Congress A. Carafiello
Essential Questions Why does the Constitution divide power between the two houses of Congress? What is a term of Congress? What are Congressional sessions? What benefits to members of Congress receive? What are the responsibilities of Congress members?
Bicameral The Constitution creates a bicameral legislature for three reasons: Historical: The British Parliament consisted of two houses since the 1300s, and many colonial assemblies were similar in form. Practical: A bicameral legislature was necessary to compromise the Virginia and New Jersey plans of representation. Theoretical: The Framers favored a bicameral Congress in order that one house might act as a check on the other.
Term Each Congress lasts for two years The 20th Amendment in 1933, changed the start date to noon on January 3rd The current Congress -- 112 began on January 3, 2011 and will end on January 3, 2013
Session A session is a regular period of time in which Congress conducts business Congress, adjourns or suspends until the next session Congress must meet for at least 2 sessions a year The President has the power to prorogue, or suspend a session, if the houses cannot agree to adjourn The President can call a special session --- a meeting to deal with an emergency situation Congress meets almost all year long
Payment Representatives and Senators are paid $174,000 a year If you hold a position (Speaker of the House, Majority or Minority Leader) earn $223,500 per year
Benefits Travel allowance Insurance benefits Full health care at a military hospital Parking and printing Pension Plan Cannot be harassed by Government Protection from doing their duty Legislative Immunity - protection from character defamation and civil suits while doing their job
Responsibilities Legislators (make laws, introduce laws) Committee Members (serve, research, propose bills) Represent constituents Servants of their constituents Politician
Review The practical reason behind establishing a bicameral legislature was A. the necessity to find compromise between the NJ Plan and the VA Plan B. the need to mimic existing British Parliament C. a desire to break from all tradition D. requirements set by the British monarchy
Review Special sessions of Congress A. are called by the President to deal with some emergency situation B. are called whenever a senator filibusters C. are never called D. are used to handle the everyday business of Congress In Class Task: Read Article from the New York Times on Voting and Absenteeism in the House Answer review questions. Should a person still be paid if they are absent from work? Assignment - Congressional Representation of the Nation
The House of Representatives
Essential Questions What are the size and terms of the House of Representatives? How are House seats reapportioned among the States after each census? What are the benefits of gerrymandering? What are the qualifications for serving in the House?
ReApportionment Following each census, the Census Bureau is to determine the number of seats each state should have The Bureau proposes a plan to the President, who sends it to Congress Within 60 days both houses must accept the plan for it to become effective
Gerrymandering Gerrymandered --- districts that have been drawn to the advantage of a political party or faction that may control the State legislation Why? Concentrate opposition to one area Spread out opposition
Understanding Congressional Elections Elections held on the Tuesday, following the first Monday in November (created in 1872) Off-Year Elections: elections that occur in the nonpresidential years There will not be any elections held in Vermont this year, because it is an off year.
House Qualifications Must be at least 25 years old Must have been a citizen for the last 7 years Live in the state they are running in Live in the district that they are running in (common, but not required)
House Behavior The members of the House have the right to challenge the election of a member The House may refuse the seat of a member-elect, and punish a member for disorderly behavior Members have been censured, expelled, and reprimanded In 1900, the House refused Brigham Roberts of Utah, because he was a practicing polygamist. In 1969, the Powell vs. McCormack case heard by the Supreme Court stated that the House could not exclude members if they met the requirements set in the Constitution. In the last 200 years they have expelled only five members. 3 were ousted in 1861 for their role in the Civil War 1980 Michael Meyers was ousted in 1980 for corruption (accepted a bribe) 2002 - James Traficant for bribery
Review Key Vocabulary - apportion, reapportion, term, gerrymander Questions: How long is the term of a representative? Who draws congressional districts? What are the constitutional qualifications for membership in the House? Assignment: View the following website http://kids.clerk.house.gov/high-school/ and develop a timeline on the first day of Congress.
