; make sure that Congress passes laws that are in the best interest of their own political parties, try to sway votes

Helped by the party whips who keep track of where party members stand on the issues

HOW CONGRESS IS ORGANIZED Types of Committees

Standing Committees continue their work from session to session (p.142)

The Senate-16, House-19 Select committees created

to do a specific task for a limited time

Joint committees include members from House and the Senate

Conference committees helps the House and Senate agree on the details of a proposed law

To get on a committee, the congressman must have seniority

Longest serving members serve as chairs, most powerful members of Congress

Criticism talented people can be overlooked

The Powers of Congress

Expressed Powers Powers of Congress -first 17

clauses of Article I, Section 8 Section 8, Clause 18 gives

Congress the authority to do whatever is “necessary and proper” to carry out the expressed powers, the powers of clause 18 are called implied powers

Clause 18 is called the elastic clause because it allows Congress to stretch its powers to meet new needs

Primary jobs of Congress create laws, spend and budget money


Taxing and Spending To pay for the gov’t and the services it

provides, Congress collects taxes All tax bills must start in the House of

Representatives, Senate must approve and the president must sign off on it

Two step process 1. Authorization bills create projects,

establish how much money can be spent on them

2. Appropriation bills provide the money for each program or activity

o Government agencies can’t spend money without congressional approval

The Powers of CongressRegulating Commerce Article I, Section 8, Clause 3,

gives Congress the power to regulate trade among the states as well as make laws dealing with air traffic, radio, railroads, T.V., etc.

It also gives them the power to regulate foreign trade

Foreign Relations and Treaties Congress can declare war and

has the power to create, maintain, and oversee an army and navy

The Senate must approve any treaties made with other countries

The Powers of CongressNonlegislative Powers Power of Approval and Removal Propose constitutional amendments Counts electoral votes and checks other branches

of government Senate approve/ reject presidential nominations

(Supreme Court, Cabinet) Congress can remove any federal official who has

committed serious wrongdoing House has authority to impeach: accuse officials of

misconduct in office, If a majority of the House votes to impeach an

official then Senate acts as jury and decides by a 2/3 vote whether to convict and remove the person from office

Only two presidents have been impeached, Andrew Johnson and Bill Clinton,both were tried and acquitted by the Senate

Oversight and Investigation Congress can conduct investigations and monitor

the effectiveness of programs, i.e. agricultural programs, investigations on scandals, etc


Limits on Power Congress may not pass laws that violate the Bill of

Rights Congress may not suspend the writ of habeas

corpus, requires police to bring person in front of judge and explain why they are being charged

Prohibited from passing bills of attainder, laws that strip a person of civil rights or property

Congress may not pass ex post facto laws, these are laws that make an act a crime after the act has been committed

Cannot interfere with powers reserved for states Supreme Court has the power to check Congress by

declaring laws established by Congress unconstitutional President can veto bills passed by Congress, they can

override it with 2/3 vote

Representing the People

Requirements and Benefits of Congress Senator

30 yrs old, 9 yrs citizenship, & live in state Representative

25 yrs old, 7 yrs citizenship, live in state Not required, but traditionally live in their district

About ½ lawyers Almost all have college degrees, active in

community, past political experience


Members of Congress receive an annual salary of $169,300

Receive free office space, parking, and trips home

Franking privileges- sending job related mail w/out paying postage

Congress also grants its members immunity, or legal protection, in certain situations


Personal Staff Run DC & home offices Gather info, arrange mtgs, write speeches,

handle voter requests, deal with reporters & lobbyists, work for reelection

Interns – research & office duties Pages – errands

Committee Staff For all committees & subcommittees Most have expert knowledge View job as working for committee Draft bills, gather info, organize hearings,

negotiate w/lobbyists Basically, they keep the process moving.

