Bicameral Constitution: article 1, framework if US congress, represents interests of nation and
states, legislation to distinguish between federal law and autonomy of individual states
Bicameral Legislature
- HOR, awards political representation to states, proportion to population, larger states =
more states, 435 members today
- Senate, 2 politicians per state, regardless of population, degree of protection of Interests of
smaller states
Election Cycle
- Congressional elections take place every 2 years in November, all members of the house are
on the ballot, only 1/3 of senators, party majority in either chamber can change every 2 years
- Some take place at the same time as the presidential election, mid-term elections take place
In the middle of a presidential term and occur every 4 years
- Midterms can change the overall control of the congress significantly, consequently the USA
often zigzags from United government to divided government
2020 Elections: 2 independent senators Sanders and King will vote with the Democrats,
evenly divided, Harris, has the breaking vote – democrats control the senate
Concurrent powers: powers given to both the house and the senate, create yet more checks
and balances and power sharing within the constitution
Creating Legislation
- Congress, bough houses are equal in the sense that all bills must pass through all
stages in both houses
- Neither house can override the wishes of the other
- Both houses must agree to the proposed law in exactly the same org, before it can be
sent to the president for consideration
- President has to ask congress to pass legislation, Obama asked for healthcare reform,
eventually become Affordable care act, Trump asked for a wider range of tax cuts, tax
Cuts jobs Act (2017)
Oversight of the executive branch
- Constitution makes no explicit statement concerning congress’s power of oversight,
implied by the powers granted to it in Article I
- Legislative body may investigate any subject that is properly within the scope of its
legislative bodies
- Congress establishes and votes on the budgets of all executive departments and
agencies of the federal government
- Trump collusion’s with Russians allogations, both houses bean investigations, none of
the committees could find evidence of collusion
Overriding the presidents veto
- Both houses must vote with a 2/3 majority in each Ouse
- Congress overrode 4 of Bush’s 12 vetoes during his 8 years in office, 2007, water
Resources development bill, 100 votes over the required majority I house
- Obama 8 years in office, congress overrode only 1 of 12 vetoes, 2016, Justce Against
Sponsors of Terrorism Act, Senators voted 97-1 and house voted 348-77
- Trump, congress overrode one of 10 vetoes, National Defence Authorisation Act for
Fiscal year 202181-13 Senate, 322-87 in house
Initiating constitutional amendments
- 2 houses, also co-equal, constitutional amendment must be approved by 2/3 majority in
both houses before it can be sent to states for their ratification
- Amendments contained in the bill of rights
Declaring war
- Only happened on 5 occasions, last time in 1941, America’s declarion f war on Japan
, - Since mid-20th century, congress has found itself either side-lined by presidential war
making or being asked to sanction military action that president has already decided on
e.g. Iraq
Confirming an appointed Vice President
- 25th amendment (1967)
- Power relates only to a Vice President who is appointed, not to those who are elected
- President has the power to fill a vacancy in the vice presidential offce
- 1973, Vice President Spiro Agnew resigned and president Nixon appointed Gerald Ford
and was confirmed by both senate (92-3) an house (387-35)
- President Nixon resigned the following year and Ford became president
- Ford appointed Nelson Rockefeller to succeed him as Vice President, senate (90-7) and
house (287-128)
Power given to congress in the constitution
- Constitution awards a number of enumerated powers to congress
- Neither house can override the wishes of the other and both must agree to proposed
laws I exactly the same form before president can consider
Exclusive powers
House of Representatives Senate
Consideration of all money bills, beginning of Trying cases of impeachment, senate sole
the US, house was irectly elected and founding power, determine whether the person is guilty
fathers believed that the people’s directly of the accusations, found guilty with 2/3
elected representatives should have the first majority, immediately removed from office
say in matters concerning people’s money - December 2010, Thomas Porteous,
-Senate must also pass such bills, so power removed from office
not really significant - 1999, senate acquitted Clinton of both
perjury and obstruction of justice
- Jan 2021, trump impeached, most
bipartisan vote in an impeachment trial
Memebrs of congress cant be impeached/
removed from office in this way
- Separate power, each chamber may
expel a mere for disorderly behaviour
- 2002, James Traficant, Ohio, conviction
in a federal court on charges of bribery
and filing false tax returns
Bringing charges of impeachment, 2 stage Ratifying treaties, 2/3 majority, all treaties
process, each house performs one of the 2 negotiated by the president, president needs
states, House has sole power of impeachment, to keep the senate ugly informed throughout
successfully used 21 times since 1789 treaty negotiations to a voice including
- Trump 2019 abuse of power and treaties that the senate is unlikely to ratify
obstruction of congress ,2021incitement - 2/3 eg strategic arms reduction treaty
of insurrection 2017
- Federal Judge Thomas Porteous, - Circumnavigate congress, signing
corruption and perjury executive agreement with foreign
powers
Party polarisation, majority can be very
difficult, Obama Joint comprehensive plan of
action executive agreement
Choosing president if electoral college Confirming appointment, all appointments o
deadlocked, only twice 1800 (Thomas judiciary and many of the appointments to the
Jefferson) and 1824 (John Quincy Adams) judiciary e.g. Amy Coney Barrett (52-48 votes
in senate)
Whenever a vacancy occurs in senior
executive branch post, president must seek
