What Body Contains the House of Representatives and the Senate
The House of Representatives
The United States House of Representatives is one of the two houses of the United states Congress.
Learning Objectives
Discuss the organizational construction of the House of Representatives and the qualifications for its members
Primal Takeaways
Cardinal Points
- The major power of the Firm is to pass federal legislation that affects the entire country although its bills must also be passed by the Senate and further agreed to by the U.S. President before becoming law.
- Each U.South. state is represented in the Business firm in proportion to its population but is entitled to at least one representative. The most populous state, California, currently has 53 representatives.
- In some states, the Republican and Democratic parties choose their candidates for each district in their political conventions in leap or early on summer, which often use unanimous voice votes to reflect either confidence in the incumbent or considering of bargaining in earlier private discussions.
- The House uses committees and their subcommittees for a variety of purposes, including the review of bills and the oversight of the executive co-operative. The entire Firm formally makes the engagement of committee members, simply the option of members is actually made by the political parties.
- The Constitution empowers the House of Representatives to impeach federal officials for treason, bribery, or other high crimes and misdemeanors and empowers the Senate to try such impeachment.
Key Terms
- impeachment: the act of impeaching a public official, either elected or appointed, before a tribunal charged with determining the facts of the thing.
The Firm of Representatives
Groundwork
The The states House of Representatives is ane of the two houses of the The states Congress (bicameral legislature). It is often referred to as the Business firm. The other house is the Senate.
The composition and powers of the House are established in Article i of the United States Constitution. The major power of the House is to pass federal legislation that affects the entire country although its bills must also exist passed past the Senate and farther agreed to by the United States President earlier becoming police (unless both the Business firm and Senate re-laissez passer the legislation with a 2-thirds majority in each chamber). The House has several exclusive powers: the power to initiate revenue bills, to impeach officials, and to elect the President in case there is no bulk in the Balloter College.
Each U.Due south. state is represented in the House in proportion to its population but is entitled to at least 1 representative. The most populous state, California, currently has 53 representatives. Law fixes the total number of voting representatives at 435. Each representative serves for a two-year term. The Speaker of the Us House of Representatives, who presides over the bedroom, is elected by the members of the House, and is therefore traditionally the leader of the Firm Democratic Caucus or the House Republican Conference, whichever of the two Congressional Membership Organizations has more (voting) members.
Circulation
The population of U.S. Representatives is allocated to each of the l states and DC, ranked by population. DC (ranked 50) receives no seats in the House. Under Article I, Department 2 of the Constitution, population, equally determined by the demography conducted every ten years, apportions seats in the House of Representatives amid the states. Each land, yet, is entitled to at least one Representative.
Qualifications
Article I, Section 2 of the Constitution sets iii qualifications for representatives. Each representative must: (ane) be at least twenty-five years quondam; (ii) accept been a citizen of the United states of america for the past seven years; and (iii) be (at the time of the election ) an inhabitant of the land they represent. Members are not required to alive in the district they represent, but they traditionally do. The age and citizenship qualifications for representatives are less than those for senators. The constitutional requirements of Article I, Section two for election to Congress is the maximum requirements that can be imposed on a candidate. Therefore, Commodity I, Section 5, which permits each House to be the gauge of the qualifications of its ain members does not permit either Business firm to establish additional qualifications. Likewise, a land could not establish boosted qualifications.
Demographics
Congress is constantly changing, constantly in flux. In recent times, the American south and west have gained House seats according to demographic changes recorded by the demography and includes more than minorities and women although both groups are however underrepresented, according to i view. While power balances among the unlike parts of government go along to change, the internal structure of Congress is important to understand along with its interactions with and then-called intermediary institutions such every bit political parties, borough associations, interest groups, and the mass media.
Elections
Elections for representatives are held in every even-numbered year, on Election Day the kickoff Tuesday after the first Monday in Nov. Representatives must be elected from single-member districts by plurality voting.
In virtually states, major party candidates for each district are nominated in partisan main elections, typically held in spring to late summer. In some states, the Republican and Democratic parties choose their respective candidates for each commune in their political conventions in spring or early summertime. They often use unanimous voice votes to reflect either confidence in the incumbent or every bit the result of bargaining in earlier private discussions.
Representatives and Delegates serve 2-yr terms, while the Resident Commissioner serves for 4 years. The Constitution permits the House to miscarry a fellow member with a two-thirds vote. In the history of the United States, but five members accept been expelled from the Firm.
The Senate
The Senate is composed of two senators from each country who are granted exclusive powers to confirm appointments and place holds on laws.
