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Delegated Powers
Powers delegated to the national government (art 1 section 8)
Implied Powers
Powers given to congress through “elastic clause” or “necessary and proper clause”
like developing a national bank
Denied Powers
Powers that the government does not have ex. Ex post facto laws, suspending habeas corpus, and bills of attainer
Representational (Delegate) view
Vote as a majority of your constituents want
Attitudinal (Trustee) view
Vote as you (member of Congress) ideologically believe
Organizational view
Voting as your party/caucus wants
Politico view
Vote as you ideologically believe, unless constituents show
a strong interest in the topic
Cup and saucer
House is the Cup and Senate is the Saucer, as the senate catches what ever spills over from the house
Legislative process
I. Introduction
• Bill is drafted & member sponsors it
• Bill is read into the record (H.R. or S.)
II. Bill is Assigned to a Committee
• Speaker Assigns in House
• Senate Majority Leader Assigns in the
Senate
How a Bill Becomes a Law
III. Committee (Sub-Committee) Action
• Hearing experts are brought in to gather
information (*Interest groups, CBO, CRS)
• Mark Up
• 1) Pass – Report on the bill
• 2) Amend, then Pass – Report on the bill
• 3) Defeat (Kill It) or “Pigeonhole” at any point
• Discharge petition?
IV. House of Reps Rules Committee
• Committee determines:
1. Scheduling of bill
2. Length of debate
3. Will amendments be allowed?
• Open, closed, or restrictive rule?
How a Bill Becomes a Law
V. Floor Action
• Entire House or Senate meet on the bill
• Quorum (218 – House OR 100 – Committee of the Whole)
• Debate House – Limited
Senate – Unlimited Filibuster, Cloture,
Double-tracking
• Voice, Standing (Division), Teller, or Roll-call vote
• Yea, Nay, or Present
• 1) Pass 2) Amend, then Pass 3) Defeat
VI. Repeat Steps I-V in Other House
• Introduction, Assigned to Committee, Committee
Action, House Rules Committee, Floor Action
How a Bill Becomes a Law
VII. Concurrence Vote
• Do you agree with the changes made by the other
house?
• Yes Bill goes to President No Go to step VIII
VIII.Conference Committee (joint committee)
• House and Senate members meet to compromise on the
differences in the bills
IX. Approve Conference Committee Report
• House and Senate each vote to approve compromise bill
by majority vote
• No ability to amend at this point
How a Bill Becomes a Law
X. President’s Action
• 1) Sign
• 2) Veto
• 3) Take No Action
• If Congress is in session…after 10 days it passes.
• If Congress is not in session, after 10 days it is
vetoed “Pocket Veto”
XI. Override the President’s Veto
• 2/3 majority vote of the House and Senate
Single-member districts
An electoral district represented by a single officeholder
census
to acquire and record information about members of a population (done in the us every 10 years, important for redistricting)
redistricting
changing electoral district boundaries to reflect changes in a state’s population.
gerrymandering
drawing districts for political gain (state legislatures)
Marginal districts
competitive districts with close elections
safe districts
districts with wide margins (non competative)
Baker v Carr
1962, State of Tennessee had not redrawn districting lines since the 1800s so people were not equally represented in some areas, the ruling 6-2 was that the lines needed to be redistricted to Equally protect all citizens.
Shaw v. Reno
1993, North Carolina had one majority, minority district but Reno (U.S. attorney general wanted 2) although it had noble intentions, treating citizens unequally by gerrymandering districts was deemed unconstitutional by the Equal protection clause (5-4 for Shaw)
Filibuster
talking to prevent a vote on legislation (used in the senate)
Cloture
a vote in the senate to end a filibuster (takes 60)
Holds
senator informs floor of wish to stop bill (threaten to filibuster)
Speaker of the House
Presiding officer of the house (most important person in house)
Majority Leader
Head of party with greater numbers
Minority Leader
Head of party with lesser numbers (the main spokesperson)
President Pro Tempore
Head of the senate (presiding officer) when the V.P is not there (95% of time) (traditionally the senator with most seniority of major party)
Whip
Inform and influence party members (ex. voting on a bill) (both houses)
Standing committee
Permanent legislative committee specializing in a subject area (both houses)
House Ways and Means Committee
(ways and means of getting money) Tax writing committee in the House of Reps
House Rules Committee
Determines when bills are scheduled to be debated and for how long and if there will be amendments allowed for the house
Subcommittees
Specialized smaller groups within standing committees
Select committee
Temporary committees for a limited time and purpose
Joint committee
A committee with members of both houses
Conference committee
Examines details of proposed laws in the joint committee
Pocket veto
If president lets bill sit for 10 days with no congress in session then a bill is “pocket veto”ed
Line-item veto
an executive’s ability to block a particular provision of a bill passed by the legislature
Rider
provision added to a piece of legislation that is not germane to the bill’s purpose
Poison pill amendment
adding stuff to a bill so people vote against it and bill is killed
Earmarks
provisions within legislation that appropriate money to a specific project
pork barrel spending
Provisions within legislation for specific projects that benefit a specific district or state.
logrolling/reciprocity
legislator agreeing to vote for a bill in order to get a fellow legislator to agree to vote for a different bill
Pigeonhole
Purposely set aside a bill and forgotten
Discharge petition
member of the House may request to have a bill moved out of committee and to the floor
Bills of attainder
A bill that declares a specific person or group guilty of a crime (prohibited in art 1 section 9)
Ex post facto laws
Punishing actions that were done in the past
Oversight
the act of investigating or checking the actions of another branch
Casework/Constituent services
Services provided by members of congress to help constituents navigate federal agencies
Hatch Act (1939)
forbids the intimidation or bribery of voters and restricts political campaign activities by federal employees. It prohibits using any public funds designated for relief or public works for electoral purposes.
Freedom of Information Act (FOIA) (1966)
generally provides any person with the statutory right, enforceable in court, to obtain access to government information in executive branch agency records.
Gramm-Rudman-Hollings Bill (1985)
first binding spending constraints on the federal budget.
War Powers Act (1973)
President shall in every possible instance consult with Congress before introducing United States Armed Forces into hostilities or into situations where imminent involvement is clearly indicated by the circumstances.
Patriot Act (2001)
enabled investigators to gather information when looking into the full range of terrorism-related crimes