American Government Ch. 11 - Congress

Decision of the Court: McCulloch v. Maryland

"We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the Constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people."

Congressional Leadership

*The Constitution provides for the presiding officers of each house--the Speaker of the House and the president of the Senate. *Of the two positions, the Speaker of the House is by far the most important and more powerful within the halls of Congress. *As a member, the Speaker may debate and vote on any matter before the House. If he chooses to do so, however, he must appoint a temporary presiding officer and that member then occupies the Speaker's chair. *The Constitution makes the Vice President the president of the Senate, the Senate's presiding officer. *The Vice President's career path, the route he has traveled to his current post, is a much different path than the one the Speaker has followed. In short, the Vice President has not become the Senate's presiding officer out of long service in that body. *The Senate does have another presiding officer, the president pro tempore, who serves in the Vice President's absence. *The party caucus meets just before Congress convenes in January and occasionally during a session. *Next to the Speaker, the majority and minority leaders in the House and Senate are the most important officers in Congress. *They try to carry out the decisions of their parties' caucuses and steer floor action to their parties' benefit. *The two floor leaders in each house are assisted by party whips. They are, in effect, assistant floor leaders. *The bulk of the work of Congress, especially in the House, is really done in committee. Thus, committee chairmen-those members who head the standing committees in each chamber-also hold strategic posts. *Committee chairmen decide when their committees will meet, which bills they will take up, whether they will hold public hearings, and what witnesses the committee should call.

Demographics of Congress

*Whatever else they may be, the 535 members of Congress are not a representative cross section of the American people. *The median age of the members of the House is just over 55 and of the Senate, 60. *There are more women in Congress today than ever--68 in the House and 14 in the Senate--and they are moving into positions of leadership. *There are now 42 African Americans, 24 Hispanics, 5 Asian Americans, and one Native American in the House. One African American, two Hispanics, one Asian Americans, and one Native Hawaiian sit in the Senate. *Well over a third of the members of the House and well over half the senators are lawyers. *Most senators and representatives were born in the States they represent. *A surprisingly large number of representatives, however, depend on their congressional salaries as their major source of income. *A few senators have held Cabinet seats or other high posts in the executive branch of the Federal Government. *Again, Congress is not an accurate cross section of the nation's population. Rather, it is made up of upper-middle-class Americans, who are, on the whole, quite able and hard-working people.

Congress may also call a ________________ to propose amendments if requested by at least ________________ of the state legislatures, though it has never done so.

... national convention of delegates from each of the States... ...two thirds (34)...

According to the _____________ Amendment, Congress may pick the President and Vice President if no candidate wins a majority in the Electoral College.

...12th...

Only two Presidents have ever been impeached: ________________ and _________________. In August 1974, it was apparent that the House would impeach and the Senate would vote to remove _____________________ from office. As a result, he resigned as President.

...Andrew Johnson, 1868... ...Bill Clinton, 1998... ...Richard Nixon, 1974...

2. It has the power to raise and support ____________.

...Armies...

McCulloch v. Maryland: This case concerned the established of the Second _______________ of the United States. Chief Justice ______________________ delivered the opinion of the Court.

...Bank... ...John Marshall...

4. It may make laws for the ___________ of land and naval forces.

...Government and Regulation...

The President is picked by the ____________, while the Vice President is picked by the ____________. Presidents ____________ and ____________ were picked in this way, as was Vice President ______________.

...House... ...Senate... ...Thomas Jefferson in 1801 and John Quincy Adams in 1825... ...Richard M. Johnson in 1837...

The ____________ must convict anyone who has been impeached by a _______________ vote before they are punished.

...House... ...majority...

7. It can grant letters of __________ and ____________.

...Maryland and Virginia and established the District of Columbia for the nation's capital.

5. It can call forth the ___________.

...Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.

3. It has the power to raise and support a _____________.

...Navy...

Implied powers arise from Article I, Section 8, Clause 18. This clause is known as the _______________ & ___________________ Clause or the ________________ Clause.

...Necessary & Proper... ...Elastic...

Although Congress has some control over foreign relations, the ___________ is primarily responsible for our relations with other countries.

...President...

The ____________________ will preside over trials of impeached presidents.

...Senate...

The ______________ may impeach any civil officer of the United States with a _____________ vote.

...Senate... ...two-third...

Impeachment must be for ______________, _____________, or _______________. The definition of this offense is somewhat vague.