senates approval for replacement
appointments
states, legislation to distinguish between federal law and autonomy of individual states
Bicameral Legislature
- HOR, awards political representation to states, proportion to population, larger states =
more states, 435 members today
- Senate, 2 politicians per state, regardless of population, degree of protection of Interests of
smaller states
Election Cycle
- Congressional elections take place every 2 years in November, all members of the house are
on the ballot, only 1/3 of senators, party majority in either chamber can change every 2 years
- Some take place at the same time as the presidential election, mid-term elections take place
In the middle of a presidential term and occur every 4 years
- Midterms can change the overall control of the congress significantly, consequently the USA
often zigzags from United government to divided government
2020 Elections: 2 independent senators Sanders and King will vote with the Democrats,
evenly divided, Harris, has the breaking vote – democrats control the senate
Concurrent powers: powers given to both the house and the senate, create yet more checks
and balances and power sharing within the constitution
Creating Legislation
- Congress, bough houses are equal in the sense that all bills must pass through all
stages in both houses
- Neither house can override the wishes of the other
- Both houses must agree to the proposed law in exactly the same org, before it can be
sent to the president for consideration
- President has to ask congress to pass legislation, Obama asked for healthcare reform,
eventually become Affordable care act, Trump asked for a wider range of tax cuts, tax
Cuts jobs Act (2017)
Oversight of the executive branch
- Constitution makes no explicit statement concerning congress’s power of oversight,
implied by the powers granted to it in Article I
- Legislative body may investigate any subject that is properly within the scope of its
legislative bodies
- Congress establishes and votes on the budgets of all executive departments and
agencies of the federal government
- Trump collusion’s with Russians allogations, both houses bean investigations, none of
the committees could find evidence of collusion
Overriding the presidents veto
- Both houses must vote with a 2/3 majority in each Ouse
- Congress overrode 4 of Bush’s 12 vetoes during his 8 years in office, 2007, water
Resources development bill, 100 votes over the required majority I house
- Obama 8 years in office, congress overrode only 1 of 12 vetoes, 2016, Justce Against
Sponsors of Terrorism Act, Senators voted 97-1 and house voted 348-77
- Trump, congress overrode one of 10 vetoes, National Defence Authorisation Act for
Fiscal year 202181-13 Senate, 322-87 in house
Initiating constitutional amendments
- 2 houses, also co-equal, constitutional amendment must be approved by 2/3 majority in
both houses before it can be sent to states for their ratification
- Amendments contained in the bill of rights
Declaring war
- Only happened on 5 occasions, last time in 1941, America’s declarion f war on Japan
, - Since mid-20th century, congress has found itself either side-lined by presidential war
making or being asked to sanction military action that president has already decided on
e.g. Iraq
Confirming an appointed Vice President
- 25th amendment (1967)
- Power relates only to a Vice President who is appointed, not to those who are elected
- President has the power to fill a vacancy in the vice presidential offce
- 1973, Vice President Spiro Agnew resigned and president Nixon appointed Gerald Ford
and was confirmed by both senate (92-3) an house (387-35)
- President Nixon resigned the following year and Ford became president
- Ford appointed Nelson Rockefeller to succeed him as Vice President, senate (90-7) and
house (287-128)
Power given to congress in the constitution
- Constitution awards a number of enumerated powers to congress
- Neither house can override the wishes of the other and both must agree to proposed
laws I exactly the same form before president can consider
Exclusive powers
House of Representatives Senate
Consideration of all money bills, beginning of Trying cases of impeachment, senate sole
the US, house was irectly elected and founding power, determine whether the person is guilty
fathers believed that the people’s directly of the accusations, found guilty with 2/3
elected representatives should have the first majority, immediately removed from office
say in matters concerning people’s money - December 2010, Thomas Porteous,
-Senate must also pass such bills, so power removed from office
not really significant - 1999, senate acquitted Clinton of both
perjury and obstruction of justice
- Jan 2021, trump impeached, most
bipartisan vote in an impeachment trial
Memebrs of congress cant be impeached/
removed from office in this way
- Separate power, each chamber may
expel a mere for disorderly behaviour
- 2002, James Traficant, Ohio, conviction
in a federal court on charges of bribery
and filing false tax returns
Bringing charges of impeachment, 2 stage Ratifying treaties, 2/3 majority, all treaties
process, each house performs one of the 2 negotiated by the president, president needs
states, House has sole power of impeachment, to keep the senate ugly informed throughout
successfully used 21 times since 1789 treaty negotiations to a voice including
- Trump 2019 abuse of power and treaties that the senate is unlikely to ratify
obstruction of congress ,2021incitement - 2/3 eg strategic arms reduction treaty
of insurrection 2017
- Federal Judge Thomas Porteous, - Circumnavigate congress, signing
corruption and perjury executive agreement with foreign
powers
Party polarisation, majority can be very
difficult, Obama Joint comprehensive plan of
action executive agreement
Choosing president if electoral college Confirming appointment, all appointments o
deadlocked, only twice 1800 (Thomas judiciary and many of the appointments to the
Jefferson) and 1824 (John Quincy Adams) judiciary e.g. Amy Coney Barrett (52-48 votes
in senate)
Whenever a vacancy occurs in senior
executive branch post, president must seek
senates approval for replacement
appointments
