Congress Powers

Initial House/Senate Comparison

  • Overview of representative roles and powers

  • Examination of constitutional powers

  • Discussion on the reasons for bicameralism

  • Analysis of how institutional differences may influence member behavior

Congress's Representative Roles and Powers

  • The Founders institutionalized representative functions in Congress.

Evolution of Representative Roles

  • Representative roles have evolved into three ideal types:

    1. Delegate

    • Represents constituents' direct preferences, voting in line with their wishes.

    1. Trustee

    • Makes decisions based on personal judgment and the common good, sometimes against constituents' immediate desires.

    1. Politico/Hybrid

    • A blend of delegate and trustee roles; balances constituent preferences with personal judgment.

Most Important Powers of Congress

  • Congress has several critical powers outlined in the Constitution, particularly in Article I, Section 8, Clauses 1-18:

    • Pass Laws

    • Primary function of Congress.

    • Sword and Purse

    • Refers to the power to levy taxes and determine spending, also known as the power of the purse.

    • Specific Powers

    • Clause 1: Grants Congress the power to tax and spend.

    • Economic Prosperity: Congress plays a key role in shaping national economic policies.

    • Security: Congress has responsibilities regarding national security.

  • James Madison (Federalist 48):

    • Asserted that the legislature “alone has access to the pockets of the people.”

    • Emphasized the distinction of powers regarding war: the President conducts war but is not the proper judge on the commencement, continuation, or conclusion of war decisions.

Powers and Limitations of Congress

  • Congress has expanded its powers through specific clauses:

    • Clause 18: Known as the "elastic" or "necessary and proper" clause, it allows Congress to enact laws essential for exercising its enumerated powers.

    • Clause 3: The "Commerce Clause," which provides Congress the power to regulate interstate commerce.

  • Limitations on congressional powers are primarily found in Article I, Section 9, which outlines specific prohibitions.

Unique Powers of Each Chamber

  1. House of Representatives:

    • Has the exclusive power to impeach federal officials.

  2. Senate:

    • Holds the power to conduct trials for impeachments.

    • Revenue-raising bills must originate in the House.

    • Confirms ambassadors, federal judges, and executive appointees (simple majority vote).

    • Ratifies treaties (requires a two-thirds majority vote).

Bipartisan and Separation of Powers

  • James Madison and the Separation of Powers:

    • Bicameralism is rooted in the principle of separation of powers.

    • It integrates two proposals:

    1. Virginia Plan: Advocated for a national representation.

    2. New Jersey Plan: Emphasized federal representation.

    • Connecticut Compromise (1787): Merged the two views, establishing a bicameral legislature.

Why Bicameralism?

  • Inquiry into whether the two chambers behave differently and the implications thereof.

Differences in Structural Incentives and Behaviors

  • Examination of the structural dissimilarities between the chambers and their impact on behavior:

    • Different Constituencies:

    • Variation in election mechanisms:

      • Prior to the 17th Amendment (1913): Senators were elected by state legislatures.

      • Post-17th Amendment: Senators are elected by popular vote, similar to House members who are elected by district-wide popular vote.

    • Differences in Chamber Size:

    • Size affects the dynamics and behavior of members.

    • Different Tenures in Office: The length of terms influences members' legislative strategies and priorities.

Behavioral Implications Due to Chamber Size

  • Differences in Behavior

    • Chamber Size: Can significantly impact how members behave, illustrated through:

    1. Decision Making: Influences how legislations are handled in each chamber.

    2. Rules of Procedure: Variances in procedural rules between the two chambers affect legislative processes.

    3. Degree of Specialization: The extent to which members become specialized in certain areas of policy or legislation, which may vary between chambers.