Representing the PeopleSupport Services Congress has several agencies

to support its work Library of Congress as a

source of info, the Congressional Research Service (CRS) looks up arguments for and against proposed bills

The General Accounting Office (GAO) reviews spending activities of federal agencies, studies federal programs, recommends ways to improve financial performance

Congressional Budget Office (CBO) provides Congress with info for making budget decisions; it estimates costs and economic effects of programs

Representing the People Lawmaking

Making Laws Casework

Working on the problems of their constituents; requests are usually about 10,000 per year

Anything from legal trouble to financial problems usually handled by the staff

Helping the District or State Members work to give constituents a

share of the trillion of dollars spent by the gov’t each year

Public projects, etc. that could bring money for the congress member’s state or district

Gov’t projects and grants that primarily benefit the home district or state are known as pork-barrel projects

HOW A BILL BECOMES A LAW

Types of Bills 10,000 Bills introduced during

Congress, only a few hundred pass become laws

2 categories of bills: Private- concern individual people

or places Public- bills apply to the entire

nation like taxation, civil rights, or terrorism

Congress also considers resolutions (formal statements expressing lawmakers’ opinions), joint resolutions- passed by both houses of Congress, can become law


From Bill to LawIntroduction of Billso Bills often recommended by

lobbyists, special interest groups, and constituents

o Bills can only be introduced by Senators or Representatives, the bill is then given a title and a number (S- Senate, HR-House of Reps.)

o The bill is then sent to the standing committee that is qualified to handle it


Committee Action Committee chairperson decides which bills are given

consideration, which ones are ignored If chosen committee can do the following:

1) Pass bill without changes

2) Edit bill with changes, suggest that it be passed

3) Replace original bill with a new alternative

4) Ignore the bill and let it die, called “pigeonholing”

5) Kill the bill by majority vote When a committee is against a bill, its chances

of survival are slim

HOW A BILL BECOMES A LAWFloor Debate Bills approved in committee go back to

House or Senate for consideration, put on a calendar for debate

House has a Rules Committee controls when bill is heard; priority to certain bills ,kill a bill by not letting it on the floor

When it gets to the floor, Congressmen argue pros and cons of bill and may add amendments

Unrelated amendments called riders The House has limit on the length of

the debate, Senate does not, Senators can discuss bill until it is dead, called filibuster, can be ended by cloture, which rarely happens


Voting on a Bill After debate, the House and Senate vote Voice Vote: members say yea or no Standing vote: those in favor stand Roll call vote: In senate, voice votes in turn If the bill passes either the house or senate it

then goes to the other branch to be voted on Has to be passed in identical form by both

houses, if not it goes to conference committee


Presidential Action If bill passes both House

and Senate, goes to the President for approval

He can either:

a. sign the bill to make it a law,

b. veto the bill

c. pocket veto (waits 10 days ,hopes Congress will adjourn so they cannot override his veto)

OR……

Congress can override veto by 2/3 vote of each house

The President and the Executive Branch

Chapter 7

The President and the Vice PresidentQualifications for President

1) 35 years old

2) Native-born “American” citizen

3) Resident US for at least 14 years Presidential Trends All but one have been Protestant

Christian Most have college degrees Many were lawyers, most came

from states with large populations

Past 50 years office has been open to wider groups of people (women, non-Protestant, African Americans)

The President and the Vice President

Electing a President Presidential elections every 4 years,

Constitution does not provide for direct elections

System based on the electoral college

Each state appoints electors, who then vote for one of the major candidates

When you vote for president, not voting for president, but elector who pledges to vote for the candidate

Electoral votes total of its U.S. Senators and Reps. (AR 6, CA 55)

Candidates need 270 of 538 electoral votes to win the presidency

The President and the Vice President Term of Office

Until 1951 no limits on how many terms President could serve

Term lasts 4 years 22nd Amendment (1951) limits president to 2 terms

or maximum 10 yrs if began during another President’s term

Salary $400,000 a year plus travel expenses, lives and works in the White House

Staff of 80 takes care of the President, family Camp David in Maryland which serves as a retreat The President has many methods of paid travel


Vice President Qualifications are the same as the President Vice Presidents rarely in the public eye,

purpose head of Senate, be prepared to take over if something happens to the President

9 Vice Presidents have taken over in U.S. History

John Adams: “I am Vice President. In this I am nothing, but I may become everything.”


