Overview of American Congress and Its Powers

Sep 6, 2024

American Government: Congress Overview

Introduction

  • Focus on Congress: While the presidency is often viewed as the center of power, the framers intended Congress to be the cornerstone of the new republic.
  • Constitutional Powers: Article 1 grants Congress powers like overseeing the budget, confirming judicial and executive nominations, and declaring war.
  • Public Perception: Congress is often criticized and misunderstood.

11.1 The Institutional Design of Congress

Learning Objectives

  • Role of Congress in the U.S. constitutional system
  • Define bicameralism and explain gerrymandering
  • Discuss powers granted to Congress

Historical Context

  • Articles of Confederation: Failed to unify states, leading to the Constitutional Convention of 1787.
  • Constitutional Convention: Resulted in a bicameral Congress to balance power between large and small states.

Bicameral Structure

  • Great Compromise: Established the Senate with two members per state and the House with representation based on population.
  • Constitutional Provisions: Congress's powers and restraints outlined in Article 1, including taxation, commerce regulation, and legislative processes.

Bicameral System Benefits

  • Ensures deliberation and prevents rash legislation.
  • Difficult for a single faction to dominate.

Representation and Apportionment

  • Senate: 100 members (2 per state), 6-year terms, elected by popular vote post-17th Amendment.
  • House: 435 members, based on state population, 2-year terms.
  • Redistricting & Gerrymandering: Redrawn every 10 years based on census data.

Congressional Powers

  • Types of Powers:

    • Enumerated: Explicitly in Constitution (e.g., taxation, declaring war).
    • Implied: Necessary for executing enumerated powers (e.g., regulation of banks).
    • Inherent: Essential for functioning government (e.g., border control).
  • Historical Power Struggles:

    • Shift in power between Congress and the President over time.
    • Examples include expanded presidential power during wars and economic crises.

11.2 Congressional Elections

Learning Objectives

  • Understand characteristics and elections of the House and Senate.
  • Examine campaign funding and incumbency effects.

Election Dynamics

  • House members serve 2-year terms, senators 6-year terms.
  • Incumbency provides significant electoral advantages due to name recognition and fundraising abilities.

Campaign Financing

  • Campaigns are expensive; rules have evolved to regulate funding.
  • Citizens United: Removed spending limits on corporations, leading to emergence of Super PACs.

11.3 Congressional Representation

Models of Representation

  • Delegate Model: Representatives enact constituents’ wishes.
  • Trustee Model: Representatives use judgment to make decisions.
  • Politico Model: Combination of delegate and trustee models.

Descriptive Representation

  • Importance of diversity in Congress reflecting demographic diversity of the U.S.
  • Increase in women and minority representation over time.

11.4 House and Senate Organizations

Party Leadership

  • Speaker of the House: Most powerful position in the House.
  • Majority/Minority Leaders and Whips: Organize party strategies and enforce discipline.

Committee System

  • Standing Committees: Handle specific duties (e.g., finance, agriculture).
  • Committee Chairs: Hold significant power in legislative process.

11.5 The Legislative Process

Classic vs. Modern Process

  • Classic Process: Drafting, committee review, debates, and votes in both chambers.
  • Modern Changes: Increased use of omnibus bills, expanded party leadership control.

Filibuster

  • Historically used to delay or block legislation; requires cloture to end.

Conclusion

  • Congress's Role: Balances between addressing national concerns and representing local interests.
  • Ongoing Challenges: Balancing power among branches, regulating campaign finance, and adapting legislative processes.