Civics Unit 3

Structure of Congress

A Bicameral Legislature

  • Upper House - Senate (equal representation - 2 representatives per state)

    • Used to be chosen by state legislatures before the 17th Amendment

  • Lower House - House of Representatives (population-based, proportional)

    • more accountable!

Congress - “first branch of government” - James Madison

Terms of Congress

  • Each Congress lasts for a meeting period or term of 2 years.

  • Each term starts January 3 of odd-numbered years.

  • Each term is divided into 2 “sessions” which lasts from January to November

  • Special Session - Congress meets in times of crisis

  • Joint Session - when House and Senate meet (presidential addresses, electoral counts

House of Representatives

  • 435 voting members

    • each state has at least one representative, no matter how small they are

  • House also has 6 non-voting members from D.C., Puerto Rico, and our 4 U.S. territories

  • After each 10-year census, Congress adjusts the number of Reps. for each state (if needed); new seats take effect after 3 years

    • NC recently added a seat

  • Elections every even year, Reps take over January 3 of every odd year.

  • Reps serve 2-year terms

  • Each state is divided into 1 or more “Congressional Districts”

    • Districts must include roughly the same number of constituents

The Senate

  • 100 members

    • 2 from each state

    • Senators represent the entire state rather than just a district

  • Senators serve 6-year terms

    • Staggered elections every 2 years (1/3, 1/3, 1/3)

Leaders in Congress

  • In both the House and Senate, the political party to which more than half the members belong is known as the majority party.

  • The other party is called the minority party.

  • At the beginning of each term (every 2 years) party members in each house choose its leaders.

  • Overall Leaders:

    • House - “Speaker of the House” - next in line for presidency after VP

      • From majority party; leader of House.

      • Counts votes, appoints members to committees, sends bills to committees, gives permission to speak, etc.

    • Senate - VP Presides - breaks vote in a tie; OR President Pro Tempore (senior)

  • Other Leaders (both houses):

    • Majority/minority leaders

      • More power in Senate

      • Majority leader in Senate is similar in power to the Speaker

      • Majority/Minority whips

Qualifications and Benefits

  • Senator - must be 30, live in the state you represent, and have been a U.S. citizen for at least 9 years

  • House - must be 25, live in the state you plan to represent, and have been a U.S. citizen for at least 7 years

    • most have attended college and are lawyers, but this is NOT a requirement

Benefits

  • Salary - $174,000 (‘09)

  • Can send job-related mail without paying postage - Franking privilege

  • Speech and Debate Clause - Constitution grants Senators/Reps immunity to say what they believe is right within Congress (certain situations)

Legislative Powers

  • Expressed Powers - Article 1, Section 8 - are clearly listed

  • Implied Powers - Article 1, Section 8, Clause 18 - “Necessary and Proper” Clause

    • Elastic Clause - has allowed Congress to “stretch” its power

  • Expressed Powers:

    • Lay and collect taxes

    • Borrow money/pay debts

    • Establish naturalization laws

    • Raise an army/navy

    • Regulate commerce

    • Establish a post office

    • Coin money

    • Create lower courts

    • Declare war

    • Promote progress of arts and science

    • Protect patents and copyrights

    • “Necessary and Proper” Clause

  • Implied Powers (“Elastic Clause”):

    • Create the IRS

    • Punish tax evasion

    • Establish the Federal Reserve

    • Regulate immigration

    • Set a minimum wage

    • Draft for military

    • Oversee workplace safety

    • Outlaw workplace discrimination

    • Protect against mail fraud

House-Specific Powers:

  • Initiate revenue bills

  • Initiate impeachment procedures federal officials

  • Elect the president in the case of an electoral tie

Senate-Specific Powers:

  • Authority to approve/reject presidential nominations to executive and judicial offices

    • SCOTUS - 20% rejected

  • Treaties must be ratified by 2/3s vote of Senate

    • Versailles, SALT II

  • Tries impeachment trial

    • 2/3s vote to convict

  • Most important job of the legislative branch: TO MAKE LAWS

Committee Work

  • 1000s of bills are proposed each session, so to make it possible to handle this many, Congress has developed a system of committees

3 Types of Standing Committees

  1. Standing Committees - permanent

    1. House has 20, Senate has 16

  2. Select/Special Committees - temporary to deal with special issues

  3. Joint Committees - members of both houses meet to consider specific issues

    1. 4 permanent - printing, library, taxation, economic

  • Most Congressmen/women try to get assigned to important committees that affect their constituents

  • Senators/Representatives who have been in Congress longest usually get the referred committee spots (seniority)

  • The longest serving committee member from the majority party traditionally becomes “chairperson.”

  • The chairperson decides when/if the committee will meet, what bills will be studied, and who will serve on which subcommittees

Most Important Committees

House:

  • Ways and Means Committee - considers legislation on taxation

    • taxation has to originate in the House

  • Budget Committee - decides the budget of the government

  • Appropriations Committee - decides which programs get how much money

  • Rules Committee - policemen of ALL bills. Decides the procedures on which bills get voted, the amending process, the debate process, the rules for voting, etc.

