the balance of power between the legislative and executive

The Balance of Power Between the Legislative and Executive Branches

OVERVIEW

The constitutional principles of the American Founding that guided American politics before the Civil War were increasingly altered as a new approach to governance become predominant in the early twentieth century. The rise of an administrative state centralized more power in the hands of federal agencies in the executive branch and blurred the relationship of the branches of government and their respective constitutional powers. Even though the Constitution specifically granted authority to Congress to regulate interstate commerce in its enumerated powers in Article I, Section 8, Congress increasingly delegated that authority to the executive branch.

OBJECTIVES

� Students will evaluate how the growth of an administrative state in the United States has affected constitutional principles.

� Students will evaluate the shift of power from the legislative to executive branch in the nineteenth and twentieth centuries.

� Students will analyze legislation to determine the ways in which it may have increased executive power and will understand the effects of such policies.

LESSON 2

T H E F I R S T B R A N C H | Congress and the Constitution UNIT 3

THE DEBATES IN THE FEDERAL CONVENTION OF 1787, MAY 31, 1787

James Wilson [Pennsylvania]: “He wished for vigor in the government, but he wished that vig-orous authority to flow immediately from the legitimate source of all authority. The government ought to possess, not only, first, the force, but second, the mind or sense, of the people at large. The Legislature ought to be the most exact transcript of the whole society. Representation is made necessary only because it is impossible for the people to act collectively. The opposition was to be expected, he said, from the governments, not from the citizens of the States. The latter had parted, as was observed by Mr. KING, with all the necessary powers; and it was immaterial to them by whom they were exercised, if well exercised. The State officers were to be the losers of power. The people, he supposed, would be rather more attached to the National Government than to the State Governments, as being more important in itself, and more flattering to their pride. There is no danger of improper elections, if made by large districts. Bad elections proceed from the small-ness of the districts, which give an opportunity to bad men to intrigue themselves into office.”

RECOMMENDED TIME

150 minutes

MATERIALS LIST

� Handout A: Background Essay—The Balance of Power Between the Legislative and Executive Branches

� Handout B: Excerpts from the Interstate Commerce Act of 1887

� Handout C: Excerpts from The Agricultural Adjustment Act of 1933

� Handout D: Excerpts from The National Industrial Recovery Act of 1933

� Handout E: Excerpts from the Economic Opportunity Act of 1964

� Handout F: Comparing Legislation Graphic Organizer

CONSTITUTIONAL PRINCIPLES

� Limited government

� Separation of powers

� Checks and balances

� Republican government

STANDARDS

� National Council for the Social Studies (NCSS): D2.Civ.1.6-8, D2.Civ.2.9-12, D2.Civ.4.6-8, D2.Civ.4.9-12

� Center for Civic Education (CCE) I: B, II: D, III: A, III: B, III: D

� UCLA Department of History(NCHS) Era 3, Standard 3; Era 7, Standard 1; Era 7, Standard 3

The First Branch | Congress and the ConstitutionUnit 3, Lesson 2: The Balance of Power© Bill of Rights Institute

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KEY TERMS

� Administrative state

� Agricultural Adjustment Act of 1933

� Apothegm

� Bureaucracy

� Clayton Antitrust Act of 1914

� Economic Opportunity Act of 1964

� Enlightened administrator

� Federal Trade Commission (FTC)

� Food and Drug Administration (FDA)

� Interstate commerce

� Interstate Commerce Act of 1887

� Interstate Commerce Commission (ICC)

� Hepburn Act of 1906

� National Industrial Recovery Act of 1934 (NIRA)

� National Recovery Administration (NRA)

� Progressive

� Schechter Poultry Corp. v. United States (1935)

� The Jungle by Upton Sinclair (1906)

� War Industries Board


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Lesson Plan

Background or warm-up activity » 10 minutes

A. As homework, have students read Handout A: Background Essay—The Balance of Power Between the Legislative and Executive Branches and answer the questions that follow.

B. In class, discuss students’ answers to the questions as a large group and introduce the key terms for the lesson.

Activity » 60 minutes, additional time may be needed to complete the assignment outside of class

A. Break students into four groups. Assign each group one of the following pieces of legislation:

a. Handout B: Excerpts from the Interstate Commerce Act of 1887

b. Handout C: Excerpts from The Agricultural Adjustment Act of 1933

c. Handout D: Excerpts from The National Industrial Recovery Act of 1933

d. Handout E: Excerpts from the Economic Opportunity Act of 1964

B. Students will work in groups to complete the column for their specific legislation on Handout F: Comparing Legislation.

C. They should then create a visual representation of the legislation by developing a PowerPoint pre-sentation, video, or skit. Each group’s presentation should explain the information on their graphic organizer on Handout F.

Wrap-up activity » 5 minutes for each presentation, 10 minutes for discussion

A. Students should present their visual representation of the legislation to the class. The class should record the information provided in their graphic organizer.

B. Briefly discuss how power has shifted from the legislative to executive branch over time and the pros and cons of such changes as a large group.

Extension activity » 30 minutes

A. Have students research one of the executive agencies that started in the nineteenth, twentieth, or twenty-first centuries and write a brief essay about their findings. The essay should include:

1. The legislation or executive order that started the agency. (Is the agency still open? If not, when was it closed and why?)


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2. The reason for starting the agency.

3. The powers of the agency.

4. The actions the agency has taken in its history.

5. The effects of agency actions on the balance of power between the branches of government.

6. Examples of agencies include:

a. Food and Drug Administration

b. Environmental Protection Agency

c. Federal Emergency Management Agency

d. Federal Housing Administration

e. Bureau of Alcohol, Tobacco, Firearms, and Explosives

f. Federal Bureau of Investigation

g. United States Customs and Border Protection

h. National Recovery Administration

i. Interstate Commerce Commission

j. Federal Trade Commission

k. National Labor Relations Board

l. Equal Employment Opportunity Commission

m. Works Progress Administration

n. A list of additional agencies can be found at https://www.usa.gov/federal-agencies/a


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H A N D O U T A

Background Essay—The Balance of Power Between the Legislative and Executive Branches

Directions Read the essay and answer the critical thinking questions at the end.

The constitutional principles of the American Founding that guided American politics before the Civil War were increasingly altered as a new approach to governance become predominant in the early twentieth century. The rise of an administrative state centralized more power in the hands of federal agencies in the executive branch and blurred the relationship of the branches of government and their respective constitutional powers. Even though the Constitution specifically granted authority to Congress to regulate interstate commerce in its enumerated powers in Article I, Section 8, Congress increasingly delegated that authority to the executive branch.

In the late nineteenth century, railroads and corporations began to grow exponentially as big business became larger through waves of mergers. Soon, trusts began to exercise monopolistic control over several industries and over the broader economy. Although they benefitted workers with jobs and often consumers with falling prices on goods, they also created an incredibly wealthy ruling class that formed corrupt ties to politicians.

Many Americans began to fear the effects of the rise of big business. Progressive thinkers of the late nineteenth and early twentieth centuries advocated the idea that only the federal government had the national power to regulate business. They believed that educated, scientific experts could rationalize the economic and social

order by bringing efficiency to the marketplace. The experts would regulate business from the bureaucracy with new executive agencies where they would supposedly be free from political decision-making and its potential for corruption.

The Congress passed the Interstate Commerce Act in 1887 and the Sherman Anti-Trust Act in 1890 to regulate railroads and big business. The Justice Department prosecuted illegal trusts in industry, and Congress created the Interstate Commerce Commission (ICC) to monitor the rates railroads charged and regulate other trade practices.

During the presidencies of Theodore Roosevelt and Woodrow Wilson, Congress significantly increased the number of executive agencies to regulate commerce. Roosevelt argued that,

“Corporations should be managed with due regard of the public as a whole,” and presided over a large expansion of federal regulatory power. The Hepburn Act (1906) increased the ICC’s power and allowed it to set rates for railroad shipping. The uproar over Upton Sinclair’s The Jungle led to the passage of the Meat Inspection Act and the Pure Food and Drug Act of 1906, which created the Food and Drug Administration (FDA) with additional power over interstate commerce. Therefore, Congress delegated its authority to administrative agencies.

President Woodrow Wilson also supported enhancing executive authority over interstate commerce. He asserted that progressives sought


Handout A, page 2

to “interpret the Constitution according to the Darwinian principle” of a living Constitution with new meanings in different ages. Congress passed several key pieces of legislation that delegated authority to the executive to manage the economy. The most important were the Federal Reserve Act (1913), which established the Federal Reserve, and the Clayton Antitrust Act (1914),which created the Federal Trade Commission with power to manage competitive practices. World War I greatly enhanced federal executive power as the government nationalized the railroads and the War Industries Board directed the wartime economy. The executive had assumed many of powers constitutionally granted to Congress.

The progressive vision of the administrative state regulating the economy and commerce continued in the New Deal. President Franklin D. Roosevelt and a Democratic Congress struggled to find a way to deal with the worldwide crisis of the Great Depression. As the economy collapsed and unemployment skyrocketed, Congress passed a number of emergency laws with more regard for relieving suffering and stimulating the economy than worrying about the strict constitutionality of legislation.

Congress passed the National Industrial Recovery Act (NIRA) in 1933 and suspended anti-trust legislation due to the economic emergency and allowed for “industrial self-regulation.” It created the National Recovery Administration (NRA) which was an executive agency that worked with business to set production quotas, prices of goods, and wages for each industry. The NRA (instead of Congress) regulated commerce between the states and within states.

