Roots of Legislative Branch

Under British, colonial assemblies chosen as advisory bodies to royal governors.

• Assemblies gradually assumed more power in each colony, gaining responsibility over taxation/spending.

• Continental Congress: gathering of selected legislators from 13 colonies

• Continental Congress became 1st American Congress

Under ARTICLES

CONGRESS LACKED POWER TO:

After CONSTITUTION

TO CONGRESS HAD POWER TO :

1.

2.

3.

4.

5.

6.

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

Under ARTICLES

CONGRESS LACKED POWER TO:

After CONSTITUTION

TO CONGRESS HAD POWER TO :

1. Provide for effective treaty-making

power and control foreign relations

2. Compel states to meet military

quotas; could not draft soldiers.

3. Regulate interstate and foreign

commerce.

4. Collect taxes directly from people

5. Compel states to pay their share of

government costs.

6. Provide for a uniform currency; left

up to states, and monies in

circulation differed tremendously in

value.

1. Declare war and make peace.

2. Enter into treaties and alliances.

3. Establish and control armed forces.

4. Requisition men and money from states.

5. Borrow money and issue bills of credit.

6. Fix uniform standards of weight and

measurement.

7. Create admiralty courts.

8. Create postal system.

9. Regulate Indian affairs.

10. Guarantee citizens of each state rights

and privileges of citizens in several states

when in another state.

11. Adjudicate disputes between states on

state petition.

12. Coin money (issue currency); states could

not issue own currency

Which Branch is ‘Most’ Powerful?

• Congress placed at center of government.

– Article I

• In early years, Congress held bulk of power.

• Today, presidency has become quite powerful

particularly since FDR.

– Congress now generally responds to executive

branch legislative proposals.

Congressional Terms

• Full term of Congress = 2 years

• Session = actual work time

• Recess = break (NOT an adjournment)

• Senators: 6 year term with 1/3 of seats up for reelection

every 2 years.

• House: 2 year terms, must be re-elected every general

election. ALL MEMBERS CAN CHANGE!

• Adjournment: End of a term

• NO LIMIT TO TERMS!

Makeup of Legislative Branch

• Great Compromise: Created bicameral legislative branch

• Upper house: Senate, each state receives 2

representatives.

– 100 total

• Lower house: House of Representatives, apportioned

by population.

– 435 total

Qualifications for Congress

House

• 25 years old

• US Citizen for 7 years

• Resident of state you

represent

Senate

• 30 years old

• US Citizen for 9 years

• Resident of state you

represent

What about informal qualifications?

Are there informal qualifications?

Bicameralism • Purpose

– Limits power of legislature (think House of Commons)

– Two different mindsets

• House – “will of the people”

• Senate – steady hand; in-depth analysis

– Slows down government

– Constitution

• Consequences

– Can lead to gridlock

– Requires compromise

– Creates an additional check/balance

115th Congress as

compared to

previous Congress

Congressional

approval ratings

hit an all-time low

in November of

2013 (9%).

Today, that number

has SOARED to

19%...what if you

had a 19 average in

a class??

116th Congressand Important

Congressional Offices

Party Breakdown in 116th Congress

Senate

Republican Party 53

Democratic Party 45

Independents 2

*Independents Angus King-

Maine and Bernie Sanders-

Vermont both caucus with the

Democrats

House

•Republicans 200

•Democrats 235

(1 vacancy)

Salaries of the 115th Congress

Senate

• $174,000/year

• Senate

Majority/Minority

leaders, President Pro

Tempore = $193,400

House

•$174,000/year

•Speaker; $223,500

How does this compare?

1789 - $6 per diem (~$85/day in 2016)

1874 - $5,000/year ($~107,000/year in 2016)

1990 - $98,400

Non-monetary compensation?• Franking

– Free postage

• More free stuff!!

