Studied by 9 people
demographics of congress
know for test that now congress is more diverse. Meaning more woman, color, ethnesity etc.
caucus vs committee
committee- organizations established for conductions hearing and investigations carrying out other assignments instructed by senate
ex joint standing and select committees
caucus- deals with matters of party organizations. works together around shared interest. Meets with Congress to pursue common legislative obejctives.
ex- blacks, woman, freedom, senate republican caucus, senate democratic caucus
enumerated vs implied powers
enumerated- expressly granted to congress by Constitution
implied- no stated in constitution but allowed due to necessary and proper clause. Congress is allowed to take actions needed to carry out expressed powers.
(also known as elastic clause)
ex- establish national bank
establish military bank
established federal mininum wage
enumerated powers of congress
lay and collect taxes
raise and support an army and navy
pay debts and borrow money
regulate commerce
coin money
establish lower courts
declare war
debate in house and voting
limited floor debate
voting- voice standing and roll call
voice- ayes and nayes- answer to chorus. 15 minutes to allow quorum calls
standing- all in favor stand, and counted
roll call- 45 minutes to call each members names and record his/her vote. demanded by 1/5 present
6/7 minutes in upper chamber
5 major roles of congress people
legislators
represenatives of their constituents
committee members
servants of their constituents
politicians
4 major models a member may use to act as a congress person
trustee- votes own conscience
delegate- does what people want
politico- does what they want until people respond
partisan- votes with political party
president’s role in legislative process; congressional override of a veto
congress can override a veto by passing an act by 2/3rds vote in both house and senate
committee’s role in bill making process
conference committee helps when house and senate don’t agree on bill. They can change it or debate.
speaker of the house refers the bill to standing committee to debate and more
committees can report bills with pass recommendations, refuse to report bill, report bill in amended form, report bill with unfavorable recommendation, and report committee bill
in the house; committee actions
committees can report bills with pass recommendations
refuse to report bill
report bill in amended form
report bill with unfavorable recommendation
report committee bill
in the house; floor debate
Speaker has the power to force any member who strays from subject at hand to give up floor.
limited debate on questions
any time members can move to the previous question only an up or down vote must be taken
pressured
different types of committees that exist in the House and Senate
standing, subcommittees, select/special, joint, committee as a whole, conference
congressional process legislation
Congress reports bill. Can be anyone who had the idea but only congress can introduce bill.
assigned to committee for study
if released by committee put on calender to be voted, debated, or amended
if bill passed by 2/3rds majority (218 out of 435) or (67 out of 100)bill moves to senate or house
conference committee made of house and senate members work out differences in bill between house and senate if there is any
president has 10 days to sign or veto bill (if bill is vetoed, then congress can override it) or president doesn’t sign it it will become a law.
steps on how a bill becomes a law
BILL BECOMES A LAW
Congress reports bill. Can be anyone who had the idea but only congress can introduce bill.
assigned to committee for study
if released by committee put on calender to be voted, debated, or amended
if bill passed by 2/3rds majority (218 out of 435) or (67 out of 100)bill moves to senate or house
conference committee made of house and senate members work out differences in bill between house and senate if there is any
president has 10 days to sign or veto bill (if bill is vetoed, then congress can override it) or president doesn’t sign it it will become a law.
majority leader of senate
chosen by party members assisted by whips
Legislative strategists who carry out the decisions of their party and try to get their bills passed
-Chief spokesperson of their party
term
lasts two years in congress
in the house; committee of a whole
when bill reaches floor
purpose to speed up business on floor
less strict rule
all members in house not the house its self
floor actions are faster
only 100 members present in order for things to move along
Speaker isnt involved because it House isnt in session
when debate begins, bill receives second reading section by section. have five minutes to make thier case.
president’s role in legislative process; pocket veto
option 4- president may pocket veto; a varation of refusing to sign the bill
If Congress adjourns before the 10 days and the President has not signed the bill then it does not become law
president’s role in legislative process; signature or veto
option 1- president sign bill — bill becomes law
option 2- president veto, refusing to sign bill
option 3- The president may allow the bill to become a law without singing it.
president’s role in legislative process; time limit for president to sign a bill
10 days
excluding sunday
in the senate; rules for debate in senate
they can speak as long as they want
don’t allow members to move to previous questions
has to be unanimous consent agreements on bill
2 speech rule— no senator may speak more than twice on given question on same legislative day.
no senator shall interrupt another senator in debate without consent
in the senate; fillibuster
talk a bill to death
tries to monopolize senate floor
in the senate; the cloture rule
senators hestiate for a cloture because
tradition of free debate
frequent use of cloture will undercut value of filibuster that will someday be useful
limiting debate
a vote to involve rule must take 2 days after petition
the rules committee
HOUSE— decides whether and under what conditions the full house will consider a measure.
rules committee can speed, delay, or even prevent house action on measure.
