CONGRESS CHAPTER 5LEGISLATION BEGINS…

“CONGRESSPERSON” APPLIES TO ANY MEMBER OF CONGRESS

MEET: JAN. 3, LASTS FOR 2 YEARSSPLIT IN 2 SESSIONS, EACH FOR

1 YEARUSUALLY LEAVE FOR BREAK

NOV.

•MAKE-UP: 535 MEMBERS•100 SENATORS

•435 HOUSE OF REPRESENTATIVES

REQUIREMENTS

• HOUSE OF REPS MEMBER

• 25 YEARS OLD

• RESIDENT OF STATE YOU REPRESENT

• CITIZEN OF US AND STATE FOR 7 YEARS PRIOR TO RUNNING FOR OFFICE

• SENATOR

• 30 YEARS OLD

• RESIDENT OF STATE YOU REP.

• CITIZEN OF US AND STATE FOR 9 YEARS PRIOR

NUMBERS…

•ORIGINALLY, 1 REP FOR EVERY 30,000 PEOPLE

• TODAY, 1 REP FOR EVERY 650,000 PEOPLE

• IF USING ORIGINAL FORMULA, WOULD BE 8,500 REPS

•435 APPORTIONED (DIVIDED) BY POPULATION

•DECIDED BY CENSUS (COUNT OF PEOPLE)

•DONE EVERY 10 YEARS

CHARACTERISTICS (TYPICAL) OF CONGRESSPERSON

• WHITE, MIDDLE-CLASS, LAWYER, MALE

• HIGH % ARE INCUMBENTS (PREVIOUS OFFICE HOLDER)

• ABOUT 90% WIN RE-ELECTION

EXPERIENCE CAMPAIGNING

VOTER RELATIONSHIPS

$$ FROM PACS (POLITICAL ACTION COMMITTEE)

NAME RECOGNITION ON ELECTION DAY

DEMOGRAPHICS OF CONGRESS – 114TH

(2014-2015)

• HOUSE OF REPS:

• 248 REPUBLICANS

• 193 DEMOCRATS

• JOHN BOEHNER, SPEAKER OF THE HOUSE

• HOUSE LEADER

• SENATE:

• 54 REPUBLICANS

• 44 DEMOCRATS

• 2 INDEPENDENTS (VOTE DEM)

• MITCH MCCONNELL, SENATE LEADER

DEMOGRAPHICS, CON’T.

• AVERAGE AGE: 61 SENATE-57 IN HOUSE

• LARGE % COLLEGE EDUCATION

• MOST IDENTIFY AS CHRISTIAN; LARGE % CATHOLIC

• 81 WOMEN IN HOUSE – 20 IN SENATE

• 46 BLACKS IN HOUSE – 2 IN SENATE

• 38 HISPANICS IN HOUSE – 4 IN SENATE

• 12 ASIANS IN HOUSE – 1 IN SENATE

• 2 NATIVE AMERICANS IN HOUSE

DEMOGRAPHICS, CON’T.

• 2 MUSLIMS – HOUSE OF REPRESENTATIVES

• OLDEST SENATOR: DIANE FEINSTEIN, (CA) 81

• YOUNGEST SENATOR: TOM COTTON, (AR) 37

• 16 CONGRESS BORN OUTSIDE OF US

• 101 VETERANS (81-HOUSE, 20-SENATE)

POWERS OF CONGRESS• POWERS NOT SPECIFICALLY GIVEN TO FEDERAL

GOVERNMENT ARE DENIED TO IT.

• FIRST 17 CLAUSES OF CONSTITUTION ARE EXPRESSED (NUMBERED) POWERS

• CONGRESS MAY ALSO INTERPRET THE CLAUSE TO MAKE IT FIT WITHIN THE JOB (NECESSARY AND PROPER CLAUSE)

• THEY CAN DO WHATEVER IS NECESSARY TO GET JOB DONE

• HAS LED CONGRESS TO USE “IMPLIED” POWERS – (ELASTIC CLAUSE) TO STATE OTHER POWERS ARE DENIED

CONGRESSIONAL VIEWS

STRICT CONSTRUCTIONIST

• BELIEVES THAT ALL LAWS MUST FOLLOW CONSTITUTION

• DID NOT BELIEVE “NECESSARY AND PROPER” SHOULD EVER BE USED

LOOSE CONSTRUCTIONIST

• TAKES LIBERTY WITH “NECESSARY AND PROPER” CLAUSE TO ALLOW MORE CONGRESSIONAL ACTIONS

MCCULLOCH V. MARYLAND: 1819

JAMES MCCULLOCH

• WORKED, MANAGER OF 2ND NATIONAL BANK OF US IN BALTIMORE

• REFUSED TO CHARGE TAX TO BANK CUSTOMERS FOR MARYLAND

MARYLAND

• PASSED A TAX ON ALL BANK TRANSACTIONS

• TOLD J.M. TO COLLECT TAX FOR THEM

• THEY SUED J. M.

