The Two Houses of Congress

Transcription

1 Print Congress makes the federal laws that affect all Americans. The Two Houses of Congress Why is Congress composed of a House of Representatives and a Senate? Congress creates our nation s laws. Both the Senate and the House of Representatives have their own special rules and procedures. Why is Congress divided into two houses, each with its own special character? When writing the Constitution in 1787, the Framers wanted to create a Congress with the power to pass laws. They had a problem, however. They could not agree about how the states should be represented in this Congress. Delegates from the smaller states wanted each state to have equal representation. Those from the larger states wanted votes in Congress to be based on population. This would give them more power. In the end, the Framers reached a compromise. They made Congress a two-part, or bicameral, body. In the Senate, each state would have an equal number of representatives two. In the House of Representatives, the number of members for each state would be based on its population. The Framers wanted the legislative branch of government to have more power than the other two branches. They described Congress in the first part of the Constitution, Article I. As James Madison said, Congress is the First Branch of this Government. Every year, 535 of our fellow citizens gather inside the U.S. Capitol in Washington, D.C. There, they make new laws and address the many issues facing our country. These are our elected representatives, the members of Congress. Terms and Sessions The government calendar is set by law. Each Congress lasts for a term, or a period of time, of two years. Each Congress usually starts on January 3 of odd-numbered years and lasts for two years. Each new Congress is numbered to identify its two-year term. For example, the first Congress met in 1789, and the 112th Congress is in session from January 2011 to January Each Congress is divided into two sessions, or meetings. A typical session of Congress today lasts from January until November or December. Congress may also meet during special sessions or in times of crisis. A joint session occurs, or happens, when the House and Senate meet together. The two chambers have joint sessions to do business as a unit or to hear a presidential speech. The House of Representatives The House of Representatives is the larger of the two houses of Congress. It has 435 voting members who are divided among the states on the basis of their population. These representatives serve two-year terms. The United States Constitution allows each state at least one representative, no matter how small its population. Every 10 years, a census, or population count, is taken by the Census Bureau. Congress then adjusts, or changes, the number of representatives given to each state based on the census results. States that have gained enough people since the last census might get one or even two more House members. Those that lose people might lose one or more seats. Each state is divided into one or more congressional districts. One representative, or House member, is elected by the voters of each district. State legislatures must draw the boundaries of these districts. Legislatures are required to draw the districts so that they each include roughly the same number of constituents (kuhn STIHCH wuhnts), or people represented. Sometimes lawmakers abuse their power to draw district lines. They might draw these lines to favor one political party over another, for instance. This practice is called gerrymandering. A gerrymander is an oddly shaped district designed to increase the voting strength of a particular group. Suppose that one party has a strong majority in the state legislature. That party would be able to control how the map is drawn for new House districts. In that case, party members might draw the lines so that as many districts as possible have voters from their party outnumbering those from other parties. Laws have tried to limit gerrymandering, but the practice has not been stopped. The House of Representatives also has six nonvoting members. One represents the people of the District of Columbia. The other five represent the people of Puerto Rico and four island territories in the Pacific Ocean. These six members do not vote on bills being considered in the House. The Senate The Senate has 100 members, with two coming from each of the 50 states. Each senator represents his or her entire state rather than a particular district. Senators serve six-year terms. However, elections are staggered. This means that no more 1 of 4 2/10/15, 7:28 AM

