Unit 2 Flashcards
1
Q
What are the two houses of Congress? (Legislative Branch)
A
The Senate and House of Representatives
2
Q
3 Reasons the Constitution created a bicameral legislature
A
Historical - British parliament consisted of two houses since the 1300’s, many colonial assemblies were similar in form
Practical - A bicameral legislature was necessary to compromise the Virginia and New Jersey plans of representation.
Theoretical - The framers favored a bicameral Congress in order that one house might act as a check on the other.
3
Q
Term
A
Length of time that officials serve after an election, as in a two or six year term.
4
Q
What is the date for the start of each new term?
A
Noon of the 3rd day in January of every odd-numbered year (20th Amendment)
5
Q
Session
A
Regular period of time during which Congress conducts business.
6
Q
Adjourn
A
To suspend until the next session
7
Q
Prorogure
A
President’s power to adjourn a session but only when the two houses cannot agree on a date for adjournment.
8
Q
Number of members in House of Rep
A
435 Members (Congress decides it)
9
Q
Apportioned
A
Seats in House shall be distributed among the States on the basis of their respective populations.
10
Q
House of Rep. Term
A
2 Years (no set limit on how many)
11
Q
Reapportionment
A
redistribute the seats in the house after each census
12
Q
Reapportionment Act of 1929
A
Set permanent house size to 435
Automatic reapportionment
States redraw boundaries
13
Q
Congressional Elections
A
held on Tuesday following the first Monday in November of each even-numbered year
14
Q
Off-Year Elections
A
congressional elections half between presidential elections
15
Q
Single-Member District
A
voters in each district elect one if the States representatives
16
Q
Gerrymandering
A
drawing congressional districts to the advantage of the political party that controls the State legislature
17
Q
Qualifications for House Members
A
- must be at least 25
- must have been citizen of U.S. for at least 7 years
- must have inhibition of state from which they are elected from
18
Q
Number of Senate Members
A
100 (2 per state)
19
Q
17th Amendment
A
Passes in 1912, called for popular election of Senators
20
Q
Continuous Body
A
Senate seats are never up for election at the same time
21
Q
Qualifications for Senators
A
- Must be at least 30
- Must be U.S. citizen for at least 9 years
- must be an inhabitant of the State from which they are elected
22
Q
Representatives of the People (4 Voting Options)
A
- Trustees - each question they face must be decided on its own merits.
- Delegates - see themselves as agents of the people who elected them
- Partisans - Lawmakers who owe their first allegiance to the political party.
- Politics - attempt to combine the basic of them all.
23
Q
Oversight Function
A
process by which Congress, through it’s committees checks to see that the agencies of the executive branch are working effectively
24
Q
Compensation for Senators and House Members
A
Basic $174,300
Speaker of the House $223,000
Senate’s President Pro Tem $193k
(Congress fixes its own)
25
Franking Privilege
Allows members of Congress to mail letters and alter materials postage-free by substituting their facsimile signature for postage.
26
Membership Privileges
1. Immune from arrest for non-criminal offense while engaged in congressional business.
2. Protects them from slander from official conduct (A1, S6, C1)
27
Congressional Powers
1.Expressed
2.Implied
3.Inherent
28
Expressed Powers
granted explicitly in constitution
29
Implied Powers
granted by reasonable deduction from the expressed powers
30
Inherent Powers
granted through Constitutions creation of a National Government for the U.S.
31
Strict Constructionists
led by Thomas Jefferson, argued Congress should only be able to exercise its expressed powers, and the implied powers absolutely necessary to carry out these expressed powers.
32
Liberal (Loose) Constructionists
led by Alexander Hamilton, broad interpretation of the power given to Congress
33
Power to Tax
gives power to lay and collect taxess, duties, imports, and excises, the pay debts and provide for the common defense and general welfare (A1,S8,C1)
34
Limits on Taxing
1. Only for public reasons, not beneficial
2. cant tax imports
3. direct taxes must be apportioned among the States according to population
4. Indirect taxes must be levied at a uniform rate in all parts of the country
35
Tax
A charge levied by government on persons or property to meet public needs.
36
Borrowing Power
(A1,S8,C2) Gives congress power to borrow money on the credit of the U.S.
