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“Lecture” October 25th
Topic 4.3-4.4 Continued
Amendments
Congress can propose constitutional amendments by a two-
thirds vote of each house and has done so 33 times.
Congress can also call a national convention of state delegates
to propose an amendment, but has never done so.
Executive Powers
All major presidential appointments must be confirmed by a
majority vote of the Senate.
The Senate rarely rejects a Cabinet appointment, though
candidates may be withdrawn.
The custom of senatorial courtesy means the Senate will
only approve appointees supported by the Senators from
the appointee’s state who belong to the President’s party.
Executive Powers: Congressional Influence
The Senate approves high level appointments by the
President.
The President consults with Congress during the negotiation
of treaties.
Presidents may need to make changes in a treaty at the
behest of Congress.
Even after a treaty has been approved, Congress can repeal it.
The Impeachment Process
The Constitution allows Congress to remove the President, Vice
President, and all civil officers for treason, bribery, or high crimes
and misdemeanors.
The House has the sole power to impeach, or bring charges against
an official. This requires a majority vote.
There Senate then acts as a court and tries the official. Convicting an
official takes a two-thirds majority.
Convicted officials, including the President, are removed from office
and can be banned from holding office again.
Impeachments
To date, 17 federal officials have been impeached and seven
convicted.
All those convicted were federal judges.
President Andrew Johnson was impeached in 1868 after harsh
disagreements with the Republican Congress about how to carry
out Reconstruction after the Civil War. The Senate found him not
guilty by one vote.
Watergate
Richard Nixon resigned the presidency in
1974 under threat of impeachment due to the
Watergate Scandal.
Investigation into the Watergate burglary
uncovered many illegal acts by Nixon’s
administration, including bribery, perjury, and
fraud.
Gerald Ford (right) succeeded him as
president.
Clinton’s Impeachment
President Clinton was impeached by the House in 1998 but found
not guilty by the Senate in 1999.
He was charged with perjury and obstruction of justice for
withholding information about an inappropriate relationship with a
White House intern.
Opponents of his impeachment argued that these acts did not qualify
as “high crimes and misdemeanors.”
Oversight/ Investigatory Power
Congress has the implied power to investigate
any matter that falls within the scope of its
lawmaking authority.
This oversight power is exercised most
often by congressional committees.
Investigatory Power
Congress may choose to conduct
investigations through its standing committees
for several reasons:
(1) to gather information useful to Congress in the making
of some legislation;
(2) to oversee the
operations of various
executive branch agencies;
(3) to focus public attention
on a particular subject;
(4) to expose the
questionable activities of
public officials or private
persons;
(5) to promote the particular
interests of some members
of Congress.
Congressional Hearings
Checkpoint: What are some of the reasons that
Congress holds hearings?
To gather information needed for
lawmaking
To oversee executive branch agencies
To focus public attention on an issue
To expose questionable activities of group
or individual
To promote the interests of members of
Congress
Bill Gates
Electoral Duties
If no candidate receives a majority of electoral votes for President
or Vice President, Congress chooses the winner.
The House chooses the President, voting on a state-by-state
basis for one of the top three contenders.
The Senate votes for the Vice President, with individual Senators
casting votes.
The House chose the President in 1801 and 1825. The Senate chose
the Vice President in 1837.
When the President appoints a new vice president, a majority of
both houses in Congress must approve the choice.
Electoral Duties
The House chose the President in 1801 and 1825. The Senate chose
the Vice President in 1837.
When the President appoints a new vice president, a majority of
both houses in Congress must approve the choice.
Electoral Duties
Congress Convenes
 Congress convenes every two years—on January 3 of every odd-numbered year.
 The House has formal organizational meetings at the beginning of each term to determine
committee membership and standing officers.
 The Senate, because it is a continuous body, has fewer organizational issues to address at the
start of each term.
 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.
Topic 4.5-4.6
The Presiding Officers
The Speaker of the House
 The Speaker of the House is the presiding
officer of the House of Representatives and
the acknowledged leader of the majority
party.
 The Speaker’s main duties revolve around
presiding over and keeping order in the
House.
 The Speaker names the members of all
select and conference committees, and
signs all bills and resolutions passed by the
House.
The President of the Senate
 The job of president of the Senate is
assigned by the Constitution to the
Vice President.
 The president of the Senate has
many of the same duties as the
Speaker of the House, but cannot
cast votes on legislation.
 The president pro tempore, the
leader of the majority party, is
elected from the Senate and serves
in the Vice President’s absence.
Party Officers
The Party Caucus
 The party caucus is a closed meeting of the members of each party in each
house which deals with matters of party organization.