• MARYLAND WON LAWSUIT…BUT…

SUPREME COURT DECIDED…

• CHIEF JUSTICE JOHN MARSHALL

• SAID THE FEDERAL GOVERNMENT WAS THE “LARGER AUTHORITY”

• SAID MCCULLOUGH DID NOT HAVE TO COLLECT TAX FOR MARYLAND

• UPHELD THE PRINCIPLE OF “IMPLIED” POWERS

• ENLARGED THE POWER OF FEDERAL GOVERNMENT

• FEDERAL GOVERNMENT IS NOT SUBJECT TO ANY STATE

EXPRESSED POWERS OF CONGRESS (8)

• 1. FOREIGN POLICY**

• APPROVE TREATIES

• DECLARE WAR

• CREATE & MAINTAIN MILITARY

• REGULATE MILITARY (RULES)

• REGULATE FOREIGN COMMERCE

**CONGRESS HAS DECLARED WAR 6 TIMES

PRESIDENT HAS USED HIS POWER OF EMERGENCY USE OF FORCE +160 TIMES

KOREA/VIETNAM

WAR NEVER DECLARED FOR EITHER

POWERS, CON’T.

• 2. WAR POWERS ACT 1973

• PASSED BY CONGRESS (VETOED BY NIXON-CONGRESS OVERRODE HIM)

• FORBIDS PRESIDENT FROM SENDING TROOPS +60 DAYS WITHOUT CONGRESS APPROVAL

• PRESIDENTS HAVE PROTESTED THIS LAW

• TRIED TO HAVE IT REPEALED

POWERS, CON’T.

• 3. NATURALIZATION

• CONGRESS CONTROLS THE MANNER IN WHICH IMMIGRANTS BECOME CITIZENS

• 4. MANAGEMENT OF FEDERAL PROPERTIES

• CONGRESS DECIDES WHEN AND IF NEW TERRITORIES BECOME STATES

• CONTROLS ALL FEDERALLY OWNED LANDS

• MILITARY BASES, NATIONAL PARKS

• CONTROL ANY CHANGES TO THOSE LANDS

POWERS, CON’T.

• 5. COPYRIGHTS

• CONGRESS HAS EXCLUSIVE RIGHT TO DEFINE COPYRIGHT (ABILITY TO PUBLISH OR SELL ORIGINAL WORK)

• CONGRESS HAS SET 17 YEARS AS TIME YOUR ORIGINAL WORK PROTECTED

POWERS, CON’T.

• 6. PRESIDENTIAL SELECTION (IF NO MAJORITY IN ELECTORAL COLLEGE)

• HOUSE OF REPS WILL SELECT PRES

• SENATE WILL CHOOSE VICE-PRES

• ONLY 2 TIMES HAS THIS HAPPENED:

• 1800 HOUSE ELECTED THOMAS JEFFERSON OVER AARON BURR

• 1824 HOUSE ELECTED JOHN Q. ADAMS OVER ANDREW JACKSON

• (CORRUPT BARGAIN) – JACKSON SAID

6TH POWER, CON’T.

• 20TH AMENDMENT: GAVE CONGRESS POWER TO SETTLE ISSUES RELATED TO DEATH OF PRESIDENT

• 25TH AMENDMENT: GAVE CONGRESS AUTHORITY TO APPOINT VICE-PRES IF DIE IN OFFICE OR RESIGN**

• **HAPPENED 2 TIMES IN 1970’S

• SPIRO AGNEW

• RICHARD NIXON

POWERS, CON’T.

