Review
1. What are the responsibilities of the whips?2. Why does the Vice President not participate
in debate in Congress? Why does he only vote if there is a tie?
3. Why would a conference committee be formed? Who would comprise the committee?
Ch 6 and 7
Powers of CongressHow a Bill Becomes a Law
Legislative Powers
•Taxing and Spending Power–Revenue bills (House only) – raising money
- Ways and Means committee
- www.waysandmeans.house.gov
–Appropriations bills – spending money
Legislative Powers
Other Money Powers–Borrow money
–Sale of government securities (bonds)
–Coin money and regulate its value
–Laws concerning bankruptcy
- determine assets of person/business
Legislative Powers•Commerce Power
–Regulate foreign commerce
–Regulate interstate commerce – trade b/w states
- Commerce ex: broadcasting, pollution, banking
•Foreign Policy Powers
–Declare war
–Create and maintain military
Legislative Powers
•Providing for the Nation’s Growth
–Naturalization – process for immigrants → citizens
–Admit new states
–Pass laws for territories
–Pass laws to govern federal property
Legislative Powers
•Other Legislative Powers
–Copyrights (lifetime of creator + 50 yrs.)
–Patents (17 years, renewable)
–Establish post offices and federal courts
Non-legislative Powers of Congress• Power to Choose the President– If no candidate receives the majority needed to win
the House chooses the President from three top vote getters; Each state gets one vote• Happened 2 times
– 1800 – Thomas Jefferson– 1824 – John Quincy Adams
– Senate chooses the VP• Possible to have a president and vice president from different parties
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Non-legislative Powers of Congress
• Removal Power– Impeachment – formal accusation of misconduct in office– Majority of House to impeach– Senate conducts a trial– Chief Justice presides– 2/3 of Senators present to convict and remove– Andrew Johnson and Bill Clinton have been impeached
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https://www.youtube.com/watch?v=UEmjwR0Rs20
https://www.youtube.com/watch?v=VBe_guezGGc#aid=P9NsnjWefeA
Non-legislative Powers of Congress
• Confirmation Power– Approve presidential appointments
• Ratification Power– Senate ratifies treaties
• Amendment Power– Shared with state legislatures– Amendment proposed with a 2/3 vote of both
houses
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Investigative Powers of Congress• Investigations– Committees can hold investigations
• Power to subpoena– Legal order that a person appear or produce
documents• Perjury– Congress can require a person to testify under
oath– Perjury is lying under oath
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Investigative Powers• Contempt– Witnesses who refuse to testify, produce
documents, or otherwise do not cooperate• Immunity– Freedom from prosecution for witnesses whose
testimony links them to illegal activities
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Question
• What does it mean if something is implied?
Congressional Powers
• Expressed – written in the Constitution as a power of Congress
• Implied – powers Congress has based on the expressed powers; needed to carry out expressed
• Ex: Expressed power - declare warImplied power – institute draft to raise an army
Powers of Congress
• Denied Powers - Congress CANNOT – Suspend Writ of habeas corpus –person accused
of a crime must be brought to court to determine if they have been legally detained
– Pass Bills of attainder – laws that establish guilt or punishment without a trial
– Pass Ex post facto laws – laws that make crimes of acts that were legal when they were committed
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Congressional Legislative Oversight• Legislative Oversight –review how executive
branch carries out laws• Checks and balances at work
Congressional support agencies• Library of Congress• Congressional Budget Office (CBO) – finance experts• General Accounting Office (GAO) – check spending• Government Printing Office (GPO) – Congress’ record
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Congress and the PresidentThings that prevent President and Congress from working together smoothly• Party politics- flow of legislation affected by party
in power, Congress and White House; different agendas and timetables
• Organization- can impede President - Procedural rules, committee structure
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Congress and the President
Laws related to checks and balances• 1974 Congressional Budget and Impoundment
Control Act- President cannot refuse to spend $ (impoundment) that Congress has voted to fund unless both houses of Congress agree with request
• Legislative veto- review/cancel acts of executive branch; declared unconstitutional 1983