The Floor Leaders
 The floor leaders are party officers picked for their posts by their party
colleagues.
 The party whips assist the floor leaders and serve as a liaison between the
party’s leadership and its rank-and-file members.
Committee Chairmen and Seniority Rule
 The committee chairmen are the members who head the standing
committees in each chamber of Congress.
 The chairman of each of these permanent committees is chosen from
the majority party by the majority party caucus.
 The 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.
 The head of each committee is often the longest-serving member of the
committee from the majority party.
Standing Committees
Standing committees are permanent panels in Congress to
which bills of similar nature could be sent.
Most of the standing committees handle bills dealing with
particular policy matters, such as veterans’ affairs or foreign
relations.
The majority party always holds a majority of the seats on
each committee (the lone exception being the House
Committee on Standards of Official Conduct).
Standing Committees
Permanent Committees of Congress
The House Rules Committee and Select Committees
The House Rules Committee
The Rules Committee decides
whether and under what
conditions the full House will
consider a measure.
This places great power in the
Rules Committee, as it can
speed, delay, or even prevent
House action on a measure.
The Select Committees
Select committees are
panels established to
handle a specific matter
and usually exist for a
limited time.
Most select committees
are formed to
investigate a current
matter.
Joint and Conference Committees
A joint committee is one composed of members of both houses.
Examples of joint committees include the Joint Economic
Committee, the Joint Committee on Printing, and the Joint
Committee on the Library of Congress
A 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.
Joint and Conference Committees
How A Bill Becomes a Law
How A Bill Becomes a Law:
The First Steps
A bill is a proposed law presented to the House or Senate for
consideration.
A bill or resolution usually deals with a single matter, but
sometimes a rider dealing with an unrelated matter is included.
The 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. With these actions the bill has received its first reading.
How A Bill Becomes a Law:
Types of Bills and Resolutions
How A Bill Becomes a Law:
The Bill in Committee
Discharge Petitions
 Most bills die in committee,
pigeonholed, or put away, never
to be acted upon.
 If a committee pigeonholes a
bill that a majority of the House
wishes to consider, it can be
brought out of committee via a
discharge petition.
Gathering Information
 Most committees do their work
through several
subcommittees— divisions of
existing committees formed to
address specific issues.
 Committees and subcommittees
often hold public hearings or
make a junket (trip) to gather
information relating to a
measure.
How A Bill Becomes a Law:
Committee Actions
When a subcommittee has completed its work on a bill, it
returns to the full committee. The full committee may do
one of several things:
1. Report the bill favorably, with a “do pass” recommendation.
2. Refuse to report the bill. 3. Report the bill in amended
form.
4. Report the bill with
unfavorable recommendation.
5. Report a committee bill.
How A Bill Becomes a Law:
Scheduling Floor Debate
 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.
How A Bill Becomes a Law:
The Bill on the Floor
Committee of the Whole
 The Committee of the Whole includes all members of the House, however, they
sit as one large committee and not as the House itself.
 When the Committee of the Whole resolves itself, the Speaker steps down and
another member presides. General debate follows.
Debate
 Severe limits are placed on floor debate due to the House’s large size.
 Majority and minority floor leaders generally decide in advance how they will
split the time to be spent on a bill.
How A Bill Becomes a Law:
Voting on a Bill
There are four methods of taking a floor
vote in the House:
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.
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.
How A Bill Becomes a Law:
The Bill in the Senate
Once a bill passes in the House of Representatives it is sent to
the Senate (or vice versa)
The bill then goes through the entire process again in the
Senate
The process is almost the same in the Senate as in the HOR,
expect for a few changes
How A Bill Becomes a Law:
The Bill in the Senate
Introducing a Bill and Rules for Debate
Introducing a Bill
• Bills are introduced by senators, who are formally recognized for that
purpose.
• Proceedings are much less formal in the Senate compared to the House.
Rules for Debate
• The major differences between House and Senate rules regard debate over
measures.
• As a general matter, senators may speak on the floor for as long as they wish.
• This freedom of debate allows for the fullest possible discussion of matters on
the floor.
How A Bill Becomes a Law:
The Bill in the Senate
Filibuster and Cloture
Filibuster
A filibuster is an attempt to
“talk a bill to death.”
A senator may exercise his
or her right of holding the
floor as long as necessary,
and in essence talk until a
measure is dropped.
The Cloture Rule
 Rule XXII in the Standing
Rules of the Senate deals
with cloture, or limiting
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.
How A Bill Becomes a Law:
The Bill in the Senate
Conference Committees
Any measure enacted by Congress must have been passed by
both houses in identical form.