...Treason... ...Bribery... ...other high Crimes and Misdemeanors...

The Court did try to impose a limit on the commerce clause's reach in the 1995 case of ____________ v. ___________. This case struck down the ___________ Act for invading the reserved powers of the states.

...United States v. Lopez... ...Gun-Free School Zone...

This power demonstrates how the Constitution was a major improvement over the ___________. Under it, high trade barriers between the states created ____________ in much of the country.

...United States... ...chaos and confusion...

Congress has the power to ___________, ___________, and ___________ of various federal areas. This includes the power of __________ (the inherent power to take private property for public use). In that case, the 5th Amendment guarantees that the private owners will receive ___________.

...acquire, manage, and dispose... ...eminent domain... ...compensation...

Over the decades, the Court's sweeping definition of commerce has brought ____________ into many areas of American life. One most prominent example:

...an extension of federal authority... 1. It is on the basis of the commerce power that the Civil Rights Act of 1964 prohibits discrimination in access to or service in hotels, motels, theaters, restaurants, and in other public accommodations on grounds of race, color, religion, or national origin.

All major _______________ made by the President must be confirmed by the _____________ by a ____________ vote.

...appointments... ...Senate... ...majority...

8. It may make rules concerning ____________ on land and water.

...captures...

Today, the words "necessary and proper" really read "______________________ and ____________________."

...convenient and useful...

There are eight expressed powers given to Congress dealing with war and national defense: 1. Only Congress may ____________ war.

...declare...

Congress has the power to create all of the ____________ beneath the Supreme Court. It may also define __________ and set ____________ for violators of federal law.

...federal courts... ...federal crimes...punishment...

6. It can provide for the ____________, ___________, and ___________ of it.

...organizing, aiming, and disciplining...

The Constitution gives Congress the power to grant exclusive right to intellectual property in order to ___________ the progress of science and art. It gives us an incentive to be creative.

...promote...

Congress has the power to fix ___________ of measurement. Today, the ___________ is the agency that keeps our standards accurate.

...standard... ...power...

The Senate may approve _____________________ with foreign nations by a _____________ vote.

...treaties... ...two-third...

Congress may propose amendments by a _____________ vote in each house. It has done so _____________ times, though only 27 of them were ratified by the states.

...two-third... ...thirty-three...

The Power to Tax - Limitations

1. Congress may tax only for public purposes, not for private benefit. Article I, Section 8, Clause 1 says that taxes may be levied only "to pay the Debts and provide for the common Defense and general Welfare of the United States...." 2. Congress may not tax exports. Article I, Section 9, Clause 5 declares "[n]o Tax or Duty shall be laid on Articles exported from any State." Thus, customs duties (tariffs), which are taxes, can be levied only on goods brought into the country (imports), not on those sent abroad (exports). 3. Direct taxes must be apportioned among the States, according to their populations: "No Capitalization, or other direct, Tax shall be laid, unless in Proportion to the Census of Enumeration herein before directed to be taken." Wealth (which translate to the ability to pay taxes) is not evenly distributed among the States. So, a direct tax levied in proportion to population would fall more heavily on the residents of some States than it would on others ---- and would, therefore, be grossly unfair. Consequently, Congress has not levied any direct tax -- except for the income tax -- outside the District of Columbia since 1861. 4. Article I, Section 8, Clause 1 provides that "all Duties, Imposts and Excises, shall be uniform throughout the United States." That is, all indirect taxes levied by the Federal Government must be levied at the same rate in every part of the country. These include the federal taxes on gasoline, alcoholic beverages and tobacco products.

The Power to Tax - Kinds of Taxes

1. Direct Tax - one that must be paid directly to the government by the person on whom it is imposed --- for example, a tax on the ownership of land or buildings, or a capitation (head or poll) tax. 2. Indirect Tax - one first paid by one person but then passed on to another. It is indirectly paid by that second person. Take, for example, the federal tax on cigarettes. It is paid to the Treasury by the tobacco company, but is then passed on through the wholesaler and retailer to the person who finally buys the cigarettes.

Recall the two different perspectives on implied powers referenced in Section One.

1. Those powers expressly granted to it by the Constitution. 2. those few other powers absolutely necessary to carrying out the expressed powers.

The Power to Tax - Purpose

1. To lay and collect Taxes, Duties, Imposts, and Excises to pay the Debts. 2. Provide for the common Defense and general Welfare of the United States. 3. All Duties, Imposts and Excises, shall be uniform throughout the United States.

