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Congress:
5 The Legislative
Branch
Essential Question What powers
does the Constitution give to Congress?
120
Section 1 Congress
• Members of Congress strive to represent the interests of their constituents
while keeping in mind the needs of the country as a whole.
• Congress is a bicameral legislature with a House of Representatives
and a Senate.
• Congress plays a vital role in the system of checks and balances.
Section 2 The Powers of Congress
• Congress has extensive expressed, inherent, and implied powers.
• The extent of Congress’s implied powers is a subject of debate.
• The powers of Congress have expanded over time with the growth
of government.
Section 3 The House of Representatives
• Membership in the House of Representatives is apportioned to each state on
the basis of its population. After each census, seats in the House are reappor-
tioned among the states and new district boundaries are drawn.
• The Speaker of the House is one of the most powerful leaders in government.
• The House relies on a committee system to conduct much of its business.
Section 4 The Senate
• Each state has two senators, regardless of population. Like the House, the
Senate relies on a system of committees.
• Senate traditions, such as open debate, make it a distinctive body.
Section 5 Congress at Work
• Bills may be introduced in either house and usually get assigned to
committees for analysis and revision.
• Floor debates differ in the House and Senate.
• Differences between House and Senate versions of a bill are resolved in a
conference committee.
• The president needs to sign a bill for it to become law.
1 Congress
Main Idea Reading Focus Key Terms Online Resource
3. What is the role TAKING NOTES
The voters elect 1. How does Congress constituents
members of Congress represent the of Congress in the apportionment Use the graphic
to represent them people? system of checks and appropriation organizer online to
and to enact laws in 2. Why is the structure balances? impeachment take notes on the
their name. Congress of Congress oversight powers and features
plays a vital role in our important? of Congress.
government’s system of
checks and balances.
The People’s Representatives Every two they have two years to pursue the policies and agendas that
years, in January, members of Congress—535 motivated them to run for Congress.
of them—convene in the Capitol to open a Senate procedures on opening day are fairly routine. Newly
new Congress. They are people from different regions of the elected and re-elected members, about a third of the Senate,
country and different walks of life. They bring different view- take the oath of office, and the chamber passes resolutions on
points and life experiences. They come to Washington, D.C., to rules. In the House of Representatives, the clerk calls the House
speak for more than 320 million of their fellow Americans. to order, checks the roll, and then the members-to-be formally
Opening day of a new Congress is a relaxed time. The busi- elect a Speaker, who swears in the other 434 representatives.
ness of legislating has not begun. For returning members, it is a The oath points to the serious purpose of the day. Before
chance to meet old friends and congratulate them on winning they begin to carry out the people’s business, each member
re-election. For new members there is the satisfaction of knowing swears to “preserve, protect, and defend the Constitution.”
Opening Day
in Congress With family members present on open-
ing day 2017, House members take the
oath of office in the House Chamber.
122 Chapter 5
Congress and the People This can be a difficult task. Sometimes
members seek to serve their constituents
The opening words of the Constitution— directly—for example, by working to bring
“We the People”—signal that, in our nation, federal funding to their home district or
it is the people who are sovereign. Yet the answering a query. In fact, each member
people do not take part in national employs a staff of assistants to act on queries
government directly. They do so by electing from constituents. Other times, members
representatives, whose job it is to make and may vote based on what they think is in the
carry out laws. best interest of the nation, even if it conflicts
Article I of the Constitution gives the law- with the views of their constituents. These
making power to Congress. It also specifies are both ways in which members of Congress
that the “people of the several States” shall represent the people.
choose the members of Congress in regularly
scheduled elections. The U.S. Congress, then, Members of Congress Who are these men
is the body through which the will of the and women representing the people of the
people is made into law. nation? How did they get their jobs? Beyond
certain minimal requirements of office,
Representing the People Each member which will be explained in detail in Sections
of Congress represents the people of a 3 and 4 of this chapter, the Constitution
particular geographic area. The people who places few limits on who can be a member of
live within that area are called the member’s Congress. Still, members of Congress tend to
constituents. Thus, one way in which a have more in common with each other than
member of Congress represents the people is with the constituents they represent.
by representing his or her constituents. Members of Congress tend to be older
Most constituents have particular than the average age of the general
interests and concerns. Those interests may population. The average age of members in
be economic—for example, related to their recent Congresses has been in the mid-to-
jobs and industries. Interests may also be upper fifties. Members of Congress are also
philosophical or personal—for example, a much wealthier than the general population.
constituent may have a strong belief in envi- In recent years there have been dozens of
ronmental protection. Indeed, constituents millionaires in Congress.
may hold a variety of interests. Sometimes Most members of Congress are white
these various interests are in conflict with men. The number who are women, African
each other, which complicates the job of a Americans, Hispanics, or members of other
member of Congress pledged to represent minority groups is low compared to these
the constituents’ interests. groups’ percentage of the general population.
Members of Congress must also deal In recent years, however, Congress has
with the demands of organized groups of become more diverse. The 110th Congress
like-minded people who join together to elected the first female Speaker of the House,
influence government and its policies. These Nancy Pelosi (D, California). The numbers
organized groups, called interest groups, of women and African Americans in the
may draw their membership from across the 112th Congress (which began in 2011) were
nation and represent only a small number of at an all-time high.
any one of a Congress member’s constituents.
Identifying the Main Idea
Still, members of Congress must deal with
What groups do members of Congress represent?
pressure applied by interest groups as they
attempt to represent “the people.”
In addition to representing their
constituents, members of Congress also keep
The Structure of Congress How might mem-
bers of Congress
in mind the needs of the country as a whole. As you know, Congress is a bicameral balance their roles
legislature. Its two houses are the House of as delegates of
They try to balance their constituents’ special their constituents
needs with a desire to promote the common Representatives and the Senate. These houses and trustees of the
good—the outcome that is best for all. differ significantly in key details. common good?
124 Chapter 5
Congress and Checks and
Balances
As you have read, our constitutional system
is built on a system of checks and balances.
