Congress: Powers, Structure, and Legislative Process

Enumerated Powers

Specific powers granted to Congress by the Constitution.

Power of the Purse

The power of Congress to raise and spend money, serving as a check on the executive branch.

Gerrymandering

The practice of drawing congressional districts to favor one political party or group over another.

Baker v. Carr

A landmark Supreme Court case that ruled on the issue of legislative apportionment.

War-Making Powers

Powers granted to Congress to declare war, which differ from the President's powers as Commander-in-Chief.

Filibuster

A tactic used in the Senate to delay or block legislative action, unique to that chamber.

Bill Becoming Law

The process by which a bill is introduced, studied, and voted on in Congress before being sent to the President.

House of Representatives

One of the two houses of Congress, consisting of 435 members elected every 2 years.

Senate

The upper house of Congress, consisting of 100 members serving 6-year terms.

Apportionment

The distribution of congressional seats among the states based on population.

Reapportionment

The redistribution of congressional seats after the census determines changes in population distribution.

Congressional Districting

The process by which state legislatures draw congressional districts for representation.

Incumbency Effect

The tendency of those already holding office to win reelection, more pronounced in the House than in the Senate.

Senator Majority Leader

The most powerful member in the Senate, responsible for leading the majority party.

Speaker of the House

The presiding officer of the House of Representatives, holding significant power.

Membership of House

Comprises 435 members apportioned by population.

Membership of Senate

Comprises 100 members, with two from each state.

Term of Office for House

Members serve 2-year terms, with the entire House elected every 2 years.

Term of Office for Senate

Members serve 6-year terms, with staggered elections every 2 years.

Qualifications for House

Must be at least 25 years old, a citizen for 7 years, and reside in the state.

Qualifications for Senate

Must be at least 30 years old, a citizen for 9 years, and reside in the state.

Constituencies of House

Represent smaller, district-based populations.

Constituencies of Senate

Represent larger, state-wide populations.

Prestige of House

Generally considered to have less prestige compared to the Senate.

Prestige of Senate

Generally considered to have more prestige compared to the House.

Casework for constituents

Officeholders may have helped constituents solve problems involving government and the bureaucracy.

More visible to constituents

Members can use the 'perks' of the office to communicate with constituents.

Franking

The privilege of sending official mail using the incumbent's signature as postage, provides communication with constituents.

Media exposure

Incumbents are more likely to gain 'free' publicity during a campaign through the media.

Fundraising abilities

It is generally greater for incumbents.

Experience in campaigning

Incumbents have already experienced the campaign process.

Voting record

Voters can evaluate their performance based on their record.

Term Limits

Although several states have passed legislation establishing term limits for members of Congress, the Supreme Court has ruled that neither the states nor Congress may impose term limits without a constitutional amendment.

Leadership of Congress

The majority political party in each house controls the leadership positions of Congress.

Majority leader

Serves as the major assistant to the speaker, helps plan the party's legislative program, and directs floor debate.

Minority floor leader

The major spokesperson for the minority party and organizes opposition to the majority party.

Whips

Help floor leaders by directing party members in voting, informing members of impending voting, keeping track of vote counts, and pressuring members to vote with the party.

U.S. Vice President

Although not a Senate member, is the presiding officer of the Senate, may not debate and only votes to break a tie.

President pro tempore

A senior member of the majority party chosen to preside in the absence of the Senate president, a mostly ceremonial position lacking real power.

Majority floor leader (Senate)

The most influential member of the Senate and often the majority party spokesperson.

Minority floor leader (Senate)

Performs the same role as the House minority leader.

Committee System

Most of the work of Congress is accomplished through committees, allowing for the study of legislation by specialists and helping speed up the passage of legislation.

Committee chairpersons

Members of the majority party in each house chosen by party caucus, responsible for setting agendas, assigning members to subcommittees, and managing floor debate of the bill.

Seniority system

Traditionally, chairpersons were chosen based on the longest length of committee service.

Membership on Committees

The percentage of each committee's membership reflects the overall percentage of Democrats and Republicans in each house.

Standing Committee

A permanent committee that deals with specific policy matters (agriculture, energy and natural resources, veterans' affairs).

Select Committee

A temporary committee appointed for a specific purpose, often formed to investigate a particular issue, such as the Senate Watergate Committee.

Joint Committee

A committee made up of members of both houses of Congress, which may be a select committee (Iran-Contra Committee) or perform routine duties (Joint Committee on the Library of Congress).

Conference Committee

A temporary committee of members from both houses of Congress, created to resolve the differences in House and Senate versions of a bill.