The Commerce Power - Limitations

1. cannot tax exports. 2. cannot favor the ports of one State over those of any other in the regulation of trade. 3. cannot require that "Vessels bound to, or from, one State, be obliged to enter, clear or pay Duties in another." 4. could not interfere with the slave trade, at least not until the year 1808, Article I, Section 9, Clause 1. This last limitation, part of the curious slave-trade compromise at the Constitutional Convention, has been a dead letter for nearly two centuries now.

Congress may conduct investigations for several reasons:

1. gather information useful to Congress in the making of some legislation. 2. oversee the operations of various executive branch agencies 3. focus public attention on a particular subject, from the drug war to movie violence 4. expose the questionable activities of public officials or private persons 5. promote the particular interests of some members of Congress

excise tax

A tax laid on the manufacture, sale, or consumption of goods and/or the performance of services.

The Bankruptcy Power - Definition

Article I, Section 8, Clause 4 gives Congress the power "[t]o establish...uniform Laws on the subject of Bankruptcies throughout the United States."

The Currency Power - Definition

Article I, Section 8, Clause 5 gives Congress the power "[t]o coin Money [and] regulate the Value thereof."

Speaker of the House

By far the more important and more powerful within the halls of Congress.

Implied Powers

By reasonable deduction from the expressed powers.

The Currency Power - Court cases

Congress has the power to establish and require the use of uniform gauges of time, distance, weight, volume, area, and the like.

Non-Legislative Powers

Congress is a legislative body; its primary function is to make law. But the Constitution does give it some other chores to perform as well.

The Currency Power - May states issue currency?

Each of the 13 states issued its own currency.

The Borrowing Power - Limitation

Federal borrowing is most of ten done through the sale of bonds on which interest is paid.

The Commerce Power - Types of Trade Subject to Federal Regulation

Foreign and Interstate Trade

There have been many disputes about the meaning of "commerce." The first major case on this point to reach the Supreme Court was ___________ v. ____________. In it, the court declared that "commerce" should be interpreted broadly.

Gibbons v. Ogden

Necessary and Proper Clause

Gives to Congress the expressed power "to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Office thereof." - Art. I, Sec. 8, Clause 18

Patent

Grants a person the sole right to manufacture, use, or sell "any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvement thereof." It's good for up to 20 years. The term of it may be extended only by a special act of Congress.

Bill to Law Process

House of Representative: Introduction - Title/Name, HR# 1 - name + sponsors, "Hopper" Reading ---> Standing Committee - H.R. 1 referred ---> Subcommittee - Study, hearings, revisions, approval---> Standing Committee - Vote off, Amend/Change, Rider, Pigeon hole - Discharge petition, more hearings and revisions---> Rules Committee - Calendar, to set conditions for debate and amendments---> Floor Action - Yea/Nay: voice vote; roll call vote; H.R. 1 debated, then passed or defeated. If passed, H.R. 1 goes to Senate---> Senate: Introduction - S 1 introduced in Senate---> Standing Committee - Majority leader sends, S. 1 referred--->Subcommittee - study, hearings, revisions, approval--->Standing Committee - More hearings and revisions--->Floor Action - S. 1 debated, then passed or defeated. If passed, S. 1 goes to House. Requires sixty votes--->Conference Committee - Resolves differences between House and Senate versions of bill.--->Congressional Approval - House and Senate vote on final passage. Approved bill is sent to the President--->Presidential Action - President signs, vetoes, or allows bill to become law without signing. Vetoed bill returns to Congress. Veto may be overridden by two-thirds vote of each house.

Make up and Qualifications of each House

House of Representatives: (1) must be at least 25 years of age, (2) must have been a citizen of the US for at least seven years, and (3) must be an in habitant of the State from which he or she is elected. Senate: A senator must meet a higher level of qualifications than those the Constitution sets for a member of the House. A senator must be at least 30 years of age, must have been a citizen of the US for at least nine years, and must be an inhabitant of the State from which he or she is elected.

pocket-veto

If Congress adjourns its session within 10 days of submitting a bill to the President, and the president does not act, the measure dies.

Describe the issue before the Court

In 1816 Congress created the Second Bank of the United States. Its charter came only after another hard-fought battle over the extent of the powers of Congress. Having lost in Congress, opponents of the new bank now tried to persuade several State legislatures to cripple its operations. In 1818 Maryland placed a tax on all notes issued by any bank doing business in the State but not chartered by the State legislature. The tax was aimed directly at the Second Bank's branch in Baltimore. James McCulloch, the bank's cashier, purposely issued notes on which no tax had been paid. The State won a judgement against him in its own courts. Acting for McCulloch, the United States then appealed to the Supreme Court.

