Congress

I. Intro.

II. Powers of Congress

 A. Constitutional - Article I

  1. "All legislative powers herein granted shall be vested in a Congress of the United States which shall consist of a Senate and a House of Representatives."

  2. Quorum = majority

  3. Each house shall be the judge of elections of its members

  4. Section 8 powers
   a. Tax
   b. Pay debts to provide for the defense and welfare of the nation
   c. Borrow money
   d. Regulate commerce
   e. Naturalization
   f. Bankruptcy
   g. To coin money and penalties for counterfeiting
   h. Post Office
i. Promote Science and Art
   j. Establish tribunals inferior to the Supreme Court
   k. Maritime law, laws of nations
   l. Army, navy and militias, including laws governing
   m. All laws concerning DC
   n. Necessary and Proper

 B. Powers granted by amendment

  1. 13th Amendment: abolishing slavery
  2. 14th Amendment: due process and equal protection, applying many of the Bill of Rights to the states
  3. 15th Amendment: right to vote may not be denied based on race
  4. 16th Amendment: income tax
  5. 18th Amendment: prohibition
  6. 19th Amendment: right to vote shall not be denied based on sex
  7. 20th Amendment: Presidential succession
  8. 23rd Amendment: DC entitled to electors
  9. 24th Amendment: no poll tax
  10. 26th Amendment: voting age = 18

 C. Constitutional limitations

  1. Bill of Rights

  2. Section 9
   a. Writ of Habeas Corpus shall not be suspended
   b. No bills of attainder, ex post facto laws
   c. No tax on exports of a particular state
   d. No preference of a particular state
   e. No withdrawals except by law
   f.  No title of nobility

  3. Other limitation by amendment
   a. 21st Amendment: repealed prohibition
   b. 27th Amendment: varying compensation until election

 D. Constitutional Requirements

  1. House
   a. At least 25 years old
   b. US citizen for at least 7 years
   c. Must be a resident of the state from which elected

  2. Senate
   a. 30 years old
   b. Citizen for 9 years
   c. Resident of state from which selected

III. House of Representatives

 A. Composition

  1. Made up of 435 members
   a. Stronger emphasis on leadership, seniority and structure
   b. Debate time, speaking time is limited

  2. Elected by popular vote from congressional district
   a. Every 10 years the US conducts a census
   b. Redistricting is done as a result
   c. Constitutional limitations on redistricting

  3. House term of office is 2 years

  4. All bills regarding revenue must originate in the House

 B. Constitutional roles

  1. All bills regarding revenue must originate in the House

  2. Selects president if needed

 C. House leadership

  1. Speaker of the House - currently Dennis Hastert
   a. Selected by the House
   b. Party caucus actually selects Speaker

  2. Third in line to the presidency

  3. General house leadership

  4. Powers of the Speaker
   a. Presiding powers
   b. Appointing chair of rules committee and other committees
   c. Referring bills to committee
   d. Political leadership

  5. Other House leaders
   a. Majority leader - schedules debates, negotiates. .
   b. Majority whip - arranges pre-vote vote count. 
   c. Minority leader - leads minority party, negotiates with Speaker, majority leader. 

 D. Committees

  1. Rules committee
   a. Regulates debate time, amendments, and procedures
   b. Major legislation requires special rule
   c. Special rules must be approved by the whole House
   d. Procedure is vital to passage of bills and amendments

  2. Numerous other Committees

 E. Implications on democracy

  1. Smaller number of people represented = more democratic

  2. More direct representation

  3. Local priorities and interests represented

  4. Only 33% of Americans could name their representative

IV. Senate

 A. Composition

  1. Only 100 members
   a. Two per state
   b. Popularly elected - 17th Amendment
   c. More prestigious

  2. Term of office is 6 years alternating within the state

  3. Less emphasis on committees, structure, and no rules committee

 B. Leadership

  1. VP, Pres. Pro Temp.,

  2. Majority leader is the true leader of the Senate.

 C. At work

1. Less complex than house

  2. Filibuster - talking so long that there is no time to vote on a bill
   a. Strom Thurmond, 1957, against the Civil Rights Act, 24 hours, 18 minutes.
   b. Must address issue for at least 3 hours
   c. Cloture: vote which ends filibuster.
i. Rule XXII requires petition signed by 16 members, and
    ii. Voted on by 2/3's of the Senate

V. Structure

 A. Committees.

  1. Organized around party lines

  2. Standing committees - permanent

  3. Special or select - created to address special issue

  4. Joint committee - members of both houses

  5. Conference committee - resolves differences between House and Senate bills.

  6. Chairpersons have substantial power

 B. Subcommittees

  1. Address specific issues within general area assigned to committee

  2. Specialized, hears testimony of experts.

  3. Consist of members of general committee
   a. House Judiciary Committee
   b. Subcommittee on the Constitution

  4. Number of subcommittees diminishing

 C. Congressional investigations

VI. A bill is passed

 A. How a bill becomes a law

  1. Any member may introduce legislation

  2. Referred to committee

  3. Committee chairs refer bills to subcommittees
   a. Hearings, usually public
   b. Testimony is taken
   c. Members and experts speak
   d. Letters read into the record
   e. Subcommittee can re-write bill, do nothing, report bill to calendar wirh due pass recommendation.

  4. Conference Committees

  5. Legislative vetoes