– Office space

– Travel allowance (just not too much)

– Staff budget

• Insurance is sweeeeeeeeeet

Congressional Leadership Offices to Know

• Speaker of the House

• House Majority Leader

• House Majority Whip

• House Minority Leader

• House Minority Whip

•President of the Senate

•President Pro Tempore of

the Senate

•Senate Majority Leader

•Senate Majority Whip

•Senate Minority Leader

•Senate Minority Whip

•For Unit Test- What do they do? What are the official jobs of

each leadership position?)

•For Quiz- Who are they?-Who holds these positions in the

116th?? (14 people) What party are they from?

+ Georgia’s 2 Senators and 1 Congressman

116th Congress Leadership

Speaker of the House• Nancy Pelosi

• (D-California)

• born 1940

• Speaker from 2007-2011, 2019 - present

• Represented San Francisco since 1988

Roles of Speaker of the House

• Principal leader of House

• Typically will – (1) preside over daily sessions of House

– (2) preserve order in chamber

– (3) state parliamentary motions

– (4) rule on parliamentary questions

– (5) appoint committee chairs and members

– (6) refer bills to committee

– (7) sign legislation, writs and warrants

– (8) act as official spokesman for House

House Majority Leader

• Steny Hoyer

• (D-MD)

• born 1939

• House since 1981

Role of House Majority Leader

• Role been defined by history and tradition. –Schedules legislation for floor

consideration–Plans daily, weekly, and annual

legislative agendas–Consults with Members to gauge

party sentiment–Works to advance goals of majority

party

House Majority Whip

• James Clyburn

• D – South Carolina

• Born 1940

• Member since 1993

House Majority Whip Duties

– (1) assist floor leader

– (2) ensure member attendance

– (3) count votes

– (4) generally communicate majority position

House Minority Leader• Kevin McCarthy

• (R-CA)

• born 1965

• House since 2007

• Was the first female Speaker of the House in U.S. History (2007-2011)

House Minority Leader Duties

• Principal leader of minority caucus.

• Responsible for

– (1) developing minority position

– (2) negotiating with majority party

– (3) directing minority caucus activities on chamber floor

– (4) leading debate for minority

House Minority Whip

• Steve Scalise

• (R - LA)

• born 1965

• House since 2008

Minority Whip Duties

– (1) assist minority leader on floor

– (2) count votes

– (3) ensure attendance of minority party members

President of the Senate

• Vice-President

Mike Pence

• Born 1959

• Congress since 2001

• Formerly the governor of Indiana

President of the Senate

• VP is President of Senate.

• Non-voting member unless vote of Senate ends in a tie, in which case VP casts deciding vote. – Constitution understands VP will not always

be available and provides for President pro tempore (literally, temporary president)

President Pro Tempore of the Senate

• Chuck Grassley

• R-Iowa

• Born 1933

• First elected to the

Senate in 1981

President Pro Tempore of the Senate

• Elected by Senate

–By custom, most senior senator in majority party

–Primarily honorary, does not carry significant political power

Senate Majority Leader

• Mitch McConnell

• (R-KY)

• born 1942

• Senate since 1985

Senate Majority Leader

• Leads majority party in Senate

• Manages and schedules legislative and executive business of Senate

• In practice Senate Majority leader highly influential figure, usually has great deal of power over what legislation is approved by Senate.

– Has authority over other officials such as Senate whips and floor leaders

Senate Majority Whip

• John Thune

• R – South Dakota

• Born 1961

• Senate since 2005

Senate Majority Whip

• 2nd ranking member of Senate

• Main function of Majority Whip is to gather

votes on major issues.

Senate Minority Leader

• Charles “Chuck”

Shumer

• (D-NY)

• born 1950

• House 1981

• Senate since 1999

Senate Minority Leader

• Elected as leader of minority party

–Serves as chief Senate spokesperson for party

• Helps to manage and schedule legislative and executive business of Senate.

Senate Minority Whip

• Dick Durbin

• (D-IL)

• born 1944

• Senate since 1997

Senate Minority Whip

• 4th ranking member of Senate

• Main function: gather votes on major issues

among members of minority party.

