Review 1.What are the responsibilities of the whips? 2.Why does the Vice President not participate in debate in Congress? Why does he only vote if there.

Review

1. What are the responsibilities of the whips?2. Why does the Vice President not participate

in debate in Congress? Why does he only vote if there is a tie?

3. Why would a conference committee be formed? Who would comprise the committee?

Ch 6 and 7

Powers of CongressHow a Bill Becomes a Law

Legislative Powers

•Taxing and Spending Power–Revenue bills (House only) – raising money

- Ways and Means committee

- www.waysandmeans.house.gov

–Appropriations bills – spending money

Legislative Powers

Other Money Powers–Borrow money

–Sale of government securities (bonds)

–Coin money and regulate its value

–Laws concerning bankruptcy

- determine assets of person/business

Legislative Powers•Commerce Power

–Regulate foreign commerce

–Regulate interstate commerce – trade b/w states

- Commerce ex: broadcasting, pollution, banking

•Foreign Policy Powers

–Declare war

–Create and maintain military

Legislative Powers

•Providing for the Nation’s Growth

–Naturalization – process for immigrants → citizens

–Admit new states

–Pass laws for territories

–Pass laws to govern federal property

Legislative Powers

•Other Legislative Powers

–Copyrights (lifetime of creator + 50 yrs.)

–Patents (17 years, renewable)

–Establish post offices and federal courts

Non-legislative Powers of Congress• Power to Choose the President– If no candidate receives the majority needed to win

the House chooses the President from three top vote getters; Each state gets one vote• Happened 2 times

– 1800 – Thomas Jefferson– 1824 – John Quincy Adams

– Senate chooses the VP• Possible to have a president and vice president from different parties

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Non-legislative Powers of Congress

• Removal Power– Impeachment – formal accusation of misconduct in office– Majority of House to impeach– Senate conducts a trial– Chief Justice presides– 2/3 of Senators present to convict and remove– Andrew Johnson and Bill Clinton have been impeached

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https://www.youtube.com/watch?v=UEmjwR0Rs20

https://www.youtube.com/watch?v=VBe_guezGGc#aid=P9NsnjWefeA

Non-legislative Powers of Congress

• Confirmation Power– Approve presidential appointments

• Ratification Power– Senate ratifies treaties

• Amendment Power– Shared with state legislatures– Amendment proposed with a 2/3 vote of both

houses

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Investigative Powers of Congress• Investigations– Committees can hold investigations

• Power to subpoena– Legal order that a person appear or produce

documents• Perjury– Congress can require a person to testify under

oath– Perjury is lying under oath

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Investigative Powers• Contempt– Witnesses who refuse to testify, produce

documents, or otherwise do not cooperate• Immunity– Freedom from prosecution for witnesses whose

testimony links them to illegal activities

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Question

• What does it mean if something is implied?

Congressional Powers

• Expressed – written in the Constitution as a power of Congress

• Implied – powers Congress has based on the expressed powers; needed to carry out expressed

• Ex: Expressed power - declare warImplied power – institute draft to raise an army

Powers of Congress

• Denied Powers - Congress CANNOT – Suspend Writ of habeas corpus –person accused

of a crime must be brought to court to determine if they have been legally detained

– Pass Bills of attainder – laws that establish guilt or punishment without a trial

– Pass Ex post facto laws – laws that make crimes of acts that were legal when they were committed

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Congressional Legislative Oversight• Legislative Oversight –review how executive

branch carries out laws• Checks and balances at work

Congressional support agencies• Library of Congress• Congressional Budget Office (CBO) – finance experts• General Accounting Office (GAO) – check spending• Government Printing Office (GPO) – Congress’ record

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Congress and the PresidentThings that prevent President and Congress from working together smoothly• Party politics- flow of legislation affected by party

in power, Congress and White House; different agendas and timetables

• Organization- can impede President - Procedural rules, committee structure

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Congress and the President

Laws related to checks and balances• 1974 Congressional Budget and Impoundment

Control Act- President cannot refuse to spend $ (impoundment) that Congress has voted to fund unless both houses of Congress agree with request

