The Constitution and the Legislative Branch of Government Article I creates the legislative branch of government. Congress is a bicameral institution. The upper house is called the Senate in which each state receives two representatives, and the lower house is called the House of Representatives that is apportioned by population. The formal requirements for membership are: Senate
30 years old
nine years a U.S. resident
legal resident of their state
House of Representatives
25 years old
seven years a U.S. resident
legal resident of their state
The Senate has a six-year term with 1/3 of the seats up for reelection every two years, and the House has a two-year term. Originally, senators were chosen by state legislatures. The Seventeenth Amendment in 1913 provided for the direct election of senators. So the Senate was designed to represent state interests and the House the interests of the people. The Senate has longer terms to allow them to address weighty issues that may not appeal to the public such as foreign affairs. They were also to be chosen indirectly to insure that statesmen and not politicians served in the Senate. The House members represent districts within states, and therefore are closer to the people. Since they are up for election every two years, they are considered to be more responsive to the people as well. Apportionment and Redistricting The Constitution requires that all Americans be counted every ten years by a census. The census would then determine the representation in the House of Representatives. Since the Constitution requires the House to be based on population, a fixed number of seats demands that after each census the House seats be redistributed as populations shift-this is called redistricting or reapportionment. When the process is outrageously political, it is called gerrymandering and is often struck down by the courts. Constitutional Powers of Congress The most important constitutional power of Congress is the power to make laws. This power is shared by the House and the Senate. In order to become a law, a bill must be passed by both the House and the Senate. The powers of Congress are set out in Article I, section 8: · law-making · lay and collect taxes and duties · declaration of war · raise an army and navy · coin money · regulate commerce with foreign nations and among the states · establish federal courts and their jurisdiction · establish bankruptcy rules · establish rules of immigration and naturalization · issue patents and copyrights · borrow money · define and punish piracy · provide for a militia · exercise power over the District of Columbia · override a presidential veto with 2/3rds vote of both houses · make all laws "necessary and proper" to carrying out the foregoing powers \ This last clause is also referred to as the Elastic Clause. It allows Congress's powers to be expanded beyond the enumerated list. The Supreme Court has often interpreted the necessary and proper clause quite broadly, though in recent years decisions seem to be leaning toward restricting broad federal grants of power. The House has 435 members and all money bills must originate, and the impeachment of executive and judicial officials must occur, in the House. Impeachment is charging the president, vice president, other civil officer, or judge with "treason, bribery, or other high crimes and misdemeanors." The Senate has 100 members. It tries impeachment cases and can remove officials with a 2/3rds vote. The Senate also provides advice and consent on presidential appointments and treaties with a 2/3rds vote. The House and Senate operate differently as well. The House, being a much larger body, tends to be more formal, centralized, and has stronger leadership. The Rules Committee exists only in the House and exercises substantial control over time and rules of debate in conjunction with the Speaker. The House is impersonal, more partisan, and its members are highly specialized. The Senate is less centralized, less formal, and has weaker leadership. The Senate has the possibility of filibustering-talking a bill to death-that can only be limited through a cloture vote. Debate in the Senate can also be limited by unanimous consent. The Senate is more personal and Senators tend to be generalists. Whereas the House emphasizes tax and revenue policy, the Senate tends to emphasize foreign policy issues. How Congress is Organized Every two years, a new Congress is seated. The first order of business is the election of leaders and adoption of new rules. Both houses of Congress are organized on the basis of party for both leadership and committee purposes. The House of Representatives The Speaker of the House The Speaker is the only House officer mentioned in the Constitution. The Speaker is elected at the beginning of each new session of Congress by the entire House. The Speaker and all committee chairs are members of the majority party in Congress (this is not a rule, but a political fact). Generally a Speaker serves until he/she leaves the House, chooses to step down, or if his/her party loses the majority. The Speaker presides over the House, oversees House business, is the official spokesperson for the House, and is second in line of presidential succession. The Speaker is expected to be a liaison with the president and promote his/her parties' legislation through the Congress. Other House Leaders Other House leaders are elected by their own parties in party caucuses. Majority leader-second most important person in the House Majority whip(s)-maintain contacts and rally support on the floor among the majority party Minority leader-leader