Presidential Succession 8 Presidents have died during office, the Constitution

states vice president will take on the “powers and duties” of the presidency

1947, Congress passed the Presidential Succession Act, line of succession after the vice president

1) President 2) Vice President 3) Speaker of the House 4) President Pro Tem 5) Secretary of State 6) Order Cabinet post created


25th Amendment (1967) President leaves or dies, the vice

president becomes president, chooses another VP

Gives VP a role in determining whether a president is disabled or unable to do the job

Only been used three times VP Spiro Agnew resigned in 1973 and

Pres. Nixon replaced by Gerald Ford who replaced Nixon as president in 1974

1985 Ronald Reagan needed surgery, told Congress he couldn’t lead, VP George H.W. Bush assumed the presidency for about 8 hours

The President's JobConstitutional Powers Executive Power –described in Article II Main job is to carry out the laws passed by

Congress Other powers/ duties:

1. Veto bills passed by Congress

2. Call Congress into special session

3. Commander in chief

4. Receive leaders, officials of foreign countries

5. Make treaties

6. Appoint heads of executive agencies, federal court judges, ambassadors, and other gov’t officials

7. Pardon people convicted of federal crimes

8. State of the Union address every year discusses the most important issues facing nation

The President's Job

Roles of the President Chief Executive In charge of 15 cabinet

departments and 3 million workers of the federal government

Gives executive orders (rule or command that has the force of law), executive orders deal with big issues (integration of the armed forces in 1948)

Appoints judges to the Supreme and federal courts, pending Congressional approval

Power to pardon, reprieve, or give amnesty

The President's Job Chief Diplomat- directs foreign policy toward other

countries, decides how the U.S. will act Commander in chief of all armed forces President and Congress share power to declare war,

Congress has only declared war 5 times, president has sent troops into action overseas more than 150 times

1973 - War Powers Resolution -president must notify Congress within 48 hours when troops sent to battle, must be brought home after 60 days unless Congress gives approval for them to remain longer

The President's Job Legislative Leader Influences Congress with

legislation that he would like to see passed

Makes speeches to build support for his program and campaigns to get his ideas supported by Congress

Head of State- President is living symbol of the nation,

The President’s Job

Economic Leader- President plans the federal government’s budget

Party Leader- gives support to fellow party members by giving speeches, help them in campaigns, raising money

Making Foreign Policy A nation’s overall plan for dealing

with other nations is foreign policy

1. National security (keep country safe from attack)

2. International trade3. Promoting world peace4. Promote democracy, preserve

basic human rights, encourage peaceful governments

o Works with the State Department, Defense Department, the Central Intelligence Agency, and the National Security Council

Give the president advice on foreign relations

“The State Department wants to solve everything with words and the generals with guns”-President Lyndon Johnson

Making Foreign Policy

Tools of Foreign Policy Creating Treaties and

Executive Agreements The Senate must approve treaties

by a 2/3 vote President can go around the

Senate by issuing an executive agreement

Appointing Ambassadors: the president appoints ambassadors (representatives to countries that the U.S. recognizes)

Foreign Aid: assists other countries in times of crisis by providing support

International Trade: makes agreements with other nations about what products traded and the rules for trading; issues trade sanctions or embargos on countries

Military Force: send troops to foreign countries even if Congress has not declared war

Presidential Advisers and Executive Agencies

Executive Office of the President

Created 1939 by FDR White House Office 500 people work directly for the

President Most powerful the chief of

staff, assistant for domestic affairs, lawyer to the president, press secretary

White House Office screens the flow of information and people trying to reach the President

They decide who gets to speak to the President


Office of Management and Budget (OMB) Prepares federal budget, monitors spending by

hundreds of government agencies National Security Council (NSC)

Helps the President coordinate military, foreign policy Members include the vice president, secretary of state,

secretary of defense, chairman of the Joint Chiefs of Staff group of the top commander of each of the armed forces

The NSC supervises the CIA which gathers information about gov’ts of other countries


Council of Economic Advisers (CEA)

President names members, Senate approves them

Give president advice about economic matters (employment, tax policy, inflation, and foreign trade)


Cabinet – group of presidential advisers, not specified in Constitution, head of 15 top level executive departments

Developed over time through custom and usage

Make important policy decisions Meet when president finds necessary Heads of departments must be approved by

senate

Cabinet Positions

Department of State Plans and carries out the

nations’ foreign polices Department of the

Treasury Collects, borrows, spends,

and prints money Department of Defense

Manages the armed forces Department of Justice

Responsible for all aspects of law enforcement

Department of the Interior Manages and protects the

nation’s public lands and natural resources

Department of Agriculture Assists farmers and

consumers of farm products Department of Commerce

Supervises trade, promotes U.S. tourism and business

Department of Labor Concerned with the working

conditions and wages of U.S. workers

Cabinet Positions

Department of Health and Human Services Works for the health

and well-being of all Americans

Department of Housing and Urban Development Deals with the special

needs and problems of cities

Department of Transportation Manages the nation’s

highways, railroads, airlines, and sea traffic

Department of Energy Directs the energy plan

for the U.S.

