CONGRESS IN ACTION

EXPULSION OF MEMBERS OF CONGRESS“EACH HOUSE MAY DETERMINE THE RULES OF ITS PROCEEDINGS, PUNISH ITS MEMBERS FOR

DISORDERLY BEHAVIOUR, AND, WITH THE CONCURRENCE OF TWO THIRDS, EXPEL A MEMBER.”

• Expulsions• Requires vote of 2/3 of

members present• Has been used cautiously• Senate – 15 members (14

during Civil War)• House of Representatives –

5 members (3 during Civil War)

• Standing committees on ethics• Senate – 1964• House of Representatives

– 1967

• Disciplinary action is recommended and voted on by whole of House or Senate• Options: Censure,

Expulsion, Reprimand (House)

• Censure• Formal statement of

disapproval• Condemned/Denounced for

actions that have resulted in dishonor being brought on position

POWERS OF CONGRESS

STRICT CONSTRUCTIONIST

• Led by Thomas Jefferson

• Congress should be able exercise only• expressed powers• implied powers that are

absolutely necessary

Best government is one which governs least

LIBERAL CONSTRUCTIONIST

• Led by Alexander Hamilton

• Country needs an “energetic government”

• What factors have led to an expansion of government power through the use of a liberal constructionist view?

• Wars• Economic Crises• National emergencies

CONGRESS HAS THE POWER TO:

• Lay and Collect Taxes (“power of the purse”)• Purposes:• Pay debts• Provide for the common defense and general welfare

• Borrow Money• Issuing of Bonds

• Regulate Commerce with foreign Nations, and among the several states, and with the Indian tribes• All movement of people and things across state lines• Includes communication

• Pass environmental protections or consumer protections

CONGRESS HAS THE POWER TO:

• Establish Uniform Rule of Naturalization• Process of becoming a citizen

• Coin Money and Regulate its Value• What agency was created by Congress in order to regulate the

nation’s money supply?

• Establish Post Offices• Postal service pays no state taxes• Obstruction of postal service is federal crime

• Copyright and Patent Protection• Copyright – life of author + 70 years• Patent – 20 years

• Create Lower (Inferior) Courts and Set Jurisdictions/Duties

CONGRESS HAS THE POWER TO:

• War Powers• Declare War

• Raise and Support Armies

• Provide and Maintain a Navy

• Provide for Calling Forth of a Militia

• Make Laws “necessary and proper for carrying into Execution the foregoing Powers”• Elastic Clause• Enables Congress to also enact legislation necessary for

the carrying out of the powers of the other branches

CONGRESS HAS THE POWER TO:

HOUSE OF REPRESENTATIVES

• Initiate revenue bills

• Elect President in the case of electoral college tie

• Impeach federal officials

SENATE

• Confirm Presidential appointments• Majority vote required

• Ratifies treaties• 2/3 majority vote required

• Tries impeachment cases for federal officials

GERRYMANDERING

• Congressional districts drawn to the advantage of a political party• Party that controls the state legislature

• House districts are redrawn by state legislatures after a census-based reapportionment

• Origin:• Governor Gerry (Mass)• In 1812, drew legislative districts to favor

Democratic-Republicans

• Factors that affect redistricting• Age, Race, Economic status, Party

affiliation, Religion, etc.

THE LEGISLATIVE PROCESS

• Step 1:• INTRODUCTION OF BILL

• Anyone can write a bill• Only a member of Congress may introduce a bill

• House of Representatives• New bills are dropped in the “hopper”

• Senate• Bills are given to clerks to be introduced

THE LEGISLATIVE PROCESS

• Step 2:• BILL IN COMMITTEE

• Committees change with each new Congress• Senate

• 20 Standing Committees• 4 Select/Special Committees – study issues, conduct

oversight, investigate fraud or waste• Indian Affairs, Ethics, Intelligence, Aging

• 68 Subcommittees

• House of Representatives• 21 Standing Committees• 104 Subcommittees

http://www.senate.gov/pagelayout/committees/d_three_sections_with_teasers/committees_home.htm

http://house.gov/committees/

LEGISLATIVE PROCESS

• Step 2 cont’d:• Bill is first considered in a subcommittee• Accepted, Amended, or Rejected

• If moved forward, bill then goes to full committee• Accepted, Amended, or Rejected

• Committees and Subcommittees investigate merits and flaws of bills by:• Inviting experts, advocates, opponents

• Provide testimony• Can be subpoenaed

• Approval in full committee results in the bill being reported to floor of House or Senate