The NIRA angered most constituencies that it was supposed to help. Big business resented the intrusion and regulation, consumers were angry

over rising prices, and workers felt the promised right to strike was not adequately protected. Journalist Walter Lippmann complained, “The excessive centralization… [is] producing a revulsion of feeling against bureaucratic control of American economic life.” President Roosevelt defended economic cooperation and regulation against the former “individual self-interest and group selfishness” that he argued characterized American capitalism. The NIRA was quickly challenged in the courts and a case made its way to the Supreme Court.

The Schechter brothers owned two kosher butcher shops in New York City and operated under minute NRA regulations that controlled every step in how chickens were sold to a customer. The government accused them of selling unhealthy chickens and violating several parts of the poultry codes. The “sick chicken” case was decided by the Supreme Court in 1935.

In Schechter Poultry Corp. v. United States (1935), the Supreme Court unanimously ruled that the NIRA was unconstitutional. Since the Schechter slaughterhouses conducted business within the state of New York, Congress (or any executive agency) could not regulate intrastate trade. More importantly, the Court held that Congress could not delegate its authority of regulating commerce to an executive agency such as the NRA since it violated the separation of powers. Justice Louis Brandeis even privately told administration officials: “I want you to go back and tell the president that we’re not going to let this government centralize everything.”

President Roosevelt was furious that the Court had restricted his ability to use the New Deal to resolve the economic crises as he and Congress saw fit. At a press conference, Roosevelt told reporters, “We have been relegated to the horse-and-buggy definition of interstate commerce.”


Handout A, page 3

Nevertheless, the Supreme Court relented to Roosevelt’s expansive vision of federal regulatory power through the commerce clause a few years later. Congress continued to transfer its authority over regulating interstate commerce to the executive branch which continued to grow in power throughout the twentieth century.

This delegation of legislative power over to federal agencies fundamentally changed Congress. Instead of a deliberative body, representing the people in the creation of laws, Congress became more of an oversight body, which assumed the ability to supervise the dozens of newly-established agencies. Since Congress created and authorized the agencies

(and funded them, too), Congress could intervene when an agency took the wrong course of action. Now an oversight body as opposed to a lawmaking body, Congress placed more authority in its committees to hold oversight hearings and monitor the administrative state in other ways.

Other institutions adapted to delegation as well. The president, in particular, began to use the bureaucracy to make policy outside of the legislative process, through executive actions in which Congress was not involved. And the people began to look more to the president as a policymaker than their elected representatives in Congress.

CRITICAL THINKING QUESTIONS

1. What is an administrative state? How did the United States shift to being more administrative in policies and procedures?

2. What were/are the effects of Congress delegating power to executive agencies?

3. Why were anti-trust measures put in place by Congress? Were they necessary? Were they effective?

4. In your opinion, has a growth in executive power infringed upon or supported constitutional principles? Explain your answer.


H A N D O U T B

Excerpts from The Interstate Commerce Act of 1887

Be it enacted…, That the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water when both are used, under a common control, management, or arrangement, for a continuous carriage or shipment, from one State or Territory of the United States, or the District of Columbia, or from any place in the United States through a foreign country to any other place in the United States, and also to the transportation in like manner of property shipped from any place in the United States to a foreign country and carried from such place to a port of transshipment, or shipped from a foreign country to any other place in the United States, and also to the transportation in like manner of property shipped from any place in the United States to a foreign country and carried from such place to a port of entry either in the United States or an adjacent foreign country: Provided, however, That the provisions of this act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage, or handling of property, wholly within one State, and not shipped to or from a foreign country from or to any State or Territory as aforesaid…

Sec. 11. That a Commission is hereby created and established to be known as the Inter-State Commerce Commission, which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. The Commissioners first appointed under this act shall continue in office for the term of two, three, four, five, and six years, respectively,

from January 1, 1887, the term of each to be designated by the President; but their successors shall be appointed for terms of six years….Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. Not more than three of the Commissioners shall be appointed from the same political party. No person in the employ of or holding any official relation to any common carrier subject to the provisions of this act, or owning stock or bonds thereof, or who is in any manner pecuniarily interested therein, shall enter upon the duties of or hold such office. Said Commissioners shall not engage in any other business, vocation, or employment. No vacancy in the Commission shall impair the right of the remaining Commissioners to exercise all the powers of the Commission.

Sec. 12. That the Commission hereby created shall have authority to inquire into the management of the business of all common carriers subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it was created; and for the purposes of this act the Commission shall have power to require the attendance and testimony of witnesses and the production of all books, papers, tariffs, contracts, agreements, and documents relating to any matter under investigation, and to that end may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and


the production of books, papers, and documents under the provisions of this section…

Sec. 13. That any person, firm, corporation, or association, or any mercantile, agricultural, or manufacturing society, or any body politic or municipal organization complaining of anything done or omitted to be done by any common carrier subject to the provisions of this act, in contravention of the provisions thereof, may apply to said Commission by petition, which shall briefly state the facts; whereupon a statement of the charges thus made shall be forwarded by the Commission to such common carrier, who shall be called upon to satisfy the complaint or to answer the same in writing within a reasonable time, to be specified by the Commission….If there shall appear to be any reasonable ground for

investigating said complaint, it shall be the duty of the Commission to investigate the matters complained of in such manner and by such means as it shall deem proper.

Said Commission shall in like manner investigate any complaint forwarded by the railroad commissioner or railroad commission of any State or Territory, at the request of such commissioner or commission, and may institute any inquiry on its own motion in the same manner and to the same effect as though complaint had been made….

Full text can be found at: http://www.ourdocuments.gov/doc.php?doc=49&page=pdf

Handout B, page 2


H A N D O U T C

Excerpts from The Agricultural Adjustment Act of 1933

AN ACT to relieve the existing national economic emergency by increasing agricultural purchasing power, to raise revenue for extraordinary expenses incurred by reason of such emergency, to provide emergency relief with respect to agricultural indebtedness, to provide for the orderly liquidation of joint stock land bands, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled…

PART 1—Cotton Option ContractsSEC. 3. The Federal Farm Board and all departments and other agencies of the Government, not including the federal intermediate credit banks, are hereby directed—

a. To sell to the Secretary of Agriculture at such a price as may be agreed upon, not in excess of the market price, all cotton now owned by them.

b. To take such action and to make such settlements as are necessary in order to acquire full legal title to all cotton on which money has been loaned or advanced by any department or agency of the United States, including futures contracts for cotton or which is held as collateral for loans or advances and to make final settlement of such loans and advances as follows…

SEC. 4. The Secretary of Agriculture shall have authority to borrow money upon all cotton in his possession or control and deposit as collateral for such loans the warehouse receipts for such cotton.

SEC. 5. The Reconstruction Finance Corporation is hereby authorized and directed

to advance money and to make loans to the Secretary of Agriculture to acquire such cotton and to pay the classing, carrying, and merchandising costs thereon, in such amounts and upon such terms as may be agreed upon by the Secretary and the Reconstruction Finance Corporation, with such warehouse receipts as collateral security: Provided, however, That in any instance where it is impossible or impracticable for the Secretary to deliver such warehouse receipts as collateral security for the advances and loans herein provided to be made, the Reconstruction Finance Corporation may accept in lieu of all or any part thereof such other security as it may consider acceptable for the purposes aforesaid, including an assignment or assignments of the equity and interest of the Secretary in warehouse receipts pledged to secure other indebtedness. The amount of notes, bonds, debentures, and other such obligations which the Reconstruction Finance Corporation is authorized and empowered to issue and to have outstanding at any one time under existing law is hereby increased by an amount sufficient to carry out the provisions of this section.

SEC. 6. a. The Secretary of Agriculture is hereby authorized to enter into option contracts with the producers of cotton to sell to any such producer an amount of cotton to be agreed upon not in excess of the amount of reduction in production of cotton by such producer below the amount produced by him in the preceding crop year, in all cases where such producer agrees in writing to reduce the amount of cotton produced by him in 1933, below his production in the previous year, by not less than 30 per centum, without increase in commercial fertilization per acre…


Handout C, page 2

PART 2—Commodity Benefits MISCELLANEOUS

SEG. 10. a. The Secretary of Agriculture may appoint such officers and employees, subject to the provisions of the Classification Act of 1923 and Acts amendatory thereof, and such experts as are necessary to execute the functions vested in him by this title; and the Secretary may make such appointments without regard to the civil service laws of regulations…

PART 7—MiscellaneousPERFECTING ORGANIZATION FARM CREDIT ADMINISTRATION

SEO. 40. The Governor of the Farm Credit Administration is authorized, in carrying out the powers and duties now or hereafter vested in him or the Farm Credit Administration by law or under any Executive order made under title IV of part II of the Legislative Appropriation Act of 1933, as amended, to establish, and to fix the powers and duties, of such divisions, agencies, corporations, and instrumentalities as he may deem necessary to the efficient functioning of the Farm Credit Administration and the successful execution of the powers and duties so vested in the Governor and the Farm Credit Administration…

PART 8—Short TitleTITLE III—FINANCING AND EXERCISING POWER CONFERRED BY SECTION 8 OF ARTICLE I OF THE CONSTITUTION: TO COIN MONEY AND REGULATE THE VALUE THEREOF

SEC. 43. Whenever the President finds, upon investigation, that (1) the foreign commerce of the United States is adversely affected by reason of depreciation in the value of currency of any other government or governments in relation to the present standard value of gold, or (2)

action under this section is necessary in order to regulate and maintain the parity of currency issues of the United States, or (3) an economic emergency requires and expansion of credit, or (4) an expansion of credit is necessary to secure by international agreement a stabilization at proper levels of currencies of various governments, the President is authorized in his discretion—

a. To direct the Secretary of the Treasury to enter into agreements with the several Federal Reserve banks and with the Federal Reserve Board…

b. If the Secretary, when directed by the President, is unable to secure the assent of the several Federal Reserve banks and the Federal Reserve Board to the agreements authorized in this section, or if operations under the above provisions prove to be inadequate to meet the purposes of this section, or if for any other reason additional measures are required in the judgment of the President to meet such purposes, then the President is authorized—