2 than one-third of the senators are running for reelection at any one time. The remaining two-thirds of the senators ensure that the Senate is stable through each election. This helps shield the Senate from sudden shifts in public opinion. A senator may die or resign before the end of his or her term. How the vacant seat is filled depends on state law. In most states, the governor can name someone to fill the empty position. That person will hold the office until there is an election. Most states wait until the next regular election to choose a permanent new senator. Other states will call for a special election to be held sooner. Congressional Leadership In both the House of Representatives and the Senate, the political party to which more than half of the members belong is known as the majority party. The other party, with less than half of the members, is called the minority party. At the beginning of each new Congress, each party s members in each house choose the party s leaders to direct its activities. Each political party chooses its leader, called either the majority or the minority leader, depending on that party s position in the new Congress. Each leader speaks for his or her party on issues that come up in that house. Each leader tries to push along and sway votes in favor of bills supported by his or her party. An assistant leader, called a whip, helps each party leader. For example, the whip makes sure legislators are present for key votes. Top Leadership in the House In addition to these party leaders, each house of Congress has one presiding officer. In the House of Representatives, this leader is called the Speaker of the House. Members of the majority party choose the Speaker at a caucus, or closed meeting. The rest of the House then approves the choice of Speaker. The Speaker of the House has great power. He or she presides over the House and leads its majority party. The Speaker guides legislation through the House and leads floor debates. If anything happens to the president and vice president, the Speaker is next in line to become president, provided he or she is legally qualified. Speakers rely on persuasion and the power of their position to influence other House members. On a typical day, the Speaker may talk with dozens of members of Congress. Often the Speaker listens to requests for a favor. In return for meeting such requests, the Speaker expects the representatives support on important issues. The office of the Speaker is mentioned in the Constitution. That document gives no other details about the office or its powers, however. The duties of the office have developed over time, shaped by the actions of the people who have served as Speaker. Top Leadership in the Senate Like the House, the Senate needs a presiding officer. That person runs the sessions of the Senate and keeps order. The presiding officer in the Senate is the vice president. The vice president differs from the Speaker of the House in an important way. The Speaker can vote on any matter before the House. The vice president, however, can vote in the Senate only when there is a tie. The vice president cannot always be present when the Senate is in session, though. When he or she is absent, a temporary officer fills in. That officer is named the president pro tempore (proh TEHM puh ree) meaning for the time being. He or she is from the majority party and is usually its most senior member. The president pro tempore is also in the line of succession to fill the presidency, coming after the Speaker of the House. Recalling How many members are there in the House? The Senate? The Committee System Why are members of Congress assigned to work on committees? In a single session, each house of Congress handles thousands of bills, or proposed laws. In order to carefully consider so many bills at one time, each house has set up many different committees. The committee system makes Congress s large workload easier. President Woodrow Wilson noted the importance of committees. "It is not far from the truth to say that Congress in session is Congress on public exhibition, whilst Congress in its committee rooms is Congress at work." Types of Committees -Woodrow Wilson, Congressional Government, of 4 2/10/15, 7:28 AM

3 Congress has three types of committees. They are standing committees, select committees, and joint committees. Standing committees are permanent, meaning they are used each term. They focus on specific areas of government work. For example, both the Senate and the House have standing committees to deal with agriculture, commerce, and veterans affairs. The House and Senate sometimes form temporary committees to deal with special issues. These select committees meet for a limited time until they complete their assigned task. Occasionally, the Senate and the House form joint committees, which include members of both houses. Joint committees meet to consider specific issues. Serving on Committees Newly elected senators and representatives try to get placed on committees that affect the people who elected them. For example, members of Congress from farm areas might want to serve on agriculture committees. Those with many factories in their districts might be interested in serving on labor committees. It is the task of party leaders to make committee assignments. In doing so, they consider members interests, experience, and loyalty to their party. Another key factor is seniority, or years of service. The senators and representatives who have been in Congress longest usually get to serve on the most favored or most powerful committees. The longest-serving committee member from the majority party usually becomes the chairperson. The person in this position has a great deal of power. Chairpersons decide when and if a committee will meet. They also decide which bills will be studied and who will serve on each of the subcommittees. The longest-serving committee member from the minority party leads the members of that party in the committee. He or she is called the ranking minority member. Some people think the seniority system is a good idea. They say that it prevents fights over committee jobs. They also say it ensures that chairpersons will have experience. Opponents complain that talented committee members may be overlooked in favor of those who have simply been around for a while. There has been so much criticism of the seniority system over the years that both political parties have moved slightly away from it. The senior majority party member still usually becomes the committee chair. It is no longer guaranteed, however. Identifying What are the three types of committees? 21st Century SKILLS Paraphrasing Reread the primary source quotation from Woodrow Wilson s Congressional Government. What did Wilson mean? Write a paraphrase putting Wilson s idea in your own words. 21st Century SKILLS Researching on the Internet Use the Internet to find the names of your representative and two senators. Then go to their Web sites to find out what committees and subcommittees they serve on. Make a chart that lists all the committees. In another column of the chart, state what kinds of issues each committee and subcommittee handles. LESSON 1 REVIEW Review Vocabulary 1. How does the census affect representation in the House of Representatives? 2. How do states divide the number of constituents in their congressional districts? How are constituents divided in a gerrymander? 3 of 4 2/10/15, 7:28 AM

