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Chapter 6

Congress: The People;s Branch

TermDefinition
Senate and the House of Represenatatives A bicameral, or two house, Congress. many checks and balances have been placed on the legislature that have prevented absolute power in the hands of one branch
Bill A bill, or proposed law, only becomes a law after both the House of Representatives and the Senate have approved in in the same form
Special, Exclusive Powers That the Constitution has given Each House of Congress 1. Revenue Bills.. 2. Impeachment Power..
Revenue Bills Must originate in the House of Representatives. Often budget bills are considered simultaneously in both houses. For example, current discussions of possible tax cuts are taking place not only in both houses, but in the executive branch as well.
Impeachment Power Impeachment power, the authority to charge the President and other "civil officers" with wrongdoing, is given to the House. A simple majority vote can impeach an elected official.
Special, Exclusive Powers Given to the Senate Special, exclusive powers given to the Senate include the following: 1. Major Presidential Appointments.. 2. Treaties.. 3. Impeachment Trial
Major Presidential Appointments Major presidential appointments must be confirmed by the Senate. The Senate offers "ADVICE AND CONSENT" to the President by a majority vote on the appointments of federal judges, ambassadors, and Cabinet positions.
Treaties Treaties with other nations entered into by the President must be approved by a TWO-THIRDS VOTE by the Senate. This has served as a very important restriction to foreign policy powers of the President.
Impeachment Trials An IMPEACHMENT TRIAL occurs in the Senate. If the House votes to impeach an elected official, the accused party gets a hearing in the Senate. A two-thirds majority can convict the individual and remove him or her from office.
1. Important Constitutional Differences Between the House and the Senate House... 1. Initiates all revenue bills.. 2. Initiates impeachment procedures and passes articles of impeachment.. 3. Two-year terms.. 4. 435 members (apportioned by population)
2. Important Constitutional Differences Between the House and the Senate Senate... 1. Must confirm many major presidential appointments.. 2. Tries impeachment officials 3. Six-year terms (One-third up for reelection every two years).. 4. 100 members (two from each state).. 5. Approves treaties
Elastic or Implied Powers The "elastic," or implied powers, clause gives Congress the authority to pass laws it deems "necessary and proper" to carry out its enumerated functions. Here are a couple.. 1. Oversight of the budget.. 2. Investigation
Oversight of the Budget Congress reviews and restricts the ANNUAL BUDGET prepared by the executive branch. When a law is passed setting up a government program, Congress must pass an authorization bill that states the maximum amount of money available.
Investigation Congress may investigate both issues that warrant study and wrongdoings by public officials. Through COMMITTEE HEARINGS, Congress has examined issues such as crime, consumer safety, health care, and foreign trade.
Partisanship Fierce loyalty to one's political party — generally is not admired in the United States today.
Majority and Minority Parties After each legislative election the party that wins the most representatives is designated the "MAJORITY" in each house, and the other party is called the "MINORITY."
Majority Party Leadership Positions The majority party holds the most significant leadership positions, such as Speaker of the House.
Conference/Caucus At the beginning of each new Congress, the members of each party gather in special meetings to talk party policy and themes and to select their leaders by majority vote. Democrats call meeting "CAUCUS," and Republicans call theirs a "CONFERENCE."
When Each House Convenes in Its First Session The Congressional leaders, such as the SPEAKER OF THE HOUSE and the MAJORITY LEADER in the Senate, are selected. The whole house votes for its leaders even though the majority party selects party leaders ahead of time
Speaker of the House The most powerful member of the House of Representatives, and arguably, the most influential single legislator in both houses. Always a member of the majority party.
Important Powers of the Speaker of the House The Speaker.. 1. Presides over proceedings on House floor.. 2. Influences which bills go to which committees.. 3. Influences committee assignments for new members.. 4. Appoints other party's leaders.. 5. Rules on questions of parliamentary procedure
The Majority Leader Usually the second ranking member of the majority party, is the party leader on the floor. Often hand-picked by the Speaker, the majority leader helps plan the party's legislative program.
The Minority Leader Heads and organizes the minority party. Because this party has less voting power than majority party has, this person's influence is usually limited. If the minority party succeeds in next congressional election, minority leader could be next Speaker.