1. To direct the Secretary of the Treasury to cause to be issued in such amounts or amounts as he may from time to time order, United States notes…

2. By proclamation to fix the weight of gold dollars in grains nine tenths fine and also to fix the weight of the silver dollar in grains nine tenths fine at a definite fixed ratio in relation to the gold dollar at such amounts as he finds necessary from his investigation to stabilize domestic prices or to protect the foreign commerce…

Full text can be found at: http://nation-alaglawcenter.org/wp-content/uploads/assets/farmbills/1933-house6.pdf


H A N D O U T D

Excerpts from The National Industrial Recovery Act of 1933

AN ACT To encourage national industrial recovery, to foster fair competition, and to provide for the construction of certain useful public works, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I—Industrial Recovery DECLARATION OF POLICY

Section 1. A national emergency productive of widespread unemployment and disorganization of industry, which burdens interstate and foreign commerce, affects the public welfare, and undermines the standards of living of the American people, is hereby declared to exist. It is hereby declared to be the policy of Congress to remove obstructions to the free flow of interstate and foreign commerce which tend to diminish the amount thereof; and to provide for the general welfare by promoting the organization of industry for the purpose of cooperative action among trade groups, to induce and maintain united action of labor and management under adequate governmental sanctions and supervision, to eliminate unfair competitive practices, to promote the fullest possible utilization of the present protective capacity of industries, to avoid undue restriction of production (except as may be temporarily required), to increase the consumption of industrial and agricultural products by increasing purchasing power, to reduce and

relieve unemployment, to improve standards of labor, and otherwise to rehabilitate industry and to conserve natural resources.

ADMINISTRATIVE AGENCIES

Sec. 2.

a. To effectuate the policy of this title, the President is hereby authorized to establish such agencies, to accept and utilize such voluntary and uncompensated services, to appoint, without regard to the provisions of the civil service laws, such officers and employees, and to utilize such Federal officers and employees, and, with the consent of the State, such State and local officers and employees, as he may find necessary, to prescribe their authorities, duties, responsibilities, and tenure, and, without regard to the Classification Act of 1923, as amended, to fix the compensation of any officers and employees so appointed.

b. The President may delegate any of this functions and powers under this title to such officers, agents, and employees as he may designate or appoint, and may establish an industrial planning and research agency to aid in carrying out his functions under this title.

c. This title shall cease to be in effect and any agencies established hereunder shall cease to exist at the expiration of two years after the date of enactment of this Act, or sooner if the President shall by proclamation or the Congress shall by joint resolution declare


Handout D, page 2

that the emergency recognized by section 1 has ended.

CODES OF FAIR COMPETITION

Sec. 3.

a. Upon the application to the President by one or more trade or industrial associations or groups, the President may approve a code or codes of fair competition for the trade or industry or subdivision thereof, represented by the applicant or applicants, if the President finds (1) that such associations or groups impose no inequitable restrictions on admission to membership therein and are truly representative of such trades or industries or subdivisions thereof, and (2) that such code or codes are not designed to promote monopolies or to eliminate or oppress small enterprises and will not operate to discriminate against them, and will tend to effectuate the policy of this title: Provided, That such code or codes shall not permit monopolies or monopolistic practices: Provided further, That where such code or codes affect the services and welfare of persons engaged in other steps of the economic process, nothing in this section shall deprive such persons of the right to be heard prior to approval by the President of such code or codes. The President may, as a condition of his approval of any such code, impose such conditions (including requirements for the making of reports and the keeping of accounts) for the protection of consumers, competitors, employees, and others, and in furtherance of the public interest, and may provide such exceptions to and exemptions from the provisions of such code, as the President in his discretion

deems necessary to effectuate the policy herein declared.

b. After the President shall have approved any such code, the provisions of such code shall be the standards of fair competition for such trade or industry or subdivision thereof. Any violation of such standards in any transaction in or affecting interstate or foreign commerce shall be deemed an unfair method of competition in commerce within the meaning of the Federal Trade Commission Act, as amended; but nothing in this title shall be construed to impair the powers of the Federal Trade Commission under such Act, as amended.

c. The several district courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of any code of fair competition approved under this title; and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the Attorney General, to institute proceedings in equity to prevent and restrain such violations.

d. Upon his own motion, or if complaint is made to the President that abuses inimical to the public interest and contrary to the policy herein declared are prevalent in any trade or industry or subdivision thereof, and if no code of fair competition therefor has theretofore been approved by the President, the President, after such public notice and hearing as he shall specify, may prescribe and approve a code of fair competition for such trade or industry or subdivision thereof, which shall have the same effect as a code of fair competition approved by the President under subsection (a) of this section.


Handout D, page 3

e. On his own motion, or if any labor organization, or any trade or industrial organization, association, or group, which has complied with the provisions of this title, shall make complaint to the President that any article or articles are being imported into the United States in substantial quantities or increasing ratio to domestic production of any competitive article or articles and on such terms or under such conditions as to render ineffective or seriously to endanger the maintenance of any code or agreement under this title, the President may cause an immediate investigation to be made by the United States Tariff Commission, which shall give precedence to investigations under this subsection, and if, after such investigation and such public notice and hearing as he shall specify, the President shall find the existence of such facts, he shall, in order to effectuate the policy of this title, direct that the article or articles concerned shall be permitted entry into the United States only upon such terms and conditions and subject to the payment of such fees and to such limitations in the total quantity which may be imported (in the course of any specified period or periods) as he shall find it necessary to prescribe in order that the entry thereof shall not render or tend to render ineffective any code or agreement made under this title. In order to enforce any limitations imposed on the total quantity of imports, in any specified period or periods, of any article or articles under this subsection, the President may forbid the importation of such article or articles unless the importer shall have first obtained from the Secretary of the Treasury a license pursuant to such regulations as the President may

prescribe. Upon information of any action by the President under this subsection the Secretary of the Treasury shall, through the proper officers, permit entry of the article or articles specified only upon such terms and conditions and subject to such fees, to such limitations in the quantity which may be imported, and to such requirements of license, as the President shall have directed. The decision of the President as to facts shall be conclusive. Any condition or limitation of entry under this subsection shall continue in effect until the President shall find and inform the Secretary of the Treasury that the conditions which led to the imposition of such condition or limitation upon entry no longer exists.

f. When a code of fair competition has been approved or prescribed by the President under this title, any violation of any provision thereof in any transaction in or affecting interstate or foreign commerce shall be a misdemeanor and upon conviction thereof an offender shall be fined not more than $500 for each offense, and each day such violation continues shall be deemed a separate offense.

AGREEMENTS AND LICENSES

Sec. 4. a. The President is authorized to enter into agreements with, and to approve voluntary agreements between and among, persons engaged in a trade or industry, labor organizations, and trade or, industrial organizations, associations, or groups, relating to any trade or industry, if in his judgment such agreements will aid in effectuating the policy of this title with respect to transactions in or affecting interstate or foreign commerce, and will be consistent with the requirements of


Handout D, page 4

clause (2) of subsection (a) of section 3 for a code of fair competition.

TITLE II—Public Works and Construction Projects

FEDERAL EMERGENCY ADMINSTRATION OF PUBLIC WORKS

SECTION 201. a. To effectuate the purposes of this title, the President is hereby authorized to create a Federal Emergency Administration of Public Works, all the powers of which, shall be exercised by a Federal Emergency Administrator of Public Works…and to establish such agencies,

to accept and utilize such voluntary and uncompensated services, to appoint, without regard to the civil service laws, such officers and employees, and to utilize such Federal officers and employees, and, with consent of the State, such State and local officers and employees as he may find necessary…The President may delegate any of his functions and powers under this title to such officers, agents, and employees as he may designate or appoint.

Full text can be found at: http://www.our-documents.gov/doc.php?doc=66


H A N D O U T E

Excerpts from the Economic Opportunity Act of 1964

AN ACT To mobilize the human and financial resource of the Nation to combat poverty in the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “Economic Opportunity Act of 1964”.

FINDINGS AND DECLARATION OF PURPOSE

SEC. 2. Although the economic well-being and prosperity of the United States have progressed to a level surpassing any achieved in world history, and although these benefits are widely shared throughout the Nation, poverty continues to be the lot of a substantial number of our people. The United States can achieve its full economic and social potential as a nation only if every individual has the opportunity to contribute to the full extent of his capabilities and to participate in the workings of our society. It is, therefore, the policy of the United States to eliminate the paradox of poverty in the midst of plenty in this Nation by opening to everyone the opportunity for education and training, the opportunity to work, and the opportunity to live in decency and dignity. It is the purpose of this Act to strengthen, supplement, and coordinate efforts in furtherance of that policy.

