Chapter 10-12 test

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

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ex joint standing and select committees

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caucus- deals with $matters of party organizations$. works together around shared interest. Meets with Congress to pursue common legislative obejctives.

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ex- blacks, woman, freedom, senate republican caucus, senate democratic caucus

enumerated vs implied powers

enumerated- $expressly granted$ to congress by Constitution

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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.

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$(also known as elastic clause$)

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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

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voting- voice standing and roll call

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voice- ayes and nayes- $answer to chorus$. 15 minutes to allow quorum calls

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standing- all in favor $stand$, and counted

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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

1. $legislators$
2. $represenatives of their constituents$
3. $committee members$
4. $servants of their constituents$
5. $politicians$

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 $refers the bill to standing committee to debate and more$

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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

1. $committees can report bills with pass recommendations$
2. $refuse to report bill$
3. $report bill in amended form$
4. $report bill with unfavorable recommendation$
5. $report committee bill$

in the house; floor debate

Speaker has the power to $force any member who strays from subject at hand to give up floor.$

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limited debate on questions

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any time members can move $to the previous question$ only an up or down vote must be taken

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pressured

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different types of committees that exist in the House and Senate

standing, subcommittees, select/special, joint, committee as a whole, conference

congressional process legislation

1. $Congress reports bill. Can be anyone who had the idea but only congress can introduce bill.$
2. $assigned to committee for study$
3. $if released by committee put on calender to be voted, debated, or amended$
4. $if bill passed by 2/3rds majority (218 out of 435) or (67 out of 100)bill moves to senate or house$
5. $conference committee made of house and senate members work out differences in bill between house and senate if there is any$
6. $president has 10 days to sign or veto bill (if bill is vetoed, then congress can override it) or president doesn’t sign it it will become a law.$

steps on how a bill becomes a law

BILL BECOMES A LAW


1. $Congress reports bill. Can be anyone who had the idea but only congress can introduce bill.$
2. $assigned to committee for study$
3. $if released by committee put on calender to be voted, debated, or amended$
4. $if bill passed by 2/3rds majority (218 out of 435) or (67 out of 100)bill moves to senate or house$
5. $conference committee made of house and senate members work out differences in bill between house and senate if there is any$
6. $president has 10 days to sign or veto bill (if bill is vetoed, then congress can override it) or president doesn’t sign it it will become a law.$

$majority leader$ of senate

chosen by $party members assisted by whips$

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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 $speed up business on floor$

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less strict rule

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all $members$ in $house$ not the house its self

floor actions are faster

only $100 members$ present in order for things to move along

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$Speaker isnt involved because it House isnt in session$

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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; $a varation of refusing to sign the bill$

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$If Congress$ %%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 $sign bill — bill becomes law$

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option 2- president $veto, refusing to sign bill$

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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

$10 days$

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$excluding sunday$

in the senate; rules for debate in senate

they can $speak as long as they want$

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$don’t allow members to move to previous questions$

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has to be $unanimous consent agreements on bill$

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$2 speech rule— no senator may speak more than twice on given question on same legislative day.$

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$no senator shall interrupt another senator in debate without consent$

in the senate; fillibuster

$talk a bill to death$

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tries to monopolize senate floor

in the senate; the cloture rule

senators hestiate for a cloture because


1. tradition of free debate
2. frequent use of cloture will undercut value of filibuster that will someday be useful

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%%limiting debate%%

$a vote to involve rule must take 2 days after petition$

the rules committee

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HOUSE— decides whether and under what conditions the full house will consider a measure.

$rules committee can speed, delay, or even prevent house action on measure.$

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SENATE——majority floor leader controls appearance of bills on floor.