Learning Objectives
Summarize the powers accorded the Senate and the qualifications set for Senators
Key Takeaways
Cardinal Points
- The composition and powers of the Senate are established in Commodity 1 of the U.S. Constitution. Two senators, regardless of population, represent each U.Southward. state. Senators serve staggered six-year terms.
- It has the power to consent to treaties as a precondition to their ratification and consenting or confirming appointments of Cabinet secretaries, federal judges, other federal executive officials, military machine officers, regulatory officials, ambassadors, and other federal uniformed officers.
- The Constitution stipulates that no constitutional amendment may exist created to deprive a country of its equal suffrage in the Senate without that country'due south consent.
- Senators serve terms of vi years each; the terms are staggered so that approximately one-third of the seats are upwardly for election every two years.
- Senate procedure depends non only on the rules, just also on a variety of customs and traditions. The Senate ordinarily waives some of its stricter rules by unanimous consent. Political party leaders typically negotiate unanimous consent agreements beforehand.
Key Terms
- cloture: In legislative assemblies that permit unlimited debate (delay); a movement, process or rule, by which debate is concluded then that a vote may be taken on the matter. For instance, in the Usa Senate, a three-fifths majority vote of the body is required to invoke cloture and end fence.
- bicameral: Having, or pertaining to, two separate legislative chambers or houses.
Groundwork
The The states Senate is the upper business firm of the bicameral legislature of the The states, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.Due south. Constitution. 2 senators, regardless of population, stand for each U.S. state. Senators serve staggered six-year terms. The bedchamber of the United States Senate is located in the n wing of the Capitol, in Washington, D.C., the national capital.
The Senate has several exclusive powers not granted to the House. These include the power to consent to treaties as a precondition to their ratification. The senate may also consent to or confirm the appointment of Chiffonier secretaries, federal judges, other federal executive officials, armed forces officers, regulatory officials, ambassadors, and other federal uniformed officers. The Senate is also responsible for trying federal officials impeached by the House.
The Constitution stipulates that no constitutional subpoena may exist created to deprive a state of its equal suffrage in the Senate without that state's consent. The District of Columbia and all other territories (including territories, protectorates, etc. ) are not entitled to representation in either Business firm of the Congress. The Commune of Columbia elects 2 shadow senators, just they are officials of the D.C. urban center authorities and not members of the U.South. Senate. The United states has had 50 states since 1959, thus the Senate has had 100 senators since 1959.
Qualifications
Article I, Section three of the Constitution sets three qualifications for senators: 1) they must be at least 30 years old, two) they must have been citizens of the United States for at least the past 9 years, and 3) they must exist inhabitants of u.s. they seek to represent at the time of their election. The historic period and citizenship qualifications for senators are more than stringent than those for representatives. In Federalist No. 62, James Madison justified this organisation by arguing that the "senatorial trust" chosen for a "greater extent of data and stability of graphic symbol. "
The Fourteenth Amendment to the United States Constitution disqualifies from the Senate any federal or state officers who had taken the requisite oath to support the Constitution, but later engaged in rebellion or aided the enemies of the United States. This provision, which came into strength soon after the stop of the Civil State of war, was intended to prevent those who had sided with the Confederacy from serving.
Term and Elections
Senators serve terms of six years each. The terms are staggered so that approximately ane-third of the seats are up for election every two years. This was accomplished by dividing the senators of the 1st Congress into thirds (called classes), where the terms of one-third expired later two years, the terms of another third expired later four, and the terms of the last third expired after half-dozen years. This arrangement was also followed later on the admission of new states into the marriage. The staggering of terms has been arranged such that both seats from a given state are not contested in the aforementioned general ballot, except when a mid-term vacancy is being filled. Current senators whose half-dozen-year terms expire on January iii, 2013, vest to Form I.
Daily Procedures
Senate procedure depends not only on the rules, but besides on a variety of customs and traditions. The Senate commonly waives some of its stricter rules by unanimous consent. Party leaders typically negotiate unanimous consent agreements beforehand. A senator may cake such an understanding, but in practise, objections are rare. The presiding officer enforces the rules of the Senate, and may warn members who deviate from them. The presiding officer sometimes uses the gavel of the Senate to maintain lodge.
A "agree" is placed when the leader'due south part is notified that a senator intends to object to a request for unanimous consent from the Senate to consider or pass a mensurate. A concord may exist placed for any reason and tin be lifted past a senator at whatsoever fourth dimension. A senator may identify a concord simply to review a bill, to negotiate changes to the nib, or to kill the nib. A bill can exist held for every bit long as the senator who objects to the bill wishes to block its consideration.
Holds tin can be overcome, but require time-consuming procedures such as filing cloture. Holds are considered private communications between a senator and the Leader, and are sometimes referred to equally "surreptitious holds". A senator may disclose that he or she has placed a hold.
