Chapter 5The

U.S. Congress

Section 1

Role and Power of Congress

* * Quick Review * * _________is the name given to the body

of people who make up the ____________ Branch of the Federal Government.

Main role in the government is to make

the nation’s ______.

Made up of two houses:

- The Senate

- The House of Representatives

CongressLegislative

(100)

(435)

laws

What Influences the members of Congress’ votes?

Personal beliefs

Interests of the Constituents

“Kun-stitch-you-ents”

“Constituents” the residents of the Congress members’

local district or state.

* Since most of us live in El Segundo Congressional District # 36, we are “constituents” of the person who is elected from our district.

Currently: Janice Hahn

El Segundo sits in Congressional District 36

Janice Hahn is our Rep to the House and we are her constituents

What Influences the members of Congress’ votes?

Personal beliefs

Interests of the Constituents

Concerns of Interest Groups

Interest Groups

People acting together to achieve

shared political goals.

American Association of Retired Persons ( AARP )

- 38 Million Members @ 12.50 a year membership

National Education Association ( NEA )

- 3.2 Million members paying almost $300M in yearly dues.

National Rifle Association ( NRA )

- 4 Million members

What Influences the members of Congress’ votes?

Personal beliefs

Interests of the Constituents

Concerns of Interest Groups

Loyalty to Political Parties

“Political Action Committees”

Branches of interest groups that participate in government issues and contribute money to campaigns electing Congress members.

Top PAC’s National Association of

Realtors – 2.9 million National Beer

Wholesalers – 2.8 million Intl Brotherhood of

Electrical Workers – 2.3 million

American Bankers Assn. – 2.3 million

Super PAC’s

Restore our Future - Raised 131million, spent 142 million on Support of Romney

Priorities USA Action – Raised 63 million and spent 67 million on Obama support

Super PACs are a new kind of political action committee created in July 2010 following the outcome of a federal court case known as SpeechNow.org v. Federal Election Commission.Technically known as independent expenditure-only committees, Super PACs may raise unlimited sums of money from corporations, unions, associations and individuals, then spend unlimited sums to overtly advocate for or against political candidates. Super PACs must, however, report their donors to the Federal Election Commission on a monthly or quarterly basis -- the Super PAC's choice -- as a traditional PAC would. Unlike traditional PACs, Super PACs are prohibited from donating money directly to political candidates.

“Oversight”(another Responsibility of Congress)

* Overseeing the performance of government agencies.

* Looks into possible scandals or abuses of Federal power.

* To conduct investigations of agency actions and programs.

Section 2

House and Members of Congress

Membership in the House of Representatives

Membership in the House of Representatives is based upon the _____________ of each state.

(California has 53 while Nebraska has __ members )

State population is determined by a “_________” which

is a national population count taken every ____ years.

The census is used to establish equal “Congressional Districts” within a given state.

Nebraska has 3 “Congressional” districts each representing about 625,000 people )

population3

census10

Membership in the House of Representatives

The Current House of Representatives has 435 “Voting” Members. (the first Congress had 65)

“Non-voting” delegates include :

• Washington D.C. (District of Columbia)

• Guam

• Virgin Islands

• America Somoa

These members can have an active role in debate and can voice concerns in committees, but do not have voting privileges for passing legislation.

Membership in the House of Representatives

A member of the House is called a “Congressman” or “Congresswoman”

There are no term limits ( you can serve as long as you keep getting re-elected.)

Members of the House of Representatives serve a ___ year term.2

California’s Congressional Districts

Congressional Districts

Following a census, the state Legislatures have the task of drawing the boundaries for Congressional Districts in their states.

Gerrymandering The practice of establishing district lines

that may favor one political party or group over another.

Districts are changed to meet the wishes of a political purpose.

Republican or Democratic district,

Racially profiled district.

For Example :

There are 12 people in your town.

6 of those people belong to group “O”

6 of those people belong to group “X”

The people in your town :

• 2 districts are controlled by “X” and 2 by “O”

• Live in 4 equal districts of 3 people each

But a group of political leaders want to change the “make-up”

of each district by redrawing the boundaries…

So these leaders take a look again . . .

• 6 of those people still belong to group “O”

• 6 of those people still belong to group “X”

But it is time to redraw the districts

• But 3 districts are controlled by “X” and only 1 by “O”

• There still needs to be 4 equal districts of 3 people each

Start with this . . .

X

X

O

X

X

O

X

O O

O O

X

Start with this . . .