• 7. PRESIDENTIAL IMPEACHMENT

• IMPEACHMENT: POWER TO REMOVE AND FEDERAL OFFICIAL FROM OFFICE

• TRIAL; CHARGES BROUGHT BY HOUSE OF REPS

• TRIED BY SENATE

• 2/3 OF CONGRESSMEN MUST VOTE GUILTY FOR CONVICTION AND REMOVAL

• CHIEF JUSTICE OF SUPREME COURT PRESIDES

IMPEACHMENTS

• 2 PRESIDENTS ENDURED PROCESS:

• 1. ANDREW JOHNSON 1868

• NOT CONVICTED BY 1 VOTE

• 2. WILLIAM CLINTON 1999

• NOT CONVICTED

• ***RICHARD NIXON WOULD HAVE BEEN IMPEACHED, BUT RESIGNED

POWERS, CON’T.

• 8. CONFIRMATION POWER

• SENATE MUST CONFIRM ALL PRESIDENTIAL APPOINTEES FOR FEDERAL POSITIONS AND HIGH OFFICES

• CABINET

• MILITARY

• SUPREME COURT

CONGRESS HAS $$$ POWER TOO…

• 1. TAXING AND SPENDING

• EX. PERSONAL INCOME TAX

• DEATH TAX ON INHERITANCE

• NO GOV’T AGENCY CAN SPEND $$ WITHOUT CONGRESSIONAL OK

WAYS CONGRESS MANAGES $$

1. REVENUE BILLS

• MUST BEGIN IN HOUSE-MOVE TO SENATE

• MEANS LARGE STATES CANNOT IMPOSE HIGH TAX ON SMALL STATES OR VICE-VERSA

2. APPROPRIATIONS BILLS

• PROPOSED LAWS TO AUTHORIZE SPENDING $$

• USUALLY COMES FROM PRESIDENT’S PROPOSED BUDGET

$$$, CON’T.

3. REGULATORY POWER

• CONGRESS REQUIRES AGENCIES AND ENTITIES TO FOLLOW CERTAIN RULES FOR CONTINUED $$

4. SIN TAX

• CONGRESS TAXES BEHAVIORS

• ALCOHOL

• TOBACCO

• TO DISCOURAGE THEIR USE

$$$, CON’T.

• 5. REGULATION OF ECONOMY

• CONGRESS RAISE OR CUT $$ TO STIMULATE OR SLOW ECONOMY

• CAN GIVE TAXPAYERS MORE $$ TO SPEND IF THEY LOWER TAXES

• TO SLOW ECONOMY, CONGRESS RAISE TAXES

CONGRESS MAY BORROW $$$ FROM PEOPLE

(NATIONAL DEBT)

• TODAY’S NATIONAL DEBT IS $17 TRILLION

• HELPS PAY FOR COST OF RUNNING GOVERNMENT

• MOST COMMON FORM OF BORROW IS SELLING US BONDS (CHINA BUYS A LOT)

• SELL TREASURY NOTES ALSO ( LOAN TO GOVERNMENT WITH PROMISE OF REPAYMENT + INTEREST)

• GOVERNMENT BUYS T-NOTES BACK LATER

• USUALLY IN 3 MONTHS, COULD BE UP TO 30 YEARS

CONGRESS CONTROLS $$$• 1. COINS $$

• ONLY 1 AUTHORIZED TO PRINT $$ (MINT)

• MUST BE “LEGAL TENDER” – ACCEPTABLE ALL US STATES/TERRITORIES

• 2. PUNISHES COUNTERFEITERS

• SECRET SERVICE PUNISHES ANYONE WHO TRIES TO PRINT $$

• 3. REGULATES BANKRUPTCIES

• LEGAL PROCEEDING TO AVOID BILLS

• ALL CASES MUST BE HELD IN FEDERAL COURT

• OKLAHOMA HAS 2: MUSKOGEE AND LAWTON

CONGRESSIONAL OVERSIGHT• 4. OVERSIGHT: THE POWER TO OBSERVE AND CORRECT

BEHAVIOR OR ACTION

• CONGRESS HAS INVESTIGATED WRONGDOING WITHIN THE EXECUTIVE BRANCH: FROM BOTTOM TO THE TOP

• SUBPOENA: LEGAL ORDER COMMANDS SOMEONE TO APPEAR IN COURT

• ANYONE OVER 18 CAN SERVE SUBPOENA

• FAILURE TO APPEAR CAN GET YOU ARRESTED

• (BENCH WARRANT)

• YOU CAN GET JAIL OR FINED

RULES FOR SUBPOENA

• TRAVEL EXPENSES MUST BE PAID FOR WITNESS

• EITHER SIDE OF CASE MAY SUBPOENA A WITNESS

• RECORDS MAY BE REQUESTED ALSO

• CELL PHONES, BILLS, OR OTHER DOCUMENTS

• SUBPOENA DUCES TECUM

TESTIFY???