The House and the Senate: Differences in Responsibilities and Representation
The The states Congress is composed of the Firm of Representatives and the Senate, which differ in representation, term length, power, and prestige.
Learning Objectives
Compare and dissimilarity the construction and composition of the House and Senate
Key Takeaways
Fundamental Points
- Congress is carve up into ii chambers—the Business firm of Representatives and Senate. Congress writes national legislation by dividing piece of work into split up committees which specialize in different areas. Some members of Congress are elected by their peers to be officers of these committees.
- The disparity between the most and least populous states has grown since the Connecticut Compromise, which granted each country 2 members of the Senate and at least one fellow member of the Firm of Representatives, for a total minimum of iii presidential Electors, regardless of population.
- The Senate has several distinct powers. The "communication and consent " powers, such as the power to approve treaties, are a sole Senate privilege. The Business firm, however, can initiate spending bills and has exclusive authorization to impeach officials and choose the President in an Electoral College deadlock.
- The Senate and House are further differentiated by term lengths and the number of districts represented. With longer terms, fewer members and (in all merely seven delegations) larger constituencies, senators may receive greater prestige.
Key Terms
- gerrymandering: The practice of redrawing electoral districts to gain an electoral advantage for a political party.
- apportionment: It is the procedure of allocating the political ability of a set up of constituent voters amidst their representatives in a governing body.
Background
Congress is split into two chambers: the House of Representatives and the Senate. Congress writes national legislation by dividing piece of work into divide committees which specialize in different areas. Some members of Congress are elected by their peers to be officers of these committees. Ancillary organizations such equally the Authorities Accountability Office and the Library of Congress provide Congress with information, and members of Congress accept staff and offices to assist them. Additionally, a vast industry of lobbyists helps members write legislation on behalf of diverse corporate and labor interests.
Senate Apportionment and Representation
The Constitution stipulates that no constitutional amendment may exist created to deprive a state of its equal suffrage in the Senate without that state's consent. The District of Columbia and all other territories (including territories, protectorates, etc.) are not entitled to representation in either Firm of the Congress. The District of Columbia elects two shadow senators, but they are officials of the D.C. city authorities and not members of the U.S. Senate. The Usa has had 50 states since 1959, so the Senate has had 100 senators since 1959.
The disparity between the near and least populous states has grown since the Connecticut Compromise, which granted each state two members of the Senate and at to the lowest degree one member of the House of Representatives, for a total minimum of three presidential Electors, regardless of population. This ways some citizens are effectively an lodge of magnitude better represented in the Senate than those in other states. For instance, in 1787, Virginia had roughly 10 times the population of Rhode Island. Today, California has roughly 70 times the population of Wyoming, based on the 1790 and 2000 censuses. Seats in the House of Representatives are approximately proportionate to the population of each country, reducing the disparity of representation.
Business firm of Representatives Apportionment and Representation
Nether Commodity I, Section ii of the Constitution, seats in the House of Representatives are apportioned amongst united states past population, as determined by the demography conducted every x years. Each land, withal, is entitled to at least one Representative.
The only constitutional rule relating to the size of the House reads, "The Number of Representatives shall not exceed i for every thirty Thousand. Congress regularly increased the size of the House to account for population growth until it stock-still the number of voting Firm members at 435 in 1911. The number was temporarily increased to 437 in 1959 upon the access of Alaska and Hawaii, seating i representative from each of those states without irresolute existing circulation, and returned to 435 iv years subsequently, after the reapportionment consequent to the 1960 census.
The Constitution does not provide for the representation of the District of Columbia or territories. The Commune of Columbia and the territories of American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands are represented by one non-voting delegate each. Puerto Rico elects a Resident Commissioner, but other than having a 4-year term, the Resident Commissioner's function is identical to the delegates from the other territories. The 5 Delegates and Resident Commissioner may participate in debates. Prior to 2011, they were also allowed to vote in committees and the Commission of the Whole when their votes would non be decisive.
States that are entitled to more than one Representative are divided into single-member districts. This has been a federal statutory requirement since 1967. Prior to that law, general ticket representation was used past some states. Typically, states redraw these district lines after each demography, though they may do so at other times. Each state determines its ain commune boundaries, either through legislation or through non- partisan panels. Disproportion in representatives is unconstitutional and districts must be approximately equal in. The Voting Rights Act prohibits states from gerrymandering districts.