Georgia’s Speaker of the House

• David Ralston - R

• Blue Ridge

• Speaker since 2010

• State Senator from 1992-1998

• Former Attorney General of GA

Georgia’s 36th House District Representative

• Ginny Ehrhart- R

• Elected in 2018

• Chair of Subcommittee on education

Georgia’s 37th Senate District Representative

• Lindsey Tippins- R

• Senate 2010

• Former CCSD school chair

Georgia’s Senior Senator

• Johnny Isakson-R

• Elected 2004

• Former member of House

• Real Estate Broker

Georgia’s Junior Senator

• David Perdue- R

• Elected 2014

• Businessman

• Former CEO of Reebok and Dollar General

Georgia’s Congressional Delegation

9- Republican and 5-Democrats

1. Buddy Carter (R)

2. Sanford Bishop (D)

3. Drew Ferguson(R)

4. Hank Johnson (D)

5. John Lewis (D)

6. Lucy McBath (D)

7. Rob Woodall (R)

8. Austin Scott(R)

9. Doug Collins(R)

10. Jody Hice (R)

11. Barry Loudermilk (R)

12. Rick Allen (R)

13. David Scott (D)

14. Tom Graves (R)

Critical Thinking

Compare the

Information

You Can

Draw from the

Two House Maps

Critical Thinking 2

Compare the

Information

You Can

Draw from the

Three Maps

•2001 GA

Redistricting Map

•Found to be

unconstitutional

2012

Congressional

Districts

Metro Atlanta:

The Hillgrove district

is located in the 11th

Congressional district.

This seat is currently

held by Rep. Barry

Loudermilk (R).

13th

How our wonderful

neighbors to the

west drew their

Congressional

districts

How are these

districts

Constitutional?

Gerrymander• Drawing district lines that gives

unfair advantage to one group over another.

• Named for Elbridge Gerry, former Governor of Massachusetts

• Mixture of word salamander and Governor Gerry’s name

• Often drew legislative/district lines to benefit friends

The Original “Gerrymandered” District

Gerrymandering?• How it works

– “Packing” securing opposition into few districts, saving a majority for yourself

– “Cracking” – disperse opposition and dilute their influence (majority/minority)

Gerrymandering?

Gerrymandering?

Gerrymandering?

Apportionment and Redistricting

• Constitution requires all Americans be counted

every 10 years by census.

• Census determines allotment of seats in House

• Redistricting (redrawing of congressional districts to reflect changes in population shifts)

done by state legislatures

– Gerrymandering often struck down by courts.

Gerrymandering solved??

Shaw v. Reno (1993)

• Facts of the Case

• Janet Reno = US Attorney General

• North Carolina reapportions its districts…creates

one black-majority district.

• Reapportionment is rejected, districts redrawn,

creates two black-majority districts.

• Citizens sue

• Question: Did the North Carolina residents' claim, that the State created a racially gerrymandered district, raise a valid constitutional issue under the Fourteenth Amendment's Equal Protection Clause?

Gerrymandering?

Shaw v. Reno (1993)

• YES!!

• SCOTUS rules that segregation, even if

not belligerent, violates their equal

protection.

• Placing people that are geographically

far apart (separated by both space

and political boundaries) is still

segregation.

Powers ofCongress

Taxation

Lawmaking DeclareWar

Regulate Commerce

SpendMoney

CreateCourts

Make all laws

"necessary and proper" to carrying out

the enumerated powers

Under ARTICLES

CONGRESS LACKED POWER TO:

After CONSTITUTION

TO CONGRESS HAD POWER TO :

1. Provide for effective treaty-making

power and control foreign relations

2. Compel states to meet military

quotas; could not draft soldiers.

3. Regulate interstate and foreign

commerce.

4. Collect taxes directly from people

5. Compel states to pay their share of

government costs.

6. Provide for a uniform currency; left

up to states, and monies in

circulation differed tremendously in

value.

