THE LEGISLATIVE BRANCH GUIDED READING ACTIVITY ANSWERS

Textbook pages 268 – 341 summarizing the Congress

POWERS VESTED IN THE US CONGRESS…“All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives…”

- Article I, Section I

The House of Representatives

The Senate

THE HOUSE OF REPRESENTATIVES435 Members today, and reapportionment distributes representation equally among the states.

2-year terms for all members of the House of Representatives.

The terms in office are unlimited!

REQUIREMENTS TO HOLD OFFICE IN THE UNITED STATES HOUSE OF REPRESENTATIVES Representatives must be 25 years of age.

Representatives must have been a resident of the United States for at least 7 years.

Representatives must be a resident of the state which they represent – although not necessarily a resident of the district they represent. That’s just customary.

REAPPORTIONMENT

Every ten years, the United States conducts a census. The House of Representatives, you will recall, has proportional representation. States with more residents get more representation.

Each decade, when the Census Bureau completes its work, states are assigned a number of representatives which reflects their portion of the US population. The number of seats a state gets changes each decade, and the states must redistrict their territory accordingly.

GERRYMANDERING

Gerrymandering is a term which was coined to celebrate the peculiar district of Elbridge Gerry, of Massachusetts. The peculiar congressional districts which are drawn up every decade are often patched together in order to favor incumbent politicians.

Gerrymandering is not at all a complimentary term. The practice is considered undemocratic.

WESBERRY V. SANDERS (1964) This Supreme Court ruling in 1964 stated that the Constitution demands that in every state, congressional districts should be of substantially equal populations.

Previously, certain political parties which had strong followings in rural districts simply created huge districts of rural populations and crowded all urban dwellers into one or two smaller districts.

In terms of geographic space, it may have looked right; however, the districts were not representative of states’ populations at all.

FACTS ABOUT UNITED STATES SENATORS There are exactly 100 senators today – two for each state in the Union.

Senators serve a six-year term in office.

One third of the Senate is elected every two years. This allows the Senate as a whole to always maintain a veteran majority of leaders with experience

QUALIFICATIONS TO SERVE AS US SENATOR All US Senators must be thirty (30) years of age.

All US Senators must have been residents of the United States of at least nine years.

All US Senators must be inhabitants of the state in which they run for office.

GIBBONS V. OGDEN (1824)

This 1824 Supreme Court decision affirmed the right of Congress to regulate all interstate commerce. The case had to do with a state license issued by New York which granted a monopoly to a steam boat operator on their waterways.

The US Supreme Court ruled that only Congress could regulate trade in such a fashion, and since Congress was not in the business of granting monopolies to steamboat companies – or any other businesses for that matter – there should be no such licenses issued.

The bottom line: Congress had the power to regulate interstate commerce. The states had no such authority!

CONGRESS’ POWER TO TAX

Congress has the power to “lay and collect Taxes, Duties, imposts, and excises to pay debts and provide for the common defense and general welfare of the United States” - Article I, Section 8, Clause 1

THE 16TH AMENDMENT TO THE CONSTITUTION

CONGRESS’ POWERS OVER WARFARE Congress has the power to declare war – not the President. Unfortunately, the Congress has more or less ceded this right to the President since World War II and the advent of the atomic bomb.

Nevertheless, only Congress has the power to raise an army, to pay the soldiers, and to provide for all the needs of that army.

Congress provides and maintains the Navy.

Does the President have the power to make war without the Congress’ permission. The Constitution says “no,” but history says “yes.”

The War Powers Act at least requires the President explain his actions immediately and gives him 60 days to end the conflict. In the mean time, Congress will either agree to a longer commitment of US Forces or end the commitment.

THE NECESSARY AND PROPER CLAUSE Congress has the power to –

“Make all laws which shall be necessary and proper for carrying into Execution the foregoing powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department of Officer thereof.”

- Article I, Section 8, Clause 18

This allows the Congress to make substantial laws – whatever is necessary and proper – whatever that means!

NON-LEGISLATIVE POWERS

1. Electoral Duties of the Congress

2. Impeachment

3. Executive Powers of the Congress

4. The Power to Investigate

5. Amendments

CONGRESS’ ELECTORAL DUTIES 1. Congress may be called upon to elect the President if no

candidate wins the Electoral College vote.

2. The Senate may choose a Vice President under similar circumstances.

3. House members are on the list of Presidential successors.

4. When resignations occur, Congress must approve successors to fill vacancies.

IMPEACHMENTS

The much hated Andrew Johnson was impeached by Congress in the 1860s for violating a trumped up charge: breaking the Office of Tenure Act.

He was put on trial by the Congress, but not removed from office.

IMPEACHMENTS: BILL CLINTON Bill Clinton was impeached towards the end of his second term in office for lying to Congress about his marital infidelities while he was President of the United States.

His affair with Monica Lewinsky was not the issue. The issue was lying to Congress.

Congress never came close to removing Clinton from office. If anything, he emerged from the proceedings more popular than ever.

RESIGNATION: NIXON

Richard Nixon was the President who actually committed a crime while in office, and he wasn’t impeached at all.

Nixon didn’t give Congress time to impeach him. He would have been impeached – and definitely would have been removed from office as well.

But in 1974, Nixon simply saved us all the trouble by resigning from office.

EXECUTIVE POWERS OF THE CONGRESS Remember, the President is the leader of the executive branch… The Senate, though, has a couple of executive powers over the President.

1. The Senate gets to confirm any major appointments to the President’s Cabinet or to the Supreme Court… In general, Cabinet Appointments of the President are affirmed; however nominations to the Supreme Court receive much more oversight from the Congress.

2. The Senate must ratify treaties which the President negotiates. Think this isn’t important. Ask President Woodrow Wilson, whose 14-Point Plan and Treaty of Versailles was never ratified!

CONGRESS’ POWERS OF INVESTIGATION Congress can subpoena witnesses to investigate matters as is sees fit. Usually this is to gather information for laws, but it may also be to oversee the operations of other branches of the government, to focus public attention on certain issues, or to expose the behavior of certain public officials to the people.

The House Un-American Activities Committee

The Investigation into Watergate

The Investigation into the Iran-Contra Affair

Anti-Trust Issues

STANDING COMMITTEES IN THE HOUSE OF REPRESENTATIVES 1. Armed Services Committee

2. Foreign Affairs Committee

3. Veterans Affairs Committee

4. Energy and Commerce Committee

5. Homeland Security

STANDING COMMITTEES OF THE US SENATE1. Armed Services Committee

2. Budget Committee

3. Finance Committee

4. Foreign Relations Committee

5. Health, Education, Labor, and Pensions Committee