X

X

O

X

X

O

X

O O

O O

X

Start with this . . .

X

X

O

X

X

O

X

O O

O O

X

Start with this . . .

X

X

O

X

X

O

X

O O

O O

X

Start with this . . .

X

X

O

X

X

O

X

O O

O O

X

We started with this . . .

X

X

O

X

X

O

X

O O

O O

X

X

X

O

X

X

O

XX

O O

O O

We ended with this . . .

Gerrymandering Even though there were equal amounts of

people in each group to begin with ( 6 from the “X” and 6 from the “O” )

Gerrymandering allowed us to manipulate the existing people into groups that can be influential:3 groups of “X” and only 1 “O” group that is

represented in a law-making body.

New task:Can you make 3 equal districts of 4 people

2 districts are controlled by “X” and only 1 by “O”

New task:Can you make 3 equal districts of 4 people

2 districts are controlled by “X” and only 1 by “O”

New task: Gerrymander the areaCan you make 3 equal districts of 4 people

• But 2 districts are controlled by “X” and only 1 by “O”

Constitutional Pay

Members of Congress have the authority to determine the salary of the U.S. Congress. ( currently $169,300 year )

27th Amendment was put in place to check and balance their power.

27th Amendment Constitutional Pay

Any new salary increase determined by the members of Congress will not take effect until after the next election has occurred.

( This amendment was first introduced in 1789 but was not passed with the Bill of Rights. )

Privileges given to House and Senate members…

FrankingFree postage to district and state.

ImmunityCannot be sued for anything they say, andcannot be arrested on the way to the Capitol forany session of Congress (unless it is a capitalcrime.)

Basic Info about Congress

House of Representatives

___ years old ___ years Citizenship ___ year Term

United States

Senate ___ years old ___ years Citizenship ___ year term2

7

25 30

9

6

Section 3

Powers of Congress

Who’s got the POWER?

Expressed Powers

Expressed powers give Congress the right to make laws in five main areas:Government financeRegulation of commerceNational defenseLaw enforcementNational sovereginty

Impeachment Powers Congress holds power to formally accuse

and bring federal officials to trial. The Process of Impeaching a President

has many steps. There are 2 major steps to focus on:

A) House voting to impeach (charge) B) Senate holding a trial to determine guilt

Impeachment Process (House)

A House Impeachment Committee is asked to investigate claims that the President has committed a “high crime” against the U.S.

The committee finds enough evidence to write up the Articles. ( Official charges of criminal activity )

The Articles are brought to the entire House of Reps for a discussion and vote.

(A majority vote is necessary to pass)

Impeachment Process (Senate)

1. After Articles of Impeachment are approved by a majority vote of the House, the Senate will hold a trial to determine the guilt of the President.

2. A 2/3rds vote is needed to remove a President from office.

3. Vice President acts as judge – unless it is the president who is being impeached.

Impeaching PresidentClinton

Pres. Clinton Impeachment

Two(2) Articles of Impeachment are passed by the House of Representatives in December,1998.

Text of Impeachment Articles against Clinton

2 other articles were written by the committee but were not

passed by the entire House of Representatives.

• Article 2 “Obstruction of Justice”

• Article 1 Perjury……“Lying under Oath”

Pres. Clinton Impeachment

Because Impeachment charges were approved by the full House of Representatives, a trial by the Senate is scheduled to take place.

Pres. Clinton Impeachment

The trial does not result in removal from office A 55-45 vote on Article 1 “Lying under Oath”

Voting not guilty (10 Rep, 45 Dem)

Voting guilty (45 Rep, 0 Dem)

A 50-50 vote on Article 2 “Obstruction Charge”

Voting not guilty (5 Rep, 45 Dem)

Voting guilty (50 Rep, 0 Dem)

Pres. Clinton Impeachment

Impeaching President

Nixon

Pres. Nixon Impeachment Three(3) Articles of Impeachment are passed by

the Committee Investigating whether to bring impeachment charges against Nixon. (Late July,1974)

Text of Impeachment Articles against Nixon

• Article 2 “Misuse of Executive Power”

• Article 1 “Obstruction of Justice”

• Article 3 “Obstruction of Justice”

On August 5th, Nixon releases tapes that: indicate he knew 6 days after the break-in that the White House

was involved. He ordered a cover-up. He requested the FBI to stop their investigation of the scandal

On August 7th, Nixon is advised it doesn’t look good.

On August 8th, Nixon gives 9pm speech to country telling of his intentions to resign.