Caucus

Informal groups formed by members of Congress who share a common purpose or set of goals (e.g., Congressional Black Caucus, Women's Caucus, Democratic or Republican Caucus).

Personal Staff

Staff who work directly for members of Congress in Washington, D.C., and their district offices in their home states.

Committee Staff

Staff who work for committees and subcommittees in Congress, researching problems and analyzing information.

Support Agencies

Agencies that provide services to members of Congress (e.g., Library of Congress, Government Printing Office).

Policymaker

A role of members of Congress where they make public policy through the passage of legislation.

Representative

A role of members of Congress where they represent constituents.

Delegate

A role where members vote based on the wishes of constituents, regardless of their own opinions.

Trustee

A role where members vote based on their own opinions after listening to constituents.

Constituent Servant

A role where members help constituents with problems.

Committee Member

A role where members serve on committees.

Politician/Party Member

A role where members work to support their political party platform and get reelected.

Privileges of Members of Congress

Includes allowances for offices in their district or home state, travel allowances, the franking privilege, immunity from arrest while conducting congressional business, and immunity from libel or slander suits for their speech or debate in Congress.

Franking Privilege

Allows members of Congress to send mailings to constituents postage free.

Legislative Powers

Powers that allow Congress to make laws.

Nonlegislative Powers

Powers that do not involve the making of laws.

expressed powers

powers specifically granted to Congress, mostly found in Article I, Section 8 of the Constitution

implied powers

powers that may be reasonably suggested to carry out the expressed powers; found in Article I, Section 8, Clause 18; 'necessary and proper' or elastic clause; allows for the expansion of Congress' powers (expressed power to raise armies and navy implies the power to draft men into the military)

limitations on powers

powers denied Congress by Article I, Section 9 and the Tenth Amendment

electoral powers

selection of the president by the House of Representatives and/or vice president by the Senate upon the failure of the electoral college to achieve a majority vote

amendment powers

Congress may propose amendments by a two-thirds vote of each house or by calling a national convention to propose amendments if requested by two-thirds of the state legislatures

impeachment

the House may bring charges, or impeach, the president, vice president or any civil officer; case is tried in the Senate with the Senate acting as the jury (Andrew Johnson and Bill Clinton were both impeached by the House but not convicted by the Senate)

executive powers of Senate

the Senate shares the appointment and treaty-making powers with the executive branch; the Senate must approve appointments by majority vote and treaties by two-thirds vote

investigative/oversight powers

investigate matters falling within the range of its legislative authority; often involves the review of policies and programs of the executive branch

Policymaking

How a Bill Becomes a Law

standing, select, joint

types of committees in Congress

Bill introduction process

A bill is introduced, numbered, and assigned to a committee.

Subcommittee process

The bill may be assigned to a subcommittee for further study.

Committee approval

The bill is returned to committee, where it is approved or rejected.

Rules committee

The rules committee sets terms of debate for the bill.

House debate

The bill is debated by the House.

House voting

A vote is taken, where the bill is passed or defeated. Bills that pass the House are sent to the Senate.

Senate process

A bill is introduced, numbered, and assigned to a committee.

Senate debate

The bill is debated by the Senate.

Senate voting

A vote is taken, where the bill is passed or defeated. Bills that pass the Senate are sent to the House.

Presidential action

President may sign the bill, veto the bill, allow the bill to become law without signing, or pocket veto the bill.

Veto override

Vetoed bills are returned to Congress, where they may be overridden by a two-thirds vote in each house.

Legislative tactics

the strategies and devices used by Congress and others in an attempt to block legislation or to get legislation passed.

Caucuses

May form voting blocs.

Cloture

the method by which the Senate limits a filibuster; involves a petition to end debate and requires the vote of at least 60 senators.

Pork barrel legislation

An attempt to provide funds and projects for a member's home district or state.

Logrolling

An attempt by members to gain the support of other members in return for their support on the member's legislation; 'I'll support your bill, if you will support mine.'

Riders

Additions to legislation which generally have no connection to the legislation; generally legislation that would not pass on its own merit; when a bill has lots of riders it becomes a 'Christmas tree bill.'

Amendments

Additions or changes to legislation that deal specifically with the legislation.

Lobbying

Trying to influence members of Congress to support or reject legislation.

Conference committees

May affect the wording and therefore the final intent of the legislation.

Legislative veto

the rejection of a presidential or executive branch action by a vote of one or both houses of Congress, used mostly between 1932 and 1980 but declared unconstitutional by the Supreme Court in 1983 (Immigration and Naturalization Service v. Chadha) stating that Congress cannot take any actions having the force of law unless the president agrees.