Mrs. Stafstrom Government NAME: HOUR: CHAPTER 11 POWERS OF CONGRESS AND CHAPTER 12 CONGRESS IN ACTION Monster Packet Chapter 11 Powers of Congress 1. The Expressed Powers: Money and Commerce a) Definitions i) Expressed powers (a review question, right?) ii) implied iii) inherent iv) All the above powers are powers, meaning they are given to the federal government b) Commerce Power (IMPORTANT) i) Article I, Section 8 says what about commerce? ii) Courts have interpreted the commerce clause in what way? iii) What are the limits on commerce power? c) Power to Tax i) What is a tax? What is a tariff? ii) Why is the power to tax such an important power? d) Power to Borrow what does this generally mean? 1
e) The Currency Power i) The Constitution gives Congress the power and denies the this power. ii) What is legal tender? iii) Last year of an American gold coin? iv) If money is then creditors are required by law to accept it. f) Bankruptcy skip 2. Other Expressed Powers a) Congress and Foreign Power i) Congress shares this power with. The have no standing in foreign relations because they are not nations. ii) War Powers The is commander in chief, but only Congress can declare. b) Domestic Powers be familiar but don t get lost in the details i) Naturalization ii) Postal Power iii) Copyrights and Patents iv) Weights and Measures v) Power over territories vi) Judicial Powers Congress has the express power to create federal below the Supreme Court. 3. The Implied Powers i) Necessary and Proper Cause (IMPORTANT) (1) also known as the. (2) Powers are based on the Necessary and Proper Clause (N&P) (3) How did liberal constructionist interpret the N & P clause? (4) The strict constructionist? (5) Why does this matter? (6) MuCulloch v. Maryland, 1819 U.S. Supreme Court rules that Congress had the implied power (from the N&P) to establish a national bank. (7) Today, the N&P clause should read and (8) The basis of any implied power must be found in an power. 2
4. The Nonlegislative Powers Congressional functions or powers other than passing laws. a) Constitutional Amendments remember Congress has a role in proposing amendments. b) Electoral Duties generally know that the House may be called upon to choose a president if no candidate wins a majority of the electoral votes. c) Impeachment the House can impeach ( ) by a vote, and the can convict with a vote. d) Executive Powers (careful, do not get this confused with the Executive Branch) i) Senate must all major appointments by the president by a vote. This would include Cabinet members. ii) President makes treaties with other countries with the and of the Senate. e) Investigatory Power (also called oversight) basically Congress checks up on the executive branch. 1. Congress Organizes a) Definitions i) Speaker of the House Chapter 12 Congress in Action ii) President of the Senate iii) President pro tempore iv) Floor leaders v) Whip vi) Party caucus 3
vii) Committee chairman viii) Seniority rule b) Congress Convenes i) There is a new term of Congress every years. The current Congress is the - Congress (hint: not in the book) ii) The entire House membership is elected every years. Thus when the representatives-elect first meet on January of odd numbered years (elections are held in November of years), there are technically no House members. After electing a Speaker of the House (usually a member of the party), the representatives are sworn in. Finally the House must adopt that will govern its and appoint members to. iii) The Senate is a body. Every two years of the Senate seats are up for election. This means that of the Senate membership is carried over from year to year. iv) Every January, the president gives a of the address to a session of Congress. c) Presiding Officers mentioned in the Constitution i) Speaker of the House. Elected by the representatives, he is both the officer of the House and the of the majority. party. The Speaker has two Duties: 1) 2). ii) Who serves in the absence of the Speaker? iii) President of the Senate he is a member of the Senate. The - is the President of the Senate. What does the President of the Senate do? When does the President of the Senate get to vote? Who is the current President of the Senate? Do you think he will be voting? Why? Who serves in place of the President of the Senate when he is absent? 4
d) Floor Leaders (PARTY leaders not mentioned in the Constitution) i) Floor leaders one for each party (majority and minority) on both the House and Senate. A floor leader tries to manage their party s agenda. ii) Each floor leader is assisted by a, who basically makes sure that members of the party vote with the party. Whip them into shape! iii) Party caucus a meeting of the members of each party from each house. iv) Committee Chairman most of the work of Congress, especially in the is done in. The party chooses the chairmen of the standing (permanent) committees. What do committee chairmen do? v) Seniority Rule. What is it? Is it written in the Constitution? 2. Committees in Congress where the work is done a) Definitions i) Standing committee ii) Select committee iii) Joint committee iv) Conference committee 3. Making Law: The House (Complicated hang on) a) The start the hopper. Most bills come from the branch. b) Types of Bills Define and identify which bills or resolutions have force of law (that is can be enforced) i) Bills ii) Joint resolutions iii) Concurrent resolutions 5
iv) Resolutions c) First Reading i) Each bill gets a number HR # ii) What is the Congressional Record? iii) Bill is referred to the appropriate committee. d) Bill in Committee i) Most bills die; they are. ii) Members can force a bill out of committee with a. iii) Most work in committees is done through. e) Calendars just read f) Bill on the Floor i) Committee of the Whole: the House morphs into another entity called the Committee of the Whole. Debates on bills occur when the House is in this form. ii) Debate is strictly limited in the House iii) Voting just read iv) Approved Bill. After the third reading, the of the signs it and sends it to the. 4. Making Law: The Senate a) Define: i) Filibuster ii) Cloture iii) Veto 6
iv) Pocket veto b) Introduction of bills // with the House c) Floor Debate i) Senate is called the because of its liberal rules on debating. ii) Filibusters. How does the Senate majority try to defeat a filibuster? iii) Cloture Rule. (think closure). Senate rule that forces end to a filibuster if Senators vote for it. d) Conference Committees i) In order for a bill to go to the president, the House and Senate versions must be. ii) Differences between House and Senate bills are addressed in a. iii) A compromise bill must be back to the House and Senate and must be or without. 5. The President Acts a) Briefly outline the four options available to the president when the House and the Senate present her with a bill that has been passed. i) Signature ii) Veto iii) No action iv) Pocket veto 7
Stop! Relax. 8