Department of Education Provides advice and

funding for schools Department of

Veterans Affairs Directs services for

veterans Department of

Homeland Security Established in 2002 in

response to 9/11, oversees America’s defense against terrorist attacks


Vice President and the First Lady Vice presidents usually have little power Changed recently First Lady- wife of president Not mentioned in Constitution, take on

causes close to them

Presidential Advisers and Executive Agencies Federal Bureaucracy –

agencies and employees of executive branch Bureaucrats/civil

servants – people who work for federal gov’t

Executive branch carries programs created by Congress1.Turn new laws into

action 2.Administer the day-to-

day operations of the federal govt

3.Federal agencies regulate various activities

Presidential Advisers and Executive Agencies Executive Agencies

Independent agencies responsible for certain specialized areas

NASA Government Corporations

50 independent agencies that act like private businesses

Senate approves president’s choice of a board to run corp. Charge fees for services, but not supposed to

make a profit Example – USPS

Regulatory Boards & Commissions President appoints members, approved by Senate To protect the public Make & enforce rules FCC – Federal Communications Commission

Presidential Advisers and Executive Agencies Gov’t Workers

Political appointees – chosen by president, proven executive ability or important supporters of the president’s election campaign

Civil service workers – approx. 90% of all national govt workers, based on experience.

Civil service system – the practice of hiring workers on the basis of open, competitive examinations & merit.

Spoils system – before 1883 – jobs went to people as a reward for political support (reformed under Pendleton Act)

Merit system – civil service system, workers have to meet standards, pass tests

The Judicial BranchChapter 8

The Federal Court System Supreme Court top court in the US Goal is “equal justice for all” Accused considered innocent Federal court system created in Article

III of the Constitution Established Supreme Court, gave

Congress power to establish lower federal courts

1789 Judiciary Act, established federal district courts and circuit courts of appeals

1891 System of appeals courts created Three levels: District Court, Appeals

Court, Supreme Court Exists alongside state court systems

The Federal Court System Jurisdiction over the following 8 kinds

of cases (courts authority to hear cases)1. Cases involving the Constitution2. Violations of Federal Laws3. Controversies between states4. Disputes between parties from different

states5. Suits involving the federal government6. Cases involving foreign gov’t7. Cases based on admiralty and maritime

laws8. Cases involving U.S. diplomats

The Federal Court System

Relation to State Courts In some areas federal courts

have exclusive jurisdiction, state courts have jurisdiction over all other matters

Cases heard in either a state or federal court, concurrent jurisdiction, they share jurisdiction

Someone has broke both federal and state laws, option to have the trial in either the federal court or state court

Citizens of different states where $50,000 involved

How Federal Courts Are Organized

U.S. District Courts 94 District Courts (all states

have at least one district) Federal courts where trials

are held and lawsuits are begin

All federal cases must begin in a district court (original jurisdiction)

Responsible for determining facts of cases

Trial courts for criminal and civil cases, only district courts where witnesses testify and juries hear cases

How Federal Courts Are OrganizedU.S. Courts of Appeals Next level of court system

(appellate courts, federal appeals court)

Review decisions of lower district courts

Have appellate jurisdiction Review cases where lower

court applied law incorrectly, review regulatory agency rulings

12 U.S. courts of appeals, geographic area called a circuit

13TH court, Court of Appeals for the Federal Circuit, nation wide jurisdiction (patent law, international trade)


Appeals courts do not hold trials

Decide appeals in one of 3 ways

1. uphold the original decision,

2. reverse the decision,

3. remand the case where it must be tried again Panel of 3 or more judges review case, listen to

arguments Announcing the Decision One judge writes an opinion (a detailed explanation

behind the decision) Sets a precedent for all courts, gives guidance to

other judges hearing similar cases


Federal Judges Selection and Tenure of

Judges President appoints Federal

judges, share his opinion on politics and issues

Gives president opportunity to affect country after he leaves office

Have to be approved by Senate

Appointed for life Judge only removed through

impeachment, allows judges to make decisions knowing job is safe

How Federal Courts Are OrganizedOther Court Officials Magistrate Judges: issue court

orders, hear preliminary evidence, decide whether case should go to trial, whether accused should be held or released