of the minority party. Minority whip(s)-maintain contacts and rally support among minority party members. The Senate The presiding officer of the Senate, according to the Constitution, is the vice president of the United States. He is not a member of the Senate and can only vote in case of a tie. The official chair of the Senate is the president pro tempore who is selected by the majority party and presides in lieu of the vice president. It is primarily an honorific office with few duties and no power. The president pro tempore is usually the senior senator of the majority party. Usually junior senators actually preside over the Senate. The true power in the Senate is the majority leader who is elected by the majority party. The Senate also has a minority leader and whips for both parties. The Role of Political Parties in Organizing Congress Parties are not mentioned in the Constitution but parties rapidly developed along the cleavages left over from the ratification debates. At the beginning of each new Congress, each party gathers in its caucus or conference to nominate and elect officers, review committee assignments, discuss policy and more. The Committee System Most of the work of Congress takes place in committees. Committees are controlled by the majority party and often set the congressional agenda. They are highly specialized and have staffs of their own. Most committees also have subcommittees that are even more specialized. Most bills die in committee. Fewer than 10 percent of the over 8,000 bills considered in any Congress proceed beyond the committee stage. Committees can have a lot of power in the legislative process. Committee chairs can refuse consideration of a bill and refuse to let it go to the floor if they so choose. Bills can be forced out of committee through a discharge petition signed by a majority (218) of the House-but this is rarely done. Types of Committees There are four types of committees:
Standing-permanent committees. Proposed bills are referred to committees, fewer than 10 percent of bills are reported out to the floor.
Joint-includes members from both houses
Conference-special kind of joint committee that reconciles the House and Senate versions of a bill. A bill must pass both houses in identical form to become a law.
Ad hoc, special, or select-temporary committees for specific purposes. They often conduct special investigations or studies.
Committee Membership Why does a member of Congress seek a particular committee?
interest or expertise in the area
the subject matter will help them get reelected
access to pork barrel (allows them to bring home the bacon to the district)
power and influence within Congress
attract campaign funds
support and defend interests vital to the district or state
Representatives and senators are placed on committees by their party's selection committee. They get a chance to express a preference, but not all requests are granted. And someone must serve on the "bad" committees-like Ethics or the District of Columbia governance committee. Committee membership generally reflects the balance of parties in the chamber. On "critical" committees, the majority party often gets a disproportionate share of seats. The Senate has 16 standing committees and 68 subcommittees. In general, the membership of committees in the Senate more accurately reflects the partisan split in the chamber than committee membership in the House. The House has a unique committee, the Rules Committee, in which majority party members are appointed directly by the Speaker. This committee reviews all bills before they go to the full chamber and determines the rule under which each bill will be considered and the date on which it will be heard. It can also specify whether and what kind of amendments might be allowed. Bills considered under a "closed rule" cannot be amended. Senators hold more committee assignments than House members. Senators, therefore, tend to be generalists whereas House members develop more in-depth specialties. The House tends, as a body, to defer to its committees and their decisions. The Senate is a more individualistic body and Senators tend to look at committee decisions as recommendations to be discussed at great length and changed. Committee Chairs Chairs choose when and if the committee will consider any given bill. They can convene meetings when opponents are absent and adjourn meetings when things are going badly. Chairs have a lot of power including control of staff budgets and influence over the life and death of bills. The power of committee chairs in the House has decreased in recent years due to reforms implemented in 1995. House committees prevent chairs from serving for more than six years (three terms) and chairs can no longer serve as their own subcommittee chairs. In addition, House chairs are no longer selected by seniority as they are in the Senate. The Members of Congress Members of Congress have two constituencies: -party leaders, colleagues, and lobbyists in Washington, D.C. -constituents at home in their state or district This fact helps to make the average member of Congress's day incredibly busy and hectic. Members must raise money for their campaigns, perform party tasks, go to committee hearings, vote on the floor of the House or Senate (often many times in one day), do radio or TV interviews, meet with colleagues or the leadership, go to receptions, meet constituents, and more. Often they are on the go from early morning to late evening while they are in D.C. At home, the schedule is quite similar and also very hectic. Most House members spend a considerable amount of