Governmental power is divided and
separated into three different branches. As
the legislative branch of government,
Congress has potent checks on the powers of
the executive and judicial branches.
Section 1 Assessment
126 Chapter 5
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A Fire Leads to Change In 1969 the provided a vivid demonstration of why new laws safeguarding
Cuyahoga River, which runs through down- the environment were needed. The calls for reform reached the
town Cleveland, Ohio, caught fire. Decades halls of Congress. In 1972 Congress passed the first of a series of
of unregulated dumping of industrial wastes had turned the environmental laws to protect the nation’s waterways that today
river into a toxic—and flammable—brew of oil and chemicals. The goes by the name of the Clean Water Act.
fire that day was not the first time the Cuyahoga had burst into Where did Congress get the authority to pass laws protect-
flames, nor was it the biggest to have broken out on the river. In ing the environment? The word environment never appears in
30 minutes the fire was out. The Cleveland newspapers did not the Constitution. Nor does Social Security or interstate highways
even have time to send photographers to cover the story. or many other programs we take for granted. Congress used its
The fire on the Cuyahoga may have burned a short time, powers under generally worded clauses to create these programs.
but for advocates of a cleaner environment, it came at the right The Framers made the Constitution flexible enough to allow
time. A growing environmental movement, spurred by books Congress to meet new challenges as they arise.
like Silent Spring, was calling for change. A river catching fire
Congress
and the
Clean Water Act
128 Chapter 5
In 1895 the Supreme Court used this their own businesses and penalized those of
clause to strike down a federal income tax other states. States placed taxes on the goods
law. In a sharply divided decision, the Court of other states or even barred their entry. As
ruled that an income tax was a direct tax. a result, the nation’s economy suffered.
Unless it was apportioned among the states Congress’s commerce power is contained
according to population—something that in Article I, Section 8, Clause 3, of the
would be unworkable—an income tax was Constitution, known as the commerce clause.
unconstitutional. The commerce clause passed with little
The Sixteenth Amendment addressed this debate during the Constitutional Convention.
concern in 1913. It specifically empowered The Framers were all too aware of the
Congress to levy an income tax. The problems under the Articles of Confederation.
amendment also restricted the kinds of direct Yet from 1789 to 1950, no clause in the
taxes that could be collected according to Constitution was the subject of more Academic
“apportionment among the several States.” litigation than the commerce clause. Through Vocabulary
Today revenue generated by the income tax that litigation, and the Supreme Court litigation legal
far outpaces revenue generated by tariffs and decisions that resulted, the commerce clause dispute
other indirect taxes. became the single most important source of
The Constitution also gives Congress the federal government power. The shape of our
power to borrow money on behalf of the modern economy as well as many activities
United States. This power allows the we take for granted today as the proper re-
government to function when there is not sponsibility of government derive ultimately
enough expected revenue to cover expenses— from the commerce clause.
a budget deficit. Deficits can occur during An early Supreme Court case, Gibbons v.
times of emergency, such as during wars. In Ogden (1824), helped define the commerce
recent decades, deficit spending has become clause. The case involved the right of a state
standard practice in Congress even during legislature to award a monopoly to operate
good economic times. a steamship line for travel between two
states, New York and New Jersey. The
Commerce Power The Constitution gives Supreme Court struck down the state law,
the federal government the right to regulate ruling that only Congress has the right to
interstate commerce. That is, Congress alone regulate interstate commerce.You can read
can pass laws affecting economic activity more about this case later in the section.
that takes place across state lines. Under the Using its commerce power, Congress has
Articles of Confederation, Congress lacked passed many laws that, on the surface, seem
this power, and individual states promoted unrelated to regulating interstate commerce.
Congress’s power to
Clause 1 gives regulate interstate
Congress the power commerce rests on
to levy taxes. Clause 3.
129
For example, as part of the Civil Rights Act Following the Vietnam War, where U.S.
of 1964, Congress used its commerce power troops were engaged in combat for nine
to outlaw segregation in certain types of years without a formal declaration of war,
public establishments. The Heart of Atlanta Congress moved to limit the president’s
Motel challenged the idea that the renting of ability to fight wars without such a
rooms in its motel was an act of interstate declaration. It passed a joint resolution in
commerce. The Supreme Court disagreed. In 1973 known as the War Powers Resolution.
Heart of Atlanta Motel, Inc., v. United States The act requires a president to report to
(1964), the Court ruled that the availability Congress anytime he or she sends troops
of motel rooms affected interstate travel of into possible conflict without a declaration
truckers. Congress acted constitutionally of war. Congress can then declare war or
when it used the commerce clause to attack otherwise approve the continued use of U.S.
racial segregation. forces. Without congressional agreement, the
act requires the president to end the military
D e f e n s e - R e l a t e d P o w e r s T h e action within 60 to 90 days, in most cases.
Constitution splits responsibility for national The ability of Congress to use the act to
defense and foreign policy between Congress halt a president’s use of military power is still
and the president. The Framers made the unclear. Presidents have, however, made
president commander in chief because they dozens of reports to Congress under the
knew that having a single leader was terms of the act. Some see this as proof that
important for effective military action. The the act has increased Congress’s involvement
president must also shape and carry out the in the war-making power of the government.
nation’s diplomatic efforts and relations with The Constitution gives Congress the
foreign countries. These duties give the power to create an army and navy and to
president far-reaching powers to make provide for their funding (Article I, Section
decisions and take action in this arena. 8, Clauses 12 and 13). At the time of the
The Framers reserved for Congress the Constitution’s writing, there was great fear
power to declare war. A congressional of standing peacetime armies. The delegates
declaration of war can send a strong message discussed whether to forbid the maintenance
of resolve to the nation’s enemies. In reality, of an army in times of peace. They finally
however, a president can make war without chose to place a two-year limit on spending
a congressional declaration of war. The for the U.S. army. The two-year cap would
president simply commands troops into prevent the army from becoming too
battle, and they go. This has happened powerful and independent of the control of
frequently in U.S. history. Congress. This constitutional provision
Clause 5 covers
the power to coin money. Federal courthouses, like
this one in New York City,
130 Chapter 5 exist because of Clause 9.
today gives the Congress the power of the Weights and measures Standardizing
purse over military activities. If Congress weights and measures—for example,
strongly opposed a president’s use of the gallons, pounds, and yards—gave people
military, it could vote to deny funding. confidence that a pound of goods in one
Congress shares power with the states state would be a pound in another.