• GIVING SWORN TESTIMONY

• MUST ANSWER ALL QUESTIONS

• FACE OBSTRUCTION OF JUSTICE CHARGES

• MUST BE TRUTHFUL

• IF NOT, YOU CAN BE TRIED FOR PERJURY

• (LYING ON WITNESS STAND)

INVESTIGATIONS

• CONGRESS: Congress also looked at military for wrongdoing

1st investigation: 1792General Authur St. Clair lost 367 troops

Battle against Shawnee & Miami Indians in OhioWar dept. demanded to see records

Why lose???President Washington forced them to give info up

SCANDALS…

• 19TH CENTURY:

• 1. MILITARY ACTION IN CIVIL WAR

• 2. KKK VIOLENCE AFTER CIVIL WAR

• 3. PURCHASE OF ALASKA (SEWARD’S FOLLY)

• 4. BRIBERY & EXTORTION (RAILROAD CONSTRUCTION) – PAID TO CONGRESSIONAL MEMBERS

MORE SCANDALS…

• 1923: PRES. WARRAN G. HARDING’S • ALBERT FALL (PRISON) OVER ILLEGAL LAND DEAL/GAS & OIL $$$

• 1930’S: STOCK MARKET CRASH & DEPRESSION

• 1940’S -50’S: COLD WAR

• “RED SCARE”

• MCCARTHYISM

• HOUSE UNAMERICAN COMMITTEE (HUAC)

• MODERN DAY WITCH HUNT

CONGRESSIONAL COMMITTEES (4)

• 1. STANDING: PERMANENT GROUP TO OVERSEE BILLS

• 2. SELECT: TEMPORARY, TO STUDY ONE SPECIFIC ISSUE AND REPORT ON

• 3. JOINT: PERMANENT, BIPARTISAN (BOTH PARTIES) TO DISCUSS AND REPORT BACK TO HOUSE THEY REPRESENT

• 4. CONFERENCE: TEMPORARY, BIPARTISAN, TO DISCUSS AND REPORT WHEN BOTH HOUSES HAVE PASSED DIFFERENT VERSIONS OF SAME BILL

• SENATE VERSION IS CALLED “MARKED-UP”

• TO WORK ON COMPROMISE

CONGRESSIONAL STAFF (4 LEVELS)

• 1. PERSONAL: WORK DIRECTLY FOR CONGRESS-PERSON

• DUTIES VARY, # OF STAFF DEPENDS ON REP. POPULATION

• 2. COMMUNAL: WORKS FOR MANY CONGRESS-PEOPLE

• 3. ADMINISTRATIVE ASSISTANT: LEGISLATIVE AIDES• MANAGES OFFICE, SETS SCHEDULE

• 4. LEGISLATIVE ASSISTANT:

• KEEPS LEGISLATOR INFORMED ON ALL BILLS UPCOMING

• RESEARCH AND WRITE SPEECHES

CONGRESSIONAL AGENCIES (4)

• 1. LIBRARY OF CONGRESS

• 2. CONGRESSIONAL BUDGET OFFICE

• COORDINATE BUDGET-MAKING ARM OF CONGRESS

• STUDY PRESIDENT’S PROPOSED BUDGET (APPROVE/DENY)

• 3. GENERAL ACCOUNTING OFFICE:

• OVERSEE ALL CONGRESSIONAL SPENDING ($$$)

• MANAGE ALL FINANCIAL ASPECTS OF ALL GOVERNMENT PROGRAMS

4. GOVERNMENT PRINTING OFFICE

SENATE AT WORK

100 DESKS (SEMI-CIRCLE)

REPUBLICANS SIT ON RIGHT SIDE

DEMOCRATS SIT ON LEFT

SEPARATED BY WIDE AISLE

SENATE HAS MORE FLEXIBILITY IN RULES

SENATORS ARE ENCOURAGED TO INVESTIGATE ALL SIDES ON ANY

BILL PROPOSED

JOE BIDEN, VICE-PRESIDENT

PRESIDENT OF SENATE

DOESN’T VOTE IN SENATE UNLESS A TIE EXISTS

DOES NOT ENGAGE IN DEBATE

NOT ALWAYS PRESENT FOR SENATE MEETINGS, “PRESIDENT PRO-

TEMPORE” TAKES OVER FOR BIDEN WHEN NOT THERE

HARRY RIED, DEMOCRAT (NEVADA)