The Senate
Senate Qualifications Must be at least 30 years old A citizen for 9 years Resident of the state they are running in Serve for 6 years Elections are held every two years with 33 or 34 seats up for election at a time Vermont s Federal Senators: Patrick Leahy Bernie Sanders
Senate A continuous body - all its seats are never up for election at the same time 6 year term is to make senators less subject to the pressures of public opinion Senators should be focused on the big picture of national interest
Senate Behavior May exclude member-elect by a majority vote Punish members for disorderly behavior Expel a member There were 14 members expelled during the Civil War - expelled for supporting succession Assignments: Have students choose a member of the Senate who has either been expelled, censored, or attempted to be expelled, create a postcard commemorating this event.
Committees
Functions Committee Members - House Serve on committees There are 22 standing committees About 140 sub committees 12-15 members on each committee House members can serve on one major committee
Types of Committees Standing Committees --- permanent panels in Congress in which bills of similar nature can be sent Joint Committees --- Composed of both members of the House and Senate Select Committees --- created to deal with specific matters
Standing Committees - house Agriculture Appropriations Armed Services Banking, Finance, Urban Affairs Budget District of Columbia Education & Labor Energy and Commerce Foreign Affairs Government Operations House Administration Judiciary Natural Resources Science, Space, Technology Assignment: Research a committee. Identify any current legislation within that committee. Complete the reading on committees.
Leadership
Leadership - H of R Speaker of the House John Boehner - Republican (Ohio) Majority Floor Leader Eric Cantor- Republican (VA) Minority Floor Leader Nancy Pelosi - Democrat (CA) Majority Whip Kevin McCarthy- Republican (CA) Minority Whip Steny Hoyer - Democrat (CA) Assignment: Choose one person in leadership (House or Senate) and complete the bio page on that person. Assignment: Complete the reading on House leadership / positions - write a cover letter explaining what job you would be good at and why.
Speaker of the House Representatives Leader of the majority party Senior member of his party Follows the Vice President in line of Presidential Succession Interprets and applies rules Rules on points of order Vote on a tie or cause one Names the members of all select committees Signs all bills and resolutions passed by the House
Majority and Minority Floor Leaders Are party officers picked for their posts by their colleagues Whips - assist the floor leaders and serve as a liaison between party s leadership and members
Leadership of the Senate President of the Senate Joe Biden - Democrat (DE) Majority Floor Leader Harry Reid - Democrat (NV) Minority Floor Leader Mitch McConnell (KY) President Pro Tempore Daniel Inouye - Democrat (HI) Majority Whip Richard Durbin - Democrat (IL) Minority Whip John Kiel (AZ)
President of the Senate / President Pro-Tempore President of the Senate is always the Vice President Has the same role as the Speaker of the House May not vote on legislation President Pro Tempore --- leader of the majority party, serves in the VP s absence
Congressional Powers
Congressional Power The Constitution grants Congress a number of specific powers in three different ways. The Expressed Powers - granted to Congress explicitly in the Constitution The Implied Powers - granted by reasonable deduction from the expressed powers The Inherent Powers - granted through the Constitution s creation of a National Government for the US
Congressional Powers Congress is given its powers in Article 1 - Section 8 There are 18 separate clauses, 27 different powers are given to Congress The meaning of these short phrases has been interpreted, tested, and reinforced in the years
Power to Tax A tax is charge levied by the government on persons or property to meet public needs They can be imposed for protection, health or safety The power to tax is not unlimited Some taxes are imposed for other purposes - example the tax on narcotics to protect health and safety,
Limitations Congress may not tax exports - customs, duties, or tariffs can only be placed on imports Congress may only tax for public purposes not for private benefit Direct taxes (one paid by the person) must be apportioned by the States - according to their population (Example - Income Tax) Indirect Taxes (first paid by one person and then passed on to another - example cigarette tax) -- must be levied at the same rate in all parts of the country
The power to borrow Congress has the power to borrow money on the credit of the United States Money is used to finance projects There is no constitutional limit on the amount Congress can borrow Congress adjusts the ceiling whenever it needs to borrow beyond the limit The current deficit is at 15 trillion dollars That means each person in this country is responsible for 49,000 of the current debt. The average debt has increased almost 4 billion dollars a day.
