The Constitution

 Located in Article I Congress at Recess

 Framers of the Constitution
intended Congress to be the
most powerful branch, why?
 Congress usually meets from
January until November, often
take a summer “recess” and
don’t work on Fri.; special
session
 How has the work schedule of
Congress changed over time
and what are the results of that?
House of Representatives
 Our legislature was divided into
two parts at the Constitutional
Convention, why?
 The House of Representative has
435 voting members, each state has
at least one representative; census
used to determine how many reps
each state gets
 Must be 25, a citizen for 7 years,
and resident of the state
 States draw boundary lines for
election districts, states must
ensure that about the same
number of people are in each
district; abuse and
gerrymandering?
 Serve 2 year terms, usually focus
on needs of district rather than the
whole state
The Senate
The Senate has 100 members- KY Senator’s Rand Paul
2 from each of the 50 states
Senators represent the entire (R) and Mitch McConnell
state and serve 6 year terms (R)
Must be 30, 9 years a citizen,
and live in the state
Elections are staggered so
that 1/3 of all senators are up
for reelection at any one
time, why?
Senate is considered more
prestigious and more
moderate than the House,
why?
Legislative Powers
 The powers that are specifically
given to the Congress are called
“expressed powers” or “enumerated
powers”
 Constitution gives Congress the
power to do whatever is “necessary
and proper” to carry out their
expressed powers
 “Implied powers” powers needed to
perform their job but not listed; Air
Force, purchasing land; potential
problems with implied powers?
 To pay for the govt. and its services
Congress has the power to collect
taxes
 All tax bills must start in the House
of Representatives, but Senate must
approve; why?
Legislative Powers
 Congress has the power to
regulate foreign and interstate
commerce; includes trade and
other economic activities
among the states
 Laws dealing with air traffic,
railroads, trucking, radio,
television, air pollution, and the
stock market are based on this
power
 Congress has the power to
declare war; who sends troops?
 Congress has the power to
create, maintain, and oversee
the armed forces
 Senate must approve any
treaties the president makes
Non-Legislative Powers
 Congress can propose
constitutional amendments
 Senate has the power to
approve or reject the President’s
nominees for various high-
ranking officials such as his
Cabinet
 House has the authority to
impeach federal officials who
have committed a serious crime
or offense; if House votes to
impeach two thirds in Senate
must agree for the official to be
removed; Johnson and Clinton
 Congress monitors the activities
of the president and makes sure
he enforces their laws
Limits on Power
 Constitution reserves many powers to
the states
 Supreme Court can declare laws  Protesting against Guantanamo
passed by Congress to be Bay
unconstitutional
 President can veto bills passed by
Congress; Congress can override veto
with a 2/3 vote in each house
 Congress can not suspend the “writ of
habeas corpus”; court order that
requires police to bring a prisoner to
court to explain why they are holding
the person
 Congress can not pass a “bill of
attainder”; laws that punish a person
without a jury trial
 Congress can not pass “ex post facto”
laws; laws that make an act a crime
after the act has been committed
Congress As A Career
 For most of our history members
of Congress did not stay in their
seats for very long; ex. Lincoln
only served one term in the
House and then returned to
Illinois House
 Pay for rank-and-file members of
Congress is $174,000
 Personal wealth of Congress?
 Also eligible for retirement, and
health benefits
 Incumbents have a high
probability of being re-elected to
office
Benefits of Incumbency
 Congress currently has a 21%
approval rating (Gallup, Oct. 1-10,
2018)
 Why do so many members of
Congress get re-elected?
 “I hate Congress, but I like my
Representative” effect
 Seniority
 Gerrymandering and district
composition
 Pork barrel projects; one man’s
trash is another man’s treasure
 Build loyalty through constituent
services and mailings (franking)
 Incumbents have a significant
fundraising advantage?
 Why would strong candidate not
challenge incumbents, especially in
the House?
Risks of Incumbency
 “Throw all the bums out effect;”
2006, 2010
 Personal misconduct: scandal is a
major reasons incumbent lose; some
politicians get to comfortable and
arrogant and think they don’t have
to play by the rules
 Turnout variation: midterm
elections have much lower turnout
than Presidential elections
 Change in electoral composition?
 Why does the President’s party
usually lose seats in midterm
elections?
 Senators are more likely to receive a
strong challenger?
 Primary problems
 Redistricting can force House
members against each other