THE LEGISLATIVE PROCESS

• Step 3:• BILL ON THE FLOOR

• Majority leadership – decides when bill will go on calendar for consideration

• Debate Process:• House of Representatives

• Members get only a few minutes to speak• Amendments to the bill are limited

• Senate• Members can speak as long as they would like• Have ability to “filibuster” bills

• No limit on amendments

• Vote of simple majority needed to pass bill

THE LEGISLATIVE PROCESS

• Step 4:• BILL GOES TO OTHER HOUSE OF CONGRESS FOR APPROVAL

• Same process• Bill must pass both houses of Congress before it goes to President

for consideration

• Step 5:• CONFERENCE COMMITTEE• Consists of members from both houses

• Convened to bring bills into alignment• Produce a conference report – final version of bill• Each chamber votes again on conference report

• If approved, bill is signed by the Speaker of the House and the President of the Senate

• Bill is then sent to the President

THE LEGISLATIVE PROCESS

• Step 6:• PRESIDENTIAL CONSIDERATION

• President’s Options:1. Sign the bill into law

2. Veto the bill and send it back to Congress• Congress can override with 2/3 vote in both houses

3. Take NO action• IF CONGRESS IS IN SESSION - Bill becomes law in 10

days• IF CONGRESS IS NOT IN SESSION – Bill dies• Congress cannot override; Must start all over

COMMITTEES

• Standing Committee• Permanent committees that specialize in a

particular area of legislation• Most legislative work takes place within these

committees• Average number of members• Senate – 20 members; House – 40 members• Committee membership reflects party proportions

• Joint Committee• Made up of members of both House and Senate• Usually weaker than standing committees• More investigative in nature• Often lack authority to report legislation

COMMITTEES CONT’D

• Special/Select Committee• Temporary committee created for specific

purpose• Ex. - Watergate scandal

• Conference Committee• Also a temporary committee• Job is to work out differences between House

and Senate versions of a specific bill• Members are taken from both House and Senate• Individuals who were involved in committees and

subcommittees

BILLS AND RESOLUTIONS

• Bill - Proposed law

• Resolution (act or process of resolving)

• Deals with matter in one house of Congress• Ex. – new rule of procedure

• No force of law

• Joint Resolution• Proposal for action that has force of law• Usually for special circumstances or temporary matters (emergency)• Submitted just like a bill• Except for proposal of constitutional amendments

• Concurrent Resolution• Statement of position on issue (adopted by House and Senate)• For creation of joint committee• No force of law• Ex. - Congressional budget resolution; Adjournment of Congress

FILIBUSTER FACTS

• The filibuster is an attempt to…“talk a bill to death”

• Minority attempting to delay or prevent the Senate from acting (voting) on a measure

• Requirements:• Must stay standing• Must speak more or less

continuously• May yield the floor for a

question

• Longest:• Strom Thurmond - 1957• 24 hours, 18 minutes

• Alfonse D’Amato - 1986• 23 hours, 30 minutes

• Wayne Morse - 1953• 22 hours, 26 minutes

• Robert LaFollette - 1908• 18 hours, 23 minutes

• William Proxmire - 1981• 16 hours, 12 minutes

CLOTURE RULESENATE RULE XXII

• Cloture – limiting of debate• Rule established in 1917 after blockage of bill arming merchant

vessels

• Process:• Petition submitted at least 16 members• Support of at least 3/5 of entire Senate (60 members)• Once passed, no more than 30 hours of floor time may be

spent on measure

• Senators are hesitant in using rule• Dedication to free debate• They may want to use the filibuster in the future

QUORUM CALLS

• Another method of extending debate

• Quorum - # of senators needed to do business• Constitution requires a majority of senators for

a quorum

• Quorum call – call of roll to establish whether quorum exists

PASSAGE OF BILLS

• Bills usually deal with a single issue• “Riders” are attached• Provision unlikely to pass on its own

• A majority of bills introduced are “pigeonholed”• Put away and never acted upon – die in committee

• Any bill that has remained in committee for 30 days may be forced out by discharge petition• Motion must be signed by majority of House (218 members)

PASSAGE OF BILLS

• Types of Votes:• Voice vote • Presiding officer states question• Members vote “yea” or “nay”• Names not recorded

• Standing vote• All for and against stand to be

counted

• Roll call vote• Senator votes “yea” or “nay” as

his/her name is called by the clerk• Names of voters are recorded• Process has been computerized

• Actions of Representatives:• Partisans• First allegiance is to party• Follow wishes of party

leaders

• Trustees• Consider each issue

independently• “Call it as I see it”

• Delegates• Servants of those that

elected them