Unit 4_ Article 1, 2, and 3

Unit 4: Article 1 Notes

Congress - Bicameral House System

  • Definition: Congress is a bicameral legislature, composed of the Senate and the House of Representatives.

Who Serves in Congress?

  • Descriptive Representations: Members share characteristics with their constituents.

  • Substantive Representation: Members represent the best interests of their constituents.

  • Incumbent: A government official currently holding office.

  • Incumbency Advantage: Incumbents have a significant advantage in being re-elected.

Article 1: Legislative Branch

The Delegated Powers (Powers Given to Congress)

  • Powers fall under various categories:

    • Inherent: Powers held by any government.

    • Expressed: Explicitly stated in the Constitution.

    • Implied: Not specifically listed but necessary for executing expressed powers (e.g., Elastic Clause).

    • Enumerated/Delegated.

Key Delegated Powers Include:

  • Levy Taxes: Revenue bills must begin in the House.

  • Spend money: For common defense and public welfare (e.g., Social Security, welfare).

  • Borrow Money.

  • Commerce Clause: Regulate foreign, interstate, and Indian commerce (noted cases include McCulloch v. Maryland).

  • Establish Immigration and Bankruptcy Laws.

  • Coin Money.

  • Establish Weights & Measures.

  • Punish Counterfeiters.

  • Establish Post Offices.

  • Grant Copyrights & Patents.

  • Create Inferior Courts.

  • Define & Punish Piracy.

  • Declare War (11 times).

  • Raise & Support an Army & Navy: Discusses concepts like conscription and the establishment of agencies such as the CIA.

Institutional Powers

  • Senate Ratification of Treaties: Requires a 2/3 vote.

  • Approval of Presidential Appointments: Majority vote required.

  • Impeachment: House votes for impeachment (majority needed); Senate conducts the trial (2/3 needed to convict).

  • Electoral Procedures: House can elect the President if no electoral majority; Senate elects the Vice President.

  • Proposal of Constitutional Amendments: Requires 2/3 vote in both houses.

Powers Denied to Congress

  • Ex Post Facto Laws: Cannot impose retrospective penalties.

  • Bills of Attainder: Punishment without a trial.

  • Suspension of Habeas Corpus: Can only be suspended in cases of rebellion or invasion.

Committees: Where the True Work is Done

  • Function & Purpose: Facilitate the legislative process.

  • Oversight Hearings: Testimonies from bureaucratic members.

  • Consider Bills: Committees can send bills to the floor, amend them, or kill them.

Four Types of Committees

  • Standing Committees: Permanent committees with specific responsibilities.

  • Joint Committees: Comprised of both House and Senate members.

  • Conference Committees: Resolve differences between House and Senate bills.

  • Select Committees: Address specific issues temporarily.

Important Committees

  • House Rules Committee: Sets rules for all committees.

  • House Appropriations Committee: Handles financial legislation.

  • House Ways and Means Committee: Responsible for tax-related bills.

  • Senate Finance Committee: Oversight of federal finances.

Caucus

  • Definition: Groups of members with shared interests.

  • Example: African American Caucus, which operates collectively to negotiate for benefits.

Ways Congress is Organized to Make Policy

  • Agencies: CRS, GAO, CBO provide support.

  • Logrolling: Exchange of votes among members for mutual benefit.

Presidential Powers

  • Veto Power: The President can veto legislation.

  • Lobbyists: Numbers around 26 lobbyist per representative, influencing legislation.

Benefits of the Job

  • Franking Privileges: Free postal service for communication with constituents, aiding re-election efforts.

  • Credit Claiming: Incumbents cite achievements to foster support.

    • Casework: Assistance to individuals in the constituencies.

    • Pork Barrel Spending: Federal funds targeted at specific local projects.

    • Earmarks: Allocations in bills benefiting specific groups.

Incumbency Rates in Congress

  • Higher in the House due to safe districting, shorter terms (2 years), and frequent re-election efforts.

Reasons Incumbents Lose

  • Scandals involving incumbents.

  • Redistricting: May face competitors in reconfigured districts.

  • Potential public backlash during elections.

Congressional Elections

  1. Open Seats: Costly campaigns; PACs and independent spending significantly influence results.

  2. Redistricting/Reapportionment: Reflects population changes affecting congressional representation.

  3. Gerrymandering: Manipulative district drawing to achieve desired electoral outcomes (deemed unconstitutional).

Requirements for Congress Members

House

  • Members: 435

  • Representation: Based on population; determined by the census.

  • Age: Minimum 25 years.

  • Residency: Must be a resident of the state.

  • Term Length: 2 years, no limits.

Senate

  • Members: 100

  • Known as: Upper house; continuous body.

  • Age: Minimum 30 years.

  • Residency: Must be a resident of the state.

  • Term Length: 6 years, no limits.

Differences Between House and Senate

  • Debate: Limited to 1 hour in the House, unlimited in the Senate (including filibuster).

  • Focus: House specializes in local tax and revenue policy; Senate emphasizes foreign policy.

  • Leadership: Speaker of the House (#3) and President Pro Tempore of the Senate (#4).

Supreme Court Ruling

  • Baker v. Carr (1962): Addressed districting issues.