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.
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.
How A Bill Becomes a Law:
The Bill in the Senate
The President Acts
The Constitution provides four options for the
President when he receives 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.

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Gov Topic 4.3-4.4

  • 2. Amendments Congress can propose constitutional amendments by a two- thirds vote of each house and has done so 33 times. Congress can also call a national convention of state delegates to propose an amendment, but has never done so.
  • 3. Executive Powers All major presidential appointments must be confirmed by a majority vote of the Senate. The Senate rarely rejects a Cabinet appointment, though candidates may be withdrawn. The custom of senatorial courtesy means the Senate will only approve appointees supported by the Senators from the appointee’s state who belong to the President’s party.
  • 4. Executive Powers: Congressional Influence The Senate approves high level appointments by the President. The President consults with Congress during the negotiation of treaties. Presidents may need to make changes in a treaty at the behest of Congress. Even after a treaty has been approved, Congress can repeal it.
  • 5. The Impeachment Process The Constitution allows Congress to remove the President, Vice President, and all civil officers for treason, bribery, or high crimes and misdemeanors. The House has the sole power to impeach, or bring charges against an official. This requires a majority vote. There Senate then acts as a court and tries the official. Convicting an official takes a two-thirds majority. Convicted officials, including the President, are removed from office and can be banned from holding office again.
  • 6. Impeachments To date, 17 federal officials have been impeached and seven convicted. All those convicted were federal judges. President Andrew Johnson was impeached in 1868 after harsh disagreements with the Republican Congress about how to carry out Reconstruction after the Civil War. The Senate found him not guilty by one vote.
  • 7. Watergate Richard Nixon resigned the presidency in 1974 under threat of impeachment due to the Watergate Scandal. Investigation into the Watergate burglary uncovered many illegal acts by Nixon’s administration, including bribery, perjury, and fraud. Gerald Ford (right) succeeded him as president.
  • 8. Clinton’s Impeachment President Clinton was impeached by the House in 1998 but found not guilty by the Senate in 1999. He was charged with perjury and obstruction of justice for withholding information about an inappropriate relationship with a White House intern. Opponents of his impeachment argued that these acts did not qualify as “high crimes and misdemeanors.”
  • 9. Oversight/ Investigatory Power Congress has the implied power to investigate any matter that falls within the scope of its lawmaking authority. This oversight power is exercised most often by congressional committees.
  • 10. Investigatory Power Congress may choose to conduct investigations through its standing committees for several reasons: (1) to gather information useful to Congress in the making of some legislation; (2) to oversee the operations of various executive branch agencies; (3) to focus public attention on a particular subject; (4) to expose the questionable activities of public officials or private persons; (5) to promote the particular interests of some members of Congress.
  • 11. Congressional Hearings Checkpoint: What are some of the reasons that Congress holds hearings? To gather information needed for lawmaking To oversee executive branch agencies To focus public attention on an issue To expose questionable activities of group or individual To promote the interests of members of Congress Bill Gates
  • 12. Electoral Duties If no candidate receives a majority of electoral votes for President or Vice President, Congress chooses the winner. The House chooses the President, voting on a state-by-state basis for one of the top three contenders. The Senate votes for the Vice President, with individual Senators casting votes. The House chose the President in 1801 and 1825. The Senate chose the Vice President in 1837. When the President appoints a new vice president, a majority of both houses in Congress must approve the choice.
  • 13. Electoral Duties The House chose the President in 1801 and 1825. The Senate chose the Vice President in 1837. When the President appoints a new vice president, a majority of both houses in Congress must approve the choice.
  • 15. Congress Convenes  Congress convenes every two years—on January 3 of every odd-numbered year.  The House has formal organizational meetings at the beginning of each term to determine committee membership and standing officers.  The Senate, because it is a continuous body, has fewer organizational issues to address at the start of each term.  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.
  • 17. The Presiding Officers The Speaker of the House  The Speaker of the House is the presiding officer of the House of Representatives and the acknowledged leader of the majority party.  The Speaker’s main duties revolve around presiding over and keeping order in the House.  The Speaker names the members of all select and conference committees, and signs all bills and resolutions passed by the House. The President of the Senate  The job of president of the Senate is assigned by the Constitution to the Vice President.  The president of the Senate has many of the same duties as the Speaker of the House, but cannot cast votes on legislation.  The president pro tempore, the leader of the majority party, is elected from the Senate and serves in the Vice President’s absence.