over the maintenance of the militia—today Bankruptcy Bankruptcy was a major issue
known as the National Guard. Congress has in the early days of the nation. Congress
given the president the power to call out the is constitutionally charged with the job of
National Guard in emergencies. establishing laws on the subject of
bankruptcy. The fair and clear settlement
Other Expressed Powers Many of the of bankruptcy cases is an aid to
other expressed powers aimed either to aid commerce.
the development of a national economy or Naturalization The Constitution gives
to safeguard national sovereignty. These Congress the power to “establish an
were areas of policy the Framers believed uniform Rule of Naturalization.”
belonged to the national government. Naturalization is the process by which an
Coinage power Under the Articles of immigrant to this country becomes a
Confederation, the individual states had citizen. This provision of the Constitution
the power to coin money, resulting in suggests that the Framers expected the
confusion and conflict. The Constitution country to grow and for immigrants to
gave this power to the national continue to move here.
government. Federal courts The Constitution
National postal service The creation of a establishes the Supreme Court. Congress
fast, reliable postal system was seen as vital is charged, however, with establishing the
to the development of nation’s economy. federal courts beneath the Supreme
Copyrights and patents The Constitution Court. In Chapter 8, you will read how
gave Congress the power to write Congress has used this power.
copyright and patent laws, which ensure Congressional elections Congress has the
writers and inventors “exclusive rights” power to make laws about the time, place,
to their respective writings and discoveries. and manner of electing its members. In
The Framers believed that guaranteeing practice, it leaves the details to the states.
ownership rights and, with them, the Summarizing How do Congress’s
chance to profit from one’s work would expressed powers in finance, defense, and commerce
encourage “the Progress of Science and give it a leading role in American life?
useful Arts.”
Clause 13 To raise and maintain a navy Clause 16 To organize, arm, and discipline a militia when it is
Clause 14 To establish military laws called into service
Clause 15 To call up a national militia in times Clause 17 To exercise jurisdiction over the District of Columbia
of uprising or foreign invasion Clause 18 To make all laws necessary and proper to the
execution of any of the other expressed powers
132 Chapter 5
Implied Powers of and proper tool for regulating commerce.
Jefferson countered that the Constitution
Congress said nothing about Congress creating a bank,
The Constitution’s list of expressed powers so one should not be created.
is long. Nonetheless, the Framers knew that Hamilton won the debate, though to get
they could not list all possible powers that a Jefferson and other southerners who opposed
future Congress would need. Therefore, they the bank to compromise he had to agree to
concluded the list of congressional powers support their plan to move the capital to an
with a final clause, known as the necessary area on the Potomac River, site of
and proper clause, that would allow Congress Washington, D.C., today. In 1791 a national
to take actions needed to carry out the bank was created.
expressed powers. The debate did not end there. The bank’s
From the nation’s founding, the necessary charter ended in 1811, and a new bank was
and proper clause has stirred controversy. created in 1814. In 1816, however, Maryland
How should these words, and by implication, imposed a tax on the activities of the national
the Constitution itself, be interpreted? bank. Maryland’s actions led to a Supreme
Court case—McCulloch v. Maryland (1819).
Loose and Strict Constructionists On The Court’s opinion addressed Maryland’s
one side of the issue, strict constructionists actions. It also addressed the question of
argue that Congress should exercise only whether the necessary and proper clause
those powers clearly granted to it in the gave Congress the power to create the bank
Constitution. In the early days of the republic, in the first place. In his opinion, Chief Justice
strict constructionists were known as John Marshall wrote:
Antifederalists because they wanted to Primary Source
preserve power for the states as much as
possible. Loose constructionists, known as
“ We admit, as all must admit, that the powers of
the government are limited, and that its limits are
Federalists, wanted Congress to have not to be transcended [surpassed]. But we think
freedom to act vigorously. If something were the sound construction of the constitution must
“necessary and proper” to the exercise of allow to the national legislature that discretion,
one of Congress’s expressed powers, they with respect to the means by which the powers
argued, then Congress could do it. it confers [gives] are to be carried into execution,
Thomas Jefferson and Alexander which will enable that body to perform the high
Hamilton led the opposing sides in the duties assigned to it, in the manner most beneficial
debate over what “necessary and proper”
meant. As advisers to President George
to the people.
”
—John Marshall, McCulloch v. Maryland, 1819
134 Chapter 5
originally supposed to cast two presidential judicial review, which is implied if not spelled
ballots. The top vote-getter would become out in the Constitution, checks the power of
president, and the second-place finisher the Congress to pass laws deemed unconstitu-
vice president. The Framers did not, however, tional. The president’s veto power, although
foresee party tickets, which list presidential subject to override, also checks Congress’s
and a vice presidential candidates running lawmaking powers. Moreover, because
together. That flaw became apparent during Congress relies on the executive branch to
the election of 1800. carry out the laws, a president who is not
That year, Thomas Jefferson was the pleased with an act of Congress can limit the
presidential candidate and Aaron Burr was effect of congressional action through lax
his running mate. Electors supporting their enforcement of the law. A president may also
Democratic-Republican ticket cast ballots apply his or her own interpretation of a law.
for each man, leading to the tie. The election These interpretations are sometimes
then went to the House, which was controlled expressed in presidential signing statements
by the Federalists: The party that had just when a president signs a bill into law.
lost the presidential race now got to choose Presidential signing statements are discussed
the president. The Federalists chose Jefferson, in more detail in Section 5.
