American Government: Legislative Branch Unit-Structure &

Powers of Congress

GPS

• SSCG4 The student will demonstrate knowledge of the organization and powers of the national government.

• A. Describe the structure and powers of the legislative, executive, and judicial branches.

The Structure of Congress• Congress is “bicameral” or made of two

houses which are the House of Representatives and the Senate

• Bicameralism is historical (British Parliament, most colonial assemblies, most state legislatures)

• Settled conflict between large & small states over representation during the Constitutional Convention (Great Compromise) (Equal representation in the Senate & by Population in the House of Reps.)

• Bicameralism allows one house to check the other & keeps the legislative branch from dominating the other two branches

The Structure of Congress: Terms

• Terms of Congress last for 2 years & begins on Jan. 3 of every odd numbered year

The Structure of Congress: Sessions• A session is the period of time each year that

Congress meets and conducts business• There are two sessions each term (one per

year)• Constitution requires at least one session a

year• Congress convenes & adjourns as it sees fit• One house can’t adjourn without consent of

the other• The President has the power to end

(prorogue) a session when Congress can’t agree on adjournment. (never used)

• Several short recesses during the year

The Structure of Congress: Special Sessions

• Only the President can call a special session which is a meeting to deal with an emergency situation

• One house can be called alone into session (usually the Senate to consider presidential appointments or treaties)

• Special session are rare now that Congress meets almost year round

The Structure of Congress: Ch. 10 Sec. 1 Reading Assignment pp. 268-271

1. Where does the Constitution indicate the structure of the legislative branch?

2. What is the only state today that does not have a bicameral legislature?

3. Why did the large states want representation by population and the smaller states equal representation?

4. What did Madison say in the Federalist No. 51 would be the remedy for a predominate legislative branch?

The Structure of Congress: Ch. 10 Sec. 1 Reading Assignment pp. 268-271

5. What might never have been if the Framers were unable to agree on equal representation in the Senate?

6. How long does a term of Congress last? What are the dates?

7. How often does the Constitution require that Congress meet?

8. Briefly define the terms convene, adjourn, and recess.

9. Who has power to end (prorogue) a session if Congress cant agree on adjournment?

10.Think of three reasons why the president might call a special session of Congress.

The Structure of Congress: Ch. 10 Sec. 1 Reading Assignment pp. 268-2711. Article I Section 12. Nebraska3. Large states wanted more power since they had more

population; small state did not want to be overrun by large states

4. Divide Congress into two branches5. The Constitution6. 2 years; noon Jan. 3 each odd year to Noon Jan 37. Once per year8. convene=start; adjourn=end a session;

recess=temporarily suspend a session9. The President10.War, economic crisis, natural disaster, confirm

appointment of a new Supreme Court Justice

Powers of Congress: Expressed Powers• Congress has powers delegated

(granted) to it by the Constitution in three ways:

• 1. by specific wording written in the Constitution (expressed or enumerated)

• 2. by reasonable deduction from expressed powers (implied)

• 3. by created a U.S. national government (inherent)

Powers of Congress: Expressed Powers• Expressed/enumerated powers are in

Art. I Sec. 8; 18 clauses & 27 powers• Most implied powers (most of what

Congress does) comes out of the commerce and tax powers

The Commerce Power

• Commerce is buying and selling of goods and services

• Commerce power allows Congress to regulate interstate & foreign trade

• Gibbons v. Ogden (1824) was the first Supreme Court case over commerce ruled that the state of NY could not interfere with Congress power to regulate interstate commerce

Limitations on the Commerce Power• 1. cannot tax exports• 2. cannot favor the ports of one state over

another in trade regulation• 3. cannot require vessels going to or from

one state to enter, clear, or pay duties in another

• Couldn’t interfere with slave trade until 1808 (when it was federally abolished)

The Power to Tax: Purpose of Taxes• A tax is a charge levied by government

on persons or property to raise money to meet public needs

• Protects the economy from foreign competition (tariffs)

• Protect public health/safety (federal licensing for narcotics)