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rules committee must approve that step in bill and set a time for its appearance on the floor. $The rules committee can kill the bill by not granting rule.$

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$2/3rds of members present in house can suspend rule on first or third monday or tuesday.$

bicameral legislature

$one house made into 2 houses$

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@@two house legislative branch@@

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$maintain balance and check one another$

Simple resolution

deal with matters $concerning either house alone$

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$doesn’t$ have $force of laws$

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$no$ $president’s$ $signature$

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no approval of other house

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ex- someone passed in house

bill

$proposed law$ presented in hosue or senate for consideration

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$private$- apply to $certain$ $persons or places$

ex- taxes

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$public$- apply to $nation$ as whole

ex- idaho ranchers

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$needs president to sign off on bill$

concurrent resolution

deals with matters in which $house and senate must act jointly$

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both houses to sign

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$doesn’t$ have the $force of laws$ as bill or joint

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$no president’s signature$

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ex- legislative rules, adjournment of congress

joint resolution

same importance as bill

Private or Public

%%both%% $need both houses$ signing

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%%signature from president%%

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deals with %%unusal/temp. matters%%

ex- money needed now

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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

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elected by $majority party in house$

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speaker $maintains order, manages proceedings, and governs administration of its buisness$

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most important— to %%preside and keep order%%

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^^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.^^

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liberal- @@**wanted to use the federal government to pursue an**@@**aggressive** @@**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)%%

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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@@

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($not expressly$ 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

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@@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 $hold hearings and markup meetings$

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$oversight involes hearings and methods of checking in on actions of executive branch$

select committee

created for specific purpose or $limited time$

$speaker of house or president$ of $senate appoints members of special committees$ with advice of $majority and minority leaders.$

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job- %%conduct investigations%% (most are done by standing but also help as well) or %%consider measures%%

conference committee

temporary, joint body- $created to iron out differences in bill.$

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%%restore%% $differences in house and senate bills$ and %%produce a compromise bill that both houses will accept%%

joint committee

few policy areas

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$composed of members in house and senate members$

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job- %%investigate in nature and issue periodic reports to house and senate%%

$trust$ees

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

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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.

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^^committee handle different policy areas^^

whips

elected by $2 parties to encourage fellow party members to vote as the party leadership wants$.

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$collect information$ regarding what $members are thinking$ and $alert leaders$ about members whose $vote cannot be counted.$

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whips are party enforcers

what committees do and how they get on committees

members want committee assignments that help them get $reelected, gain influence, and make policy$

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%%committees investigate and hold hearings gather information on problems%%

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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

$free from arrest besides treason, felony, and breach of peace$

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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 $assembles and conducts business$

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$one year long.$

2 in a term

special sessions

meeting to $deal with emergency situation$

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president calls them

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ex- president truman in 1948 for inflation and welfare

prorogue

$end$ session

apportionment

every $10 years$

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dividing $435 members/ seats in U.S. House of Representatives amoung 50 states$

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each seat representing $one district$

house representatives terms and lengths

chosen every $2nd year$

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serves $2 terms$

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one term of congress is 2 years long and begin on Jan 3 of each odd numbered year.

congressional elections

$2 years of house representatives elected$

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$1/3rd of senate reelected or elected$

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held on the tuesday following first monday in november each even numbered year.

single member district

less districts= less votes

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single member districts are electoral districts $represented by single office holder$

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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

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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

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$congressional districts must be equal in population$

at large elections and importance

$elected from states as a whole$ rather than particular district.

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@@every voter could vote for a candidate for each one of state’s seats in house.@@

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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)

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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@@

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2 for each state

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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

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cracking and packing

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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.

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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,

$amendments$

$electoral duties$

$conduct investigations$

$advice and consent$

$new states and territories$

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powers given to congress to help check the power of other branches

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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

$amendments$

$electoral duties$

$conduct investigations$

$advice and consent$

$new states and territories$

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powers and responsibilities that are not related to passing laws

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electoral duties- those called on to elect president. Senate choose vice president if no candidate wins majority of electoral votes

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impeachment- house has power to impeach. Convictions means removal from office. ex andrew jackson and bill clinton found not guilty

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executive powers- appointments and treaties

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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@@

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^^100 senators 2 from each state^^

^^represent^^ %%entire state%%

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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 $own members to a committee$

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$monitor on going government operations identify issues suitable for legislative review, gather and evaluate information and recommend courses of action to senate.$

legislate

$pass laws$

direct vs indirect tax

direct- must be $paid directly$ to government by person who is imposed

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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.@@

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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-

$exclusive right of author to reproduce, publish and sell his/her creative work.$

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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 $unrelated matter$.

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( 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

$enables members to force a bill that has remained in committee 30 days onto floor for consideration.$

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Any $member$ can $file a discharge motion$

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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