37
Deficit Financing
Spending more money then received in revenue and borrowing to make up difference
38
Public Debt
All money borrowed by the government over the years and not yet repaid + interest on it
39
Commerce Power
power of Congress to regualte interstates and foreign trade (Commerce Clause A1,S8,C3)
40
Limits of Commerce Power
1. Cannot tax inputs
2. cannot favor the parts of one State over those of any other in the regulation of trade
3. cannot require vessels in one state be obliged to enter, clear or pay duties in another
4. cant interfere with the slave trade (thru 1808)
41
Currency Powers
(A1,S8,C5) power to coin money and regulate the value thread
42
Legal Tender
any kind of money that a creditor must by law accept in payments for debt
43
Bankruptcy Power
(A1,S8,C4) power to establish uniform laws on the subject if bankruptcies throughout the U.S.
44
Bankruptcy
legal proceeding in which the persons assets are distributed among those to whom debt is actually owed.
45
Foreign Relations
Inherent power
46
War Powers
power to raise and support armies, to provide and maintain an army, and to organize, arm, and discipline the military (A1,S8,C11)
47
War Power Resolution 1973
Power to restrict the use of American forces in combat where a state of war does not exist
48
Naturalization
process by which citizens of one country become citizens of another (14th A)
49
Postal Powers
(A1,S8,C7) power to establish post offices and post roads
50
Copyrights
exclusive right of an author to reproduce, publish, and sell their work S8
51
Patent
grants a person the sole right to manufacture use or sell any new and useful art, machine, manufacture, or composition of matter S8
52
Weights and Measures
power to fix the standard of weights and measures thru U.S. (A1,S8)
53
Judicial Powers
Congress may create all of the federal courts below the Supreme Court and structure the federal judiciary, may also define federal crimes and punishments
54
Power over Territories
power to acquire, manage, and discipline various federal areas
55
Eminent Domain
taking of private property for public use
56
Necessary and Proper Clause
power to make all laws shall be necessary and proper for carrying into execution and foreign powers and all other powers vested by the Constitution in the government of the U.S.
57
McCullough v. Maryland
1819, formation of the second bank of the U.S. was challenged by strict constructionists (John Marshall, Chief Justice)
58
Constitutional Amendments
A5 gives power to propose amendments by a 2/3 vote in each house
59
Electoral Duties
1. If no presidential candiate winner, House decides
2. No vice presidential candidate winner, Senate decides
3.If VP is vaccated, President selects a succesor
60
Sucessor
approval by maj. vote in both houses (new VP)
61
Impeachment Power
power of removing the president, VP, and other civil officers from their office through impeachment (A1,S2,C5)
62
Impeach
bring charges against an individual. 2/3 vote in Senate for conviction
63
Appointments
all major appointments made by Pres. must be confirmed in Senate by majority vote (12 of 600 have been declined)
64
Senatorial Courtesy
senate will turn down an appointment if it is apposed by a Senator of the Presidents party from the the state involved
65
Treaties
president makes treaties by and end the advice of the consent of the Senate, 2/3 consent
66
Investigating Power
Investigations of the standing committees (multiple reasons)
1. to gather info useful to Congress in the making of some legislation's
2.to oversee the operations of various executive branch agencies
3. to focus public attention on a particular subject
4. To expose questionable activities of public officials or private persons
5. to promote the particular interest of some member of Congress
67
Congress Convenes
every two years—on January 3 of every odd-
numbered year.
68
House Meetings
House has formal organizational meetings at the beginning of
each term to determine committee membership and standing officers.
69
Senate Meetings
Also at start of each term but because its a continuous body they have less to discuss
70
State of Union
When Congress is organized, the President presents a State of the
Union message to a joint session of Congress. This message, in
which the President reports on the state of the nation as he sees it, is
given annually.
71
Speaker of the House
the presiding officer of the House of
Representatives and the acknowledged leader of the majority party.
72
Speaker of the House's Duties
1. presiding over and keeping
order in the House
2. names the members of
all select and conference
committees, and signs all bills and
resolutions passed by the House.
73
President of the Senate
assigned by the Constitution to
the Vice President.
74
President of the Senate Duties
1. same as speaker, but cant cast votes on legislation
75
President pro tempore
the leader of the majority party, is
elected from the Senate and serves
in the Vice President’s absence.
76
Party Caucus
a closed meeting of the members of each party in each house which deals with matters of party organization.
77
Floor Leaders
party officers picked for their posts by their party colleagues.
78
Party Whips
assist the floor leaders and serve as a liaison between the party’s leadership and its rank-and-file members.
79
Committee Chairman
the members who head the standing committees in each chamber of Congress.
chosen from the majority party by the majority party caucus.
80
Seniority Rule
an unwritten custom, holds that the
most important posts will be held by those party members with the longest records of service in Congress.