TITLE VI—Administration and Coordination

PART A—ADMINISTRATION

Office of Economic Opportunity

SEC. 601. a. There is hereby established in the Executive Office of the President the Office of Economic Opportunity. The Office shall be headed by a Director who shall be appointed by the President, by and with the advice and consent of the Senate. There shall also be in the Office one Deputy Director and three Assistant Directors who shall be appointed by the President, by and with the advice and consent of the Senate. The Deputy Director and the Assistant Directors shall perform such functions as the Director may from time to time prescribe…

Authority of Director

SEC. 602. In addition to the authority conferred upon him by other sections of this Act, the Director is authorized, in carrying out his functions under this Act, to—

a. appoint in accordance with the civil service laws such personnel as may be necessary to enable the Office to carry out its functions, and, except as otherwise provided herein, fix their compensation in accordance with the Classification Act of 1949 (5U.S.C. 1071 et seq.);

b. employ experts and consultants or organizations thereof as authorized by section 15 of the Administrative Expenses Act of 1946 (5 U.S.C. 55a), compensate


Handout E, page 2

individuals so employed at rates not in excess of $100 per diem, including travel time, and allow them, while away from their homes or regular places of business, travel expenses (including per diem in lieu of subsistence) as authorized by section 5 of such Act (5U.S.C. T3b-2) for persons in the Government service employed intermittently, while so employed: Provided, however, That contracts for such employment may be renewed annually;

c. appoint, without regard to the civil service laws, one or more advisory committees composed of such private citizens and officials of the Federal, State, and local governments as he deems desirable to advise him with respect to his functions under this Act; and members of such committees (including the National Advisory Council established in section 605), other than those regularly employed by the Federal Government, while attending meetings of such committees or otherwise serving at the request of the Director, shall be entitled to receive compensation and travel expenses as provided in subsection (b) with respect to experts and consultants;

d. with the approval of the President, arrange with and reimburse the heads of other Federal agencies for the performance of any of his functions under this Act and, as necessary or appropriate, delegate any of his powers under this Act and authorize the redelegation thereof;

e. utilize, with their consent, the services and facilities of Federal agencies without reimbursement, and, with the consent of any State or a political subdivision of a State, accept and utilize the services and facilities

of the agencies of such State or subdivision without reimbursement;

f. accept in the name of the Office, and employ or dispose of in furtherance of the purposes of this Act, or of any title thereof, any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise;

g. accept voluntary and uncompensated services, notwithstanding the provisions of section 3679(b) of the Revised Statutes (31 U.S.C. 665(b));

h. allocate and expend, or transfer to other Federal agencies for expenditure, funds made available under this Act as he deems necessary to carry out the provisions hereof, including (without regard to the provisions of section 4774(d) of title 10, United States Code) expenditure for construction, repairs, and capital improvements…

Economic Opportunity Counsel

SEC, 604.

a. There is hereby established an Economic Opportunity Council, which shall consult with and advise the Director in carrying out his functions, including the coordination of antipoverty efforts by all segments of the Federal Government.

b. The Council shall include the Director, who shall be Chairman, the Secretary of Defense, the Attorney General, the Secretaries of the Interior, Agriculture, Commerce, Labor, and Health, Education, and Welfare, the Housing and Home Finance Administrator, the Administrator of the Small Business Administration, the Chairman of the Council of Economic Advisers, the Director of Selective Service, and such other agency


Handout E, page 3

heads as the President may designate, or delegates thereof.

National Advisory Counsel

SEC. 605. There is hereby established in the Office a National Advisory Council. The Council shall be composed of the Director, who shall be Chairman, and not more than fourteen additional members appointed by the President, without regard to the civil service laws, who shall be representative of the public in general and appropriate fields of endeavor related to the purposes of this Act. Upon the request of the Director, the Council shall review the operations and activities of the Office, and shall make such recommendations with respect hereto as are appropriate. The Council shall meet at least once each year and at such other times as the Director may request.

TITLE I—Youth Programs

PART A—JOB CORPS

Statement of Purpose

SEC. 101. The purpose of this part is to prepare for the responsibilities of citizenship and to increase the employ ability of young men and young women aged sixteen through twenty-one by providing them in rural and urban residential centers with education, vocational training, useful work experience, including work directed toward the conservation of natural resources, and other appropriate activities.

PART B—WORK-TRAINING PROGRAMS


SEC. 111. The purpose of this part is to provide useful work experience opportunities for unemployed young men and young

women, through participation in State and community work-training programs, so that their employability may be increased or their education resumed or continued and so that public agencies and private nonprofit organizations (other than political parties) will be enabled to carry out programs which will permit or contribute to an undertaking or service in the public interest that would not otherwise be provided, or will contribute to the conservation and development of natural resources and recreational areas.

TITLE II—Urban and Rural Community Action Programs

PART A—GENERAL COMMUNITY ACTION PROGRAMS


SEC. 201. The purpose of this part is to provide stimulation and incentive for urban and rural communities to mobilize their resources to combat poverty through community action programs.

PART B—ADULT BASIC EDUCATION PROGRAMS


SEC. 212. It is the purpose of this part to initiate programs of instruction for individuals who have attained age eighteen and whose inability to read and write the English language constitutes a substantial impairment of their ability to get or retain employment commensurate with their real ability, so as to help eliminate such inability and raise the level of education of such individuals with a view” to making them less likely to become dependent on others, improving their ability’ to benefit from occupational


Handout E, page 4

training and otherwise increasing their opportunities for more productive and profitable employment, and making them better able to meet their adult responsibilities.

PART C—VOLUNTARY ASSISTANCE PROGRAM FOR NEEDY CHILDREN


SEC. 219. The purpose of this part is to allow individual Americans to participate in a personal way in the war on poverty, by voluntarily assisting in the support of one or more needy children, m a program coordinated with city or county social welfare agencies.

TITLE III—Special Programs to Combat Poverty in Rural Areas


SEC. 301. It is the purpose of this title to meet some of the special problems of rural poverty and thereby to raise and maintain the income and living standards of low-income rural families and migrant agricultural employees and their families.

TITLE IV—Employment and Investment Incentives


SEC. 401. It is the purpose of this title to assist in the establishment, preservation, and strengthening of small business concerns and improve the managerial skills employed in such enterprises; and to mobilize for those objectives private as well as public managerial skills and resources.

TITLE V—Work Experience Programs


SEC. 501. It is the purpose of this title to expand the opportunities for constructive work experience and other needed training available to persons who are unable to support or care for themselves or their families. In carrying out this purpose, the Director shall make maximum use of the programs available under the Manpower Development and Training Act of 1962, as amended, and Vocational Education Act of 1963.

Full text can be found at: http://www.gpo.gov/fdsys/pkg/STATUTE-78/pdf/STATUTE-78-Pg508.pdf


H A N D O U T F

Comparing Legislation Graphic Organizer In

ters

tate

Co

mm

erce

Act

of

18

87

Agr

icu

ltu

ral

Ad

just

men

t A

ct o

f

19

33

Nat

ion

al In

du

stri

al

Rec

over

y A

ct o

f

19

33

Eq

ual

Op

po

rtu

nit

y

Act

of 1

96

4

Wha

t was

/is

the

purp

ose

of th

e ac

t?

Whi

ch A

rtic

le o

r Se

ctio

n of

the

Cons

titu

tion

ca

n be

cit

ed to

sh

ow th

e ac

t’s

cons

titu

tion

alit

y,

if a

ny?


Handout F, page 2

Inte

rsta

te

Co

mm

erce

Act

of

18

87

Agr

icu

ltu

ral

Ad

just

men

t A

ct o

f

19

33

Nat

ion

al In

du

stri

al

Rec

over

y A

ct o

f

19

33

Eq

ual

Op

po

rtu

nit

y

Act

of 1

96

4

Did

this

ac

t cre

ate

a go

vern

men

t ag

ency

? W

hat

are

the

pow

ers

of th

e ag

ency

? W

ho o

vers

ees

the

agen

cy?


Handout F, page 3

Inte

rsta

te

Co

mm

erce

Act

of

18

87

Agr

icu

ltu

ral

Ad

just

men

t A

ct o

f

19

33

Nat

ion

al In

du

stri

al

Rec

over

y A

ct o

f

19

33

Eq

ual

Op

po

rtu

nit

y

Act

of 1

96

4

Did

this

act

ca

use

a sh

ift in

po

wer

from

the

legi

slat

ure

to

the

exec

utiv

e? In

w

hat w

ay?

Is th

is a

ct s

till

in

effe

ct?

Why

or

why

not

?


Handout A: Background Essay—The Balance of Power Between the Legislative and Executive Branches Answer Key

1. The administrative state is an approach to government where more power is centralized in the national government through economic and social policies. The United States shifted to a more administrative state in the late 1800s and early 1900s with new regulations on commerce.

2. Answers will vary. Examples may include less local and state oversight, government involvement in economic issues such as regulation of trade, limiting separation of powers, checks and balances, limited government, and other constitutional principles, individuals relying on government assistance.

3. Anti-trust measures were meant to limit corporations from becoming monopolies and shutting out competition. Some will argue that anti-trust measures were necessary to prevent monopolies, increase jobs, and lower prices. Others will argue that anti-trust laws made corporations dependent on government, which could cause corruption. Arguments on effectiveness of these measures will vary.

4. Opinions will vary, but students should use constitutional principles such as republican government, limited government, separation of powers, checks and balances, and individual rights to justify their opinions.

Handout F: Comparing Legislation Graphic Organizer Answer Key

See the following pages


Inte

rsta

te C

om

mer

ce

Act

of 1

88

7

Agr

icu

ltu

ral

Ad

just

men

t A

ct o

f

19

33

Nat

ion

al In

du

stri

al

Rec

over

y A

ct o

f 19

33

Eq

ual

Op

po

rtu

nit

y

Act

of 1

96

4

Wha

t was

/is

the

purp

ose

of th

e ac

t?

Cre

ated

a c

omm

issi

on

to in

quir

e in

to m

an-

agem

ent o

f com

mer

ce

betw

een

two

or m

ore

stat

es.

To re

lieve

nat

iona

l ec

onom

ic e

mer

genc

y by

incr

easi

ng a

gric

ul-

tura

l pur

chas

ing

pow

er,

rais

ing

reve

nue,

pro

-vi

de re

lief,

and

prov

ide

for l

iqui

dati

on o

f lan

d bo

nds.

To e

ncou

rage

nat

iona

l in

dust

rial

reco

ver,

fair

co

mpe

titi

on, a

nd p

ublic

w

orks

.

To m

obili

ze th

e hu

man

an

d fin

anci

al re

sour

ces

of th

e na

tion

of c

omba

t po

vert

y.

