United StatesCongress

Chapter 6

How Congress Is OrganizedChapter 6Section 1

Terms of Congress

• The Framers of the U.S. Constitution intended the legislative branch to be the most powerful branch.

• Each term starts January 3 of odd-numbered years and lasts two years.

• 110th Congress (January 3, 2007-January 3, 2009

Terms of Congress

• Each term has two sessions.

January-November/December

• Congress holds special sessions in times of crisis.

• A joint session occurs when both houses meet together.

Give me an example of a joint session?

How are different terms of Congress identified?

• Each “new” Congress is given a number to identify its two-year term. For example, the first Congress met in 1789, and the 107th Congress began meeting in 2001.

Bicameral Legislature

• The Great Compromise established Congress as a two-part, or bicameral, body.

House of Representatives

• The House of Representatives has 435 voting members, allotted to the states by population.

• After each census, or population count taken by the Census Bureau, Congress adjusts the number of representatives given to each state.

The House of Representatives

• States are divided into districts, with one representative elected from each district.

• The states draw districts to include roughly the same number of constituents, or people represented. Some abuse the process by drawing a gerrymander, or oddly shaped district designed to increase the voting strength of a particular group.

Gerrymandering in North Carolina

House members focus on the concerns of their district.

The Senate

• The Senate has 100 members–two from each state.

• Senators represent their entire states. • They serve six-year terms. • Elections are staggered to ensure some

stability.

Congressional Leaders

• In both houses, the political party to which more than half the members belong is the majority party.

• The other party is the minority party. • Party members choose their leaders at the

beginning of each term.

233-House50-Senate

202-House49-Senate

Speaker of the House:Nancy Pelosi (D-CA)

• The Speaker of the House is the most powerful leader in the House of Representatives.

• The Speaker always belongs to the majority party.

• The Speaker is in charge of floor debates and influences most House business.

• If something happened to the president and vice president, the Speaker would become president.

President Pro-Tempore:Robert Byrd (D-WV)

• The leader of the Senate is technically the vice president, who rarely attends and votes only in case of a tie.

• The person who actually acts as chairperson is the president pro tempore.

• The majority party fills this mostly ceremonial position.

Congressional Leadership

• Powerful floor leaders try to make sure the laws Congress passes are in the best interest of their own party.

• They speak for their parties on the issues and try to sway votes.

• Party “whips” help by keeping track of where their party members stand on issues and rounding them up for key votes.

House Majority Leader

Steny HoyerD-Maryland

Senate Majority Leader

House Minority Leader

Senate Minority Leader

John Boehner (R-OH)

Harry ReidD-NV

Mitch McConnellR-Kentucky

Congressional Committees

• The detailed work of lawmaking is done in committees.

• Each house has permanent standing committees that continue their work from session to session.

• Most are divided into smaller subcommittees that deal with specialized issues. • Example: Senate Armed Services

Committee• Divided into Military readiness, personnel,

and armament

House Oversight and Government Reform Committee

Select Committees

• Both houses also have select committees that are created to do a special job for a limited period. No legislative Jurisdiction.

• They disband after completing their task.• Examples:

»Warren Commission-JFK»Martin Luther King

Joint Committies

• Joint committees include members of both houses.

Conference Committee

• Temporary conference committees help the House and Senate agree on the details of a proposed law.

Committee Assignments

• Members of Congress try to get assigned to important committees that affect the people who elected them.

• Party leaders make committee assignments based on members’ preferences, expertise, party loyalty, and seniority, or years of service.

Committee Assignments

• Members with the most seniority usually get the preferred committee spots.

• The most senior members from the majority party traditionally become chairpersons.

• Chairpersons of standing committees are the most powerful members of Congress.

Review__ 1. a legislature consisting of two parts, or

houses

__ 2. in both the House of Representatives and the Senate, the political party to which fewer than half the members belong

__ 3. a person from a legislator's district

__ 4. years of service, which is used as a consideration for assigning committee members

__ 5. in both the House of Representatives and the Senate, the political party to which more than half the members belong

A. bicameral

B. constituent

C. majority party

D. minority party

E. seniority

The Powers of CongressChapter 6Section 2

Legislative Powers

• Article I, Section 8 of the Constitution lists Congress’s specific or expressed powers.

• Clause 18 gives Congress implied powers (not stated explicitly) to do whatever is “necessary and proper” to carry out the expressed powers.

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

Congressional Powers

• Congress has the power to collect taxes to pay for government and its services.

• All tax bills must start in the House of Representatives and be approved by the Senate.