whom they preferred to Burr. In addition to the limitations inherent in
The Twelfth Amendment eliminated this the system of checks and balances, the
problem. It created two separate electoral Constitution specifically denies Congress
college votes, one for president and one for certain powers. These are detailed in Article
vice president. The House retained the power I, Section 9. For example, Congress was
to choose the president in the event of no forbidden from prohibiting the slave trade
majority in the electoral college. until 1808. It was also forbidden from
making laws that might favor one or another
Powers of the Senate The Twelfth state’s ports or from placing a tax on articles
Amendment also gave the Senate the power exported from any state.
to choose a vice president if no candidate The Constitution includes several clauses
gets a majority of the electoral college vote. that protect people’s basic civil rights. Article
Each senator takes part in this vote. I, Section 9, Clause 2, bars Congress from
The Senate also has the job of providing suspending the writ of habeas corpus, a court
advice and consent on executive and judicial order that forces the police to present a
branch appointments made by the president. person in court to face charges, except in
The Senate must also approve treaties that cases of rebellion or invasion. Habeas corpus
the president may negotiate in order for them is a Latin phrase meaning “you have the
to go into effect. body.” The purpose of the writ is to prevent
Making Inferences Why do you a government from holding people in secret
think the subpoena power is important for Congress? or without charge. When President Abraham
Lincoln suspended habeas corpus during the
Civil War, a federal court declared the action
Limits on the Powers of unconstitutional because Congress had not
taken it.
Congress Congress cannot pass a bill of attainder—
The Constitution was meant to create a a law that punishes a person without a
stronger federal government, correcting the trial. Ex post facto laws, which criminalize an
weaknesses of the Articles of Confederation. action that took place in the past and that
Still, the Framers included a number of were legal at that time, are likewise forbidden
checks on congressional power. by the Constitution. Ex post facto is another
The separation of powers, which Latin phrase, meaning “from after the fact.”
distributes government powers among three Identifying Supporting
branches, is the strongest check on congres- Details What are some of the limitations on the
sional power. The Supreme Court’s power of powers of Congress?
Section 2 Assessment
136 Chapter 5
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3 The House of
S
Representatives
Main Idea Reading Focus Key Terms Online Resource
3. How is the leadership TAKING NOTES
The House of Repre- 1. What are the reapportionment
sentatives, with its key features of of the House gerrymandering Use the graphic
frequent elections and the House of organized? Speaker of the House organizer online
regular reapportion- Representatives and 4. What is the role of bills to take notes
ment, is the more rep- its membership? committees in the floor leader on the features
resentative chamber of 2. What are some of operation of the whips of the House of
Congress. Its members the challenges that House? party caucus Representatives.
carry out much of their reapportionment standing committees
work in committees. and redistricting select committees
raise? joint committees
The
Iron The Power of the Speaker The House
of Representatives has given rise to some of
Duke
the most powerful—and colorful—figures in
U.S. history. Perhaps no one illustrates this better than Joseph
Gurney Cannon (R, Illinois), whose reign over the House in the
early 1900s inspired both affection and fear. To some, he was
Uncle Joe, a man beloved by his colleagues. To others, he was
Czar Cannon or the Iron Duke.
Cannon won his reputation while serving as the Speaker of
the House, the chamber’s presiding officer and most powerful
member. From that post, Cannon controlled much of what hap-
pened in Congress—and in the U.S. government. No bill came
up for a vote if he did not want it to. “Not a cent for scenery,”
he once scoffed at a proposal to protect forests. He decided
who would serve on committees. He chaired the Rules Commit-
tee himself, which gave him power over the flow of legislation.
In 1910 the House finally revolted against Cannon’s iron
rule. “The . . . minority,” he said, “is now in the majority.” The
House stripped him of key powers, making changes in the role
of the Speaker that would become a permanent part of the
office. Indeed, today’s House of Representatives is in no small
part a result of, and a reaction to, Cannon’s years in power.
138 Chapter 5
Changes in Population The Constitution political advantage—boundaries that divide
requires that every 10 years, the House must and weaken the opponents’ strength or that
undergo reapportionment, in which seats are cluster together areas of support. The goal is
redistributed among the states based on the simple: Give your party the best chance to
results of the census. Once census results are win as many elections as possible. Drawing
available, Congress reapportions the con- district boundaries for political advantage is
gressional seats among the states. States that known as gerrymandering.
gain population may gain seats, and states
that lose population may lose them. One Person, One Vote For much of U.S.
Before the number of seats was fixed in history, the Supreme Court largely ignored
1929, Congress simply added seats as the gerrymandering. In a series of cases over the
nation’s population grew. Fixing the number last 50 years, however, the Court has placed
of seats, however, transformed reapportion- restrictions on the practice.
ment. Now, if a state loses population or For example, the 1964 case of Wesberry
grows too slowly, it may lose seats to another v. Sanders focused on a congressional district
state. After the 2010 census 10 states, mainly in Georgia that had several times as many
in the North and Midwest, lost seats. Eight people as other districts in the state. The
states in the South and West added them. Court observed that this arrangement
“contracts [shrinks] the value of some votes
Gerrymandering The Constitution gives and expands that of others.” This violates
Congress the responsibility to reapportion the Constitution, which requires that one
seats among the states. It leaves redistricting, person’s vote be worth as much as another’s.
the job of creating district boundaries within To remedy the problem, the Supreme Court
the states, however, to state governments. ruled that future congressional districts
Not surprisingly, the party in power in each within a state must be of roughly equal
state tends to draw the boundaries to its own population.
INDIANAINDIANA
MISSOURI
MISSOURI
Seventeenth Illinois
The 1812 “Gerry-mander” cartoon Congressional District
140 Chapter 5
Profiles in The first woman to
Government
serve as Speaker of
Nancy the House, Nancy
Pelosi comes from a
Pelosi 1940–
family with a tradition
of public service. Her
father was a five-term
member of Congress from Maryland and the mayor of Baltimore for
12 years. Her brother also served as mayor of Baltimore.
Pelosi first ran for office herself after the youngest of her five
children was in high school. She was elected to the House in 1987. In
2002 Pelosi was chosen as House minority leader; after Democrats
First Woman Speaker took control of the House in 2007, she became Speaker of the House.