Whi

ch A

rtic

le o

r Se

ctio

n of

the

Cons

titu

tion

ca

n be

cit

ed to

sh

ow th

e ac

t’s

cons

titu

tion

alit

y,

if a

ny?

Som

e m

ay s

ay A

rtic

le

I, Se

ctio

n 8

(Com

mer

ce

Cla

use)

allo

ws

for t

his

law

. Oth

ers

may

sta

te

that

this

is o

utsi

de o

f Co

ngre

ss’ p

ower

.

Som

e m

ay s

ay A

rtic

le

I, Se

ctio

n 8

(Com

mer

ce

Cla

use

and

coin

ing

mon

ey) a

llow

s fo

r thi

s la

w. O

ther

s m

ay s

tate

th

at th

is is

out

side

of

Cong

ress

’ pow

er.

Som

e m

ay s

ay A

rtic

le

I, Se

ctio

n 8

(Gen

eral

W

elfa

re C

laus

e,

Nec

essa

ry a

nd P

rope

r C

laus

e, C

omm

erce

C

laus

e) a

llow

s fo

r thi

s la

w. O

ther

s m

ay s

tate

th

at th

is is

out

side

of

Cong

ress

’ pow

er.

Som

e m

ay s

ay A

rtic

le

I, Se

ctio

n 8

(Gen

eral

W

elfa

re C

laus

e,

Nec

essa

ry a

nd P

rope

r C

laus

e, C

omm

erce

C

laus

e) a

llow

s fo

r thi

s la

w. O

ther

s m

ay s

tate

th

at th

is is

out

side

of

Cong

ress

’ pow

er.


Inte

rsta

te C

om

mer

ce

Act

of 1

88

7

Agr

icu

ltu

ral

Ad

just

men

t A

ct o

f

19

33

Nat

ion

al In

du

stri

al

Rec

over

y A

ct o

f 19

33

Eq

ual

Op

po

rtu

nit

y

Act

of 1

96

4

Did

this

ac

t cre

ate

a go

vern

men

t ag

ency

? W

hat

are

the

pow

ers

of th

e ag

ency

? W

ho o

vers

ees

the

agen

cy?

Yes,

Inte

rsta

te

Com

mer

ce C

omm

issi

on

to in

quir

e an

d m

anag

e co

mm

erce

bet

wee

n st

ates

. Mem

bers

des

ig-

nate

d by

pre

side

nt.

The

Fede

ral F

arm

Bo

ard,

Dep

artm

ent o

f A

gric

ultu

re, a

nd th

e Re

cons

truc

tion

Fin

ance

Co

rpor

atio

n al

read

y ex

iste

d, b

ut th

ey w

ere

give

n m

ore

pow

er w

ith

the

law

. The

Sec

reta

ry

of A

gric

ultu

re a

ppoi

nted

m

embe

rs a

nd o

ffice

rs

and

ente

red

into

con

-tr

acts

for c

rops

. The

G

over

nor o

f the

Far

m

Cre

dit A

dmin

istr

atio

n co

uld

fix th

e po

wer

s an

d du

ties

of t

he a

genc

ies

invo

lved

. The

pre

side

nt

coul

d in

vest

igat

e is

sues

re

late

d to

com

mer

ce,

curr

ency

, or c

redi

t by

dire

ctin

g th

e Se

cret

ary

of T

reas

ury

to e

nter

into

ag

reem

ents

wit

h th

e Fe

dera

l Res

erve

Boa

rd.

The

act a

utho

rize

d th

e pr

esid

ent t

o es

tabl

ish

agen

cies

to c

arry

out

th

e la

w. T

he p

resi

dent

co

uld

appr

ove

code

s of

fa

ir c

ompe

titi

on, i

mpo

se

cond

itio

ns, a

nd p

rovi

de

exce

ptio

ns a

t his

di

scre

tion

. Vio

lati

ons

of th

ose

code

s co

uld

be

trie

d in

dis

tric

t cou

rts.

Th

e pr

esid

ent c

ould

al

so ta

ke c

ompl

aint

s fr

om la

bor o

r tra

de

orga

niza

tion

s an

d de

cide

whe

ther

or n

ot

thos

e co

mpl

aint

s w

ere

valid

and

if p

rose

cuti

on

shou

ld o

ccur

. Thi

s la

w a

lso

crea

ted

a Fe

dera

l Em

erge

ncy

Adm

inis

trat

ion

of

Publ

ic W

orks

and

an

Adm

inis

trat

or o

f Pu

blic

Wor

ks u

nder

th

e di

rect

ion

of th

e pr

esid

ent.

The

act c

reat

ed th

e O

ffice

of E

cono

mic

O

ppor

tuni

ty u

nder

th

e pr

esid

ent.

The

dire

ctor

of t

he o

ffice

w

ould

be

appo

inte

d by

the

pres

iden

t w

ith

the

advi

ce a

nd

cons

ent o

f the

Sen

ate.

Th

e di

rect

or w

ould

ap

poin

t per

sonn

el,

expe

rts,

con

sult

ants

, an

d ag

enci

es a

nd w

ork

wit

h th

e Ec

onom

ic

Opp

ortu

nity

Cou

ncil

on

anti

pove

rty

init

iati

ves.

Th

e la

w p

rovi

ded

for

job

corp

s, w

ork-

trai

ning

pr

ogra

ms,

com

mun

ity

acti

on p

rogr

ams,

adu

lt

educ

atio

n pr

ogra

ms,

as

sist

ance

for n

eedy

ch

ildre

n, p

rogr

ams

to c

omba

t pov

erty

in

rura

l are

as, i

ncre

ased

em

ploy

men

t, an

d pr

ogra

ms

for w

ork

expe

rien

ce.


Inte

rsta

te C

om

mer

ce

Act

of 1

88

7

Agr

icu

ltu

ral

Ad

just

men

t A

ct o

f

19

33

Nat

ion

al In

du

stri

al

Rec

over

y A

ct o

f 19

33

Eq

ual

Op

po

rtu

nit

y

Act

of 1

96

4

Did

this

act

ca

use

a sh

ift in

po

wer

from

the

legi

slat

ure

to

the

exec

utiv

e? In

w

hat w

ay?

Art

icle

I, S

ecti

on 8

st

ates

that

Con

gres

s ha

s po

wer

to re

gula

te

com

mer

ce a

mon

g th

e st

ates

. Thi

s la

w g

ives

th

at p

ower

to a

com

mis

-si

on a

ppoi

nted

by

the

exec

utiv

e.

Art

icle

I, S

ecti

on 8

st

ates

that

Con

gres

s ha

s po

wer

to re

gula

te c

om-

mer

ce a

mon

g th

e st

ates

. Th

is la

w g

ives

pow

ers

to

exec

utiv

e ag

enci

es a

nd

the

pres

iden

t to

regu

late

pr

ices

of c

rops

and

val

ue

of c

urre

ncy

and

cred

it.

Art

icle

I, S

ecti

on 8

sta

tes

that

Con

gres

s ha

s po

wer

to

pro

vide

for t

he c

om-

mon

def

ense

and

mak

e al

l law

s w

hich

are

nec

es-

sary

and

pro

per.

This

law

ga

ve th

e pr

esid

ent a

nd

agen

cies

(not

the

legi

s-la

tive

or j

udic

ial b

ranc

h-es

) the

pow

er to

cre

ate

new

age

ncie

s, d

evel

op

code

s fo

r com

peti

tion

in

the

mar

ketp

lace

, and

act

as

a ju

dge

in c

ases

that

m

ay v

iola

te s

aid

code

s.

Art

icle

I, S

ecti

on 8

st

ates

that

Con

gres

s ha

s po

wer

to p

rovi

de fo

r the

co

mm

on d

efen

se a

nd

mak

e al

l law

s w

hich

are

ne

cess

ary

and

prop

er.

This

law

gav

e th

e pr

es-

iden

t and

age

ncie

s (n

ot

the

legi

slat

ive

or ju

dici

al

bran

ches

) the

pow

er

to c

reat

e ne

w a

genc

ies

and

deve

lop

new

fede

ral

wor

k an

d ed

ucat

ion

prog

ram

s.

Is th

is a

ct s

till

in

effe

ct?

Why

or

why

not

?

The

law

has

bee

n up

dat-

ed a

nd a

men

ded

sinc

e it

s pa

ssag

e. T

he ra

il-ro

ads

wer

e de

regu

late

d in

the

late

190

0s.

The

law

was

foun

d un

cons

titu

tion

al b

y th

e Su

prem

e Co

urt i

n U

nite

d St

ates

v. B

utle

r (19

36)

beca

use

agri

cult

ure

was

de

emed

to b

e a

stat

e po

wer

. A n

ew la

w w

as

pass

ed in

193

8 to

rem

e-dy

som

e of

thos

e is

sues

. Th

at la

w w

as u

phel

d by

th

e Su

prem

e Co

urt i

n W

icka

rd v

. Filb

urn

(194

2).

The

law

was

foun

d un

cons

titu

tion

al b

y th

e Su

prem

e Co

urt i

n Sc

hech

ter P

oultr

y Co

rp.

v. U

nite

d St

ates

(193

5)

beca

use

it d

eleg

ated

le

gisl

ativ

e po

wer

to th

e ex

ecut

ive

and

that

the

law

vio

late

d th

e Te

nth

Am

endm

ent’s

pro

tec-

tion

of t

he p

ower

s of

st

ates

and

peo

ple.

