Lecture 11-2

Powers

• Some powers are expressly granted.

• Others are implied by the necessary and proper clause

• Fundamental power is the ability to control money (including fiscal federalism)

• Other clauses have increase the power to the Congress over many years (commerce clause – elastic clause)

Limitations

• Congress is limited to the powers granted

• Specific limitation include bans on bill of attainder and expost facto laws as well as the provisions of the Bill of Rights

• The structural checks and balances of the constitution also limit Congress

Other Considerations

• Reapportionment of House seats occurs every ten years

• The Seventeenth Amendment provided for popular election of senators

• Differences exist between the House and the Senate, with senators enjoying more prestige than representatives

The Members of Congress - Who Are They?

• Senators and representatives must meet the constitutional requirements for membership

• Congress remains predominantly a men’s club, not truly reflecting in its membership the diversity of the American population

The Members of Congress - How Do They See Their Role?

• Trustee role

• Delegate role

• Politico style

How Long Do They Stay?

• Until the 1970's the tendency was toward longer periods of service.

• recently, the increased workload and opportunities for greater financial reward elsewhere have made a lengthy stay in Congress less attractive

How Much Do They Do?

• The workload in the nineteenth century was light, and the pace was easy.

• Today, the business of Congress has expanded in both volume and complexity.

What Do They Do?

• Discuss bills and pass laws

• Secure benefits (called “pork barrel”) for their districts and states.

• Act as ombudsman for constituents

Legislative Norms: How Do Members See Each Other?

• Among the most important legislative norms is reciprocity, a factor in “logrolling.”

• Personal courtesy

• Specialization in one or two subjects, usually matters within their assigned committees

Legislative Norms: How Do Members See Each Other?

• Legislative work should be preferred to publicity seeking

• The older practice of serving a quiet “apprenticeship” is rarely followed today