• Line-item veto- declared unconstitutional 1998
Review Questions
1. What is an implied power?
2. How does party politics effect the flow of legislation through Congress to the President?
3. What are ex post facto laws?
Chapter 7- Congress at Work
Congress at WorkHow a Bill Becomes a Law
• Types of Bills and Resolutions–Private Bills – deal with individual people or
places• Ex: armed service decorations
–Public Bills - deal with the entire nation–Simple Resolution – deal with unusual or
temporary matter, one house only, not sent to president• Rules for how chamber operates
Congress at WorkHow a Bill Becomes a Law
• Types of Bills and Resolutions Continued– Joint resolutions – passed by both houses and a
presidential signature gives it the force of law– Concurrent Resolutions – requires action of both
houses when a law is not needed• Awards, recognition
– Riders – provision on a subject other than the one covered on a bill
Congress at WorkHow a Bill Becomes a Law
• Only about 10% of bills become laws– Why• Process is long and complicated (over 100
steps)• Sponsors must be willing to bargain and
compromise• Introduction of bills that members know will
not become laws
Congress at WorkHow a Bill Becomes a Law
• Introducing a Bill– Idea for a new bill– Members of Congress introduce new bills• Drop in hopper (HOR only)• Presiding officer recognizes a Senator
– Bills are printed, distributed, and introduced (first reading)
Congress at WorkHow a Bill Becomes a Law
• Committee Action– Bills are sent to committee– Bills can be ignored and left to “die”, this is known
as pigeonholing – Kill by majority vote– When committees accept a bill, it can be
rewritten, amended, or recommended for adoption.
Congress at WorkHow a Bill Becomes a Law
• Committee Hearings– Listen to testimony of witness including experts on
the subject of the bill, government officials, or special interest groups
– Used to gather information– Can be used to influence committee or public
opinion
Congress at WorkHow a Bill Becomes a Law
• Markup Sessions– Decide what changes need to be made, if any– Majority vote of committee is needed to make
changes to a bill• Reporting a bill– Send to House or Senate for action with a written
report
Congress at WorkHow a Bill Becomes a Law
• Floor Action– Debating and amending– Voting• Quorum needed – majority of members• Majority of quorum to approve• Ways of voting– Voice Vote– Standing Vote (Division Vote)– Roll-call vote– Recorded Vote – electronic, displayed (House only)
Congress at WorkHow a Bill Becomes a Law
• Final Steps– Conference Committee Action – work out
differences between the two houses– Try to reach compromise– Create a final bill called a conference report– The bill then must be submitted to each house of
Congress for final action.
Congress at WorkHow a Bill Becomes a Law
• Presidential Actions– Signature – Bill becomes a law– 10 days if Congress is in session with no presidential signature
becomes a law– Veto – rejection of a bill
• Pocket Veto – refuse to act on a bill passed during the last 10 days Congress in session
• Congressional Override– 2/3 vote
• Registering Laws– With National Archives and
Records Service• Labeled Public or Private
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Legislative Branch Key Terms• Ways and Means Committee (House) – works on tax
laws• Authorization bills – sets up a federal programs and
decides how much money to spend on the program• Appropriations bills- provides the money needed to
carry out the many laws Congress passes• Entitlements – expenditures for social programs
that continue from year to year• Lobbyists – representatives from special interest
groups
Legislative Branch Key Terms• Lobbying – efforts to persuade officials to support a point
of view• PACs – Political Action Committees – political fund-raising
organizations• Influence of voters- meet with rep., letters, phone calls,
surveys, polls, workers• Casework – helping constituents with problems• Public works bills – deal with local projects• Pork-barrel legislation – laws to appropriate money for
local federal projects• Log-rolling- agreement between two or more lawmakers
to support each other’s bills