During her four-year tenure as Speaker of the House, When Pelosi was sworn in as Speaker, she called the occasion “a his-
Congresswoman Pelosi helped Congress pass health toric moment—for the Congress, and for the women of this country.”
care and financial reform legislation.
Draw Conclusions Why did Pelosi say that her election as Speaker
was “a historic moment”?
have read, the House can judge its own Standing Committees The House has 20
members’ behavior and expel a member for standing committees, or permanent com-
almost any reason. In addition, the House mittees. Standing committees address the
can vote to issue a reprimand. A stronger major areas in which most proposed laws
statement of House disapproval of a fall, such as agriculture, the budget, and the
member’s actions is called a censure. armed services. For a list, see the next page.
In addition, the House has a separate The House Committee on Ways and
Rules Committee. This powerful committee Means deals with taxes and other revenue-
acts as the “traffic cop” for the House, raising measures. Ways and Means also
setting the rules for when, how, and under exercises oversight on big programs such as
what conditions debate on a bill will take Social Security. Because the Constitution says
place. For example, a rule may limit the time that all bills dealing with taxes and revenue
spent debating a particular bill or place begin in the House, the Committee on Ways
limits on how it can be amended. By setting and Means is a congressional powerhouse.
the rules under which a bill can be Standing committees typically have at
considered, the Rules Committee can speed least four subcommittees. The Appropriations
up or delay passage of a bill. For this reason, Committee has 13. Subcommittees take an
the chair of the Rules Committee is often a even narrower focus than a committee. So,
key ally of the Speaker. for example, the Armed Services Committee
may have subcommittees dealing with air
Making Inferences What role
and land power, sea power, and more.
does the leadership play in running the House?
Other Committees The House sometimes
creates select committees to carry out specific
The Role of Committees tasks not already covered by existing
Think about the challenge of making laws committees, such as investigations. Select
for the entire country. No member could committees are usually created to serve for a
possibly have or acquire all the knowledge limited duration. The Speaker, with advice
needed on the topics the House considers. To from the minority leader, appoints all
help provide this sort of expert analysis, the members of select committees.
House has a system of committees and sub- The House and Senate sometimes form
committees, each concentrating on a specific joint committees. Such committees address
area of public policy. broad issues that affect both chambers.
Section 3 Assessment
142 Chapter 5
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4 The Senate
Main Idea Reading Focus Key Terms Online Resource
3. What is the role of TAKING NOTES
Senators represent 1. What are the president of the Senate
entire states, have major features of committees in the president pro tempore Use the graphic
longer terms, and fol- the Senate and its Senate? Senate majority leader organizer online
low different rules of membership? 4. What are some of seniority rule to take notes on
debate. These features 2. What are the the distinctive rules filibuster the features of the
help give the Senate its Senate’s leadership and traditions of the cloture Senate.
reputation as a more posts? Senate?
weighty and careful
body than the House.
Debate in the Senate A crowd of photog- Senators have used the tactic for momentous and minor
raphers jostles for position to get the best occasions alike. In 1957 Strom Thurmond (D, South Carolina)
shot. Through their lens they see tomorrow’s set the record for the longest speech in Senate history when he
front page photo—beds being set up in the Senate chambers. opposed a civil rights bill. In 1986 Alfonse D’Amato (R, New
Are guests expected? In a way, yes. There is an all-night debate York) made the second-longest speech when he protested the
scheduled, and the senators won’t be going home tonight. cutting of funding to a defense factory in his home state.
The senators are participating in one of the distinctive trad- Since 1917, the Senate has been able to bring debate to a
tions of the Senate: the filibuster. This tradition of nearly unlim- close, but it requires the votes of 60 senators to achieve that. In
ited debate gives a minority of the Senate, even a single senator, 2005, Senate Republicans threatened to change the rules that
the power to hold up the passage of bills favored by the major- allowed this tactic. But a compromise was reached. As long the
ity. This creates leverage—to get the bill killed or modified or to tactic gives each senator outsized leverage, the Senate is not
receive favorable consideration on some other bill altogether. likely to do away with its distinctive tradition of talk.
Getting Ready to
Talk All Night
144 Chapter 5
Informal Qualifications Typically, voters service in the Senate. The president pro
tend to elect older people to the Senate than tempore is third in line, behind the Speaker
to the House. Senators tend to be wealthier of the House, to succeed the president.
both than their House colleagues and the
general population. That is why the Senate is Party Leaders Like the House, the Senate
sometimes referred to as a “millionaires’ has party leaders who guide the work of the
club.” The wealth of the senators is helpful, majority and minority parties. In the Senate,
because running for Senate is very costly. In the most powerful position belongs to the
a recent election, Senate candidates spent Senate majority leader. As the name suggests,
over $400 million in 33 races. this figure is chosen by a vote of the majority
While Congress overall has become much party. This vote takes place at a party caucus
more diverse, the Senate has lagged behind at the start of each term.
the House in reflecting the diversity of the The Senate majority leader serves as the
general population. In 2011, only 16 women, spokesperson and main strategist for the
one African American, two Asian Americans, majority party in the Senate. He or she Party leaders in
and two Hispanic Americans were serving in works to carry out the party’s agenda in the the Senate need to
Senate. A majority leader must be willing to couple the power
the Senate—not an accurate reflection of of persuasion with
U.S. population. work for his or her party members—for an acute ear for the
example, helping them get desired committee needs of their
Contrasting How do requirements assignments. In return, the majority leader caucus members.
for a senator’s seat differ from those for a House mem- expects cooperation and support from the Since the 1970s,
ber? they have also
senators. The power of this position and the been expected
importance of the Senate make the majority to be effective
Senate Leadership leader a major national political figure.
The Senate also has a minority leader.
advocates of their
party’s position
on television and
Like the House, the Senate has a leadership Both the minority and majority party have in the media.
structure that helps the chamber do its work. whips who help the leaders assess how
The Senate’s leadership, however, is generally senators are planning to vote.
less powerful than the House leadership.
Identifying the Main Idea and
Constitutional Positions Article I, Section Details What is the Senate leadership structure?