time in their district, since they are constantly raising money and running for reelection. Keeping in touch with one's constituents is a key to success and reelection. Time in district is important. But so is casework. Congressional staff usually handle casework-solving constituent's problems dealing with the bureaucracy. Veterans who need help getting benefits, late Social Security checks, passport problems, student loan concerns, and many other problems keep congressional staff very busy. Running for Office and Staying in Office Most members of Congress belong to one of the two major parties, and the ability to raise money is key to winning and holding office. Incumbency is a significant advantage in elections. Incumbents enjoy name recognition, access to media, and fundraising advantages, as well as the franking privilege in Congress (free mailings to constituents). Many have provided tangible benefits to their districts-pork barreling. Casework wins loyalty for incumbent members. Experience at running a campaign and making speeches is very helpful. Over 95 percent of incumbents win reelection. Theories of Representation There are a number of ways in which an elected official can represent his/her constituents. The book presents three theories of representation:
Trustee-representatives use their own best judgment
Delegate-representatives vote the way their constituents want them to
Politico-representatives act as trustee or delegate depending on the issue
The question of representation is very complex. Can a man represent a woman? Can a white person adequately represent the views of a black person? There are many such questions and no easy answers. Obviously, people bring to D.C. their beliefs, culture, and experiences so diversity in Congress should lead to differences over time in legislation. But it is unclear exactly what the effects are. How Members Make Decisions Party Constituents Colleagues and Caucuses Interest Groups, Lobbyists, and Political Action Committees Staff and Support Agencies. The Law-making Function of Congress How a Bill Becomes a Law: The Textbook Version 1) Bill is introduced by a member and often sponsored by a list of members. 2) Clerk of the chamber numbers it (HR 1 or S 1) 3) Bill is printed, distributed, and sent to the appropriate committee or committees (in the House, bills are referred to committee by the Speaker) 4) COMMITTEE-sends it to subcommittee or chair can kill it 5) SUBCOMMITTEE HEARINGS-or bill can die here. Bill is discussed and revised and the subcommittee votes 6) COMMITTEE-once subcommittee approves, bill goes back to full committee which votes. If passed, referred to floor 7) FLOOR-in the House a bill must go through Rules Committee and it is put on the calendar with floor debate limits. House can choose to act as a Committee of the Whole and deliberate or simply vote. If bill survives, it goes to the other house of Congress and goes through the same process of committees and floor consideration. In the Senate, several differences occur. Bills can be stopped by filibuster or hold. A filibuster is talking a bill to death (unlimited debate) and a hold is a tactic designed to keep the bill off the floor. A senator tells the leadership he/she has an objection to the bill. Since they could filibuster, a hold usually keeps a bill from being considered in the Senate. A filibuster may be stopped by a cloture vote-16 senators must sign a motion for cloture then 60 senators must vote to end the debate. 8) OTHER CHAMBER 9) CONFERENCE COMMITTEE-a joint committee reconciles the two versions if possible 10) BACK TO BOTH HOUSES-for an up or down vote. No amendments or changes. 11) PRESIDENT-has 10 days to consider the bill a. Sign it and the bill becomes a law. b. Veto it. Congress may override with 2/3rds of both houses. c. Wait 10 days and if Congress remains in session, bill becomes a law without his signature d. Wait 10 days and if Congress adjourns-a pocket veto. The bill is vetoed without a signature Congress and the President Especially since the 1930s, the president has often seemed to be more powerful than Congress. In some cases, Congress has handed power to the president. But Congress retains several key powers vis-ˆ-vis the president: funding powers, oversight, and impeachment/removal. The Shifting Balance of Power In the early years of the republic, Congress seemed the most powerful branch. During the Civil War, the executive took many powers and became larger and wielded powers previously unheard of. Following the Civil War, Congress took back some of the president's authority. These shifts have continued throughout our history. In recent years, the presidency has been quite powerful particularly since FDR. Congress generally responds to executive branch legislative proposals. The president actively courts members of Congress to vote his way. Congressional Oversight of the Executive Branch Congress has the power to review the actions of the executive branch, and they seem to be doing it more often lately. In the 1990s- Whitewater, campaign finance, FBI conduct in Waco, and IRS abuses among others. There are often complaints, especially during times of divided government, that many of these reviews are politically motivated-however oversight is critical to see if the bureaucracy is enforcing and interpreting laws the way Congress intended. Foreign Affairs Oversight The Constitution divides foreign policy powers between the president and Congress. The president can wage war and negotiate treaties whereas Congress declares war and the Senate ratifies treaties. During the twentieth century, the president