Organization of Congress

Powers of Congress Enumerated Powers

Article I Section 8 Broad and General

“Provide for the common defense and general welfare”

Narrow and Specific “Punishment for counterfeiting”

List contains over 20 powers Lay and collect taxes Borrow money Establish a post office

Powers of Congress

Elastic Clause – Implied Powers Last paragraph in Section 8

“To make all laws which shall be necessary and proper for carrying into execution the foregoing powers”

McCulloch v Maryland 1819 Congress possess unenumerated powers Choose any means not prohibited by the

Constitution to achieve a constitutional end

Powers of Congress

Limitations – Article I Section 9 Basic rights of individuals

“mini” Bill of Rights Guarantees Habeas Corpus No Bill of Attainder No ex post facto law

Senate

Two from each state Six year terms

Three classes

17th Amendment (1913) Directly elected by public

30 years old U.S. resident for 9 years Legal resident of state they represent

Senate Leadership

President of Senate – Joe Biden

U.S. Vice-president Now mainly ceremonial May vote to break ties

President Pro-Tempore – Daniel Inouye D - HI

Presides in the absence of VP Usually person with the greatest seniority Third in line of Presidential Succession

Senate Leadership

Majority Leader: Harry Reid (D) Nevada Minority Leader: Mitch McConnell (R) KT

Chosen leader from each party Schedule business of the Senate

Majority Whip: Richard Durbin (D) Ill Minority Whip: Jon Kyl (R) Miss.

Assist party leader Round up members for a vote

Senate Leadership – each party has

Conference Chair Conference Secretary

Presides over party meetings Policy Chair

Schedules legislation Makes recommendations on party policy

Campaign Committee Provide funds Advice/assistance to party candidates

House of Representatives

435 members Size set in 1921

Equal representation (Baker v Carr 1962) Reapportion and redraw after census

Two year terms At least 25 years old Resident of U.S. for 7 years Legal resident of state they represent Traditionally resident of district (state law)

House Leadership

Speaker of the House John Boehner R - Ohio Elected by majority party Party leader Presiding officer over entire House Directs/decides the committees for new bills Influences what bills are brought up for vote 2nd in line of Presidential Succession

House Leadership

Majority Leader: Eric Cantor - VA Minority Leader: Nancy Pelosi - CA

Floor leader Manages debate or appoints manager

Majority Whip: Kevin McCarthy - CA Minority Whip: Steny Hoyer - MD

Assist leader Round up votes

Ass’t whips

House Leadership Conference Chair Conference Secretary

Presides over party meetings Policy Chair

Schedules legislation Makes recommendations on party policy

Campaign Committee Provide funds Advice/assistance to party candidates

Leadership and Power Leadership positions and political

power in both the Senate and House are determined by Party.

House and Senate determine their own rules.

Majority control is important. Representation on all committees is

usually in proportion to the majority party’s control of the chamber.

party leaders

Senator Herb Kohl (D) Senior Senator

Born: February 7, 1935 (77) BA: UW-Madison 1956 MBA: Harvard 1958 Ran Kohls Department and

Grocery stores (sold in 1979) Owns Milwaukee Bucks First elected in 1988 Re-elected: 1994,2000,2006 Committees: Appropriations,

Select on Aging, Judiciary, Banking Housing & UA, 9 subs

Senator Ron Johnson R Junior Senator

Born: April 8 , 1955 (56) BS: U of M Twin Cities 1977 MBA courses @ U of M Started Business: in 1980

Pacur in Oshkosh First elected in 2010 Committees:

Appropriations, Budget, Homeland Security and Gov’t Affairs, Aging

Senator Russ Feingold (D) Junior Senator

Born: March 2, 1953 (58) BA: UW-Madison 1975 Rhodes Scholar: Oxford 1977 JD: Harvard Law School 1979 Attorney, State Senator 1983-

1993 First elected in 1992 Re-elected: 1998, 2004 Committees: Judiciary, Foreign

Relations, Budget, 10 subs

Congressman Ron Kind 3rd District

Born: March 16, 1963 (48) BA: Harvard 1985 MA: London School of Economics

1986 JD: U of Minnesota Law School 1990 Attorney, Assistant District Attn LaX First elected in 1996 Re-elected: 1998, 2000, 2002,

2004, 2006, 2008, 2010 Committees: Ways & Means,

Resources, 6 subs

Committee SystemMost of the work of Congress done in committee

House 19 committees 86 subcommittees Most work of House done in committee Most powerful – House Rules sets limits on

debate & amendments

Senate 16 committees 68 subcommittees Senate views committees as recommendations No limit on debate in Senate

Types of Committees Standing – permanent committees

Subcommittees Mirrors the bureaucracy - oversight Iron triangles

Joint - members of both Chambers Specific topic – Economics, Inauguration

Conference – reconciles bills Bills need to be passed in identical form

Select, special, ad hoc Investigations, studies, issues Temporary

Committee membershipMembers seek to join specific committees because . . .

Personal interest or expertise Access to pork – earmarks (spending in district)

Power and Influence within Congress Attract campaign funds Interests of district Selected by party selection committee Majority party

Controls majority on every committee Selects chair: Senate – seniority, House – limited (3)

Constituent Interests (casework)

Serve as intermediary between individual and the government bureaucracy

Solve problems Social Security Passports IRS

Individuals remember favors - vote

Legislative Oversight Crucial Role – Assess the impact of policy Determine if administration is following

the legislative intent Correcting, Changing, Eliminating Public Complaints / Feedback often start

the process Sunset Laws can be used – not common Legislative Veto – used but ruled

unconstitutional (I.N.S v Chadha)

Legislative Oversight

Problems with Oversight Unrewarding & usually not attention grabbing Confrontational in nature Huge and complex task Can be used for partisan political objectives Current news article

Congressional Votes Need to Pass

Override a veto 2/3 vote in both Houses

Confirm a SC Justice Majority in Senate

Confirm a V-President (25th Amendment)

Majority in both Houses

Pass a Bill Majority in the House

Confirm ambassadors, confirm cabinet

Majority in Senate

Cloture on a Filibuster 60 votes in the Senate

To bring Articles of Impeachment

Majority in the House

Conviction and Removal from Office (Impeachment Trial)

2//3 Vote in the Senate

Propose an Amendment 2/3 of Congress

To approve a treaty 2/3 of Senate

Congressional Votes Need to Pass

Override a veto 2/3 vote in both Houses

Confirm a Federal JudgeSupreme Court Justice

Majority in Senate (60)

Confirm a V-President (25th Amendment)

Majority in both Houses

Pass a Bill Majority in the House Majority in Senate (60)

Confirm ambassadors, confirm cabinet

Majority in Senate (60)

Cloture on a Filibuster 60 votes in the Senate

To bring Articles of Impeachment

Majority in the House

Conviction and Removal from Office (Impeachment Trial)

2//3 Vote in the Senate

Propose an Amendment 2/3 of Congress

To approve a treaty 2/3 of Senate