4 3. What determines which is the majority party and which is the minority party in each house? Answer the Guiding Questions 4. Expressing Why are the two houses of Congress good places to discuss issues that might require new laws? 5. Explaining Why does Congress rely on the committee system? 6. ARGUMENT Do you think that government by committee makes the role of individual members of Congress less important? Express your opinion in a paragraph. Give reasons to support your opinion. 4 of 4 2/10/15, 7:28 AM

5 Print The Framers gave Congress many powers and also placed some limits on those powers. Legislative Powers What kinds of lawmaking powers were given to Congress by the Constitution? Have you noticed the rating given to a video game? That rating is required by law. You can thank Congress for that law. Congress has enormous influence over life in the United States. Its decisions affect our nation s society and economy. Its actions also affect your family and your life. In fact, the actions taken by Congress even affect many people living in other nations. Understanding what powers Congress has and how those powers are limited is vital knowledge for every American citizen. Expressed Powers Most of the powers that the Constitution gives to Congress are listed in Article I, Section 8. These powers that are clearly stated in that document are called the expressed powers or the enumerated powers of Congress. There are 18 clauses listing powers specifically given to Congress. Clause 5, for example, says, The Congress shall have the Power... To coin Money. Implied Powers Certain powers are given to Congress even though they are not specifically stated in the Constitution. The source of these powers is Article I, Section 8, Clause 18. This clause says that Congress has the power to do whatever is necessary and proper to carry out its expressed powers. The powers that Congress has because of Clause 18 are called implied powers. This means they are not stated directly in the Constitution but can be understood to be granted. Clause 18 is often called the elastic clause because it has allowed Congress to stretch its powers to meet new needs. For instance, the Constitution does not state that Congress has the power to hire millions of people to work in the Defense Department. Under the elastic clause, though, Congress has done just that. It did so as part of its expressed power to support the armed forces. Lawmaking Powers Most of Congress s powers relate to making laws. As the chart on the powers of Congress shows, many lawmaking powers fall into one of three major categories money, commerce, and military and foreign policy. Congress has the power to raise and spend money. That includes the power to require people to pay taxes and the power to print money. Congress can also regulate, or manage, commerce that takes place across state lines. Commerce is the business of buying and selling goods and services. Finally, Congress makes laws about defense matters, war, and foreign policy issues. Congress has the power to create and maintain armed forces. Congress alone has the power to declare war. Other lawmaking powers do not fit into these categories.the Constitution also gives Congress the power to create a postal service and a federal court system. In addition, Congress has the power to set up the government of Washington, D.C. Expressing Why is the "necessary and proper" clause also called the elastic clause? Other Powers and Limits government? What powers does Congress have to check the powers of the other branches of The most important duty of Congress is to legislate, or make laws. Congress also has a number of duties and responsibilities besides making laws. These powers are called nonlegislative powers. Nonlegislative Powers One nonlegislative power is the ability of Congress to suggest amendments to the Constitution. Among the most important 1 of 3 2/10/15, 7:28 AM