Comparison to the Senate
Equally a check on the popularly elected House, the Senate has several singled-out powers. For example, the "advice and consent" powers are a sole Senate privilege. The House, still, can initiate spending bills and has exclusive dominance to impeach officials and choose the President in an Balloter College deadlock. The Senate and House are further differentiated by term lengths and the number of districts represented. Unlike the Senate, the Business firm is more than hierarchically organized, with leadership roles such as the Whips and the Minority and Majority leaders playing a bigger part. Moreover, the process of the House depends not simply on the rules, just also on a diversity of customs, precedents, and traditions. In many cases, the Business firm waives some of its stricter rules (including time limits on debates) by unanimous consent. With longer terms, fewer members and (in all but 7 delegations) larger constituencies, senators may receive greater prestige. The Senate has traditionally been considered a less partisan chamber because it's relatively small membership might have a better chance to banker compromises.
The Legislative Office
The House and Senate are equal partners in the legislative process; legislation cannot exist enacted without the consent of both chambers.
Learning Objectives
Differentiate between the powers granted by the Constitution to the House and Senate
Key Takeaways
Key Points
- Article I of the Constitution states all legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives. Both are equal partners in the legislative process; legislation tin't exist enacted without both their consent.
- Congress has unsaid powers deriving from the Constitution'southward Necessary and Proper Clause which permit Congress to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution…".
- Legislative, oversight, and internal authoritative tasks are divided amidst well-nigh two hundred committees and subcommittees which gather information, evaluate alternatives, and place problems.
Key Terms
- Necessary and Proper Clause: the provision in Commodity One of the United States Constitution, section 8, clause 18, which states that Congress has the power "to make all Laws which shall be necessary and proper" for executing its duties
- bypass: It is to avoid an obstacle etc, by constructing or using a bypass.
- legislative: That branch of government which is responsible for making, or having the power to make, a law or laws.
Background
Article I of the Constitution states all legislative powers herein granted shall be vested in a Congress of the United states of america, which shall consist of a Senate and a House of Representatives. The House and Senate are equal partners in the legislative procedure—legislation cannot exist enacted without the consent of both chambers. All the same, the Constitution grants each chamber some unique powers. The Senate ratifies treaties and approves presidential appointments while the Firm initiates revenue-raising bills. The House initiates impeachment cases, while the Senate decides impeachment cases. A two-thirds vote of the Senate is required before an impeached person tin be forcibly removed from office.
Congress has implied powers deriving from the Constitution's Necessary and Proper Clause which permit Congress to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the authorities of the Usa, or in any department or officer thereof. " Broad interpretations of this clause and of the Commerce Clause, the enumerated power to regulate commerce, in rulings such as McCulloch v Maryland take effectively widened the telescopic of Congress'due south legislative say-so far beyond that prescribed in Section 8.
Congress Overseeing the Executive Branch
I of Congress's foremost not-legislative functions is the ability to investigate and oversee the executive co-operative. Congressional oversight is usually delegated to committees and is facilitated by Congress's amendment power. Some critics have charged that Congress has, in some instances, failed to exercise an acceptable job of overseeing the other branches of government. In the Plame affair, critics, including Representative Henry A. Waxman, charged that Congress was not doing an adequate task of oversight in this case. There have been concerns about congressional oversight of executive actions such as warrantless wiretapping, although others respond that Congress did investigate the legality of presidential decisions.
Congress also has the exclusive ability of removal, assuasive impeachment and removal of the president, federal judges and other federal officers. There have been charges that presidents acting under the doctrine of the unitary executive take assumed important legislative and budgetary powers that should belong to Congress. And then-called 'signing statements' are i style in which a president tin can "tip the remainder of ability between Congress and the White Business firm a little more in favor of the executive branch," according to ane business relationship. Past presidents, including Ronald Reagan, George H. West. Bush, Pecker Clinton, and George Due west. Bush have made public statements when signing congressional legislation almost how they understand a bill or programme to execute it, and commentators including the American Bar Association have described this do as against the spirit of the Constitution. There have been concerns that presidential potency to cope with fiscal crises is eclipsing the power of Congress
Power in Committees
Committees write legislation. While procedures such as the House belch petition process can introduce bills to the House flooring and effectively bypass committee input, they are exceedingly difficult to implement without commission activity. Committees have power and accept been called ' independent fiefdoms'. Legislative, oversight, and internal administrative tasks are divided amidst about 2 hundred committees and subcommittees which gather information, evaluate alternatives, and place problems. They propose solutions for consideration by the full sleeping room. They also perform the function of oversight by monitoring the executive co-operative and investigating wrongdoing.
Bills and resolutions
In order to course a nib or resolution, showtime the House Financial Services committee meets. Committee members sit in the tiers of raised chairs, while those testifying and audience members sit below. Ideas for legislation can come from members, lobbyists, state legislatures, constituents, legislative counsel, or executive agencies. Ordinarily, the next step is for the proposal to be passed to a committee for review. A submitted proposal unremarkably takes one of the following forms:
- A beak, which is a law in the making.
