The framers wanted a government of laws, not of men. Power and responsibilities of Congress How Congress serves its constituents They wanted the bulk of the power to be in the Congress  Power to pass legislation  Casework – helping constituents on a personal level  As long as Congress doesn’t violate any specific  Powers identified in Article I, Section 8  Finding lost social security checks Constitutional rights, it can do just about anything  Levy national taxes and establish tariffs  Assisting with federal job applications  It is a bicameral system, which means it has two  Borrow and spend money  Assisting with fiancée visa applications parts – the Senate and the House of Representatives  Make patent and copyright law  Earmarks / Pork Barrel Legislation – bringing to their  Regulate interstate and foreign commerce constituents federally funded projects, grants and Senate; basic eligibility  Make bankruptcy laws contracts that primarily benefit a single district or  100 total senators, 2 from each state  Support the national money supply support the post state  6 year terms (one-third of the Senate is up for office system  Example: roads, dams, research grants, weapons reelection every two years)  Establish rules of naturalization contracts, jobs  Qualifications:  Declare war  Minimum of 30 years old  Only done 5 times, thought the US has sent troops  The need to be a resident of the US for 9 years to other countries more than 20 times The Legislative Branch  They need to be a citizen of the US  Pass all laws ‘necessary and proper’ to implement  They need to be a resident of state they represent powers A Broad Overview  Senators were originally elected through state  Propose amendments to the Constitution legislatures; now they are elected directly by the  Admit new states people (due to the 17th Amendment)  Oversee the budget Categories of Congressional Power  Confirm appointments within the federal government  Power to determine its internal organization House of Representatives; basic eligibility (judges, heads of agencies)  They can censor a member, expel a member, or may  The largest part of elected government – 435 members  Ratify treaties (takes a two-third vote of the Senate to reject seating a member  Up for election every two years ratify a treaty)  Power to enact legislation  Qualifications:  Sole power to spend money through laws  Minimum of 25 years old Congressional power of enforcement  Power of investigation  They need to be a resident of US for 7 years  Amendments to the US Constitution which include a  GAO – General Accountability Office  They need to be a US citizen specific Congressional power of enforcement are 13,  The investigative branch of government; it has the  They need to be a resident of district they represent 14, 15, 18, 19, 23, 24 and 26 ability to legally demand documents from the White  Language akin to “The Congress shall have the House and Congress. Number of representatives per state is a reflection of the power to enforce this article by appropriate  Summer 2001 investigation: White House Energy states’ population relative to other states legislation” is used. Task Force, hosted by vice-president Cheney  The US census every ten years triggers a realignment  Why is this significant? The enforcement provisions  Question at hand: did special interests (oil) of the number of House seats based on any change in extend the powers of Congress originally enumerated dominate the top secret committee? the population figures in Article 1, Section 8  Judicial Powers  Once determined how many seats a state receives, it  This means they have the affect of increasing the  Impeachment and removal process falls to local state legislatures to redraw their power of Congress and diminishing that of the  They can impeach anyone in the Executive or congressional districts. individual states. Judicial branch of government  “Gerrymandering” – the manipulation of  They led to the Enforcement Acts of 1870 and redistricting to give advantage to a political party. 1871 All money related bills must originate in the House  Types of Gerrymandering:  Legitimacy?  Partisan Gerrymandering  The Supreme Court has held that the Congressional Congressional pay: $155,000 annually (January 2002)  Racial Gerrymandering power to enforce creates an exception to the  Shaw v. Reno: Supreme Court rules doctrine of state sovereignty race can be a factor in redistricting only  Katzenbach v.Morgan if there is a "compelling state interest."  Decided in 1966, the Supreme Court concluded that  Methods of Gerrymandering congress can forbid practices which that are not  “Tight packing” – grouping a political themselves unconstitutional, if the law is aimed at party into one district preventing or remedying constitutional violations  “Loose packing” – spreading a political party across many districts How Congress disciplines its members Perks and Privileges of being a Congressperson Congressional ethics ➢ Congress may chose to not seat a member  Free medical care Congressional ethics have been a serious issue due to a ➢ The party leadership may remove a member from a  Hire an extensive professional staff; use resources of number of personal and financial scandals. committee, including the chairmanship. various government agencies  Separation of powers and corruption ➢ Expulsion from the Legislature  Housing deduction of $3,000  