6 nonlegislative powers of Congress, though, are those that allow it to check the other branches of government. Some of these are set forth in the Constitution. Others have developed over time. The Senate has the power to approve or reject the president s nominees for various offices. The offices include Supreme Court justices, federal judges, and ambassadors. The Constitution also allows Congress to remove from office any federal official involved in serious wrongdoing. This action must follow a two-step process. The House has the power to impeach, or accuse officials of misconduct in office. A majority vote of the House is needed to impeach an official. The Senate then holds a trial of the official. The Senate also acts as a jury to decide the official s guilt or innocence. A two-thirds vote in the Senate is necessary to convict an official and remove him or her from office. The House of Representatives has rarely used its right to impeach. Most often, the power is used for federal judges. Only two presidents have been impeached: Andrew Johnson in 1868 and Bill Clinton in Both presidents stood trial in the Senate. In both cases, the Senate did not find them guilty. As a result, they were not removed from office. Limits on Congressional Powers The Constitution explains not only what Congress may do but also what it may not do. Some limits are imposed by the Bill of Rights. The purpose of the Bill of Rights was to limit or deny certain powers to the federal government. For example, Congress may not pass laws that restrict freedom of speech or freedom of religion. The Constitution places other limits on the powers of Congress. Many of these limits are found in Article I, Section 9. For instance, Congress may not favor one state over another, tax interstate commerce, or tax exports. The Framers wanted to be sure to prevent Congress from abusing power. As a result, Section 9 also forbids Congress from passing laws that would hurt the legal rights of individuals. For example, Congress cannot block the writ of habeas corpus (HAY bee uhs KAWR puhs), except in times of rebellion or invasion to protect public safety. This writ is a court order that requires police to bring a prisoner to court to explain why they are holding the person. In addition, Congress cannot pass bills of attainder. These are laws that punish a person without a trial. Congress is also prevented from passing ex post facto laws. These are laws declaring that an act is a crime after the act has been committed. Other limits on the powers of Congress result from the fact that the Constitution sets aside many powers for the state governments. Those powers are denied to the federal government. Congress cannot interfere with these powers, such as the right to regulate public schools. Further limits come from the powers that are given to the other branches to check the powers of Congress. The Supreme Court can declare laws passed by Congress to be unconstitutional. The president can veto, or say no to, bills passed by Congress. This prevents those bills from becoming laws. In this case, Congress has its own check on the power of the president. If both the Senate and the House of Representatives can get a two-thirds vote, they can override the president s veto. Considering Why do you think the Constitution forbids Congress from passing ex post facto laws? 21st Century SKILLS Critical Thinking: Drawing Inferences and Conclusions Removing a federal official from office is a joint effort of Congress. Only the House can impeach, or accuse, someone. But only the Senate can conduct the trial.then, a two-thirds vote by the Senate is needed to decide that the official is guilty. Why do you think the impeachment process is used only rarely for top officials? Why does the Constitution involve both houses? LESSON 2 REVIEW Review Vocabulary 1. How is the elastic clause related to Congress's implied powers? 2 of 3 2/10/15, 7:28 AM

7 2. Why do you think that the House rarely impeaches a top government official? 3. How does preventing Congress from passing a bill of attainder help safeguard rights? Answer the Guiding Questions 4. Specifying What are three examples of expressed powers of Congress? 5. Describing What are two nonlegislative powers given to Congress? 6. ARGUMENT Should representatives always vote as their constituents want, or according to their own best judgment? Write a paragraph in which you express and defend your position. 3 of 3 2/10/15, 7:28 AM

8 Print The process Congress follows to make laws is complex. Types of Bills What kinds of bills come before Congress? As Congress is a legislature, its major job is passing laws. Each session, more than 10,000 bills proposals for new laws are introduced. Only a small percentage just a few hundred actually become law. The process is designed to be long and complicated to make sure that bills are considered carefully. Bills generally fall into two categories, or types. Private bills concern individual people or places. They usually deal with people s claims against the government. Public bills apply to the entire nation and involve general matters such as taxation or farm policy or highway building. Along with bills, Congress also considers resolutions. These are formal statements expressing lawmakers opinions or decisions. Many resolutions do not have the power of law. Joint resolutions those passed by both houses of Congress do become law if they are signed by the president. Congress uses joint resolutions to propose constitutional amendments and to designate money for a special purpose. Identifying What are the two types of bills? From Bill to Law How does a bill become a law? Every bill starts with an idea. Ideas for new bills come from three main sources. Private citizens may suggest bills. Other proposals may come from the president. The third source of ideas is special-interest groups. Special-interest groups are organizations made up of people who share common interests. Whatever its source, a bill can only be submitted, or offered for consideration, by a member of Congress. The member who introduces a bill is known as its sponsor. A bill can have more than one sponsor. Every bill is given a title and a number when it is submitted. During the first session of Congress, the first bill introduced is called S.1 in the Senate and H.R.1 in the House. Committee Action After a bill is introduced in Congress, it is sent to the standing committee that handles the subject of the bill. Standing committees have life-and-death power over bills. Only if the committee approves a bill will it go to the floor for a vote by the full House or Senate. If the committee members think that the bill is worth considering, they may hold hearings about it. After gathering information in hearings, committee members discuss the bill. The committee can take one of five actions on a bill: pass the bill, which sends it to the full chamber make changes to the bill and then pass it and send it to the full House or Senate replace the original bill with a new bill on the same subject pigeonhole the bill, which means to ignore the bill and let it die in committee kill the bill outright by having a majority vote against it Debating a Bill Bills approved in committee are then considered by the full House or Senate. This stage of the process is called the floor debate. During the debate, members argue the bill s pros and cons. They also discuss amendments. The House accepts 1 of 3 2/10/15, 7:29 AM