1. Declare war and make peace.

2. Enter into treaties and alliances.

3. Establish and control armed forces.

4. Requisition men and money from states.

5. Borrow money and issue bills of credit.

6. Fix uniform standards of weight and

measurement.

7. Create admiralty courts.

8. Create postal system.

9. Regulate Indian affairs.

10. Guarantee citizens of each state rights

and privileges of citizens in several states

when in another state.

11. Adjudicate disputes between states on

state petition.

12. Coin money (issue currency); states could

not issue own currency

Powers of Congress

Legislative power

• Expressed (enumerated)

• Implied

– “necessary & proper” (Article

I, Sec. 8)

Powers of Congress

Non-legislative powers

• Electoral powers

– Selects POTUS/VPOTUS when necessary in

Electoral College

• Amendments

– 2/3 vote in each house

– National convention requested by 2/3 of state

legislatures

Powers of CongressNon-legislative powers

• Impeachment

– House; brings charges (grand jury function)

– Senate; holds trial (only 2 times in history)

• Executive powers of Senate

– Appointment confirmation

– Treaty confirmation

• Investigative/oversight

– Oversees bureaucracy/policies of executive branch

Congress and Policy Making

A. Enacting policy

Legislative process

B. Implementing policy

Appropriation of passed legislation

Use of iron triangles (interest

groups/committees/bureaucracy)

C. Interpreting policy

Committee system hashes out legislation

Is Congress efficient?

Bicameralism

Decentralization – power is spread out

Proponents need many victories

Large amounts of time spent on fundraising

Extreme partisanship

Is Congress a true representation

of America?Geographical interest > national interest

Demographics?

Seniority rules!!

Is Congress ethical?

Fund raising??

PACs?

Junkets?

Logrolling?

Families?

Power of Incumbency• 2014: 95% of House incumbents won reelection despite an

overall Congressional approval rating of about 14%

• 2014: 82% of Senate incumbents won reelection

• 2012: 90% of House members won reelection

• 2012: 91% of Senate members won reelection

• Senate reelection rates tend to be lower than that of House (2012 was a bit of an aberration)

• Advantages– Greater name recognition

– Easier to raise money; about 75% of contributions goes to incumbents

– Credit claiming which increases victory of margin

– Discourages challengers

– Franking- free mail to constituents

– Participation in gerrymandering

• Disadvantages– Voters more likely to vote for person NOT party

– Challengers with deep pockets

Term Limits? • US Term Limits, Inc. v. Thornton (1995)

– Arkansas limits Congressional term limits

– SCOTUS; 5-4 decision AGAINST the state.

– Concurring: Finally, state-imposed restrictions… violate a third idea central to this basic principle: that the right to choose representatives belongs not to the States, but to the people. ... Following the adoption of the 17th Amendment in 1913, this ideal was extended to elections for the Senate. The Congress of the United States, therefore, is not a confederation of nations in which separate sovereigns are represented by appointed delegates, but is instead a body composed of representatives of the people. (John Paul Stevens)

– Dissenting: It is ironic that the Court bases today's decision on the right of the people to "choose whom they please to govern them." Under our Constitution, there is only one State whose people have the right to "choose whom they please" to represent Arkansas in Congress... Nothing in the Constitution deprives the people of each State of the power to prescribe eligibility requirements for the candidates who seek to represent them in Congress. The Constitution is simply silent on this question. And where the Constitution is silent, it raises no bar to action by the States or the people. (Clarence Thomas)

Term Limits? • Congressional Approval Rating

• 5 Reasons to Oppose Congressional Term Limits– Of the 5 reasons given which is most compelling? Least

compelling?

– What would you argue as a counter to these arguments? Provide specifics.

Organization of Congress

• Welcome to the

circus!

Tools in the Legislative process

Legislative tactics

• Caucuses

• Committee system

• Filibuster & cloture

• Pork barreling (earmarks)

• Logrolling

• Riders

• Amendments

• Lobbying

• Conference committee

Organization of Congress• Every 2 years, new Congress is seated.