- A joint resolution, which differs little from a neb since both are treated similarly. However, a joint resolution originates from the Firm.
- A Concurrent Resolutions, which affects both House and Senate and thus are not presented to the president for approval afterward.
- Simple resolutions, which business concern simply the House or only the Senate.
The Representation Function
A compromise plan was adopted where representatives were chosen by the population and ii senators were called by state governments.
Learning Objectives
Describe the outcome of the Connecticut Compromise
Cardinal Takeaways
Cardinal Points
- Since 1787, the population disparity between big and small states has grown. For example, in 2006 California had lxx times the population of Wyoming.
- Critics, such as ramble scholar Sanford Levinson, have suggested that the population disparity works confronting residents of large states and causes a steady redistribution of resources from large states to small states.
- The Connecticut Compromise gave every state, large and modest, an equal vote in the Senate. Since each country has ii senators, residents of smaller states have more ascendancy in the Senate than residents of larger states.
- Providing services helps members of Congress win votes because elections can brand a deviation in close races. Congressional staff tin help citizens navigate regime bureaucracies.
Key Terms
- framers: The authors of the American Constitution.
- cloakroom: A room, in a public building such as a theatre, where coats and other belongings may be left temporarily.
Background
The 2-chamber structure had functioned well in country governments. A compromise plan was adopted and representatives were chosen by the population which benefited larger states. Two senators were called by state governments which benefited smaller states.
When the Constitution was ratified in 1787, the ratio of the populations of large states to minor states was roughly 12 to 1. The Connecticut Compromise gave every state, big and minor, an equal vote in the Senate. Since each state has two senators, residents of smaller states have more ascendancy in the Senate than residents of larger states. However, since 1787, the population disparity betwixt large and minor states has grown. For example, in 2006 California had 70 times the population of Wyoming.
Critics, such every bit ramble scholar Sanford Levinson, accept suggested that the population disparity works against residents of large states and causes a steady redistribution of resource from big states to modest states. However, others argue that the framers intended for the Connecticut Compromise to construct the Senate so that each state had equal footing that was not based on population. Critics contend that the result is successful for maintaining balance.
Members and Constituents
A major function for members of Congress is providing services to constituents. Constituents request assist with problems. Providing services helps members of Congress win votes because elections can make a difference in close races. Congressional staff can assistance citizens navigate government bureaucracies. Ane bookish described the complex intertwined relation between lawmakers and constituents as "home fashion. "
Congressional Manner
According to political scientist Richard Fenno, in that location are specific ways to categorize lawmakers. Starting time, is if they are mostly motivated by reelection: these are lawmakers who never met a voter they did not like and provide excellent constituent services. Second, is if they have expert public policy: these are legislators who burnish a reputation for policy expertise and leadership. Third, is if they accept ability in the chamber: these are lawmakers who spend serious time along the rail of the House floor or in the Senate cloakroom ministering to the needs of their colleagues.
Service to Constituents
A major role for members of Congress is providing services to constituents.
Learning Objectives
Summarize the services Congresspersons and their staff provide constituents
Key Takeaways
Key Points
- A major office for members of Congress is providing services to constituents. Constituents request assistance with bug. Providing services helps members of Congress win votes and elections and can make a difference in close races.
- The member's constituency, important regional problems, prior groundwork and experience may influence the option of specialty. Senators often choose a different specialty from that of the other senator from their state to forbid overlap.
- Senators often choose a different specialty from that of the other senator from their state to prevent overlap. Some committees specialize in running the business concern of other committees and exert a powerful influence over all legislation.
Key Terms
- constituency: An involvement group or fan base of operations.
Background
A major role for members of Congress is providing services to constituents. Constituents asking assistance with problems. Providing services helps members of Congress win votes and elections and can brand a divergence in close races. Congressional staff can help citizens navigate government bureaucracies. One academic described the complex intertwined relationship betwixt lawmakers and constituents equally "home style. "
Committees investigate specialized subjects and advise the entire Congress about choices and trade-offs. The member'due south constituency, important regional bug, and prior background and experience may influence the choice of specialty. Senators often choose a dissimilar specialty from that of the other senator from their state to prevent overlap. Some committees specialize in running the business organization of other committees and exert a powerful influence over all legislation; for example, the Firm Ways and Ways Commission accept considerable influence over House affairs.
Congressional Style
One way to categorize lawmakers, according to political scientist Richard Fenno, is past their general motivation:
- re-election, these are lawmakers who "never met a voter they did non like" and provide first-class constituent services
- good public policy, legislators who burnish a reputation for policy expertise and leadership
- power in the bedroom, lawmakers who spend serious time along the track of the Business firm floor or in the Senate cloakroom ministering to the needs of their colleagues – famous legislator Henry Clay in the mid-nineteenth century was described every bit an "issue entrepreneur" who looked for problems to serve his ambitions
- gridlock, unless Congress tin can begin to work together through compromise, each member will be removed, by one means or another (i.e., by CPA).
