Unit 4 – Legislative Branch – Congress

What are the different parts and terms of Congress?

BASICS OF CONGRESS

Congress(legislative)

Coin Money, Declare War, Provide for army/navy, tax, borrow.

Commerce Power

Censures own members.

Uses oversight function to check executive branch.

Makes the law.

In charge of naturalizing new citizens.

House of RepresentativesAppropriation bills must be introduced here.

Population, number of members reapportioned every 10 yrs.

Elected every two years.

Districts are large = only upper class could run for office.

Gets to impeach

Senate

Elected by state legislatures

Six year terms

Only 1/3 of Senate up for election at a time

Advice and consent to the President.

Senator Bob Casey Jr. (D-PA) Senator Pat Toomey (D-PA)

Rep. Glenn “GT” Thompson (R-PA) Your Congressmen

Structure

House of Representatives435 members

Speaker of House keeps order.

John Boehner (R-OH) is elected by majority.

Senate100 members

Vice President is Pres. of Senate and casts tie breaking votes – Joe Biden

President Pro Tempore takes over occasionally – sr. member of majority party. Senator Inouye

Majority Leader holds real power – Harry Reid (D-NV)

Floor Leaders

Parties elect leaders to plan topics they will push.

“Whips” = deputies that enforce partisanship

People divide into party caucuses

Party with the most people = majority & least = minority.

Majority leader decides issues they will vote on and how to set up committees.

Business

Each house has a rule book.Bills are developed on behalf of constituents, lobbyists, party, or president. Bills are placed on a calendar for passage.Bills become laws and have to be passed by both houses.Resolutions

laws for the constitution.Or declarations.

Committees

Led by a chairperson – senior member of majority party.

They decide what bills to review, when to meet, and what hearings to hold.

Each committee focuses on a specific topic like the military or science.

Most bills “die” in committee.

How a Bill becomes a Law

Congressman creates bill.Goes to subcommittee.Reviewed, then killed or moved.Goes to committee.Repeat Step C.Floor Debate occurs – decided by Majority Leaders.

House is limited to 1 hour per party.Senate may speak indefinitely (filibuster).

May go to conference committee so bills are identical in both houses.Repeat Step FPresident can…

Signs into law. Law without signature – ignores bill while in session.Veto – Dies or goes back to Step F.Pocket Veto – ignore it out of session - dies.

HOW CONGRESS DEVELOPED

History of the Congress 1789-1850

Meets first time in NYC in 1789.Hires clerks, sets up procedure.1802 – Judiciary Act shapes courts.1812 – Declaration of War passed against Britain. 1820 – Missouri Compromise – by Henry Clay

Missouri -slave state.Maine -free state.The 36 – 30 line divides the nation between slave and free.Slaveholder John Calhoun, abolitionist Daniel Webster supports.

1824 – Speaker Henry Clay helps Congress choose John Q. Adams to be president over Jackson.Jackson becomes president next & fights Congress to be strongest branch.1834 – Jackson is censured by Congress.1836 – Gag rule is placed so no one can talk about slavery.Compromise of 1850 passed.

Sick Henry Clay designs it, Daniel Webster speaks on his behalf.California becomes free statePopular sovereignty allowed in Utah and New Mexico.Texas paid for lost land.Slave trade abolished in DC. Fugitive Slave Act forces Northerners to help capture slaves.

Civil War and Reconstruction

1856 – Kansas-Nebraska Act (popular sovereignty) presented by Sen. Stephen Douglas in hopes of winning presidency.1856 – Rep. Preston Brooks beats Sen. Charles Sumner with cane for insulting the South.1861 – Congressman who do not show up -kicked out.Post war –Johnson is impeached by House, not removed by Senate. Radical Republicans run the nation and reconstruct the South.

Twentieth Century Congress

Isolationists led charge against League of Nations.New Deal Democrats took charge of Congress, support FDR.Un-American Activities Committees investigate Communists.

Nixon gains fame in House, but McCarthy is eventually censured.

Pork barrel spending skyrockets, especially w/ transportation bill in the 1950’s. House investigates Watergate scandal, leads to investigation of Nixon.

Reagan EraSenate investigates Iran-Contra scandal, where guns were traded for people. Republicans take back Congress in 1994.Newt Gingrich (R-GA) and Bob Dole (R-KS) declare a “Contract with America.”

Balance the budgetLower taxesTerm limitsEqual to executive branch

House impeaches over Monica Lewinsky affair perjury.Republicans lose seats steadily for years. Pass Patriot Act and Iraqi War Resolution.Nancy Pelosi (D-CA) first woman Speaker. Current Speaker is John Boehner (R-OH).

BENEFITS AND PROBLEMS OF CONGRESS

Problems

Can stall important legislation.Lobbyists use cash contributions to campaigns and trips, to “convince” Congressmen to vote their way.Congressmen use pork barrel projects or earmarks to get constituents to vote for them.Projects are sometimes wasteful and benefit only a small group of people.Unrestricted spending has led to a large debt.Gerrymandering may occur.Incumbents, people already in office, have many resources and are very likely to win re-election. Two houses (one in DC, @ home)Lots of travel, little time for family or relaxationCan claim eminent domain.

Interpretation

Some powers are actually expressed.

Others are implied or inherent, which are debatable.

Loose and strict constructionists have always argued about the meaning of the Constitution.

Benefits

Keep in touch with constituents.

Franking privilege.

Broad powers are given by the Necessary and Proper Clause.

$174,000 salary