– 117th currently in session

• Congress opens each new session in January after election day

– 1st order of business is election of leaders, adoption of new rules.

• Both houses of Congress organized by party for both

leadership and committee purposes.

– CONGRESS—VERY PARTISAN!

Key Differences Between HousesFound in Constitution

House

• Initiate revenue, budget, and appropriation bills-$$$$

• All money bills start in House

• Impeaches president

• Selects President in case no majority winner in electoral college

Senate

• Offers “advise and consent” for presidential nominees by confirmingpresidential appointments of federal judges, Supreme Court justices, heads of departments and agencies, and ambassadors

• Convicts president AFTER impeachment in House

Other Important Differences Between Two Houses

House

• Formal

• Many rules

• Rules Committee very powerful

• “Germaneness” requirement for bills

• Become specialists in 1 major area

• Speaker extremely powerful

Senate• Foreign policy experts

• Relaxed

• Less rules (filibuster

allowed)

• No Rules Committee

• Senators become generalists

and become ‘experts’ in

several key areas

• Senate “holds” on bills

• Unanimous consent

agreements to ease bill

passage

Committee System • Real work done by

committees & subcommittees

• Committees historically been of same ratio of party members as each house

• Ratio of committee assignments ratio SHOULD be same as ratio in entire House/Senate

• VERY political

• How can committees casework affect legislators?

Types of House Committees

• House has 4 types of committees

• Standing (or permanent) committees

• Special (or select) committees

• Joint and conference committees

• Committee of the Whole

Standing House Committees

• “Permanent” House panels identified in House Rule

X, which also lists jurisdiction of each committee.

• Have legislative jurisdiction: standing committees

consider bills/issues and recommend measures for

consideration by full House.

– Have oversight responsibility to monitor agencies,

programs, and activities within their jurisdictions

Special or Select House Committees

• Have issue-specific jurisdictions, functions

and responsibilities set forth in House Rules.

• Frequently created for finite time period.

House CommitteesStanding Committees

Committee on Agriculture

*Committee on Appropriations (projects)

Committee on Armed Services

*Committee on the Budget

Committee on Education and the Workforce

Committee on Energy and Commerce

Committee on Financial Services

Committee on Government Reform

Committee on Homeland Security

Committee on House Administration

Committee on International Relations

Committee on the Judiciary

Committee on Resources

*Committee on Rules (runs the House)

Committee on Science

Committee on Small Business

Committee on Standards of Official Conduct

Committee on Transportation and Infrastructure

Committee on Veterans' Affairs

*Committee on Ways and Means (taxes)

Special, Select, and Other

House Permanent

Select Committee on Intelligence

Select Bipartisan Committee to

Investigate the Preparation for

and Response to Hurricane

Katrina

• Joint

Joint Economic Committee

Joint Committee on Printing

Joint Committee on Taxation

Committee of the Whole• Most important committee composed of all

House Members

• Created to expedite consideration of bills

• Quorum is 100 Members (as compared to 218 in the House) and debate on amendments conducted under 5-minute rule following general debate.

• Debates over details of legislation almost always conducted when House sitting as Committee of the Whole, which reports its legislation, with any amendments, to House for an up/down vote.

Types of Senate Committees

• 3 types of committees

• Standing committees

• Select (or special) committees

• Joint and conference committees

Senate Standing Committees• Permanent bodies with specific responsibilities

spelled out in Senate's official rules.

• Senate committees divided, according to relative

importance, into 3 categories

• Class A, Class B, and Class C.

– Senators limited to service on 2 Class A committees and 1

Class B committee.

– Assignment to Class C committees made without reference

to member's service on any other panels.

Special (and Select) Senate Committees

• Most fall into either Class B or Class C category.

• Created for clearly specified purposes

• Now considered permanent, though not initially

– Special investigating committees, such as 1973 Select Committee to Investigate Presidential Campaign Activities (Watergate Committee), expire after they submit final report to Senate.