  • 18. Party Officers The Party Caucus  The party caucus is a closed meeting of the members of each party in each house which deals with matters of party organization. The Floor Leaders  The floor leaders are party officers picked for their posts by their party colleagues.  The party whips assist the floor leaders and serve as a liaison between the party’s leadership and its rank-and-file members.
  • 19. Committee Chairmen and Seniority Rule  The committee chairmen are the members who head the standing committees in each chamber of Congress.  The chairman of each of these permanent committees is chosen from the majority party by the majority party caucus.  The 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.  The head of each committee is often the longest-serving member of the committee from the majority party.
  • 20. Standing Committees Standing committees are permanent panels in Congress to which bills of similar nature could be sent. Most of the standing committees handle bills dealing with particular policy matters, such as veterans’ affairs or foreign relations. The majority party always holds a majority of the seats on each committee (the lone exception being the House Committee on Standards of Official Conduct).
  • 23. The House Rules Committee and Select Committees The House Rules Committee The Rules Committee decides whether and under what conditions the full House will consider a measure. This places great power in the Rules Committee, as it can speed, delay, or even prevent House action on a measure. The Select Committees Select committees are panels established to handle a specific matter and usually exist for a limited time. Most select committees are formed to investigate a current matter.
  • 24. Joint and Conference Committees A joint committee is one composed of members of both houses. Examples of joint committees include the Joint Economic Committee, the Joint Committee on Printing, and the Joint Committee on the Library of Congress A 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.
  • 25. Joint and Conference Committees
  • 26. How A Bill Becomes a Law
  • 27. How A Bill Becomes a Law: The First Steps A bill is a proposed law presented to the House or Senate for consideration. A bill or resolution usually deals with a single matter, but sometimes a rider dealing with an unrelated matter is included. The 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. With these actions the bill has received its first reading.
  • 28. How A Bill Becomes a Law: Types of Bills and Resolutions
  • 29. How A Bill Becomes a Law: The Bill in Committee Discharge Petitions  Most bills die in committee, pigeonholed, or put away, never to be acted upon.  If a committee pigeonholes a bill that a majority of the House wishes to consider, it can be brought out of committee via a discharge petition. Gathering Information  Most committees do their work through several subcommittees— divisions of existing committees formed to address specific issues.  Committees and subcommittees often hold public hearings or make a junket (trip) to gather information relating to a measure.
  • 30. How A Bill Becomes a Law: Committee Actions When a subcommittee has completed its work on a bill, it returns to the full committee. The full committee may do one of several things: 1. Report the bill favorably, with a “do pass” recommendation. 2. Refuse to report the bill. 3. Report the bill in amended form. 4. Report the bill with unfavorable recommendation. 5. Report a committee bill.
  • 31. How A Bill Becomes a Law: Scheduling Floor Debate  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.
  • 32. How A Bill Becomes a Law: The Bill on the Floor Committee of the Whole  The Committee of the Whole includes all members of the House, however, they sit as one large committee and not as the House itself.  When the Committee of the Whole resolves itself, the Speaker steps down and another member presides. General debate follows. Debate  Severe limits are placed on floor debate due to the House’s large size.  Majority and minority floor leaders generally decide in advance how they will split the time to be spent on a bill.
  • 33. How A Bill Becomes a Law: Voting on a Bill There are four methods of taking a floor vote in the House: 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. 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.
  • 34. How A Bill Becomes a Law: The Bill in the Senate Once a bill passes in the House of Representatives it is sent to the Senate (or vice versa) The bill then goes through the entire process again in the Senate The process is almost the same in the Senate as in the HOR, expect for a few changes
  • 35. How A Bill Becomes a Law: The Bill in the Senate Introducing a Bill and Rules for Debate Introducing a Bill • Bills are introduced by senators, who are formally recognized for that purpose. • Proceedings are much less formal in the Senate compared to the House. Rules for Debate • The major differences between House and Senate rules regard debate over measures. • As a general matter, senators may speak on the floor for as long as they wish. • This freedom of debate allows for the fullest possible discussion of matters on the floor.
  • 36. How A Bill Becomes a Law: The Bill in the Senate Filibuster and Cloture Filibuster A filibuster is an attempt to “talk a bill to death.” A senator may exercise his or her right of holding the floor as long as necessary, and in essence talk until a measure is dropped. The Cloture Rule  Rule XXII in the Standing Rules of the Senate deals with cloture, or limiting 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.
  • 37. How A Bill Becomes a Law: The Bill in the Senate Conference Committees Any measure enacted by Congress must have been passed by both houses in identical form. 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. 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.
  • 38. How A Bill Becomes a Law: The Bill in the Senate The President Acts The Constitution provides four options for the President when he receives 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.