Pres. Nixon Impeachment

Aug. 9,1974Richard Nixon becomes

an ex-President after

giving his farewell

address speech.

•

Pres. Nixon Impeachment

Timeline of Nixon’s Presidency1968 Nixon is elected defeats Hubert Humphrey in one of the closest elections in U.S. history. 1971 The New York Times publishes the Pentagon Papers -- the Defense Department's secret history of the Vietnam War. The White House "plumbers" unit - burglarizes a psychiatrist's office to find files on Daniel Ellsberg, the former defense

analyst who leaked the Pentagon Papers. 1972 Five men, one of whom says he used to work for the CIA, are arrested at 2:30 a.m. trying to bug the offices of the Democratic National Committee at the Watergate hotel and office complex. FBI agents establish that the Watergate break-in stems from a massive campaign of political spying and sabotage Nixon is reelected in one of the largest landslides in American political history, taking more than 60 percent of the vote1973 Former Nixon aides G. Gordon Liddy and James W. McCord Jr. are convicted of conspiracy, burglary and wiretapping in the Watergate incident. Five other men plead guilty, but mysteries remain. Nixon's top White House staffers, H.R. Haldeman and John Ehrlichman, and Attorney General Richard Kleindienst resign over the scandal. White House counsel John Dean is fired. May 18, 1973: The Senate Watergate committee begins its nationally televised hearings. July 13, 1973: Alexander Butterfield, former presidential appointments secretary, reveals in congressional testimony that since 1971 Nixon had recorded all conversations and telephone calls in his offices. July 18, 1973: Nixon reportedly orders the White House taping system disconnected. July 23, 1973: Nixon refuses to turn over the presidential tape recordings to the Senate Watergate committee or the special prosecutor. October 20, 1973: Saturday Night Massacre: Nixon fires Archibald Cox and abolishes the office of the special prosecutor. Attorney General Richardson and Deputy Attorney General William D. Ruckelshaus resign. Pressure for impeachment mounts in Congress. November 17, 1973: Nixon declares, "I'm not a crook," maintaining his innocence in the Watergate case. December 7, 1973: The White House can't explain an 18 1/2 -minute gap in one of the subpoenaed tapes. Chief of staff Alexander Haig says one theory is that "some sinister force" erased the segment. 1974 April 30, 1974: The White House releases more than 1,200 pages of edited transcripts of the Nixon tapes to the House Judiciary Committee, but the committee insists that the tapes themselves must be turned over. July 24, 1974: The Supreme Court rules unanimously that Nixon must turn over the tape recordings of 64 White House conversations, rejecting the president's claims of executive privilege. July 27, 1974: House Judiciary Committee passes the first of three articles of impeachment, charging obstruction of justice. August 8, 1974: Richard Nixon becomes the first U.S. president to resign. Vice President Gerald R. Ford assumes the country's highest office. He will later pardon Nixon of all charges related to the Watergate case.

Expressed Powers contd. Ratifying Treaties

2/3 vote required to approvePowerful tool in foreign diplomacy

Approving AppointmentsMajority vote required for all presidential appointments

Deciding Elections – under certain circumstancesHouse – each state one vote (Pres. only)Senate – each senator one vote (VP only)

Implied Powers

Necessary and Proper Clause – Elastic ClauseExamples: Bank of United States (McCullough

v Maryland), military academiesUsed extensively throughout history

Probably not originally intended

Limits on Powers

Supreme Court has power of Judicial Review to determine when Congress has reached beyond its powers

Any law that the court rules unconstitutional has no force

10th amendment limits Congress’ powers: reserved powers of the states.

Limits on Powers

Ex Post Facto

A law that applies to an action that took place before the law was passed.

Ex Post Facto

Anyone in the class wearing a pair of jeanstoday loses 20 points from their grade.

This law was made up after the fact that people have come to the class.

A law that goes into effect tomorrow would not be considered “Ex-Post Facto”

Limits on Powers

Bill of Attainder

A law that punishes a person who has not been convicted in a court of law.

Bill of Attainder

A law that specifically targets a person or group resulting in punishment without any justification from a court trial.

Bill of Attainder

EXAMPLE:

All Japanese persons are forbidden from sailing into Pearl Harbor during December.

This punishes people without them having a court case determine if they should be.

Limits on Powers

Writ of Habeas Corpus Police must bring all persons accused to a court and provide evidence to justify their imprisonment.

Writ of Habeas Corpus

A person who is brought to jail must be charged with a crime within 48 hours or released.