Senate:

  • Appropriations Committee - decides how money is spent

  • Foreign Relations Committee - all treaties go through them

    • Foreign relations items go to Senate

  • Senate Armed Services Committee - authority over military, Department of Defense, military research, etc.

Congress - Basic Work

  • Lawmaking - most pieces of legislation are in the form of bills.

    • Bills = drafts of law

  • Casework - the work done by a lawmaker to help constituents with a problem.

    • Some receive as many as 10,000 requests for info/services a year

  • Helping the District or State - members of Congress also try to bring federal government projects to their district/state

    • Public Works - every year Congress appropriates billions for a variety of projects (post office, military bases, dams, etc.) These bring jobs/money into a state/district

    • Grants and Contracts - government projects and grants that primarily benefit the home district are known as pork-barrel projects

2 Categories (all passed through Congress the same way)

  • Bills - proposed legislation under consideration by the legislature

    • Private - concern individual people or organizations (and their crimes against the government, etc.) ie.

    • Public - veterans benefits, taxation problems, etc. Concern the entire nation and involve general matters (Ex: taxation)

  • Joint Resolutions - no difference between a bill and a joint resolution.

    • Usually used to fix emergency problems.

    • Often used for ONE issue.

    • Ex: Tonkin Gulf Resolution

Role of Legislators

  1. Delegate - vote based on how they think the people in their home state or district would want them to vote.

  2. Trustee - believes that each question they face must be decided on its own merits. They vote based on their own judgment and ideology.

  3. Politico - is a combination of a delegate and a trustee.

From Bill to Law

Steps:

  • 1. Introduction - Every bill starts as an idea, which can come form private citizens, the White House, or special-interest groups.

    • A senator or rep. MUST introduce a bill before Congress will consider it.

    • Each bill is given a title and a number when it’s submitted

    • Congress = Proposal power

  • 2. Committee Action - after a bill is introduced it’s sent to the standing committee that is related to the subject of the bill. The committee can…

    • Pass the bill

    • Mark up/make changes

    • Ignore the bill and let it die (pigeonholing)

    • Kill the bill by majority vote

  • 3. Debating a Bill - bills approved in committee are ready for consideration by the full House or Senate

    • Rules of Debate - House - the Rules Committee sets the terms for debate like putting time limits on discussions, etc.

    • Rules of Debate - Senate - has fewer rules. Senators don’t have time limits.

      • Why filibuster? Senate needs unanimous consent before voting. Can end a filihjbuster with a 3/5 vote for cloture.

  • 4. Voting on a Bill - 3 ways; bills require majority vote (51%) to pass

    • House - voice vote (not tallied), standing vote, recorded vote (vote electronically)

    • Senate - voice vote (not tallied), standing vote, roll call vote (tallied)

    • Bills must pass both House and Senate before going to President.

Action by the President

  • After a bill is approved by both the House and Senate, it goes to the president. The president has 3 options:

    • Sign the bill and declare it a new law

    • Veto (reject bill). Congress can override it with a 2/3 vote.

      • Choose no action - if Congress is in session, after 10 days of no answer, bill becomes law

      • Pocket veto - if Congress adjourns within 10 days after giving the president the bill, the president can choose not to sign it and the bill will NOT become law.

Congress can override a presidential veto with a 2/3 majority vote.

Congress and the Budget

Preparing the Budget

  • Each year, the president and Congress work together to create a budget - a blueprint of how the government will raise and spend money.

  • Federal government fiscal year - October 1 to September 30

Budget Process

  • In February, the president proposes a budget to Congress. Congress then passes a budget resolution which totals revenues and spendings and sets targets for spending in various categories.

  • 2 Types of Spending:

    • Mandatory spending - does not need approval; it is required by law. Ex: social security

    • Discretionary spending - needs approval. Ex: highway construction

  • Next, Congress must pass appropriations bills - which approve spending for a particular activity. Must be approved by House, Senate, and the president.

Revenues and Expenditures

2 Parts to Budget:

  • 1. Revenues - half of federal revenue comes from income taxes (individual/corporate).

    • Second largest source of income is payroll taxes like social security and medicare.

    • Other sources include excise taxes (on goods), estate taxes (upon death), and entry feeds to nationally run places.

      • 3 Types of Taxes:

        • Progressive Tax - tax rates increase as income increases; our U.S. income taxes are set up this way.

        • Regressive Tax - where the tax rate falls for those who are in higher income brackets (as a percentage of their overall income). Ex: sales tax, social security tax, because poorer people spend more “in proportion” to their income.

        • Proportional Tax - tax takes the same percentage of income from everyone, regardless of how much they earn. Ex: NC income tax - 4.75%

  • 2. Expenditures - largest government expenditure is social security.

    • Also national defense

    • The government spends $300 billion on interest payments on our national debt

Why is the president so involved in the budget?

  • Because of the Budget and Accounting Act of 1921. It makes the president responsible for directing the preparation of the budget and making the major decisions about national budget priorities.