SENATE——majority floor leader controls appearance of bills on floor.
rules committee must approve that step in bill and set a time for its appearance on the floor. The rules committee can kill the bill by not granting rule.
2/3rds of members present in house can suspend rule on first or third monday or tuesday.
bicameral legislature
one house made into 2 houses
two house legislative branch
maintain balance and check one another
Simple resolution
deal with matters concerning either house alone
doesn’t have force of laws
no president’s signature
no approval of other house
ex- someone passed in house
bill
proposed law presented in hosue or senate for consideration
private- apply to certain persons or places
ex- taxes
public- apply to nation as whole
ex- idaho ranchers
needs president to sign off on bill
concurrent resolution
deals with matters in which house and senate must act jointly
both houses to sign
doesn’t have the force of laws as bill or joint
no president’s signature
ex- legislative rules, adjournment of congress
joint resolution
same importance as bill
Private or Public
both need both houses signing
signature from president
deals with unusal/temp. matters
ex- money needed now
used to propose constitutional amendment and annex, admentments, natural disasters, territories.
quorum
majority of full members must be present in order for hosue to do business
speaker of house
calls hosue to order
elected by majority party in house
speaker maintains order, manages proceedings, and governs administration of its buisness
most important— to preside and keep order
only votes to break a tie
ogden vs gibbons to commerce clause
chief justic john marshall’s court rules congress has the power to regulate commerce and that federal law takes precedence over state laws.
strict constructionist vs libel constructionist when interpreting powers that congress has under the constitution
strict- desired a small federal government, leave most power to the states and to the people Led by TJ. STATE GOVERNMENT.
liberal- wanted to use the federal government to pursue anaggressive strategy of industrialization and economic development.Led by AH. needed an energetic government. AMPLIES TO NATIONAL GOVERNMENT. argued from a Federalists point of view
necessary and proper clause means and how it is essential to implied powers
allows congress the ablity to make laws or act where the constitution doesn’t give it authority to act (implied or elastic— bc it has been stretched so far and made to cover much over years)
book it states necesssary and proper clause gives congress the expressed 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
(not expressly granted to by constitution by are deemed necessary and proper to effectively execute constitutionally grant powers)
mcculloch vs maryland to the concept of implied powers
states cannot interfere with federal government when it uses its implied powers under the necessary and proper clause
constitution need not expressly empower congress to create a bank. Court said it was necessary and proper to the execution of four of the expressed powers and also implied powers.
committees
works on 11k bills every session
some hold hearings and markup meetings
oversight involes hearings and methods of checking in on actions of executive branch
select committee
created for specific purpose or limited time
speaker of house or president of senate appoints members of special committees with advice of majority and minority leaders.
job- conduct investigations (most are done by standing but also help as well) or consider measures
conference committee
temporary, joint body- created to iron out differences in bill.
restore differences in house and senate bills and produce a compromise bill that both houses will accept
joint committee
few policy areas
composed of members in house and senate members
job- investigate in nature and issue periodic reports to house and senate
trustees
votes own conscience
politico
does what they want until people respond
partisan
votes with political party
delegates
does what people want
standing committee
subject matters
When a bill is introduced on the House floor, it is assigned a bill number and sent to a standing committee by the Speaker of the House.
committee handle different policy areas
whips
elected by 2 parties to encourage fellow party members to vote as the party leadership wants.
collect information regarding what members are thinking and alert leaders about members whose vote cannot be counted.
whips are party enforcers
what committees do and how they get on committees
members want committee assignments that help them get reelected, gain influence, and make policy
committees investigate and hold hearings gather information on problems
How to get on committees- Each party assigns, by resolution, its own members to committees, and each committee distributes its members among subcommittees.
memberships benefits
make 174k a year
free from arrest besides treason, felony, and breach of peace
income tax breaks to afford 2 houses
health insurance coverage for life
adjournment
The means through which a session is ended until a later stated time
recess
A temporary suspension of a session; a break within a session
session
congress assembles and conducts business
one year long.