3, Clause 4, of the Constitution assigns the
job of president of the Senate to the vice
president of the United States. The position
is largely ceremonial. As president of the
Senate, the vice president may preside over
debate in the chamber, acknowledging
speakers and making sure everyone follows
the rules of debate. But the president of the
Senate cannot take part directly in debate.
Nor can the president of the Senate vote,
except to break a tie. The position’s greatest
influence is felt on those rare occasions when
Senate membership is divided equally among
both parties. When that occurs, the party
affiliation of the vice president determines
which party will be in the majority.
The Constitution also directs the Senate
Styles of Leadership
Senate majority leaders use different
to choose a president pro tempore —the styles to unite their parties. Shown on the
person who presides in the absence of the left in the photo above, Harry Reid, leader
president of the Senate. By tradition, this from 2007–2015, preferred to listen to his
position goes to the senator from the fellow senators. At right, Lyndon Johnson,
leader from 1953–1961, was known for
majority party who has the longest record of giving senators the “treatment.”
146 Chapter 5
Rules and Traditions Discipline in the Senate Like the House,
the Senate has the constitutional right to
As you read in the “Why It Matters,” the judge the conduct of its own members. On
Senate is a keen guardian of its rules and 15 occasions it has voted to expel a member.
traditions. It is these rules and traditions that Expulsion requires a two-thirds majority
give the Senate its special character, one very vote. The first expulsion took place in 1797,
different from the House. when Tennessee senator William Blount was
expelled for conspiring with Britain to seize
The Filibuster Perhaps the greatest Florida from the Spanish. All the other
difference between the Senate and the House expulsions involved senators who supported
is that the Senate places few limits on debate. the Confederacy in the Civil War.
This rule allowed for the development of a The Senate has on nine occasions voted
practice called the filibuster. A filibuster to censure, or officially denounce, a senator.
occurs when opponents of a measure take The most recent such incident was the 1990
the floor of the Senate and refuse to stop censure of David Durenberger (R, Minnesota)
talking in an effort to prevent the measure for unethical conduct, including using
coming up for a vote. The tactic is used when campaign funds for personal use.
a minority knows that a measure is likely to
pass if it ever comes to a vote. Filibusterers Filling Vacancies When a Senate seat
hope that if they can stall action long becomes vacant due to the retirement or
enough, the rest of the Senate will eventually death of a senator, the Seventeenth
be forced to move on to other business. Amendment calls for the governor of that
In 1917 the Senate moved to place some senator’s state to appoint a replacement,
limit on the filibuster. It adopted a rule by provided the state’s legislature has given the
which a two-thirds vote would impose governor the power to do so. The replace-
cloture—an end to debate. Though difficult ment senator serves until a special election
to achieve, cloture has been accomplished on can be held to choose a permanent
a number of occasions. In 1975 the cloture replacement. Governors usually choose
rule was revised. It now requires 60 votes to replacement senators from their own party.
achieve cloture.
Summarizing What are some of
the unique traditions of the Senate?
Section 4 Assessment
The Seniority
System
Should seniority be a determining factor
for committee chairs in the House of
Representatives and the Senate?
THE ISSUE
For most of the twentieth century, committee chairs
were chosen strictly according to the seniority system,
which reserved these posts for the long-serving
committee members of the majority party. A series of
reforms in the 1970s and 1990s empowered party
conferences to elect their committee chairs through
secret ballots and set term limits on a chair’s service.
Still, committee chairs and ranking minority party
members are almost always the longest-serving Collectively, senators Orrin Hatch (R, Utah), right, and Max
members of their respective parties on a committee. Baucus (D, Montana), left, have more than 70 years of senatorial
experience.
VIEWPOINTS
148 Chapter 5
ti
ec on
S
Purpose of Laws Congress is the nation’s tecting portions of specific rivers, authorizing the U.S. Mint to
lawmaking branch of government. But what, produce dollar coins featuring likenesses of U.S. presidents, and
exactly, are laws? You can think of some appropriating money for all manner of government activities,
examples. For example, you know that there are laws against and much, much more. All told, the House and the Senate of the
driving under the influence of alcohol. You know that it is 113th Congress considered 8,913 bills. Only 296 became law. In
against the law for one person to kill another. this way, Congress helped determine exactly what actions the
Federal laws, however, do more than define what is right federal government will take in a wide variety of areas.
or wrong. They also establish new government programs, set For each action taken by Congress, the members of the
government policy, and allocate funding to pay for government House and Senate follow an organized procedure. This proce-
activities and services. dure ensures a careful, thorough consideration of the nation’s
The U.S. Congress makes all kinds of laws. For example, in legislative business.
its two sessions the 109th Congress considered bills for extend-
ing formal recognition to certain Native American groups, pro-
Laws Laws
296 (3%)
Skills
FOCUS Interpreting Graphs
Why do you think so few bills get passed?
150 Chapter 5
How a Bill Becomes a Law
Bills must be passed by both houses of Congress before going
to the president. At what point do the different versions of the
bill get unified into one bill?
HOW A BILL BECOMES A LAW
HOUSE SENATE
L BIL
BIL L
Bill is introduced Bill is introduced
H.R. 1 is introduced in the House. S. 1 is introduced in the Senate.
Conference
Committee
Conference Committee
negotiates a compromise
version of House and
Senate bills.
Congressional Approval
House and Senate vote on final version of the bill.
If passed, the bill goes to the president.