Spending

• Congress spends money by means of a two-step process:

1. Authorization bills create projects and set an amount to be spent on them.

2. Appropriations bills actually provide the money for each program.

Regulating Commerce• Article I, Section 8, Clause 3, the “commerce

clause,” gives Congress the power to regulate foreign and interstate commerce.

• Laws dealing with air traffic, television, and air pollution are all based on this clause.

Foreign Relations and Treaties

• Only Congress can declare war. Congress has the power to create, maintain, and oversee an army and navy.

-Only 4 times in history• The Senate must approve all treaties with

other countries.

The Powers of Approval and Removal

Congress has the power to check other branches.• The Senate can approve or reject the president’s

nominations for jobs such as Supreme Court justice, federal judge, and ambassador.

• The House may impeach, or accuse officials of misconduct.

• If the majority of House members vote to impeach, the matter goes to the Senate.

• A two-thirds vote in the Senate is required to remove the person from office.

Presidents who have been Impeached (both were acquitted)

Andrew Johnson1868

Bill Clinton1998

Nonlegislative Powers

Congress has powers not related to making laws.• It can propose constitutional amendments. • It counts electoral votes in presidential

elections. • If no one receives a majority, the House picks

the president and the Senate picks the vice president.

• If a president dies, resigns, or is too ill to serve, Congress settles the matter.

Oversight and Investigation

• Congress has taken on the role of overseeing government activities.

• Standing committees review how well the executive branch has put laws into practice.

• Congress conducts special investigations that may lead to criminal charges or new laws to deal with the problem.

Limits of Power

• The Constitution imposes limits on Congress.• It may not pass laws that violate the Bill of

Rights. • Article I says that Congress may not favor one

state over another, tax interstate commerce, or tax exports.

Limits on Power

• Congress cannot suspend the writ of habeas corpus.– This is a court order that requires police to explain

why they are holding a suspect.

• Congress may not pass bills of attainder, or laws that punish a person without a jury trial.

• Congress may not pass ex post facto laws that make an act a crime after the act has been committed.

• Can not interfere with the states powers.

Review__ 1. a court order that requires police to bring a prisoner to court to explain why they are holding the person

__ 2. powers of Congress that are specifically listed in the Constitution

__ 3. to accuse government officials of misconduct in office

__ 4. a law that punishes a person accused of a crime without trial or fair hearing in court

__ 5. a law that would allow a person to be punished for an action that was not against the law when it was committed

A. expressed powers

B. impeach

C. writ of habeas corpus

D. bill of attainder

E. ex post facto law

Representing the PeopleChapter 6Section 3

Requirements and Benefits of Congress

• SENATORS– 30 years old– Live in the state they plan to Represent– Citizens for 9 years

Requirements and Benefits of Congress

• HOUSE OF REPRESENTATIVES– 25 years old– Live in the state they plan to represent– Citizens for 7 years.

Benefits of Congress

• Members receive a salary of $165,200, free office space, and trips to their home states.

• They have the franking privilege–they may send job-related mail for free.

• Most members of Congress have college degrees.

• Nearly half are lawyers.

Benefits of Congress

• The Constitution grants senators and representatives immunity, or legal protection, in some situations.

• They may not break the law, though.

Personal Staff

• The personal staff run the offices.• They gather information on issues, arrange

meetings, and write speeches.• They handle requests from voters.• They deal with reporters and lobbyists–

people hired by private groups to influence government decision makers.

• The staff works for the member’s reelection on their own time.

Committee Staff Members

• They draft bills, gather information, organize committee hearings, and negotiate with lobbyists.

Congressional Staff

• Members of Congress hire students from their home states or districts to serve as interns and pages.

• Interns help with research and office duties.• Pages deliver messages and run errands. • Committee staffs generally have expert

knowledge about special topics, such as taxes or defense.

Support Services

• The Library of Congress provides information for members of Congress and their staffs.

• The Library’s Congressional Research Service (CRS) looks up facts and spells out arguments for and against bills.

• The General Accounting Office (GAO) reviews spending activities of federal agencies, studies programs, and recommends ways to spend taxpayers’ dollars wisely.

Support Services• The Congressional Budget Office (SBO)

provides information and analyses to help Congress create a budget.

• It estimates costs and economic effects of programs.

Members of Congress at Work

• Congressional sessions begin each January 3.• In representing the people who elected them,

members of Congress carry out three major jobs:

1. Lawmaking2. Casework3. Helping the District or State

Lawmaking• Congress members make

laws. • They introduce bills, work on

committees, listen to input for and against bills, and then vote.