has become preeminent in foreign affairs. This is due, in part, to the advent of nuclear weapons and the nature of the crises we have experienced as a nation. Quick decision making and secrecy are essential, and 535 members of Congress are poor at both tasks. Congress attempted to reassert itself in foreign policy through the War Powers Act in 1973. In 2001, when Congress passed a joint resolution authorizing the president to act against terrorism, it formally waived the 60-day waiting period (thus expressing Congressional interest in the validity of the War Powers Act). Confirmation of Presidential Appointments The Senate confirms key presidential appointees including key members of the executive branch and federal courts. Historically, the Senate has generally confirmed presidential nominees but this seems to be changing. President Clinton's nominees met an highly hostile Senate and many of his Cabinet appointees failed and his judicial nominees became hopelessly stalled. George W. Bush has had an easier road with Cabinet appointees, though John Ashcroft was highly controversial. His judicial appointees suffered in the democratically controlled Senate of the 107th Congress, but the 108th is controlled by the Republicans and they will most likely move more quickly on the nominations. Impeachment and Removal Impeachment and removal are the ultimate congressional oversight of the president and federal court judges. The Constitution is quite vague about what constitutes an impeachable offense citing only bribery, treason, and high crimes and misdemeanors. Most scholars and pundits believe that impeachment was only to be used for significant abuses of power. Since impeachment and removal are used so rarely, there aren't many hard and fast rules. There are a number of stages mentioned in the book. The most important thing to remember is that impeachment, which is an inquiry or investigation followed by an indictment, occurs in the House and the removal, which is a trial, occurs in the Senate. A 2/3rds vote in the Senate is necessary to remove an official from office. Congress and the Judiciary Judicial review is a powerful check on the legislative powers of Congress. Members need to be cognizant of the Court's perspective when making laws and Congress does not usually want to pass laws that are obviously unconstitutional. However, sometimes they do. An example is a 2004 bill passed just prior to the election regarding partial birth abortion. The law was a political statement in advance of the election, and everyone voting for it knew the Court would invalidate it.
Article I creates the legislative branch of government.
Congress is a bicameral institution.
The upper house is called the Senate in which each state receives two representatives,
and the lower house is called the House of Representatives that is apportioned by population.
The formal requirements for membership are:
Senate
- 30 years old
- nine years a U.S. resident
- legal resident of their state
House of Representatives- 25 years old
- seven years a U.S. resident
- legal resident of their state
The Senate has a six-year term with 1/3 of the seats up for reelection every two years,and the House has a two-year term.
Originally, senators were chosen by state legislatures.
The Seventeenth Amendment in 1913 provided for the direct election of senators.
So the Senate was designed to represent state interests
and the House the interests of the people.
The Senate has longer terms to allow them to address weighty issues that may not appeal to the public such as foreign affairs.
They were also to be chosen indirectly to insure that statesmen and not politicians served in the Senate.
The House members represent districts within states, and therefore are closer to the people. Since they are up for election every two years, they are considered to be more responsive to the people as well.
Apportionment and Redistricting
The Constitution requires that all Americans be counted every ten years by a census.
The census would then determine the representation in the House of Representatives.
Since the Constitution requires the House to be based on population, a fixed number of seats demands that after each census the House seats be redistributed as populations shift-this is called redistricting or reapportionment.
When the process is outrageously political, it is called gerrymandering and is often struck down by the courts.
Constitutional Powers of Congress
The most important constitutional power of Congress is the power to make laws. This power is shared by the House and the Senate. In order to become a law, a bill must be passed by both the House and the Senate.
The powers of Congress are set out in Article I, section 8:
· law-making
· lay and collect taxes and duties
· declaration of war
· raise an army and navy
· coin money
· regulate commerce with foreign nations and among the states
· establish federal courts and their jurisdiction
· establish bankruptcy rules
· establish rules of immigration and naturalization
· issue patents and copyrights
· borrow money
· define and punish piracy
· provide for a militia
· exercise power over the District of Columbia
· override a presidential veto with 2/3rds vote of both houses
· make all laws "necessary and proper" to carrying out the foregoing powers
\
This last clause is also referred to as the Elastic Clause. It allows Congress's powers to be expanded beyond the enumerated list. The Supreme Court has often interpreted the necessary and proper clause quite broadly, though in recent years decisions seem to be leaning toward restricting broad federal grants of power.