The Oversight Function
The Us Congress has oversight of the Executive Co-operative and other U.South. federal agencies.
Learning Objectives
Describe congressional oversight and the varied bases whence its authority is derived
Primal Takeaways
Central Points
- Congressional oversight is the review, monitoring, and supervision of federal agencies, programs, activities, and policy implementation.
- Congress exercises this power largely through its congressional commission system. However, oversight, which dates to the earliest days of the Republic, besides occurs in a wide variety of congressional activities and contexts.
- It is implied in the legislature 's authority, amidst other powers and duties, to appropriate funds, enact laws, raise and support armies, provide for a Navy, declare war, and impeach and remove from office the President, Vice President, and other civil officers.
Key Terms
- subpoena: A writ requiring someone to appear in courtroom to give testimony.
Background
Congressional oversight refers to oversight by the U.s.a. Congress of the Executive Branch, including the numerous U.Due south. federal agencies. Congressional oversight is the review, monitoring, and supervision of federal agencies, programs, activities, and policy implementation. Congress exercises this power largely through its congressional commission system. Yet, oversight, which dates to the earliest days of the Democracy, also occurs in a wide variety of congressional activities and contexts. These include dominance, appropriations, investigative, and legislative hearings by standing committees; specialized investigations by select committees; and reviews and studies past congressional support agencies and staff.
Congress'southward oversight authorisation derives from its "implied" powers in the Constitution, public laws, and Business firm and Senate rules. It is an integral part of the American system of checks and balances.
Report on the Organization of Congress
Oversight is an unsaid rather than an enumerated ability under the U.S. Constitution. The authorities 'due south charter does not explicitly grant Congress the authorization to conduct inquiries or investigations of the executive, to accept access to records or materials held past the executive, or to issue subpoenas for documents or testimony from the executive.
There was little discussion of the power to oversee, review, or investigate executive action at the Ramble Convention of 1787 or later in the Federalist Papers, which argued in favor of ratification of the Constitution. The lack of contend was because oversight and its bellboy authorization were seen as an inherent power of representative assemblies, which enacted public law.
Oversight also derives from the many, varied express powers of the Congress in the Constitution. It is implied in the legislature's dominance, amongst other powers and duties, to appropriate funds, enact laws, raise and support armies, provide for a Navy, declare war, and impeach and remove from office the President, Vice President, and other civil officers. Congress could not reasonably or responsibly practise these powers without knowing what the executive was doing; how programs were existence administered, by whom, and at what cost; and whether officials were obeying the law and complying with legislative intent.
The Supreme Court of the United States fabricated the oversight powers of Congress legitimate, subject to constitutional safeguards for civil liberties, on several occasions. For instance, in 1927 the High Courtroom institute that in investigating the assistants of the Justice Department, Congress was considering a subject "on which legislation could exist had or would be materially aided past the information which the investigation was calculated to elicit. "
Activities and Avenues
Oversight occurs through a broad variety of congressional activities and avenues. Some of the virtually publicized are the comparatively rare investigations by select committees into major scandals or executive branch operations gone amiss. Examples are temporary select committee inquiries into: Red china's acquisition of U.Due south. nuclear weapons information, in 1999; the Iran-Contra matter, in 1987; intelligence agency abuses, in 1975-1976, and "Watergate," in 1973-1974. The precedent for this kind of oversight goes back two centuries: in 1792, a special House commission investigated the defeat of an Army strength by confederated Indian tribes.
The Public-Education Function of Congress
The Library of Congress provides public data and educates the public virtually legislation among other full general information.
Learning Objectives
Requite examples of the various roles the Library Congress plays in public education
Key Takeaways
Primal Points
- Putnam focused his efforts on making the Library more accessible and useful for the public and for other libraries. He instituted the interlibrary loan service, transforming the Library of Congress into what he referred to as a "library of last resort".
- Based in the Progressive era 's philosophy of science every bit a trouble-solver, and modeled afterwards successful research branches of state legislatures, the LRS would provide informed answers to Congressional research inquiries on nearly any topic.
- The library is open to the general public for academic research and tourists. Just those who are issued a Reader Identification Menu may enter the reading rooms and access the collection.
Primal Terms
- endowment: The invested funds of a not-for-profit institution.