Rules Committee

Is sometimes called the "traffic cop" in the lower house. So many measures are introduced in the House each term that some sort of screening is necessary.

Arguments for McCulloch

Issued notes on which no tax had been paid.

Arguments for Maryland

It argued that the creation of the bank had been unconstitutional. The United States defended the concept of implied powers, and also argued that no State could lawfully tax any agency of the Federal Government. In 1818, it placed a tax on all notes issued by any bank doing business in the State but not chartered by the State legislature.

The __________ allows Congress to establish offices and roads, and punish people for abusing either.

Postal Power

expressed duties (of Congress)

Power to Tax - The power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the U.S. Borrowing Power - The power to borrow Money on the credit of the U.S. Commerce Power - The power to regulate interstate and foreign trade. Currency Power - The power to coin Money and regulate the Value thereof. Bankruptcy Power - The power to establish...uniform Laws on the subject of Bankruptcies throughout the U.S. Foreign Relations Powers - Shares power in the field with the President, who is primarily responsible for the conduct of our relations with other nations. War Powers - The power to deal with war and national defense. The Constitution makes the President the commander in chief of the nation's armed forces, and, as such, the President dominates the field. Naturalization - The exclusive power to establish the uniform Rule of Naturalization." Postal Power - The power to establish Post Offices and post Roads. Copyrights and Patents - The power to promote the Progress of Science and useful Arts, by Authors and Inventors the exclusive Right to their respective Writings and Discoveries. Weights and Measures - The power to fix the Standard of Weights and Measures throughout the U.S. The power reflects the absolute need for accurate, uniform gauges of time, distance, area, weight, volume, and the like. Power Over Territories and Other Areas - The power to acquire, manage, and dispose of various federal areas. Judicial Powers - The power to create all of the federal courts below the Supreme Court and to structure the federal judiciary.

The Borrowing Power - Difference between a Deficit and Debt

The Constitution does not limit the amount the government may borrow.

President of the Senate

The Senate's presiding officer. This fact means that: 1. unlike the House, the Senate does not choose its own presiding officer 2. unlike the Speaker of the House, the Senate's presiding officer is not in fact a member of the body over which he presides.

Copyright

The exclusive right of an author to reproduce, publish, and sell his or her creative work. That right may be assigned -- transferred by contract -- to another, as to a publishing firm by mutual agreement between the author and the other party. They are registered by the Office in the Library of Congress. Under present law they are good for the life of the author plus 70 years.

gerrymander

The lines are drawn either: 1. to concentrate the opposition's voters in one or a few districts, thus leaving the other districts comfortably safe for the dominant party; or 2. to spread the opposition as thinly as possible among several districts, limiting the opposition's ability to win anywhere in the region. It's goal is to create as many "safe" districts as possible--districts almost certain to be won by the party in control of the line-drawing process.

Naturalization

The process by which citizens of one country become citizens of another. Article I, Section 8, Clause 4 gives Congress the exclusive power "[t]o establish an uniform Rule of Naturalization." Today our population includes more than 11 million naturalized citizens.

whip

They, both majority and minority, are in effect, assistant floor leaders.

impeach

To accuse, bring charges.

The Borrowing Power - Purpose

To borrow money on the credit of the U.S.

The Bankruptcy Power - Recent Trend

Today federal bankruptcy law is so broad that it all but excludes the States from the field. Nearly all bankruptcy cases are heard now in federal district courts.

President Pro Tempore

Who serves in the Vice President's absence.

sponsor

a person who introduces and supports a proposal for legislation.

bill

a proposed law presented to the House or Senate for consideration.

rider

a provision not likely to pass on its own merit that is attached to an important measure certain to pass.

filibuster

an attempt to "talk a bill to death." It is a stalling tactic, a process in which a minority of senators seeks to delay or prevent Senate action on a measure.

Expressed Powers

explicitly, in its specific wording

sanctions

penalties for breaking laws

implied powers (of Congress)

powers that are not set out in so many words in the Constitution but are implied by those that are.

reapportionment

redistribute- give out again or differently

veto

refuse to sign the bill.

pigeonhole

slots into which papers were put and often soon forgotten.

impost

tax