Piec

es o

f the

act

, suc

h as

H

ead

Star

t pro

gram

s fo

r sc

hool

chi

ldre

n, a

re s

till

in p

lace

. The

Offi

ce o

f Ec

onom

ic O

ppor

tuni

ty

was

repl

aced

by

the

Com

mun

ity

Serv

ices

A

genc

y in

197

4. M

any

of th

e pr

ogra

ms

in

the

act w

ere

rem

oved

w

ith

the

pass

age

of th

e Co

mm

unit

y Se

rvic

es

Bloc

k G

rant

pas

sed

in

1981

.


INTRODUCTORY ESSAY

Congress: Beginnings and Todayby Joseph Postell, Assistant Professor of Political Science, University of Colorado–Colorado Springs

Establishing a government in which laws are made by an assembly of elected representatives is one of the great achievements in the last several centuries of human history. Yet most people today have a low regard for our legislative branch. Congress has become more democratic since the Founding, and yet today people think their representatives care about their opinions less than ever. The Constitution places the lawmaking power in Congress, yet people look more to the president as our chief legislator. What accounts for these contradictions? Examining the ideas that inspired the creation of our legislative branch and the history of its development helps us to answer these questions.

Constitutional ConventionAt the Constitutional Convention, the structure of the legislative branch was the most contentious issue that the delegates faced. The amount of rep-resentation that would be granted to the large and the small states nearly tore the Convention apart. One side favored equal representation in the legislature – an arrangement befitting a league or confederacy of equal and independent sover-eign states where each distinct sovereignty gets a single vote. Others advocated for proportional representation based on the idea of a republican government. After much debate, the issue was settled by a compromise which exists to this day: one house of Congress provides proportional, the other, equal representation.

Ratification DebateDuring the ratification debate over the

Constitution, other aspects of the legislative branch prompted criticism. Opponents of the Constitution, known as Anti-Federalists, objected that the legislature would be too far removed from the people, and would become an aristocracy that would betray the people the legislators were supposed to serve. The term lengths were too long. The lack of term limits would allow representatives to serve for very long periods of time, becoming removed from the day-to-day concerns of their constituents. There would be too few representatives (the Constitution allowed no more than one representative per 30,000 inhabitants) and each representative would have too large a district, detaching the representative from personal contact and intimacy with his constituents. These arrangements, Anti-Federalists feared, would produce a legislative body that is aristocratic, elitist, and out of touch.

Federalists, those who supported the Constitution, responded by pointing to the problems occurring in the states during the 1780s as evidence that representatives needed time and space in order to “refine and enlarge the public views,” not simply reflect them. Sometimes majorities are tyrannical and representatives must protect the people from themselves. Longer term lengths would provide this space, and the opportunity for indefinite re-election would ensure the people get to decide, at intervals,

The First Branch: Congress and the Constitution Introductory Essay© Bill of Rights Institute

Introductory Essay, page 2

whether to keep their legislators in office. A smaller representative body would prevent the legislature from turning into mob rule. The Federalists’ vision for Congress differed significantly from the Anti-Federalists’, and the debates they had are still part of today’s debates over how our legislators should behave and be held accountable.

In one of his most famous writings, Federalist No. 10, James Madison described an additional benefit of having a Congress covering a large territory and divided into local districts. This would prevent a majority faction from taking over the government and infringing the rights of the minority. By representing all of the different districts throughout the country, the diversity of the country would be brought into the deliberations in the legislative branch. This view of Congress would ensure that disagreement, and hopefully compromise, would be part of the legislative process. Individual members of Congress are supposed to represent the interests of their local constituencies. No single member is elected by the whole country, yet through bringing together all of the various interests some sort of compromise that advances the common good can be reached.

Federalists ultimately won the debate and the people ratified the Constitution through their state ratifying conventions. Federalists rejected the Anti-Federalists’ view that the powers of the new Congress would be broad and expansive, focusing on the limited nature of Congress’s powers under the Necessary and Proper Clause and the General Welfare Clause. They barely mentioned the Commerce Clause because, at the time of the Founding, nobody believed that power to be very broad. As Madison explained in Federalist No. 45, “The regulation of commerce, it is true, is a new power, but that seems to be an

addition which few oppose, and from which no apprehensions are entertained.”

Federalists also advanced a new theory of separation of powers that included checks and balances. Prior to 1787, most people thought separation of powers would be preserved by simply laying out the three branches and mandating that no branch trample on the others. However, experience demonstrated that such “parchment barriers” would not be very effective. In a republic, the strongest branch of government is the legislature, and the Federalists were concerned that it would gradually usurp the powers of the other branches. Their remedy was to divide the legislature into two chambers and check each against the other. The House and the Senate, in other words, were designed to work against each other, not together. This would be accomplished by (to quote Federalist No. 51) giving each house “different modes of election and different principles of action” in order to make them “as little connected with each other” as possible. The internal division of Congress, the Federalists argued, would maintain the checks and balances needed to preserve separation of powers.

While Federalists won the major debates about Congress, the Constitution said very little about how Congress would function in practice. Many of the rules of Congress were left to be worked out through experience. As a result, Congress has been shaped by historical developments that have changed how it operates, resulting in the “Three Congresses” we have experienced throughout American history.

The First CongressThe “First Congress” was in place during the early decades of American history. From to-day’s perspective it probably looks chaotic,



unpredictable, and disorganized. In these years Congress didn’t use committees to specialize in specific policy areas. Most bills were worked out collectively on the floor of the chamber, then referred to a special committee to be written and sent back to the whole assembly for passage. There were advantages and disadvantages to this arrangement. Everyone had an equal opportunity to contribute to every bill. This encouraged de-liberation and ensured that every representative, reflecting the views of each part of the country, could influence the laws. Debate was extensive, and the speeches made during debates affect-ed the outcome and were enlightening to the citizens who read them. Since strong and disci-plined parties had not yet developed, legislators changed their minds frequently and were free to bargain and compromise. On the other hand, this setup was extremely inefficient, and leader-ship was lacking to coordinate policies. Because every legislator was a generalist, policy expertise was absent.

The Second CongressThis arrangement worked while Congress

was small. After the 1800 census there were 142 representatives in the House and even as late as 1833 there were only 48 senators. But as the nation grew, the Congress expanded and its business became more complex. These changes produced a new kind of Congress by the middle of the nineteenth century, very different from what came before. Two main parties had developed with extensive tools to ensure party discipline. Representatives were nominated by their parties, and therefore had to follow the party leadership to stay in office. Party platforms were carefully constructed and widely read, so that citizens knew where each party stood on

the major questions of the day. Permanent standing committees were created to ensure policy specialization, and these committees were supervised by the leaders in each chamber to ensure that the committees pursued the priorities of the party.

Especially in the House, party leaders became the most powerful members of the government. The Speaker of the House – not the president – was the center of power in the late nineteenth century. Speakers became so powerful that they were called “czars,” and the epitome of the strong Speaker was Joseph Cannon of Illinois. The Speaker’s power over the House ensured that the party set the agenda in Congress. Today most are skeptical of party leadership and control, but there were significant advantages. Parties prevented Congress from becoming too fragmented, where all of the local interests simply clashed with each other and gridlock ensued. Because they were elected by a majority of the whole country, these parties reflected the will of the majority, were efficient in implementing that will, and ensured that elections mattered. Congress became a highly coordinated and responsive institution as a result of party leadership – at the expense of independent members representing their constituents’ local interests.

The Third CongressThis “Second Congress” came to a sudden end

in 1910. In a dramatic sequence of events the Speaker was stripped of most of his powers over members. Similar events occurred in the Senate. This produced a very different, “Third Congress.” Just as power became centralized under party leaders during the “Second Congress,” it filtered back down in this new setup. But the committee



structure remained in place, so committee leaders, rather than all of the legislators, controlled the legislative process. Because committees could refuse to send bills to the floor for votes, the chairs of these committees could ensure (or prevent) the passage of a proposed law. If power was exercised collectively in the “First Congress” and by party leaders in the “Second Congress,” the “Third Congress” is characterized by committee leadership. Power was dispersed from party leaders, but centralized in the hands of the committee chairs.

At the same time, Congress changed the very nature of its functions. Originally designed as a legislative body, Congress began to transfer that power to administrative agencies by delegating its powers over to these agencies. But, just as Madison had predicted, legislators did not want to relinquish control over public policy. Therefore, Congress organized itself to maintain oversight and control over the programs it was delegating to administrative agencies. It did this by maintaining its organization into numerous committees whose members had the specialized knowledge to oversee these programs.

Challenges for Today and TomorrowToday, we live in the world of the “Third Congress” that was set in place back in 1910. Some important changes have occurred, but the basic dynamic is the same. Power became even more decentralized in the 1970s, as reform-ers seized control from conservative Southern Democratic senators who used their powers to block important civil rights laws. They succeed-ed in placing more power and autonomy into subcommittees, which now can set their agen-das without permission from the chairs of the committees that oversee them. More recently,

leaders of both parties have tried to regain control of the agenda in Congress by reclaiming powers to control debate and which bills are voted on. Their efforts have met with limited success, and it is an open question whether Congress will remain a decentralized, commit-tee system where party leadership is weak, or whether party leaders can regain leadership and influence over their members.

Some of the aspects of Congress we dislike so much are rooted in these recent developments. The lack of party leadership and control, for example, has produced a Congress where representatives have more to gain by asserting their own districts’ interests than by bargaining and compromising. Because of the arrangement of Congress into districts, as Madison described in Federalist No. 10, there are very few incentives for members to work together without strong party leadership. The decentralization of power, moreover, has provided more access points for lobbyists and more checkpoints where an individual can stop even the majority in Congress from acting. The “Second Congress” was a responsive, majoritarian institution because of its centralized structure, but today Congress is decentralized, fragmented, and vulnerable to special interest influence.