The House has 435 members and all money bills must originate, and the impeachment of executive and judicial officials must occur, in the House.
Impeachment is charging the president, vice president, other civil officer, or judge with "treason, bribery, or other high crimes and misdemeanors."
The Senate has 100 members.
It tries impeachment cases and can remove officials with a 2/3rds vote.
The Senate also provides advice and consent on presidential appointments and treaties with a 2/3rds vote.
The House and Senate operate differently as well.
The House, being a much larger body, tends to be more formal, centralized, and has stronger leadership.
The Rules Committee exists only in the House and exercises substantial control over time and rules of debate in conjunction with the Speaker.
The House is impersonal, more partisan, and its members are highly specialized.
The Senate is less centralized, less formal, and has weaker leadership.
The Senate has the possibility of filibustering-talking a bill to death-that can only be limited through a cloture vote.
Debate in the Senate can also be limited by unanimous consent.
The Senate is more personal and Senators tend to be generalists.
Whereas the House emphasizes tax and revenue policy,
the Senate tends to emphasize foreign policy issues.
How Congress is Organized
Every two years, a new Congress is seated. The first order of business is the election of leaders and adoption of new rules. Both houses of Congress are organized on the basis of party for both leadership and committee purposes.
The House of Representatives
The Speaker of the House
The Speaker is the only House officer mentioned in the Constitution.
The Speaker is elected at the beginning of each new session of Congress by the entire House.
The Speaker and all committee chairs are members of the majority party in Congress (this is not a rule, but a political fact).
Generally a Speaker serves until he/she leaves the House, chooses to step down, or if his/her party loses the majority.
The Speaker presides over the House, oversees House business, is the official spokesperson for the House, and is second in line of presidential succession.
The Speaker is expected to be a liaison with the president and promote his/her parties' legislation through the Congress.
Other House Leaders
Other House leaders are elected by their own parties in party caucuses.
Majority leader-second most important person in the House
Majority whip(s)-maintain contacts and rally support on the floor among the majority party
Minority leader-leader of the minority party.
Minority whip(s)-maintain contacts and rally support among minority party members.
The Senate
The presiding officer of the Senate, according to the Constitution, is the vice president of the United States.
He is not a member of the Senate and can only vote in case of a tie.
The official chair of the Senate is the president pro tempore who is selected by the majority party and presides in lieu of the vice president.
It is primarily an honorific office with few duties and no power.
The president pro tempore is usually the senior senator of the majority party.
Usually junior senators actually preside over the Senate.
The true power in the Senate is the majority leader who is elected by the majority party.
The Senate also has a minority leader and whips for both parties.
The Role of Political Parties in Organizing Congress
Parties are not mentioned in the Constitution but parties rapidly developed along the cleavages left over from the ratification debates.
At the beginning of each new Congress, each party gathers in its caucus or conference to nominate and elect officers, review committee assignments, discuss policy and more.
The Committee System
Most of the work of Congress takes place in committees.
Committees are controlled by the majority party and often set the congressional agenda.
They are highly specialized and have staffs of their own.
Most committees also have subcommittees that are even more specialized.
Most bills die in committee.
Fewer than 10 percent of the over 8,000 bills considered in any Congress proceed beyond the committee stage.
Committees can have a lot of power in the legislative process.
Committee chairs can refuse consideration of a bill and refuse to let it go to the floor if they so choose.
Bills can be forced out of committee through a discharge petition signed by a majority (218) of the House-but this is rarely done.
Types of Committees
There are four types of committees:
- Standing-permanent committees. Proposed bills are referred to committees, fewer than 10 percent of bills are reported out to the floor.
- Joint-includes members from both houses
- Conference-special kind of joint committee that reconciles the House and Senate versions of a bill. A bill must pass both houses in identical form to become a law.
- Ad hoc, special, or select-temporary committees for specific purposes. They often conduct special investigations or studies.
Committee MembershipWhy does a member of Congress seek a particular committee?
- interest or expertise in the area
- the subject matter will help them get reelected
- access to pork barrel (allows them to bring home the bacon to the district)
- power and influence within Congress
- attract campaign funds
- support and defend interests vital to the district or state
Representatives and senators are placed on committees by their party's selection committee. They get a chance to express a preference, but not all requests are granted. And someone must serve on the "bad" committees-like Ethics or the District of Columbia governance committee.Committee membership generally reflects the balance of parties in the chamber.