Senate Committees• Standing Committees

Agriculture, Nutrition, and Forestry *Appropriations (projects)

Armed Services Banking, Housing, and Urban Affairs Budget Commerce, Science, and Transportation Energy and Natural Resources Environment and Public Works *Finance (money)

*Foreign Relations (treaties)

Health, Education, Labor, and Pensions Homeland Security and Governmental Affairs *Judiciary (approves judges)

Rules and Administration Small Business and Entrepreneurship Veterans Affairs

• Special, Select, and Other Indian Affairs Select Committee on Ethics Select Committee on Intelligence Special Committee on Aging

• Joint Joint Committee on Printing Joint Committee on Taxation Joint Committee on the Library Joint Economic Committee

Former President Pro Temp

Ted Stevens (R-AK)

and his $223 Million dollar“Bridge to Nowhere”

And his $500K

“Salmon-Thirty-Salmon ”

Two Pork Barrel-Earmarks

for Alaska

Joint Committees

• Composed of Members from both House and

Senate.

• Most important job of joint/conference

committee is to smooth out differences

between versions of same bill before it goes to

President for signature

Lawmaking

• Most important

constitutional power of

Congress: make laws.

– Shared by House and

Senate.

• Bill must be passed by both

houses

Lawmaking• Anyone can write a bill

– Only member of House/Senate may introduce bill.

• Bill must survive 3 stages:

1. Committees

2. The floor

3. The conference committee.

• Over 9,000 bills proposed and fewer than 5 to 10% enacted.

• Bill can die at any stage, MOST DO!

• ALL REVENUE BILLS MUST ORIGINATE IN HOUSE

How a Bill Becomes a LawThe Process:

1. Introduced to House (or Senate)

2. Assigned to committee by Leader or Speaker

3. Assigned to subcommittee-

-Most bills die in committee

(Bill Goes to Rules Committee in House only)

4. Returns to floor with report by committee

-Debate of bill

5. Passes or fails on floor

6. On to other body with same schedule

7. If both houses pass bill, they are likely different

versions so the 2 bills go to

-Conference Committee

8. If the Conference Committee agrees then the

new bill goes to both Houses for one final

approval

-Many bills die here, too!

9. But…if both chambers approve it goes to the

President

10. He can

-Sign it into law

-Let it become law (if Congress is in session)

-Veto it

-Pocket veto (if Congress is not in session)

11. Congress can override presidential veto with a

2/3 vote of each house

How a Bill Becomes a Law, The Process:

How a Bill Becomes a LawThe Process:

Introduction

• <10% actually pass

• Most migrate from Executive Branch (policy

influence…think Obamacare)

• Bills easily defeated…victories tough

• Two key steps

– Authorization – allows a program

– Appropriation – provides funding

• Only a simple majority (50% + 1) needed for most

steps

How a Bill Becomes a LawThe Process:

Committee & Subcommittees

• Pass – reported for consideration

• KILL

• Amend?

– Earmarks used to denote changes

• Pigeonhole

– “We’re not NOT working on it…”

– Most bills get stuck here

• Discharge petition

– Skip committee and go straight to the full

House

• RULES COMMITTEE

– “traffic cop” function

– Open rule; can amend

– Closed rule; cannot amend

How a Bill Becomes a LawThe Process:

Floor Action

• Debate in both

• SENATE can filibuster

– UNSTOPABLE** debate to discuss a bill

– Designed to kill a bill…it dies or changes!

– Cloture – vote by 3/5 Senators to end debate

• SENATE can have non-germane

amendments (riders)

– Christmas Tree bills

Filibuster• Minority party tactic to “talk a bill to death”

• Only allowed in Senate

– Dutch word meaning “pirate”

• Under Senate rules, speech need not be relevant to

topic under discussion

– Cases where senator read from phone book

• To stop filibuster or apply cloture:

– 16 Senators must sign a petition

– 60 votes to end debate

Fun Filibusters Facts• ‘Taking to the diaper,’ referred to

“preparation” before filibuster

• Longest filibuster on record

– 1957 Sen. Strom Thurmond talked for 24 hours and 18 minutes in attempt to kill civil rights bill

– Thurmond visited steam room before filibuster to dehydrate so he could drink without urinating.