9 only amendments relevant to the bill. The Senate, however, allows riders-completely unrelated amendments-to be added. The way the debate is carried out differs in the two chambers. In the House, the Rules Committee sets the terms for debate. It usually puts time limits on the discussion, for example, to speed up action. The Senate, because it is smaller, has fewer rules. Senators can speak for as long as they wish. At times they use this right to filibuster against a bill, or to talk a bill to death. In a filibuster, a senator holds the floor by talking for hour after hour. The goal of a filibuster is to delay a vote on a bill until the bill s sponsor is persuaded to withdraw it. The Senate can end a filibuster if three-fifths of the members vote for cloture (KLOH chuhr). Under this procedure, no senator may speak for more than one hour. A record for the length of a filibuster was set in 1964 as the Senate was debating the Civil Rights Act. Senators opposed to the bill staged a filibuster that lasted for 57 days of the Senate s session. The senators who were in favor of the bill finally were able to gather enough supporters to win a cloture vote and end the debate. Just nine days later, the Senate passed the bill and it became law. Today senators rarely need to talk for hours. Instead, they vote against cloture resolutions and use other procedures to prevent a majority vote. Voting and Vetoes After a bill is debated, it is brought to a vote. Voting in the House is done in one of three ways. The simplest is a voice vote. Those in favor of the bill say Aye and those against the bill say No. The Speaker then decides which side has the most votes. A second method is by standing vote. Those in favor of a bill stand to be counted. Then, those members of the House who are against it stand to be counted. The third method is a recorded vote, in which votes are recorded electronically. The Senate also has three methods of voting: a voice vote, a standing vote, and a roll call. In a roll-call vote, senators respond Aye or No as their names are called. A simple majority of all members present is needed to pass a bill. If a bill passes in one house, it is sent to the other. If either the Senate or the House rejects a bill, it dies. The Senate and House must pass a bill in exactly the same form. Sometimes each house passes a different version of the same bill. When this happens, a conference committee usually meets. The committee, which has members from each house, works out compromises on the differences and makes changes to the bill. Both the House and the Senate must then either accept the revised bill just as it is or reject it. After a bill is approved by both houses, it goes to the president. The president may sign the bill and declare it a new law. The president may veto, or refuse to sign, the bill. The president may also do nothing for 10 days. At that point, if Congress is in session, the bill becomes law without the president s signature. If Congress has adjourned, the bill dies. Killing legislation in this indirect way is called a pocket veto. If the president vetoes a bill, Congress has one final chance to save it. Members of Congress can override the veto with a two-thirds vote of each house. This is not an easy task, though. From 1789 through July 2010, Congress overturned only 109 out of 2,560 vetoes. Speculating Why do you think senators attach riders to bills? Why It MATTERS Recording Votes The votes of citizens are private. But when members of Congress cast votes on bills, their votes are usually a matter of public record. Why do you think there is this difference between the way citizens and members of Congress vote? 2 of 3 2/10/15, 7:29 AM

10 21st Century SKILLS Communication: Organizing Ideas Develop and complete a graphic organizer that shows all the ways that a bill can be stopped before it becomes a law. Why do you think the Constitution provides so many ways to prevent a bill from becoming a law? LESSON 4 REVIEW Review Vocabulary 1. Why might a special-interest group work hard to get a rider attached to a bill? 2. How does cloture affect a filibuster? 3. What is the difference between a veto and a pocket veto? Answer the Guiding Questions 4. Contrasting What is the difference between public and private bills? 5. Hypothesizing Why do you think a bill has to pass both houses of Congress to reach the president's desk? 6. INFORMATIVE/EXPLANATORY Suppose you needed to explain how a bill becomes a law to a younger student. Write a short, easy-to-understand paragraph that explains the major steps in the process. 3 of 3 2/10/15, 7:29 AM