SENATE LEADER

(MAJORITY PARTY SELECTS)

PLANS THE WORK OF SENATE

SETS CALENDAR (2)

1. CALENDAR OF GENERAL ORDERS1. LISTING OF ALL BILLS SENATE WILL

HEAR

2. EXECUTIVE CALENDAR

SCHEDULE FOR ALL TREATIES AND PRES. NOMINATIONS TO HEAR

MITCH MCCONNELL, REPUBLICAN, (KENTUCKY)

MINORITY LEADER

PUTS TOGETHER ANY CRITICISM OF BILLS WRITTEN BY MEMBERS OF

MAJORITY PARTY

PROPOSES ALTERNATIVE BILLS

PATRICK LEAHY, DEMOCRAT (VERMONT)

PRESIDENT PRO-TEMPORE

SITS IN AS SENATE CHAIR WHEN BIDEN NOT THERE

CONGRESSIONAL FUN FACTS…

• REPRESENTATIVES MAKE $174,000 YEAR

• SPEAKER OF HOUSE: $223,500 : JOHN BOEHNER

• MAJORITY LEADERS (BOTH HOUSES) $193,400

• +SENATE LEADERSHIP TEAM

• FIRST FEMALE ELECTED TO CONGRESS: HATTIE CARAWAY, 1932

• FIRST FEMALE IN SENATE WAS REBECCA LATIMER FELTON, 1922 (FOR 1 DAY)

LEGISLATIVE MANEUVERS• WAYS TO BLOCK LEGISLATION: FILIBUSTER

• MOST FAMOUS JUNE 12, 1935: HUEY LONG (LA) 15 HOURS, 30 MINUTES

• READ/ANALYZED CONSTITUTION

• 1. FILIBUSTER:

• SENATORS DEFEAT A BILL BY TAKING FLOOR AND KEEP TALKING

• FOR 3 HOURS MUST TALK ABOUT BAD PARTS OF BILL, AFTER THAT CAN TALK ABOUT ANYTHING

• AUTHOR OF BILL MAY WITHDRAW IT, OR SENATE LEADER TAKES IT OFF CALENDAR

• FILIBUSTER CAN ONLY BE STOPPED BY INVOKING CLOTURE (VOTE OF SENATE)

• SPEAKER MUST STOP WITHIN 1 HOUR

PRESIDENT BARACK OBAMA

CONGRESS & PRESIDENT

RELATIONSHIP BUILT ON MUTUAL RESPECT, NOT ALWAYS ADMIRATION

PRESIDENT HAS AUTHORITY TO VETO LEGISLATION

CONGRESS HAS POWER TO OVER-RIDE PRESIDENT’S VETO

2/3 BOTH HOUSES OF CONGRESS MUST VOTE FOR OVER-RIDE

(1789-2004 ONLY HAPPENED 106/1,484 TIMES)

CONGRESS & PRESIDENT

• PRESIDENT:Within 10 day period, president may send unsigned bills back to congressCongress can rewrite, try again to get presidential signature…ORPresident can:“line-item veto”; cancel any part of a bill that he dislikes

DEATH OF BILL???

• WHILE CONGRESS IN SESSION, IF BILL UNSIGNED OR SENT BACK WITHIN 10 DAYS, IT BECOMES LAW

• AFTER CONGRESS ADJOURNS (CLOSES), PRESIDENT CAN SIMPLY REFUSE TO SIGN IT (POCKET VETO)

• BECAUSE THEY’RE NOT IN SESSION, THEY HAVE NO WAY TO OVER-RIDE HIS POCKET VETO

PRESIDENTS & CONGRESS• USE OF EMERGENCY POWERS,

• PRESIDENT HAS:

• “INHERENT POWERS” TO USE HERE AND ACROSS WORLD

• MOST COMMON FORM IS TO DECLARE STATE OF EMERGENCY

• CALL OUT AGENCY TO DEAL WITH

• FEMA (FEDERAL EMERGENCY MANAGEMENT AGENCY)

• DEPT OF ARMED FORCES (MILITARY INTERVENTION)

• PRES. LINCOLN USED INHERENT POWERS (CIVIL WAR)

• PRES. F. D. ROOSEVELT CLOSED ALL BANKS (DEPRESSION)

• PRES. TRUMAN NATIONALIZED ALL US STEEL MILLS

• PRES. NIXON TOOK US OFF GOLD STANDARD

• PRES. REAGAN STOPPED AIR-TRAFFIC CONTROLLERS STRIKE