• Legislative veto- review/cancel acts of executive branch; declared unconstitutional 1983

• Line-item veto- declared unconstitutional 1998

Review Questions

1. What is an implied power?

2. How does party politics effect the flow of legislation through Congress to the President?

3. What are ex post facto laws?

Chapter 7- Congress at Work

Congress at WorkHow a Bill Becomes a Law

• Types of Bills and Resolutions–Private Bills – deal with individual people or

places• Ex: armed service decorations

–Public Bills - deal with the entire nation–Simple Resolution – deal with unusual or

temporary matter, one house only, not sent to president• Rules for how chamber operates

Congress at WorkHow a Bill Becomes a Law

• Types of Bills and Resolutions Continued– Joint resolutions – passed by both houses and a

presidential signature gives it the force of law– Concurrent Resolutions – requires action of both

houses when a law is not needed• Awards, recognition

– Riders – provision on a subject other than the one covered on a bill

Congress at WorkHow a Bill Becomes a Law

• Only about 10% of bills become laws– Why• Process is long and complicated (over 100

steps)• Sponsors must be willing to bargain and

compromise• Introduction of bills that members know will

not become laws

Congress at WorkHow a Bill Becomes a Law

• Introducing a Bill– Idea for a new bill– Members of Congress introduce new bills• Drop in hopper (HOR only)• Presiding officer recognizes a Senator

– Bills are printed, distributed, and introduced (first reading)

Congress at WorkHow a Bill Becomes a Law

• Committee Action– Bills are sent to committee– Bills can be ignored and left to “die”, this is known

as pigeonholing – Kill by majority vote– When committees accept a bill, it can be

rewritten, amended, or recommended for adoption.

Congress at WorkHow a Bill Becomes a Law

• Committee Hearings– Listen to testimony of witness including experts on

the subject of the bill, government officials, or special interest groups

– Used to gather information– Can be used to influence committee or public

opinion

Congress at WorkHow a Bill Becomes a Law

• Markup Sessions– Decide what changes need to be made, if any– Majority vote of committee is needed to make

changes to a bill• Reporting a bill– Send to House or Senate for action with a written

report

Congress at WorkHow a Bill Becomes a Law

• Floor Action– Debating and amending– Voting• Quorum needed – majority of members• Majority of quorum to approve• Ways of voting– Voice Vote– Standing Vote (Division Vote)– Roll-call vote– Recorded Vote – electronic, displayed (House only)

Congress at WorkHow a Bill Becomes a Law

• Final Steps– Conference Committee Action – work out

differences between the two houses– Try to reach compromise– Create a final bill called a conference report– The bill then must be submitted to each house of

Congress for final action.

Congress at WorkHow a Bill Becomes a Law

• Presidential Actions– Signature – Bill becomes a law– 10 days if Congress is in session with no presidential signature

becomes a law– Veto – rejection of a bill

• Pocket Veto – refuse to act on a bill passed during the last 10 days Congress in session

• Congressional Override– 2/3 vote

• Registering Laws– With National Archives and

Records Service• Labeled Public or Private

Page 185

Legislative Branch Key Terms• Ways and Means Committee (House) – works on tax

laws• Authorization bills – sets up a federal programs and

decides how much money to spend on the program• Appropriations bills- provides the money needed to

carry out the many laws Congress passes• Entitlements – expenditures for social programs

that continue from year to year• Lobbyists – representatives from special interest

groups

Legislative Branch Key Terms• Lobbying – efforts to persuade officials to support a point

of view• PACs – Political Action Committees – political fund-raising

organizations• Influence of voters- meet with rep., letters, phone calls,

surveys, polls, workers• Casework – helping constituents with problems• Public works bills – deal with local projects• Pork-barrel legislation – laws to appropriate money for

local federal projects• Log-rolling- agreement between two or more lawmakers

to support each other’s bills