There is no simple way to think about Congress. It is a complicated institution which raises critical questions about the nature of a republican form of government, and ultimately whether and under what conditions self-government is possible. Congress is the centerpiece of this American experiment in self-government. For that experiment to succeed, it is imperative that citizens understand how their legislature was meant to function, and how it actually functions today.



CRITICAL THINKING ACTIVITY1. Read the essay and underline the main sentence or two in each paragraph.

2. Next, use those main sentences to write a summary of the essay.

3. Finally, work with a partner or two to discuss the essay, compare your summaries and team-write an outline that traces the changes in Congress from its beginnings to the present.


Founding Principles

Checks and Balances: Constitutional powers are distributed among the branches of government allowing each to limit the application of power of the other branches and to prevent expansion of power of any branch.

Consent of the Governed/Popular Sovereignty: The power of government comes from the people.

Civic Virtue: A set of actions and habits necessary for the safe, effective, and mutually beneficial participation in a society.

Civil Discourse: Reasoned and respectful sharing of ideas between individuals is the primary way people influence change in society/government, and is essential to maintain self-government.

Due Process: The government must interact with all people according to the duly-enacted laws and apply these rules equally with respect to all people.

Federalism: The people delegate certain powers to the national government, while the states retain other powers; and the people, who authorize the states and national government, retain all freedoms not delegated to the governing bodies.

Individual Responsibility: Individuals must take care of themselves and their families, and be vigilant to preserve their liberty and the liberty of others.

Liberty: Except where authorized by citizens through the Constitution, government does not have the authority to limit freedom.

Limited Government: Citizens are best able to pursue happiness when government is confined to those powers which protect their life, liberty, and property.

Majority Rule/Minority Rights: Laws may be made with the consent of the majority, but only to the point where they do not infringe on the inalienable rights of the minority.

Natural/Inalienable Rights: Rights which belong to us by nature and can only be justly taken away through due process. Examples are life, liberty, property, and the pursuit of happiness.

Private Property: The natural rights of all individuals to create, obtain, and control their possessions, beliefs, faculties, and opinions, as well as the fruits of their labor.

Private Virtue: The idea that, in order to sustain liberty, individuals must be knowledgeable and must conduct themselves according to principles of moral and ethical excellence, consistent with their rights and obligations.

The First Branch | Congress and the ConstitutionThe First Branch: Founding Principles, Virtues, and Glossary© Bill of Rights Institute

Founding Principles , page 2

Representative/Republican Government: Form of government in which the people are sovereign (ultimate source of power) and authorize representatives to make and carry out laws.

Separation of Powers: A system of distinct powers built into the Constitution, to prevent an accumulation of power in one branch.

Rule of Law: Government and citizens all abide by the same laws regardless of political power. Those laws are justly applied, consistent with an ethos of liberty, and stable.


Virtues

Contribution: To discover your passions and talents, and use them to create what is beautiful and needed. To work hard to take care of yourself and those who depend on you.

Courage: The ability to take constructive action in the face of fear or danger. To stand firm in being a person of character and doing what is right, especially when it is unpopular or puts you at risk.

Honor: Demonstrating good character, integrity, and acting honestly.

Humility: To remember that your ignorance is far greater than your knowledge. To give praise to those who earn it.

Integrity: To tell the truth, expose untruths, and keep your promises.

Initiative: Exercising the power, energy, or ability to organize or accomplish something.

Justice: Upholding of what is fair, just, and right. To stand for equally applied rules that respect the rights and dignity of all, and make sure everyone obeys them.

Moderation: The avoidance of excesses or extremes.

Perseverance: To continue in a task or course of action or hold to a belief or commitment, in spite of obstacles or difficulty. To remember how many before you chose the easy path rather than the right one, and to stay the course.

Respect: Honor or admiration of someone or something. To protect your mind and body as precious aspects of your identity. To extend that protection to every other person you encounter.

Responsibility: Acting on good judgment about what is right or wrong, or deserving the trust of others. To strive to know and do what is best, not what is most popular. To be trustworthy for making decisions in the best long-term interests of the people and tasks of which they are in charge.

Resourcefulness: Taking constructive action in difficult situations quickly and imaginatively.

Self-Governance: To be self-controlled, avoiding extremes, and to not be excessively influenced or controlled by others.

Vigilance: Being alert and attentive to take action to remedy possible injustices or evils.


Glossary

Administrative State: The idea that government agencies should be part of an efficient, planned bureaucracy in which legislative, executive, and judicial powers are combined in specific agencies organized according to scientific management, headed by experts, and empowered to solve social, economic, and political problems. This approach to government eliminates separation of powers, checks and balances, and removes most limits on government power.

Agrarian: The cultivation of land; agriculture; a person who favors equitable distribution of land.

Agricultural Adjustment Act of 1933: An act of Congress passed in 1933 as part of New Deal legislation to help relieve the economic emergency of the Great Depression by increasing agricultural purchasing power and provide emergency relief.

Antebellum: Before the war; in particular, the period before the American Civil War.

Anti-Federalists: A faction of Founders who supported amending the Articles of Confederation and opposed the Constitution of 1787, were concerned about a strong central government, wanted to maintain strong state governments, and fought for the Bill of Rights as a way to protect citizens from a strong central government.

Antiquated: Something that is no longer useful; old; out-of-date.

Apothegm: A short, witty, instructive saying.

Appropriations Committee: A legislative panel that is responsible for passing appropriations, or spending, bills.

Articles of Confederation: The original governing document of the United States that was written in 1777 and was in force until the ratification of the Constitution by nine of the thirteen states in 1788. Under the Articles, states retained sovereignty and created a firm league of friendship in which the national government held little power.

Bicameral/Bicameralism: A legislative body composed of two chambers; in the United States, the Congress is composed of the House of Representatives and the Senate.

Brutus: An Anti-Federalist writer, thought to be Robert Yates of New York. Brutus asserted that it was impossible to provide fair and true representation in such a large republic as the United States.

Bureaucracy: The administration of government through departments and subdivisions; the concentration of authority in a complex structure of administrative bureaus.


Glossary, page 2

Casework: The work done by congressional staffers to assist constituents by contacting government agencies on behalf of the constituent to attempt to resolve problems.

Cato: An Anti-Federalist writer, thought to be George Clinton of New York, who believed that the legislature would not be able to respond to the needs of people from all walks of life and would end up representing the interests of only the wealthy and influential few.

Caucus: A meeting of supporters of a specific political party who gather to elect delegates to choose whom they believe should be the candidate in a given election that is organized by political parties. In the modern congress unit, caucus is not used in the electoral sense, but in the sense of a body of individuals belonging to the same faction —”a meeting of the members of a legislative body who are members of a particular political party, to select candidates or decide policy. Synonyms: meeting, assembly, gathering, congress, conference, convention, rally, convocation” - Webster’s

Chief Executive: The leader of the executive branch of government. In the British system, the Prime Minister is part of the legislative branch, whereas in the American system, the president is the head of the executive branch.

Clayton Antitrust Act of 1914: An act of Congress that prohibited mergers, interlocking directorates, and other forms of monopolistic business organization.

Cloture: the parliamentary procedure by which debate is closed and the measure under discussion is put to an immediate vote.

Coalition: An alliance of people who come together for a specific purpose.

Coincide: To occur at the same time; to occupy the same place.

Commerce: The economic system that constitutes the working environment for business including the legal, economic, political, social, cultural and technological systems that are in operation in any nation-state.

Commerce Clause: Article I, Section 8, Clause 3 of the U.S. Constitution states, “Congress shall have the power…to regulate commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

Competing Interests: Members of Congress are simultaneously expected to be lawmakers, representatives of the people, and members of a political party. As representatives of the people, they are expected to act for the benefit of both their particular district and for the nation as a whole. Passing laws frequently requires compromise among members, which necessitates sacrificing some constituent desires in hopes of achieving others.

Comply: To act in accordance with a request or order.


Glossary, page 3

Confederation: A league or alliance of independent states, nations, or political organizations.

Congressional Support Staff: Employees of representatives or senators who assist members in their daily work including constituent communication and advocacy, drafting legislation, or research.

Consent: To give permission, approval, or assent.

Constituent: Being a voting member of a community or organization and having the power to appoint or elect.

Contemptible: Despicable; dishonorable; disgraceful.

Contentious: Being argumentative or causing controversy.

Co-opt: To cause or force someone to become part of your group or movement; to use or take control of something for your own purposes.

Delegate: A person designated to represent others.

Deliberative: Carefully weighing or considering.

Democratize: To make or become democratic.

Disappearing Quorum: The refusal to vote on a measure though physically present during a meeting of a deliberative body.

Divisive: Forming or expressing division or distribution.

Dupe: A person who is easily deceived.

Dysfunction: Any malfunctioning part or element.

Economic Opportunity Act of 1964: An act passed by Congress to combat poverty in the United States through work-training programs, urban and rural community action programs, adult education programs, and assistance to needy children under the Office of Economic Opportunity in the executive branch.

Electoral College: The Electoral College is the system used by the United States to elect its chief executive. The College is outlined in Article II, Section 1 and in the Twelfth and Twenty-Third Amendments to the United States Constitution. It calls for each state to be designated a number of electors that is equal to the number of senators and representatives in each state. To win the presidency, a candidate must receive an absolute majority of votes, currently 270 electoral votes.


Glossary, page 4

Enlightened Administrator: A member of the government with specialized knowledge or education about a specific issue who acts as an administrator for government programs.

Enumerated Powers: The powers set forth by the Constitution to each branch of government.

Excess of Democracy: The idea that if there is too much democracy, governing decisions will reflect a mob mentality rather than the long-term best interests of the people.

Executive: The president leads the executive branch of the United States government; the executive is tasked with enforcing the laws, acting as commander in chief of the military, and making treaties and appointing officers with the advice and consent of the Senate.