Fragmentation of power increases number of  Article 1, Section 5 of the US Constitution provides  IRS personnel set up shop in each office, and do officials with opportunity to sell influence that each part of Congress will derive rules in which Congress person and staff’s taxes  Example: senatorial courtesy rule offers to punish its members for disorderly behavior  Pay no sales tax on Capitol Hill opportunity for office seeker to influence a  A two-thirds vote is necessary to expel a member  Congressperson and 2 top staffers are exempt from senator  Since 1789, the Senate has expelled only 15 of paying Washington DC income taxes  Forms of influence its members (of that number, 14 were charged  National Art Gallery lends original art paintings to  Money with supporting the Confederacy) members to decorate their offices  Exchange of favors ➢ Censure  There’s a special office to wrap packages, free of  Problem of defining unethical conduct  A censure is like a public reprimand. It does not charge  Violation of criminal law is obviously unethical remove a sitting federal official, but it is instead a  Have a professional photographer follow you around  1941-1999, nearly 50 members have faced formal statement of disapproval. (at no cost to Congressperson) criminal charges; most are convicted  It is argued by some Constitutional experts that  Free parking space at the Washington-area  1978-1992, charges of congressional misconduct censure of a president violates the Constitution’s international and domestic airports, just steps from the directed against 63 members prohibition on bills of attainder. terminal.  31 sanctioned and convicted;  Bill of attainder is an act of the legislature  Congressional members are allowed to take taxpayer-  16 resigned or announced retirement declaring someone guilty of crimes and paid-for desk and chair home for free  Most infamous: ABSCAM (1980-1981) punishing them without trial.  Members and staff fly around the country, pad for by and Jim Wright (1989)  The Congress may also expunge (remove) a the government, but the person gets to keep the  C. New ethics rules (104th Congress) censure from the record frequent flies miles  “Honoraria”  Probable Censure Procedure:  Members are reimbursed for personal miles at a higher  Speaking fees accepted by members of Congress.  A resolution censuring the President is not rate than taxpayers In 1991 the House forbade members to accept contemplated by the House rules. There is no  Free long distance calling to anywhere honoraria, while the Senate limited such income straightforward structure for considering it.  Free ending library service from the Library of so long as a percentage is designated to charity.  A special rule from the House Rules Committee Congress, with no fines for overdue books (thousands  Regarding campaign funds, there is a ban retaining would be required for its floor consideration and of books go unreturned every year!) to any surplus; however, it may be hold to be to set debate parameters.  Free limo and chauffeurs, most of whom are Capitol utilized for future campaigns police taken from their regular duties  A politician may ‘donate’ their own campaign  A censure resolution would be drafted, introduced by a Representative, and referred to the House  Free radio and television studio usage funds to another candidate, even if to pay off debt. Judiciary Committee for its consideration.  Taxpayer subsidized $5 for the retirement fund for  Example: in 2008, Hillary Clinton’s campaign  (in the Senate) the censure resolution would members for every $1 that members themselves approached Obama, hoping he would dedicate begin either with one member or from the contribute some of his campaign funds to pay ff hr debt. Senate Judiciary Committee  Free mailing privileges  Lobbying: Once leaving Congress, they are banned  OR a unanimous consent agreement could be  Exempt from certain laws which apply to ordinary for 1 year before they may become a lobbyist worked out in advance to introduce a censure citizens.  Any gifts received have a limit: $250 House limit, resolution, sending it for immediate consideration $100 Senate  Floor debate and possible amendment of a Congress has the sole power to legislate for the US.  Lobbyist payments to congress members banned for censure resolution would most likely be  Under the “non-delegation doctrine”, Congress may travel, legal defense funds, or directed charitable governed by a unanimous consent agreement not delegate its lawmaking responsibilities to any other donations among all Senators agency.  Problems with ethics rules  If there is a single objection to a unanimous  Clinton v.City of New York – in 1998, the Supreme  Rules assume money is the only source of corruption consent agreement, the Majority Leader could Court held that Congress could not delegate the  Neglect political alliances and personal friendships move to proceed to a censure resolution “line item veto” to the president, by which he was that are part of legislative bargaining.  Adoption of a motion to proceed requires a empowered to selectively nullify certain provisions  The Framers were more concerned to ensure liberty majority vote, unless it is filibustered; in that of a bill before signing it. (through checks and balances) than morality case, a three-fifths vote (60 votes) is required  Congressional Accountability Act of 1995