Casework

• Congress members do casework–they troubleshoot for people from their home district or state who request help in dealing with the federal government.

• Congress members protect the interests of their state or district.

• For example, a senator from a state with strong timber industries might seek to influence logging policies.

Helping the District or State

• Members also work to gain a share of national government spending for their constituents.

• A government contract can bring a lot of money to local businesses and jobs for local people.

• Government projects and grants that primarily benefit the home district or state are called pork-barrel projects.

Bridge to Nowhere

• $230 million to fund a bridge that would benefit about 50 people.

Review__ 1. representatives of interest groups who contact lawmakers or other government officials directly to influence their policy making

__ 2. government projects and grants that primarily benefit the home district or state

__ 3. the work that a lawmaker does to help constituents with a problem

__ 4. the right of senators and representatives to send job-related mail without paying postage

A. franking privilege

B. lobbyist

C. casework

D. pork-barrel projects

How a Bill Becomes a LawChapter 4Section 4

Types of Bills

• Of the more than 10,000 bills introduced each congressional term, only several hundred become law.

• Bills fall into two categories: 1. Private bills concern individual

people or places. 2. Public bills apply to the entire nation

and involve general matters like taxation, civil rights, or terrorism.

Types of Bills

• Congress also considers different kinds of resolutions, or formal statements expressing lawmakers’ opinions or decisions.

• Many resolutions do not have the force of law.

• Joint resolutions are passed by both houses of Congress and do become law if signed by the president.

• Amendments to the Constitution

From Bill to Law• Ideas for bills come from members of

Congress, citizens, and the White House.• Other bills are suggested by special-interest

groups, or organizations of people with some common interest who try to influence government decisions.

• In the House, a bill clerk assigns the bill a number. House bills begin with "H.R." Senate bills begin with "S."

• Every bill is given a title and number, and is then sent to an appropriate standing committee.

• The committee chairperson decides which bills get ignored and which get studied.

• Those that merit attention are often researched by a subcommittee.

• Experts and citizens may voice opinions about a bill in public hearings or written statements.

• Standing committees can:- (1) pass the bill without change, - (2) mark changes and suggest that the bill be

passed, - (3) replace the bill with an alternative - (4) pigeonhole the bill (ignore it and let it die),

or - (5) kill the bill by majority vote.

• When a committee is against a bill, it almost never becomes law.

• Bills approved in committee are put on the schedules to be considered by the full House or Senate.

• The Senate usually takes up bills in the order listed.

• In the House, the Rules Committee can give priority to some bills and not let others get to the floor.

• When bills reach the floor, members debate the pros and cons.

• The House accepts only relevant amendments.

• The Senate allows riders–completely unrelated amendments–to be tacked onto the bill.

Filibuster • The House Rules Committee puts time limits on the discussion.

• Senators may speak as long as they like and need not even address the topic at hand.

• Sometimes Senators filibuster, or talk a bill to death.

• A three-fifths vote for cloture can end a filibuster.

24 hours and 18 min.

Voting on a Bill • In a simple voice vote, those in favor say “Yea” and those against say “No.”

• In a standing vote, those in favor stand to be counted, and then those against stand.

• The House uses a computerized voting system that records each representative’s vote.

• Senators voice their votes in turn as an official records them in a roll-call vote. “AYE” or “No”

• A simple majority of members present passes a bill.

• After passing one house, the bill then goes to the other.

• If either house rejects the bill, it dies. • Both houses must pass an identical bill. • If either changes the bill it receives from the

other house, a conference committee is formed to work out the differences in the bill.

• The House and Senate must then either accept the revised bill as is or completely reject it.

• After a bill passes both houses, it goes to the president.

• The president may sign it into law, veto (or refuse to sign) it, or do nothing for 10 days.

• Then if in those 10 days Congress is not in session, the bill dies.

• If Congress is in session, the bill becomes law without the president’s signature.

• Killing a bill this way is called a pocket veto. • Congress can override a veto with a two-

thirds vote of each house.

Review__ 1. president’s power to kill a

bill, if Congress is not in session, by not signing it for 10 days

__ 2. a completely unrelated amendment tacked on to a bill

__ 3. a procedure used in the Senate to limit debate on a bill

__ 4. an organization of people with some common interest who try to influence government decisions

__ 5. a voting method in the Senate in which members voice their votes in turn

A.special-interest group

B.rider

C. cloture

D.roll-call vote

E. pocket veto