The Power to Tax: Limits

• Can’t tax church services (violates 1st Amendment)

• Can’t tax for private benefit• Can’t tax exports• Direct taxes must be apportioned

among the states according to population

• Indirect taxes must be levied at the same rate in all parts of the country

Borrowing Power

• No limits on how much the U.S. may borrow or on the purposes for borrowing

• The Treasury actually borrows by issuing Treasury Notes (T-bills) which is like an IOU

• Congress sets a debt ceiling but keeps raising it when more money needs to be borrowed

• U.S. government has practiced deficit financing since the 1930’s & the current federal debt tops $18 trillion

Bankruptcy Power

• A bankrupt individual company, person, or organization is one that cant pay its debts

• Bankruptcy is the legal proceeding to distribute the bankrupt’s assets to those who are owed

• Also a concurrent power

Currency Power

• Provides the U.S. with a uniform, stable monetary system

• Legal tender: money creditors must accept for payment by law

• Congress first issued national paper currency as legal tender in 1862

War Powers

• Only Congress can declare war• Only Congress can raise/support

armies, maintain a navy, & make rules to govern the military

• Congress can “call forth the militia” (today the National Guard)

• Congress can grant letters of marque & reprisal (a form of legalized piracy)

• Congress can make rules concerning captures on land and water

War Powers Resolution (1973)• Allows the President to call troops in to

action if 1) Congress has declared war 2) Congress authorizes military action or 3) an attack on the U.S. or its forces has occurred

• In the 3rd situation, the President must report to Congress within 48 hours & the action must end within 60 days unless Congress extends it. Congress can end the commitment at any time.

Domestic Powers• Issue copyrights & patents• Copyright: exclusive right to reproduce,

publish, sell one’s creative work• Patent: sole right to manufacture, use,

or sell a new invention or idea for 20 years

Domestic Powers

• Postal service• Regulate Washington, DC and federal

territories (Puerto Rico, Guam, etc.)• Acquire property by purchase, gift,

eminent domain, by admitting new states, by the war powers or by treaty

• Fixing standard weights/measures• Rules of naturalization

Judicial Powers

• Congress can create all federal courts below the Supreme Court

• Defines federal crimes and punishments (counterfeiting, piracy, felonies on the high seas, offenses against int’l law are in the expressed powers)

Implied Powers

• Fall under the “Necessary & Proper” Clause (Art. I Sec. 8 Clause 18) or Elastic Clause

• Not written in the Constitution but drawn from those that are.

Strict vs. Liberal Constructionist

• Strict Constructionists like Jefferson believed that Congress should only use implied powers that were absolutely necessary to carry out expressed powers; also, that the states should keep as much power as possible

• Liberal (loose) Constructionists like Hamilton believed in a broad interpretation of implied powers

Non-Legislative Powers of Congress• Constitutional Amendments: Congress

can propose amendments with 2/3 vote in each house

• Electoral Duties: House of Reps. elects the president if no one receives a majority of electoral votes;

• If the president has to nominate a vice-president in case of a vacancy, both houses must vote to approve the nominee

Non-Legislative Powers of CongressImpeachment: • House of Reps. may impeach

(formally charge/accuse) the president or other civil officers

• the Senate holds the trial & votes on whether or not to convict (requires 2/3 majority)

Non-Legislative Powers of CongressExecutive Powers:• Senate must confirm nominations by

the president for executive & judicial offices

• Senate must also ratify treaties negotiated by the president

Non-Legislative Powers of CongressInvestigative Powers:• Either house can conduct investigations to:1. Gather information necessary to create laws2. Oversee operations of executive branch

agencies3. Focus public attention on a particular

matter4. Expose the questionable activities of a

person (public or private) or group5. Promote particular interests of some

members of Congress

Non-Legislative Powers of CongressCongress also stays informed by the following agencies:• Congressional Budget Office: provides

information on taxing, spending, or other budget matters

• Congressional Research Service: provides members with factual information on most any subject

• Government Accountability Office: Congress’ watchdog to monitor work of the Federal Government report findings