– Aide stood by with a pail in case of emergency

– Bill passed less than 2 hours later, 62-15.

– Thurmond succeeded in shattering

previous record set by Sen. Wayne Morse,

D-Ore., in 1953 of 22 hours and 26

Party Caucus

• Gathering of all members of each party in each house

of Congress (Republicans call it the Conference)

• Responsibilities

– Select party leaders

– Assign party members to committees

– Set policy goals

• There are also many caucuses organized around

common interests/characteristics of its members

(Congressional Black Caucus, Tea Party Caucus,

Military Veterans Caucus, etc.)

How Does Congress Make Decisions on Bills?

Congress

Colleagues

Constituents Staff

CaucusesParty

Interest Groups

Political Action Committees

Who influences member of Congress?

• Constituents

– Congressmen are delegates to their constituents, making

sure their voices are heard

– Own beliefs aside…only constituents matter

• Personal beliefs

– Congressmen are trustees, having been selected to make

decisions on behalf of their constituents.

• Party affiliation

– Congressmen can be partisan and listen mainly to the party.

– Logrolling/reciprocity – exchanging votes/favors (I’ll scratch

your back…)

Important Acts and Supreme Court Cases for Test

Know all of these…

Amendments and Acts•16th Amendment

•17th Amendment

•Tonkin Gulf Resolution

•War Powers Act

•Congressional Budget and Impoundment Act

Supreme Ct. Cases•Dred Scott v Sandford *•Shaw v Reno•Miller v Johnson•Baker v Carr•Buckley v Valeo•Gibbons v. Ogden•Marbury v Madison •Heart of Atlanta Motel v US*

Amendment XVI

• Gave Congress power to tax income on

federal level

• The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration.

Amendment XVII• In past, Senators APPOINTED by state legislatures

• 17th Amendment allowed American citizens to vote for their 2 senators

– The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

Tonkin Gulf Resolution- 1964

• Congressional resolution passed in 1964 that

authorized military action in Southeast Asia.

– Officially started Vietnam War/Conflict for US

• Congress gave president powers beyond

those found in Article II

• Resolution replaced by War Powers Act

(Resolution) in 1973

War Powers Act- 1973• Restricted power of president

– Requires president to consult with Congress prior to start

of any hostilities and regularly until U.S. armed forces are no

longer engaged in hostilities

– Required president to remove U.S. armed forces from

hostilities if Congress has not declared war/passed resolution

authorizing use of force within 60 days

– Following an official request by President to Congress, time

limit can be extended by additional 30 days

Congressional Budget and Impoundment Control Act

• CBIA-1974

• Denied president right to refuse to spend

money authorized by Congress. President

could no longer hold back, or impound,

funds for programs or spending priorities

with which he disagrees

• Also established the House and Senate

Budget Committees and the Congressional

Budget Office (CBO)

Dred Scott v. Sandford(1856)

• Facts of Case – Dred Scott was slave in Missouri. From 1833 to

1843, resided in Illinois (free state) and in area of LA Territory, where slavery was forbidden by Missouri Compromise of 1820.

– After returning to Missouri, Scott sued unsuccessfully in Missouri courts for freedom, claiming his residence in free territory made him free man.

– Scott then brought new suit in federal court. Scott's master maintained no pure-blooded Negro of African descent and descendant of slaves could be citizen in sense of Article III of Constitution.

• Question Presented – Was Dred Scott free or slave?

Conclusion – Court ruled Dred Scott was a slave, and no

one but citizen could be a resident of state, only Congress could confer national citizenship.

– Upheld idea that no person descended from an American slave had ever been citizen

– Court declared that Missouri Compromise unconstitutional, hoping to end slavery question once and for all.

Chief Justice Roger B. Taney