Senate Leadership The Senate leadership is characterized by its highest positions actually having very little power. By Constitutional provision, the president of the Senate is the VICE PRESIDENT of the United States, who only can cast a vote in case of a tie.
President Pro Tempore The Vice President rarely sits with the Senate, so a PRESIDENT PRO TEMPORE is selected to take his place. This role too is largely ceremonial, so the chair is often passed to a junior Senator.
Majority Leader Important Powers The majority leader is usually the most influential person in the Senate. He has the privilege of beginning debates on legislation, and he usually influences choices for committee assignments.
Legislation Despite promises made by presidential candidates, the President has no direct power to pass any LEGISLATION. This very important power lies solely with the House of Representatives and the Senate.
The People's Influence Many considerations influence the voting patterns of members of Congress, including... 1. Constituents' Views.. 2. Party Views.. 3. Personal Views
Constituents' Views Members of Congress often visit their home districts and states to keep in touch with their CONSTITUENTS' views.
Party Views Congress is organized primarily along party lines. Party membership is an important determinant of a member's vote. Each party develops its own version of many important bills, and party leaders actively pressure members to vote according to party views
Personal Views Those who believe that PERSONAL VIEWS are most important argue that the people vote for candidates whose judgment they trust. If the people disagree with their decisions, they can always vote them out of office.
Gridlock GRIDLOCK can occur when the legislative branch of Congress and the executive branch of the President are led by different political parties. Coming to agreement on new legislation during these periods of divided government can prove difficult.
1. Committees Bills begin and end their lives in COMMITTEES, whether they are passed into law or not. Hearings from interest groups and agency bureaucrats are held at the committee and subcommittee level.
2. Committees Committee members play key roles in floor debate about the bills that they foster. Committees help to organize the most important work of Congress — considering, shaping, and passing laws to govern the nation.
Types of Committees There are four types of congressional committees... 1. Standing Committees.. 2. Select Committees.. 3. Joint Committees.. 4. Conference Committees
Standing Committees Continue from one Congress to the next, and are probably the most important type because they consider and shape the vast majority of proposed laws. Standing committees can be combined or discontinued. They conduct investigations
Select Committtees Are temporarily formed for specific purposes, often to study a particular issue. They usually do not draft legislation.
Joint Committees JOINT COMMITTEES have similar purposes as select committees, but they are made up of members from both the House and the Senate. They are set up to conduct business between the houses and to help focus public attention on major issues.
Conference Committees CONFERENCE COMMITTEES are specially created when the House and the Senate need to reconcile different versions of the same bill. A conference committee is made up of members from the House and Senate committees that originally considered the bill.
Congressional Election After each CONGRESSIONAL ELECTION, political parties assign newly elected Representatives and Senators to standing committees.
Committee Asingments Committee assignment is one of the most important decisions for a new member's future work in Congress. Usually, members seek appointment on committees that will allow them to serve their districts or state the most directly.
Members from "Safe" Districts members from a "SAFE" DISTRICT — where his or her reelection is not in jeopardy — and who wants to be a leader in Congress, may want to be named to a powerful committee, such as Foreign Relations, Judiciary, or the HOUSE WAYS AND MEANS.
Constitutional Provisions CONSTITUTIONAL PROVISIONS, whose primary purposes are to create obstacles, govern the process that a bill goes through before it becomes law.
The Three Stages a Bill Must Survive in Each House 1. Committee consideration.. 2. Floor debate.. 3. Conference committees
Committee Consideration New bills are sent to standing committees by subject matter. After hearings from various experts, government officials, or lobbyists where they present their view, the bill is marked up, or revised, until the committee is ready to send it to the floor.
Floor Debate In the House only, a bill goes from committee to a special RULES COMMITTEE that sets time limits on debate and rules for adding amendments.
Quorum Both houses require a QUORUM (majority) of its members to be present for a vote.
Passage of a Bill PASSAGE OF A BILL generally requires a majority vote by the members present.
Conference Committees A conference committee is formed to merge two versions of a bill — one from the House and one from the Senate — when the two houses cannot readily agree on alterations, the bill is particularly important, controversial, or complex.
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