PRESIDENT
152 Chapter 5
Rules can vary from bill to bill, but there House can only conduct business when at
are three main types: open, closed, and least half its members are present. Today
modified rules. Open rules allow amendments that means 218 representatives. But for the
to the bill. Closed rules mean that there can Committee of the Whole, the quorum, or the
be no amendments. Modified rules limit number needed to legally conduct business,
amendments to certain parts of the bill. Rules is only 100. The Committee of the Whole,
also limit the time available for debate. then, allows the House to function even
The Rules Committee has significant when many members are at hearings or are
power. By limiting debate or the ability to otherwise absent.
amend a bill, for example, it can prevent The rule for the bill regulates the debate
opponents of a bill from mounting a in the Committee of the Whole. The available
successful attack on it. The Rules Committee time is divided equally between the two
can in some cases even prevent a bill from parties. Members discuss the substance of
being considered by the full House. Bills in the bill and any amendments made in
the Rules Committee are, however, subject committee. Members can also recommend
to a discharge petition. amendments, and debate on these is limited
Some privileged bills can bypass the to ten minutes—five minutes for, five minutes
Rules Committee. Examples include major against. When the time for debate is over, the
budget or appropriations bills. In addition, chair asks the speaker to stop talking. Academic
the House can agree to suspend the rules for According to House rules, amendments Vocabulary
some minor bills that are not controversial. must be related to the subject matter of the suspend to set
If two-thirds of the House agrees, bill in question. Indeed, this rule applies to aside or make
“suspensions” come to the floor for quick all amendments made in the House. As you temporarily
inoperative
debate and with no option for amendment. will read, however, this rule does not always
Suspension of the rules is a way for the succeed in preventing unrelated amendments
chamber to dispose of many bills quickly. from becoming attached to bills.
The Committee of the Whole cannot pass
Sequencing What are the steps a
a bill. Instead, when it has completed its
bill follows while it is in committees?
work, it dissolves. Then the full House votes
on the measure and any amendments to it.
The Bill on the Floor The House votes first on the amendments.
Then it votes on the bill itself, along with the
Once a bill leaves a committee and receives a amendments it has passed.
rule, it goes to the full House or Senate for The most important votes are usually
consideration. Depending on the nature of called record votes, in which each member is
the bill, this may be an involved and dramatic required to publicly state his or her vote.
piece of political theater—or a simple, Such a vote is sometimes also called a
routine procedure. The process differs roll-call vote. According to the Constitution,
somewhat in the two chambers. a roll-call vote must take place when one-
fifth of the lawmakers present demand it.
The Bill in the House The first step in the
process is the adoption of the rules put The Bill in the Senate What happens
forward by the Rules Committee. This is when a bill leaves a Senate committee and
accomplished by a vote of the House. heads to the Senate floor? Unlike the House,
Sometimes, the whole House then debates the Senate does not have a Rules Committee.
the bill. In many cases, however, the House Nor does it use a Committee of the Whole.
forms itself into a Committee of the Whole. In Further, Senate rules generally do not limit
effect, all House members become members debate or the right to offer amendments.
of a single committee. The Speaker of the A senator can request that limits be placed
House names a member of the majority on a particular bill, including limits on
party to serve as chair of the committee. debate and restrictions on amendments. To
Why does the House take this step? take effect, however, such requests require
According to the Constitution, the full the unanimous consent of the Senate.
Primary Sources
Pork-Barrel Spending
Getting a majority of members of Congress to
agree on a bill can involve a lot of bargaining. Often,
a member will agree to support something that will
benefit the constituents of another member provided the
other member supports something benefiting the first
member’s constituents. Multiply that sort of bargaining
by 535 members, and there is a lot of room in the fed-
eral budget for what is known as pork-barrel spending, or
spending on projects that target a small constituency
but that all taxpayers fund. Large bills, such as highway
or farm bills, are particular targets for pork-barrel spend-
ing because so many members have highways or farms
in their districts. Recent years have seen a rise in the Skills
FOCUS Interpreting Primary Sources
use of earmarks, in which individual members insert
Understanding Points of View What do you think
provisions into bills mandating specific sums of money
the cartoonist is trying to say by drawing the Capitol
to be spent on specific projects of interest to them. with a pig’s nose?
See Skills Handbook, p. H4.
154 Chapter 5
Presidential Action on a Bill Congress can attempt to override a veto.
This requires a two-thirds majority vote in
When the president receives a bill that both each chamber. As a result, overrides are rare.
houses have passed, there are several possible There have been just 106 overrides in U.S. Presidents need to
outcomes: history out of a total of over 2,500 vetoes. evaluate laws, but
• The president can sign the bill, which From 1996 to 1998, congressional so do ordinary citi-
legislation gave the president line-item veto zens. Developing
makes it law. criteria by which
• The president may choose not to sign the power. This tool allowed a president to veto you determine
bill. After 10 days (excluding Sundays), any part of a spending bill. Many state whether or not you
if Congress remains in session, the bill governors have this power. The Supreme support a law is
Court ruled, however, that presidential line- one part of being
becomes law. But, if during those 10 days
an informed and
Congress adjourns—ends its session—the item veto violated the Constitution, which
engaged citizen.
bill does not become law. This last tactic is prescribes specific veto procedures not
known as a pocket veto. including the line-item veto.
• The president may veto the bill. The presi- Presidents George W. Bush and Barack
dent does this by returning the bill to the Obama issued few vetoes, but both made
chamber where it began its life. The presi- frequent use of signing statements. These are
dent may also include a “veto message” formal statements in which a president
that outlines specific objections. declares an intention to enforce a law in a
Different presidents have taken different certain way. Bush was not the first president
approaches to vetoes. Some presidents veto to issue signing statements, but his use of
many bills, some hardly any—or none at all. them has been considered controversial. For
George Washington, for example, vetoed just some, it is a proper assertion of presidential
two bills. John Adams vetoed none. Franklin power. For others, it amounts to an
D. Roosevelt, on the other hand, tops all encroachment on the lawmaking powers of
presidents. During his three full terms and the legislative branch and on the interpretive
part of a fourth in the 1930s and 1940s, he powers of the judicial branch.
issued 635 vetoes. In the little over two years Summarizing What are the differ-
that he was president, Gerald Ford logged in ent ways a president has to reject a bill?
66 vetoes.