Federal Farmer: An Anti-Federalist writer, thought to be Melancton Smith of New York, who believed that “a full and equal representation, is that which possesses the same interests, feelings, opinions, and views the people themselves would were they all assembled.”

Federal Pyramid: When James Wilson referred to the federal pyramid, he was arguing for a central government of a “considerable altitude,” or powerful enough to address the injustices and inadequacies that the union had experienced under the Articles of Confederation. A stable structure required a broad and deep foundation, and to Wilson, that meant a high level of participation by the people themselves in choosing their representatives. Wilson believed the new government must be both energetic and popular.

Federal Supremacy: Under the Supremacy Clause of Article VI of the Constitution, the Constitution, laws, and treaties of the federal government are the supreme law of the land.

Federal Trade Commission (FTC): An office under the executive branch created by the Federal Trade Commission Act in 1914 to promote consumer protection and anticompetitive business practices.

Federalists: A group of Founders that believed the central government was not strong enough under the Articles of Confederation and advocated for the new Constitution. They believed a bill of rights was not needed because the Constitution itself limited the government’s powers.

Filibuster: The use of obstructive tactics, especially long speeches, by a member of a legislative body to prevent the adoption of a measure or force a decision.

Food and Drug Administration (FDA): the oldest consumer protection regulatory agency in the federal bureaucracy. It began with the Pure Food and Drug Act of 1906, which prohibited interstate commerce in contaminated food or drugs.

Free State: A state that had banned slavery prior to the Civil War and the ratification of the Thirteenth Amendment.


Glossary, page 5

Gridlock: A situation in which nothing can move or proceed in any direction.

Hepburn Act of 1906: An act by Congress that increased the power of the Interstate Commerce Commission by allowing it to set rates for railroad shipping.

Impartial: Not biased; fair; just.

Impasse: A position or situation from which there is no escape.

Impeachment: The presentation of formal charges against an elected official.

Imperialism: The policy of extending the rule or authority of an empire or nation over foreign countries.

Impetuous: Sudden or rash action, emotional; impulsive.

Implied Powers: Powers of Congress that are said to be implied by the Necessary and Proper Clause in Article I, Section 8 of the Constitution even if they are not listed under the enumerated powers in that section.

Insurgent: A person who rises in opposition to lawful authority, especially one who engages in armed resistance to a government or the execution of its laws.

Interpose: To put a barrier or obstacle in between or in the way of action.

Interstate Commerce: The movement of goods or money from one state to another. Congress has the power to regulate interstate commerce through Article I, Section 8 of the Constitution.

Interstate Commerce Act of 1887: An act passed by Congress that regulated interstate commerce including transportation of goods between states and established the Interstate Commerce Commission.

Interstate Commerce Commission (ICC): An executive agency created under the Interstate Commerce Act of 1887 to regulate trade practices.

Joseph Cannon: A member of the Republican Party and Speaker of the House of Representatives from 1903 to 1911. Cannon was considered to be one of the most dominant Speakers of the House in United States history.

Laissez-faire: The practice of noninterference in the affairs of others; the theory or system of government that upholds the autonomous character of the economic order, believing that the government should intervene as little as possible in economic affairs.


Glossary, page 6

Lame Duck: An elected official or group of officials who continue in office during the period between an election defeat and the new officers’ assumption of the office.

Legislation: A law that is made or enacted by a legislature.

Legislature: A deliberative body of persons, usually elected, who make, change, or repeal laws of a nation or state; the branch of government that has the power to make laws.

National Industrial Recovery Act of 1934 (NIRA): An act of Congress to encourage national industrial recovery, foster fair competition, provide for public works, and other purposes as part of New Deal legislation to combat the Great Depression.

National Recovery Administration (NRA): An executive agency created by the National Industrial Recovery Act of 1934 that set production quotas, prices of goods, and wages for each industry. The NRA regulated commerce between the states and within states.

Nationalism: Devotion or loyalty to one’s country.

New Jersey Plan: A plan introduced by the New Jersey delegation to the Constitutional Convention that provided for equal representation of the states in a unicameral legislature—in essence just tweaking the Articles of Confederation to revise and strengthen the existing system.

Nullification: The failure or refusal of a U.S. state to enforce a federal law within its limits, usually on constitutional grounds.

Oversight: Supervision or care of a task or governmental agency.

Parliament: A legislative body; the legislature of Great Britain made up of the House of Lords and the House of Commons.

Parliamentary: Formal rules governing the methods of procedure, discussion, and debate in deliberative bodies.

Parliamentary System: A system of government in which there are two chambers of the legislative body, but which lacks separation between the executive and the legislative branch. Under a parliamentary system, the chief executive, usually called a prime minister, is a member of parliament.

Patronage: The power to make appointments to government jobs or the power to grant political favors.

Perpetual Union: A union in which members are not allowed to withdraw or overthrow the government. The Articles of Confederation purported to be a government document in which all members agreed to be members of a perpetual union.

Political Party: A group of people who agree on major policies, programs, and practices of government.


Glossary, page 7

Pork-barrel: A government appropriation, bill, or policy that supplies federal funds for local improvements designed to allow legislators to establish favor with their constituents by benefitting local interests even though the project has little or no broader benefit.

Prime Minister: The head of the government in parliamentary systems.

Privileged: Favored; entitled.

Procedural: The course or mode of action in conducting legal, parliamentary, or other business proceedings.

Progressive/ Progressivism: A person who advocates for progress, change, improvement, or reform; the movement of the people who advocate for progress. As the term is often used in the United States, Progressives see the Constitution as a living document whose limits on the federal government’s powers are obsolete.

Proportional representation: A method of voting by which political parties are given legislative representation in proportion to their popular vote.

Quarrel: An angry argument, dispute or altercation.

Quorum: The minimum number of members needed to conduct business in a deliberative body.

Ratify/Ratification: formal approval. With respect to the U.S. Constitution, the process required that nine of the thirteen original states had to approve the Constitution in order for it to become law.

Reform: To change by alteration, substitution, or abolition.

Regulation: A law, rule, or order prescribed by authority.

Reins: The controlling or directing of power.

Repeal: To officially revoke or withdraw.

Representation: The state, fact, or right of having one’s interests expressed by delegates in the government.

Republic: A state in which the supreme power resides with the citizens who choose government representatives directly or indirectly through voting.

Revolt: To break away from or rise against authority.

Rules Committee: A committee of the House of Representatives that is in charge of determining which laws will come to the House floor based on the rules of the House.


Glossary, page 8

Schechter Poultry Corp. v. United States (1935): A unanimous Supreme Court case that ruled that the National Industrial Recovery Act was unconstitutional because the federal government could not regulate intrastate trade and because the Congress could not delegate its legislative authority to the executive branch.

Sectionalism: Regard for sectional, or local, interests.

Select Committee: A legislative panel made up of a small number of legislators who were appointed to deal with a specific issue.

Seniority: Priority, precedence, or status obtained as a result of a person’s length of service or relative prestigiousness or authority of their position.

Slave State: A state that had not outlawed slavery prior to the Civil War and the ratification of the Thirteenth Amendment.

Sovereign: The supreme power or authority.

Speaker of the House: The leader of the majority party in the U.S. House of Representatives and presiding officer of the House.

Special Interest Groups (SIGs): A group of people with shared interests who seek support of their interests from politicians through legislation, appropriations, or other means.

Stalwarts/Radical Republicans: A wing of the Republican Party whose platform was an opposition to slavery prior to and during the Civil War, fighting for the rights of freed slaves during Reconstruction, and punishing the South for the Civil War.

Stamp Act: An act passed by the British Parliament in 1756 that required colonists pay a tax on every piece of printed paper in order to help pay debts accumulated during the French and Indian War. The act was repealed in 1766.

Standing Committee: A permanent legislative panel in the House of Representatives or Senate that considers bills, recommends measures, or oversees programs and activities.

Suffrage: The right to vote.

Tariff: A bill, cost, or charge imposed by the government on imports or exports.

Tenure of Office Act: An act of Congress, in place from 1867 to 1887, which restricted the power of the president to remove officials from office without the advice and consent of the Senate.


Glossary, page 9

The Jungle by Upton Sinclair (1906): A novel that portrayed the harsh conditions of the meatpacking industry in the early twentieth century and led to the passage of the Meat Inspection Act and the Pure Food and Drug Act, also in 1906.

Three-Fifths Clause: A compromise regarding representation determined in the Constitutional Convention that counted three-fifths of the enslaved individuals in calculating representation and taxation. The clause was adopted as part of the Constitution.

Transformative: To change in form, appearance, structure, condition, or character.

Trustee: A person who administers the affairs of others.

Unicameral/Unicameralism: A legislative assembly consisting of one chamber.

Vetting: To appraise or verify validity or accuracy.

Virginia House of Burgesses: The first representative colonial assembly in the British American colonies.

Virginia Plan: A plan introduced by the Virginia delegation to the Constitutional Convention that recommended not just a revision of the existing confederation of sovereign states but the creation of a powerful national government that would be supreme over the states. The plan included a bicameral legislature in which the lower house was elected by the people of each state and the upper house was elected by the members of the lower house. In each chamber, the number of the state’s delegates would be based on state population.

Virtue: Conduct that reflects universal principles of moral and ethical excellence essential to leading a worthwhile life and to effective self-government. For many leading Founders, attributes of character such as justice, responsibility, perseverance, etc., were thought to flow from an understanding of the rights and obligations of men. Virtue is compatible with, but does not require, religious belief.

War Industries Board: An executive agency that directed the wartime economy during World War I.

Ways and Means Committee: A legislative panel that reviews and makes recommendations for government budgets, usually involving taxation.

Whip: A party manager in a legislative body who secures attendance for voting and directs other members.


the balance of power between the legislative and executive

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