On "critical" committees, the majority party often gets a disproportionate share of seats.
The Senate has 16 standing committees and 68 subcommittees.
In general, the membership of committees in the Senate more accurately reflects the partisan split in the chamber than committee membership in the House.
The House has a unique committee, the Rules Committee, in which majority party members are appointed directly by the Speaker.
This committee reviews all bills before they go to the full chamber and determines the rule under which each bill will be considered and the date on which it will be heard.
It can also specify whether and what kind of amendments might be allowed.
Bills considered under a "closed rule" cannot be amended.
Senators hold more committee assignments than House members. Senators, therefore, tend to be generalists whereas House members develop more in-depth specialties. The House tends, as a body, to defer to its committees and their decisions. The Senate is a more individualistic body and Senators tend to look at committee decisions as recommendations to be discussed at great length and changed.
Committee Chairs
Chairs choose when and if the committee will consider any given bill.
They can convene meetings when opponents are absent and adjourn meetings when things are going badly.
Chairs have a lot of power including control of staff budgets and influence over the life and death of bills.
The power of committee chairs in the House has decreased in recent years due to reforms implemented in 1995.
House committees prevent chairs from serving for more than six years (three terms) and chairs can no longer serve as their own subcommittee chairs.
In addition, House chairs are no longer selected by seniority as they are in the Senate.
The Members of Congress
Members of Congress have two constituencies:
-party leaders, colleagues, and lobbyists in Washington, D.C.
-constituents at home in their state or district
This fact helps to make the average member of Congress's day incredibly busy and hectic. Members must raise money for their campaigns, perform party tasks, go to committee hearings, vote on the floor of the House or Senate (often many times in one day), do radio or TV interviews, meet with colleagues or the leadership, go to receptions, meet constituents, and more. Often they are on the go from early morning to late evening while they are in D.C. At home, the schedule is quite similar and also very hectic. Most House members spend a considerable amount of time in their district, since they are constantly raising money and running for reelection.
Keeping in touch with one's constituents is a key to success and reelection. Time in district is important. But so is casework. Congressional staff usually handle casework-solving constituent's problems dealing with the bureaucracy. Veterans who need help getting benefits, late Social Security checks, passport problems, student loan concerns, and many other problems keep congressional staff very busy.
Running for Office and Staying in Office
Most members of Congress belong to one of the two major parties, and the ability to raise money is key to winning and holding office. Incumbency is a significant advantage in elections. Incumbents enjoy name recognition, access to media, and fundraising advantages, as well as the franking privilege in Congress (free mailings to constituents). Many have provided tangible benefits to their districts-pork barreling. Casework wins loyalty for incumbent members. Experience at running a campaign and making speeches is very helpful. Over 95 percent of incumbents win reelection.
Theories of Representation
There are a number of ways in which an elected official can represent his/her constituents. The book presents three theories of representation:
- Trustee-representatives use their own best judgment
- Delegate-representatives vote the way their constituents want them to
- Politico-representatives act as trustee or delegate depending on the issue
The question of representation is very complex. Can a man represent a woman? Can a white person adequately represent the views of a black person? There are many such questions and no easy answers. Obviously, people bring to D.C. their beliefs, culture, and experiences so diversity in Congress should lead to differences over time in legislation. But it is unclear exactly what the effects are.How Members Make Decisions
Party
Constituents
Colleagues and Caucuses
Interest Groups, Lobbyists, and Political Action Committees
Staff and Support Agencies.
The Law-making Function of Congress
How a Bill Becomes a Law: The Textbook Version
1) Bill is introduced by a member and often sponsored by a list of members.
2) Clerk of the chamber numbers it (HR 1 or S 1)
3) Bill is printed, distributed, and sent to the appropriate committee or committees (in the House, bills are referred to committee by the Speaker)
4) COMMITTEE-sends it to subcommittee or chair can kill it
5) SUBCOMMITTEE HEARINGS-or bill can die here. Bill is discussed and revised and the subcommittee votes
6) COMMITTEE-once subcommittee approves, bill goes back to full committee which votes. If passed, referred to floor
7) FLOOR-in the House a bill must go through Rules Committee and it is put on the calendar with floor debate limits. House can choose to act as a Committee of the Whole and deliberate or simply vote. If bill survives, it goes to the other house of Congress and goes through the same process of committees and floor consideration. In the Senate, several differences occur. Bills can be stopped by filibuster or hold. A filibuster is talking a bill to death (unlimited debate) and a hold is a tactic designed to keep the bill off the floor. A senator tells the leadership he/she has an objection to the bill. Since they could filibuster, a hold usually keeps a bill from being considered in the Senate. A filibuster may be stopped by a cloture vote-16 senators must sign a motion for cloture then 60 senators must vote to end the debate.