Background
The Library of Congress, spurred by the 1897 reorganization, began to grow and develop more rapidly. Herbert Putnam held the office for forty years from 1899 to 1939, entering into the position two years before the Library became the first in the U.s.a. to concord one million volumes. Putnam focused his efforts on making the Library more accessible and useful for the public and for other libraries. He instituted the interlibrary loan service, transforming the Library of Congress into what he referred to as a library of last resort. Putnam also expanded Library access to "scientific investigators and duly qualified individuals" and began publishing primary sources for the benefit of scholars.
Putnam's tenure besides saw increasing variety in the Library's acquisitions. In 1903, he persuaded President Theodore Roosevelt to transfer by executive order the papers of the Founding Fathers from the Country Department to the Library of Congress. Putnam expanded foreign acquisitions as well.
In 1914, Putnam established the Legislative Reference Service as a separative administrative unit of the Library. Based in the Progressive era'southward philosophy of science every bit a problem-solver, and modeled after successful research branches of state legislatures, the LRS would provide informed answers to Congressional enquiry inquiries on nigh any topic. In 1965, Congress passed an act allowing the Library of Congress to found a trust fund lath to accept donations and endowments, giving the Library a part equally a patron of the arts.
The Library received the donations and endowments of prominent individuals such as John D. Rockefeller, James B. Wilbur and Archer M. Huntington. Gertrude Clarke Whittall donated five Stradivarius violins to the Library and Elizabeth Sprague Coolidge'southward donations paid for a concert hall within the Library of Congress edifice and the institution of an honorarium for the Music Sectionalization. A number of chairs and consultantships were established from the donations, the best known of which is the Poet Laureate Consultant.
Library of Congress Expansion
The Library's expansion eventually filled the Library'due south Main Edifice, despite shelving expansions in 1910 and 1927, forcing the Library to expand into a new structure. Congress caused nearby land in 1928 and approved construction of the Annex Building (later the John Adams Building) in 1930. Although delayed during the Depression years, it was completed in 1938 and opened to the public in 1939.
When Putnam retired in 1939, President Franklin D. Roosevelt appointed Archibald MacLeish as his successor. Occupying the post from 1939 to 1944 during the height of Globe War Two, MacLeish became the most visible Librarian of Congress in the Library's history. MacLeish encouraged librarians to oppose totalitarianism on behalf of commonwealth; dedicated the South Reading Room of the Adams Building to Thomas Jefferson, commissioning artist Ezra Winter to paint four themed murals for the room; and established a "republic alcove" in the Main Reading Room of the Jefferson Building for of import documents such every bit the Annunciation, Constitution and Federalist Papers.
Even the Library of Congress assisted during the state of war effort. These efforts ranged from the storage of the Declaration of Independence and the United States Constitution in Fort Knox for safekeeping to researching conditions information on the Himalayas for Air Force pilots. MacLeish resigned in 1944 to become Assistant Secretarial assistant of Country, and President Harry Truman appointed Luther H. Evans as Librarian of Congress. Evans, who served until 1953, expanded the Library'south acquisitions, cataloging and bibliographic services as much as the fiscal-minded Congress would allow, just his chief achievement was the creation of Library of Congress Missions around the world. Missions played a multifariousness of roles in the postwar world: the mission in San Francisco assisted participants in the meeting that established the Un, the mission in Europe acquired European publications for the Library of Congress and other American libraries, and the mission in Japan aided in the creation of the National Diet Library.
In 2016, Dr. Carla Hayden was appointed as the 14th Librarian of Congress, the starting time woman, and the first African-American to serve in the position.The library is open up to the general public for academic research and tourists. But those who are issued a Reader Identification Card may enter the reading rooms and access the collection. The Reader Identification Card is available in the Madison edifice to persons who are at least xvi years of age upon presentation of a government issued picture identification (east.g. driver's license, land ID card or passport). However, but members of Congress, Supreme Court Justices, their staff, Library of Congress staff and certain other authorities officials may really remove items from the library buildings. Members of the general public with Reader Identification Cards must use items from the library collection inside the reading rooms only. Since 1902, libraries in the United States have been able to asking books and other items through interlibrary loan from the Library of Congress if these items are not readily available elsewhere.
The Conflict-Resolution Function
Both the Senate and the Firm have a conflict-resolution process before a bill is passed equally a slice of legislation.
Learning Objectives
Summarize the steps past which a bill becomes law
Fundamental Takeaways
Key Points
- Representatives introduce a bill while the House is in session by placing it in the hopper on the Clerk'south desk. It is assigned a number and referred to a committee. The committee studies each bill intensely at this phase.
- Each bill goes through several stages in each business firm including consideration by a commission and advice from the Government Accountability Role. Nearly legislation is considered by continuing committees, which have jurisdiction over a particular subject such as Agriculture or Appropriations.