U.S. Attorneys: gov’t lawyers, prosecute people accused of breaking federal laws, represent U.S. in civil cases; appointed to 4 year terms by president

Report to Attorney General U.S. Marshals: make arrests, collect

fines, take people to prison, protect jurors, keep order in courts, serve legal papers including subpoenas

The United States Supreme Court Supreme Court has original jurisdiction in only two instances:

cases involving diplomats from foreign countries, cases which state is involved

All other cases come from appeals from lower federal courts When it refuses to hear a case, decision from lower court upheld 8 associate justices led by a chief justice Main duty is to hear and rule on cases

United States Supreme CourtThe Supreme Court Justices Selection of Justices President appoints Supreme Court justices, with consent of

Senate Chosen based on political views and motives, receive help

from justice department Senate has rejected many presidential nominees, doubts on

the candidate’s qualification (1 in 5) Background of the Justices Always lawyers, been successful judges or lawyers First African American justice Thurgood Marshall (1967) First female justice Sandra Day O’Connor (1981)

United States Supreme Court Judicial Review Main job of Court- decide whether laws or actions by

gov’t officials are constitutional Judicial review, power to say whether any federal,

state, or local law against the Constitution Constitution does not give court power of judicial

review Court claimed power Marbury v Madison case (1803) Question over judges appointed by Adams at the end

of his term Marbury took case to Supreme Court Chief Justice Marshall ruled Marbury’s claim was valid

(ruled that Judiciary Act gave the court powers it shouldn’t have and Marbury lost his case)

United States Supreme Court Three important principles of

judicial review:

1) Constitution is the supreme law of the land

2) Conflict between the Constitution and any other law, Constitution rules

3) The judicial branch has duty to uphold the constitution

o Decision helped make the judicial branch equal in power to executive and legislative branches

Supreme Court also interprets

language of the law

United States Supreme Court Limits on the Courts’ Power Checking the Court1. Presidents are supposed to follow the court’s

decisions but this has not always happened In Worcester v. Georgia (1832)- Jackson

refused to carry out Supreme Court decision2. Congress can get around Supreme Court ruling

passing new law, changing a law deemed unconstitutional

3. President can also keep the Court in check by appointing people to the court who will work with him

4. Tries to stay away from political questions

Deciding Cases at the Supreme Court How Cases Reach the Court Acceptance Supreme Court meets October -July Each month justices spend 2 weeks

listening to oral arguments, 2 weeks in recess (writing opinions, studying new cases

Most cases the Supreme Court receives are appeals from lower federal court and state courts

7,000 cases to review a year Only select those that 4 of 9 justices

agree to review; accepted cases go on the court docket, or calendar

Justices give a higher priority to the cases that involve constitutional issues, legal issues, civil liberties, cases that affect the entire country

Deciding Cases at the Supreme Court

1) Written Arguments Brief (written document

explaining side) submitted by each side that the justices will study

2) Oral Arguments 30 minutes given to each

side to summarize the case, judges often ask questions

3) Conference Fridays – secret meetings

(no one else is there, and no minutes kept) – justices debate the case and decide on where they stand

Deciding Cases at the Supreme Court

4) Opinion Writing Opinion states facts and reasoning for the decision Set a precedent for lower courts to follow Chief Justice determines who will write the opinion,

written opinion sets a precedent for future cases, communicates Court’s views to the public• Majority Opinion• Dissenting Opinion• Concurring Opinion

5) Announcement Announced after the opinion writing is completed. Printed and given to the press and on the court’s

website

Reasons for Court Decisions The Law Stare decisis (let the decision stand) following

precedent, makes law predictable Law can be flexible, courts can overrule outdated

precedent Court decisions can clarify meaning of Constitution Social Conditions As society changes court makes changes in the law 1890’s Plessy vs. Ferguson; 1954 Brown vs. Board of

Education Two different interpretations of the 14th Amendment

Reasons for Court Decisions Legal Views Judges have varying

views on role of courts Some judges active-

want to hear many types of cases

Others hesitant to use court to promote new ideas and policies

Personal Beliefs Judges have different

experiences that affect their viewpoints

t he n ational g overnment unit two. c ongress chapter 6

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