8) OTHER CHAMBER
9) CONFERENCE COMMITTEE-a joint committee reconciles the two versions if possible
10) BACK TO BOTH HOUSES-for an up or down vote. No amendments or changes.
11) PRESIDENT-has 10 days to consider the bill
a. Sign it and the bill becomes a law.
b. Veto it. Congress may override with 2/3rds of both houses.
c. Wait 10 days and if Congress remains in session, bill becomes a law without his signature
d. Wait 10 days and if Congress adjourns-a pocket veto. The bill is vetoed without a signature
Congress and the President
Especially since the 1930s, the president has often seemed to be more powerful than Congress. In some cases, Congress has handed power to the president. But Congress retains several key powers vis-ˆ-vis the president: funding powers, oversight, and impeachment/removal.
The Shifting Balance of Power
In the early years of the republic, Congress seemed the most powerful branch. During the Civil War, the executive took many powers and became larger and wielded powers previously unheard of. Following the Civil War, Congress took back some of the president's authority. These shifts have continued throughout our history.
In recent years, the presidency has been quite powerful particularly since FDR.
Congress generally responds to executive branch legislative proposals.
The president actively courts members of Congress to vote his way.
Congressional Oversight of the Executive Branch
Congress has the power to review the actions of the executive branch, and they seem to be doing it more often lately.
In the 1990s- Whitewater, campaign finance, FBI conduct in Waco, and IRS abuses among others. There are often complaints, especially during times of divided government, that many of these reviews are politically motivated-however oversight is critical to see if the bureaucracy is enforcing and interpreting laws the way Congress intended.
Foreign Affairs Oversight
The Constitution divides foreign policy powers between the president and Congress.
The president can wage war and negotiate treaties whereas Congress declares war and the Senate ratifies treaties.
During the twentieth century, the president has become preeminent in foreign affairs.
This is due, in part, to the advent of nuclear weapons and the nature of the crises we have experienced as a nation.
Quick decision making and secrecy are essential, and 535 members of Congress are poor at both tasks.
Congress attempted to reassert itself in foreign policy through the War Powers Act in 1973.
In 2001, when Congress passed a joint resolution authorizing the president to act against terrorism, it formally waived the 60-day waiting period (thus expressing Congressional interest in the validity of the War Powers Act).
Confirmation of Presidential Appointments
The Senate confirms key presidential appointees including key members of the executive branch and federal courts. Historically, the Senate has generally confirmed presidential nominees but this seems to be changing. President Clinton's nominees met an highly hostile Senate and many of his Cabinet appointees failed and his judicial nominees became hopelessly stalled. George W. Bush has had an easier road with Cabinet appointees, though John Ashcroft was highly controversial. His judicial appointees suffered in the democratically controlled Senate of the 107th Congress, but the 108th is controlled by the Republicans and they will most likely move more quickly on the nominations.
Impeachment and Removal
Impeachment and removal are the ultimate congressional oversight of the president and federal court judges. The Constitution is quite vague about what constitutes an impeachable offense citing only bribery, treason, and high crimes and misdemeanors. Most scholars and pundits believe that impeachment was only to be used for significant abuses of power.
Since impeachment and removal are used so rarely, there aren't many hard and fast rules. There are a number of stages mentioned in the book. The most important thing to remember is that impeachment, which is an inquiry or investigation followed by an indictment, occurs in the House and the removal, which is a trial, occurs in the Senate. A 2/3rds vote in the Senate is necessary to remove an official from office.
Congress and the Judiciary
Judicial review is a powerful check on the legislative powers of Congress. Members need to be cognizant of the Court's perspective when making laws and Congress does not usually want to pass laws that are obviously unconstitutional. However, sometimes they do. An example is a 2004 bill passed just prior to the election regarding partial birth abortion. The law was a political statement in advance of the election, and everyone voting for it knew the Court would invalidate it.