81
Standing Committees
permanent panels in Congress to which bills of similar nature could be sent.
82
Standing Committee Duties
handle bills dealing with particular policy matters, such as veterans’ affairs or foreign relations.
83
House Committees
20
84
Senate Committees
17
85
House Rules Committee
1.decides whether and under what
conditions the full House will consider a measure.
2. can speed, delay, or even prevent House action on a measure.
86
Select Committees
1. panels established to handle a specific matter and usually exist for a limited time.
2. formed to investigate a current matter
87
Joint Committee
one composed of members of both houses.
88
Conference Committee
a temporary, joint body—is
created to iron out differences between bills passed by the House and Senate before they are sent to the President.
89
Bill
a proposed law presented to the House or Senate for consideration.
90
Rider
deals with an unrelated matter is
included
91
Clerk of the House
numbers each bill, gives it a short
title, and enters it into the House Journal and the Congressional Record for the day.
92
Joint Resolution Bill
proposal for action that has the force of law when passed; usually deals with special circumstances or temporary matters
93
Concurrent Resolutions Bill
statement of a position on an issue used by the House and Senates acting jointly; does not require presidents signature
94
Resolution Bill
measures relating to the business of either house or expressing an opinion on a matter; does mt have force of law; does not require presidents signature
95
Discharge Petitions
If a committee pigeonholes a bill that a majority of the House wishes to consider, it can be brought out of
the committee
96
Subcommittees
1. divisions of existing committees formed to address specific issues
2.Committees and subcommittees
often hold public hearings or make a junket (trip) to gather information relating to a measure.
97
Committee Actions
1. Report the bill favorably, with a “do pass” recommendation.
2. Refuse to report the bill
3.report bill in amended form
4.Report the bill with unfavorable recommendation.
5. report a committee bill
98
Scheduling Floor Debates
A bill is placed into one of five calendars before going to the floor for consideration:
1. The Calendar of the Committee of the Whole House on the State of the Union
2. The House Calendar
3. The Calendar of the Committee of the Whole House
4. The Consent Calendar
5. The Discharge Calendar
Before most measures can be taken from a calendar, the Rules Committee must approve that step and set a time for its appearance on the floor.
99
Committee of the Whole
1.Includes all members of the House, however, they sit as one large committee and not as the House itself.
2.When the Committee of the Whole resolves itself, the Speaker steps down and another member presides. General debate follows.
100
Debate
1. Severe Limits Placed
2. Majority and minority floor leaders generally decide in advance how they will split the time to be spent on a bill.
101
Voting on a Bill
1. During voice votes the Speaker
calls for the “ayes” and then the
“noes.”
2. In a standing vote, members in
favor of for and then those opposed
to the bill rise and then are counted
by the clerk.
3. One fifth of a quorum can demand
a teller vote, in which the Speaker
names two tellers, for and against,
and members pass by each one to
be counted.
4. A roll-call vote may be demanded
by one fifth of the members present.
102
Engrossed
Once a bill has been approved at second reading, it is engrossed, or printed in its final form. It is then read for a third time and a final vote is taken.
103
Introducing a Bill
1. Bills are introduced by senators, who are formally recognized for that purpose.
2. Proceedings are much less formal in the Senate compared to the House.
104
Rules for Debate
senators may speak on the floor for as long as they wish.
105
Filibuster
an attempt to “talk a bill to death.”
106
Cloture Rule
limits debate
If at least 60 senators vote for cloture, no more than another 30 hours may be spent on debate,
forcing a vote on a bill.
107
Conference Committees
1. If one of the houses will not accept the other’s version of a bill, a conference committee is formed
to iron out the differences.
2. Once a conference committee completes work on a bill, it is returned to both houses for final approval. It must be accepted or rejected without amendment.
108
President Actions on a Bill
1. The President may sign the bill, and it then becomes law.
2. The President may veto the bill, or refuse to sign it. The President’s veto can be overridden by a two-thirds vote of the members present in each house.
3. If the President does not act upon a bill within 10 days of receiving it, it becomes law.
4. A pocket veto occurs if Congress adjourns within 10 days of submitting a bill and the President does not sign it. The bill then dies.
109
Steps to Become a Bill
Step 1: The bill is drafted.
Step 2: The bill is introduced.
Step 3: The bill goes to committee
Step 4: Subcommittee review of the bill
Step 5: Committee mark up of the bill.
Step 6: Voting by the full chamber on the bill.
Step 7: Referral of the bill to the other chamber.
Step 8: The bill goes to the president.