The Commerce Power The power of Congress to regulate interstate and foreign trade This clause made it possible for a strong Union to be built out of a weak Confederation It is on this clause that the Civil Rights Act of 1964 was established - prohibiting the discrimination in access to or service in hotels, motels, theaters, etc
The Currency Power Congress has the power to coin money and regulate the value thereof
Bankruptcy Congress has the power, to establish uniform laws on the subject of bankruptcies. Concurrent power between the State and the Federal Government Bankruptcy is the legal proceeding in which the bankrupt s assets are distributed among those to whom a debt is owed.
Foreign relations Powers Make treaties with other nations Declaration of war- shared with the Chief Executive Raise and maintain an army, navy, and make rules pertaining these forces
Additional Powers Naturalization Postal Power Copyrights and Patents Weights and Measurements Power over Territories and other Areas (DC, Guam, Puerto Rico, Virgin Islands) Establish the rules for people to become US citizens Develop the post office, roads they travel on, to ensure the safety of a person s mail, there are associated crimes - specific items that cannot be mailed, federal offense to tamper with the mail The exclusive right for an author to publish, sell their creative work (copyright) Patent - exclusive right for an inventor to their idea
Implied Congressional Powers
Implied Powers Powers that are not openly expressed in the US Constitution Example: The expressed power of commerce Implied - regulate the minimum wage and hours The power to raise armies Implied - the power to draft
Necessary and proper A.K.A - Elastic Clause It is from this provision that the implied powers flow Makes the US Constitution valid and adaptable Stretches far and has been made to cover many things The basis for implied powers must always be found under the expressed powers
Non-Legislative Powers
Constitutional Amendments: Congress may propose an amendment to the Constitution by a 2/3 vote in each house Electoral Duties: At times the House may be called to elect the President if majority isn t reached by the Electoral College / the Senate may be called to elect the Vice President Impeachment: Bring charges of treason, bribery, or other crimes to the House and the Senate will serve as the judge
Executive Powers to the Senate: All major appointments made by the President must be confirmed by the Senate by a majority vote All treaties must be confirmed by the Senate
How a Bill Becomes a Law
Step 1 A bill is introduce by a member of the House or Senate. A bill can be created by any person, but must be submitted by a member of Congress There are private and public bills. Private - relating to a specific person, group, or business. Public - relating to everyone
Step 2 The Bill is introduced and placed in the hopper (a special box on the clerk s desk). When the Bill is introduced the clerk assigns it a number A reading clerk reads the bill to all representatives. The Speaker or President will send the bill to a committee. In the Senate the bill is placed in the presiding officers desk. Bills originating in the House - begin with H.R. Bills originating in the Senate - begin with S. Once the Bill is sent to Committee -- a copy of it is sent to the Thomas electronic library.
Step 3 The Committee researches, reviews, and revises the bill before sending it back out on the floor. If the Committee needs more information than they will send it to a subcommittee. A bill can be tabled in Committee - means it is deemed unwise or unnecessary. If a bill is edited and amended greatly it can be considered a clean bill and receive a new number.
Once the bill is ready it can be sent back to the floor and a debate can begin. The Bill will be placed on the calendar. The Rules Committee will determine the rules for debate and when it will come up for debate. The Bill is read section by section and Congressional members debate and make comments. Once all changes have been made the bill is ready to be voted upon. The Bill is read only by title when it comes to voting on it. There are various ways in which Congressional members can vote. House Members - usually vote electronically or roll call vote Senate - do not vote electronically but yea and nay
If the Bill is successfully voted upon it is sent to the other chamber of Congress. Majority for House - 218/435 Majority for Senate - 51/100 The Thomas website will list the status of the Bill after each of these items. Once the bill has been passed and is ready to be sent on to the new Chamber it is known as being engrossed.
The Bill is introduced. The Bill is assigned to a committee. The Committee revises, reviews, and researches the bill.
The Bill is sent to the floor for debate. Amendments can be made. If the Bill is successful it is returned to the first chamber. A Conference Committee is developed to compromise on the amendments made by each chamber.
Both Chambers must approve of the changes made by the Conference Committee. The Bill is ready to be sent to the President.
The President can... Take no action and if Congress is in session in 10 days it becomes a law. Pocket Veto - takes no action, and Congress ends session Veto the Bill Sign the Bill into Law