2 in a term
special sessions
meeting to deal with emergency situation
president calls them
ex- president truman in 1948 for inflation and welfare
prorogue
end session
apportionment
every 10 years
dividing 435 members/ seats in U.S. House of Representatives amoung 50 states
each seat representing one district
house representatives terms and lengths
chosen every 2nd year
serves 2 terms
one term of congress is 2 years long and begin on Jan 3 of each odd numbered year.
congressional elections
2 years of house representatives elected
1/3rd of senate reelected or elected
held on the tuesday following first monday in november each even numbered year.
single member district
less districts= less votes
single member districts are electoral districts represented by single office holder
voters in each district elect one of the State’s representatives from among a field of candidates running for a seat in the House from that district
off year/ midterm elections
odd numbered years when neither presidental elections or midterms elections take place
midterm elections for senators (every 2 years)- 1/3 of senate are up for grabs
they can be reelected or elected
apportionment cases one person one vote
wesberry vs sanders
1964 supreme court case
congressional districts must be equal in population
at large elections and importance
elected from states as a whole rather than particular district.
every voter could vote for a candidate for each one of state’s seats in house.
importantance- a party with even a very small plurality of voters statewide could win all of a state’s seats in house.
oversight function
committees check on executive branch to see if they are working properly
qualifications of senators
(senators represent their state)
30+ years of age
citizens of U.S. for 9+ years
inhabitant state where he or she was elected
continuous body
only 1/3 of members of senate “expire” every 2 years but not all seats are given up
senators terms/lengths
6 year term
2 for each state
100 in total
qualifications for house
25+ of age
citizens of U.S. 7+ years
inhabitant state which she or he was elected
gerrymandering
snaking back and forth- manipulation distrubting lines
advantange of political party that controls state legislature
cracking and packing
cracking- taking one district and dividing into many
(dilution voting power of opposite party app areas districts
packing drawing district lines
(reduce voting pwer in districts)
roles/duties of members of congress
duties- represent their people of their district in U.S. Congress by holding hearings and developing and voting on legislation.
roles-to focus ona specific area of public policy
legislative vs nonlegislative powers
non legislative powers- ex raising and spending money creating laws to create federal court,
amendments
electoral duties
conduct investigations
advice and consent
new states and territories
powers given to congress to help check the power of other branches
legislative powers- ex declare war, make all laws, etc.
vested in congress; the only part of government that can make new laws or change existing laws.
how leadership is organized in house and senate
Senate— vice president, president pro tempore, majority leader, minority leader, majority whip and minority whip.
House— organized from speaker of the house, floor leaders, whips, standing committee, select committee and joint committee.
non legislative powers
amendments
electoral duties
conduct investigations
advice and consent
new states and territories
powers and responsibilities that are not related to passing laws
electoral duties- those called on to elect president. Senate choose vice president if no candidate wins majority of electoral votes
impeachment- house has power to impeach. Convictions means removal from office. ex andrew jackson and bill clinton found not guilty
executive powers- appointments and treaties
investigatory powers- can investigate any matter falls within legislative powers.
difference between senators and representative qualifications and terms/duties
senate- 6 year term, 30+ years of age
9+ years in USA
unlimited floor debate
lead by vice president lead by president pro tempore if no vice in session, chosen by party members, assisted by whips
100 senators 2 from each state
represent entire state
representatives- 2 year term
7+ years in USA
25+ years of age
lend by speaker of house
elected by house members legislaure assisted by majority leader and whips
limited floor debate
435 HOUSE OF REPRESENTATIVES
represent individual districts
how committees are organized and the work they do
each party is assigned its own members to a committee
monitor on going government operations identify issues suitable for legislative review, gather and evaluate information and recommend courses of action to senate.
legislate
pass laws
direct vs indirect tax
direct- must be paid directly to government by person who is imposed
indirect tax- one first paid by one person and passed to another
public vs national debt
public- all the money borrowed by the Federal government over the years and not yet repaid.
national- total amount of money that a country’s governmnt has borrowed
legal tender
kind of money that a creditor must by law accept in payments for debts
copyright vs patent
copyright-
exclusive right of author to reproduce, publish and sell his/her creative work.
patent-
grants a person sole right to manufacture, use, or sell any new and useful art machine manufacture or composition of matter or any new and useful improvement thereof.
Lasts up to 20 years.
acquit, censure, prejury and subpoena
a---find them not guilty
c--- formally dissaproving of someone behavior
p--- lying under oath
s--- call them forth to court
rider
dealing with an unrelated matter.
( Provision not likely passed on its own merit that is attached to an important measure certain to pass. )
Describe when a bill is engrossed.
bill printed in final form once approved
discharge petition
enables members to force a bill that has remained in committee 30 days onto floor for consideration.
Any member can file a discharge motion
if motion is signed by majority of house ,218, committee has 7 days to report bill. If bill not signed then it be discharged from committee and sent to floor.
commerce power
power of congress to regulate interstate and foreign trade
party caucus
a meeting of all hoouse members from a particular political party
Note
Flashcard