- Once a bill is approved by one house, it is sent to the other house which may pass, reject, or amend it. For the nib to get law, both houses must agree to identical versions of the nib.
- After passing through both houses, a neb is sent to the president for approval. The president may sign it making it law or veto it and render it to Congress with his objections. A vetoed bill can still become police if each business firm of Congress votes to override the veto with a ii-thirds bulk.
- If Congress is adjourned during this menstruum, the president may veto legislation passed at the end of a congressional session simply by ignoring it. This maneuver is known as a pocket veto. It cannot be overridden by the adjourned Congress.
Cardinal Terms
- appropriation: Public funds fix aside for a specific purpose.
- meliorate: To make a formal amending in legislation by adding, deleting, or rephrasing.
Background
Representatives introduce a bill while the House is in session past placing it in the hopper on the Clerk's desk-bound. Information technology is assigned a number and referred to a commission. At this stage, the committee studies each bill intensely. Drafting statutes requires "slap-up skill, knowledge, and feel" and tin can sometimes take a year or more. On occasion, lobbyists write legislation and submit it to a member for introduction. Joint resolutions are the normal way to propose a constitutional amendment or declare war. On the other hand, concurrent resolutions (passed by both houses) and simple resolutions (passed by only one house) do not have the force of law, but they express the opinion of Congress or regulate procedure. Any member of either house may introduce bills. However, the Constitution provides states that: All bills for raising Acquirement shall originate in the Business firm of Representatives. While the Senate cannot originate acquirement and appropriation bills, it has the ability to amend or reject them. Congress has sought ways to establish appropriate spending levels.
Bill and Resolutions
Each pecker goes through several stages in each house including consideration past a committee and advice from the Government Accountability Office. Most legislation is taken into consideration by continuing committees, which have jurisdiction over a particular discipline such equally Agronomics or Appropriations. The House has twenty standing committees; the Senate has 16. Continuing committees meet at to the lowest degree once each month. About all standing committee meetings for transacting concern must be open up to the public unless the commission publicly votes to close the meeting. A committee might call for public hearings on important bills. A chair who belongs to the majority party and a ranking fellow member of the minority party lead each committee. Witnesses and experts can present their instance for or confronting a pecker. Then, a bill may go to what is chosen a mark-upwardly session where committee members debate the bill'south claim. The commission members may offering amendments or revisions. Committees may also amend the bill, merely the full house holds the power to accept or pass up committee amendments. Subsequently debate, the committee votes whether it wishes to study the measure to the full house. If a bill is tabled, so it is rejected. If amendments are extensive, sometimes a new bill with amendments built in will be submitted every bit a so-called "clean bill" with a new number. Mostly, members who take been in Congress longer have greater seniority and therefore greater ability.
A bill, that reaches the floor of the full house, can be simple or circuitous. It begins with an enacting formula such as "Be it enacted by the Senate and Firm of Representatives of the United states of america of America in Congress assembled. " Consideration of a bill requires, itself, a rule which is a simple resolution specifying the particulars of debate—fourth dimension limits, possibility of farther amendments, and such. Each side has equal time and members tin yield to other members who wish to speak. Sometimes opponents seek to recommit a bill, which means to change function of information technology. More often than not, give-and-take requires a quorum, usually half of the total number of representatives, before give-and-take can begin, although there are exceptions. The firm may debate and amend the nib. The precise process used by the Firm and Senate differs. A final vote on the bill follows.
Once a pecker is approved past one house, information technology is sent to the other which may laissez passer, reject, or ameliorate information technology. For the bill to become law, both houses must agree to identical versions of the bill. If the second house amends the bill, and so the differences between the two versions must be reconciled in a conference committee. This is an ad hoc committee that includes both senators and representatives and uses a reconciliation process to limit budget bills. Both Houses apply a budget enforcement mechanism informally known as "pay-as-you-go" or "pay-go" which discourages members from because acts which increase budget deficits. If both houses agree to the version reported by the conference committee, the bill passes, otherwise it fails.
The Constitution, however, requires a recorded vote if demanded past one-fifth of the members present. If the vocalisation vote is unclear or if the thing is controversial, a recorded vote usually happens.
After passage by both houses, a nib is enrolled and sent to the president for approval. The president may sign it making it law. If the neb is vetoed, the president returns information technology to Congress with his objections. A vetoed pecker can withal become police force if each house of Congress votes to override the veto with a ii-thirds majority. All the same, if Congress is adjourned during this period, the president may veto legislation passed at the terminate of a congressional session merely by ignoring it. This maneuver is known equally a pocket veto. Information technology cannot be overridden by the adjourned Congress.
Source: https://courses.lumenlearning.com/boundless-politicalscience/chapter/the-nature-and-function-of-congress/
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