Section 5 Assessment
Members of Congress often initiate legislation Executive departments and agencies are another
based on campaign promises to constituents, regular source of legislative proposals. Most
responses to problems or crises, or their own proposals from the executive branch are aimed at
analysis of what laws are needed. They also improving the functions of the departments or
introduce legislation at the request of others and agencies that Congress already has created. These
must decide whether to support bills that are proposals usually are carefully crafted and ready
submitted by others. The Library of Congress for a member of Congress to introduce.
through its Congressional Research Service
frequently assists Congress by providing Constituents Many of those who live in a repre-
information and analyzing issues. The sentative’s district or a senator’s state communicate
Congressional Budget Office will provide an with their elected officials, recommending the
analysis of the budget for a bill and its projected enactment of new laws or the repeal of existing
costs. In addition, information and requests for laws. They make telephone calls, respond to public
legislation often come from the following sources: opinion polls, send faxes and e-mail, write personal
letters, participate in letter-writing campaigns, and
The executive branch Article II, Section 2, use blogs to inform their elected representatives and
instructs the president to give Congress to persuade them about the need for particular
information on the “State of the Union” and to legislation. Sometimes constituents ask their repre-
“recommend to their Consideration such sentative to introduce special legislation to address
Measures as he shall judge necessary and an individual problem or situation.
expedient.” The president delivers an annual state
of the union address to Congress that outlines the Interest groups Thousands of individuals and
president’s legislative agenda, among other things. groups seek to influence members of Congress
This agenda can include creating, consolidating, and legislation through lobbying, the practice of
or eliminating departments or agencies. Members trying to affect legislation on behalf of organiza-
of the president’s party in Congress usually tions, industries, or interest groups through
sponsor the president’s legislative proposals. contact with legislators. Groups that participate
in lobbying include businesses, civic organiza-
Adapted with permission from Lesson 22 of We the People: The Citizen & the Constitution.
156 Chapter 5 Copyright 2009, Center for Civic Education.
tions, professional associations, and nongovern- •• Knowledgeable Lobbyists need to know not only
mental organizations. The Lobbying Disclosure their own issues but also the intricacies of the legis-
Act of 1996 requires some lobbyists to disclose lative process, key players, and which groups support
the interests they represent, the issues in which and oppose particular proposals.
they are interested, and how much they spend •• Organized Interest groups must convey a consis-
annually. The act does not limit the amount of tent message and must be persistent. They must be
lobbying in which any individual or group may able to explain how an issue affects their members
and clients. And they must use various forms of
engage. The activity of lobbying reflects the First
communication effectively, including personal
Amendment rights to speak, assemble, and contact with members of Congress.
petition. Effective lobbyists, whether individuals
•• Cooperative Successful interests groups, like
or groups, must be members of Congress, must be able to build coali-
•• Well informed Members of Congress must be tions with other interest groups in the search for
able to rely on the information they receive from workable majorities.
lobbyists. Information must be able to withstand scrutiny,
and it must be timely.
Left, Representative Lincoln Diaz-Balart (R, Florida)
met with students in 2007. Right, Former U.S.
senator Barack Obama (D, Illinois) listened to the
concerns of senior citizens in 2005.
5 Chapter Review
Connecting Online Comprehension and Critical Thinking
Section 1 (pp. 122–126)
Go online for 1. a. Review Key Terms For each term, write a sentence that explains its
review and significance or meaning: constituents, apportionment, appropriation,
enrichment impeachment, oversight.
activities related
to this chapter. b. Summarize What is the role of Congress in the system of checks
and balances?
c. Elaborate What are the main goals and purposes of the bicameral
KEY TOPICS VIDEOS structure of Congress?
View compelling clips on
issues in the field. Section 2 (pp. 127–136)
KEEP IT CURRENT 2. a. Review Key Terms For each term, write a sentence that explains
Link to the Current Events site its significance or meaning: necessary and proper clause, indirect
for regularly updated stories on tax, direct tax, deficit, commerce clause, subpoenas, writ of habeas
the U.S. government as well as
other social studies topics. corpus, bill of attainder, ex post facto laws.
b. Make Inferences What did Thomas Jefferson infer from the neces-
Partners sary and proper clause?
c. Predict How do you think the powers of Congress will change in
American Bar Association
the future?
Division for Public Education
Learn more about the law, your Section 3 (pp. 137–142)
rights and responsibilities.
3. a. Review Key Terms For each term, write a sentence that explains
Center for Civic Education its significance or meaning: reapportionment, gerrymandering,
Promoting an enlightened and
responsible citizenry committed Speaker of the House, bills, floor leader, whips, party caucus, stand-
to democratic principles and ing committees, select committees, joint committees.
actively engaged in the practice b. Explain Why did single-member districts evolve in the House?
of democracy.
c. Elaborate In what ways is the House closer to the people than
the Senate?
Section 4 (pp. 143–147)
4. a. Review Key Terms For each term, write a sentence that explains
its significance or meaning: president of the Senate, president pro
tempore, Senate majority leader, seniority rule, filibuster, cloture.
b. Analyze How does the size of the Senate affect its operation?
c. Elaborate How does the practice of the filibuster reflect the special
character and structure of the Senate?
Section 5 (pp. 149–155)
5. a. Review Key Terms For each term, write a sentence that explains
its significance or meaning: rider, joint resolution, concurrent reso-
lutions, Committee of the Whole, quorum, roll-call vote, conference
committee, pocket veto.
b. Draw Conclusions What can you conclude from the numbers of
bills submitted and the numbers of bills passed in Congress?
c. Evaluate Do you think the process of making law should be made
more difficult or easier? Explain your answer.
158 Chapter 5
Critical Reading Analyzing Primary Sources
Read the passage in Section 2 that begins with the Political Cartoon Because of the rising costs
heading “Implied Powers of Congress.” Then answer of campaigning for office, members of Congress
the questions that follow: spend a great deal of their time raising money.
6. Which of the following was the central issue in the The law places limits on how much money an
debate over implied powers? individual, business, or group can donate. Still,
A the War Powers Resolution much of the money comes from interest groups,
leading some people to question whether members
B the commerce power
of Congress are “for sale.”
C the necessary and proper clause
D the state of Maryland
7. The Supreme Court’s decision in the case of
McCulloch v. Maryland most closely lined up with
the position of which of the following?
A Alexander Hamilton
B Thomas Jefferson
C the Antifederalists
D the strict constructionists