LAW I COURSE 3124 2023 1

Assignment No. 9 – The U.S. Congress

1. Describe the organization and powers of the U.S. Legislative Branch under Article I
of the U.S. Constitution. Identify the necessary and proper clause contained in
Article I.
The US Legislative Branch is the first branch, and it has powers of governance, that is to
say, the executive and the legislative body are separated institutions sharing power. It is
composed by the Senate and the House of Representatives. The Legislative Branch
consists of the House of Representatives and the Senate, which together form the United
States Congress
The following article establishes the powers of Congress.
In terms of domestic policy, it has the power to lay and collect taxes, deal with
indebtedness and bankruptcy, impose duties, borrow and coin money, and generally
control the nation’s purse strings. It also may “provide for the common Defence and
general Welfare,” regulate interstate commerce, undertake public works, acquire and
control federal lands,
promote science and “useful Arts” (pertaining mostly to patents and copy- rights) and
regulate the militia.
In terms of foreign policy, it has the power to declare war and deal with piracy, regulate
foreign commerce, and raise and regulate the armed forces and military installations. It is
important to mention that the powers over war and military are supreme – in other
countries, these powers tend to be exercised by the executive, and in some cases,
Congress has ceded this authority to the president. But it can choose to assert its
constitutional authority. Moreover, the Senate has the power to approve treaties and
appoint ambassadors.

Article I, Section 8 of the US Constitution. The Congress shall have Power To lay
and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the
common Defence and general Welfare of the United States; but all Duties, Imposts and
Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with
the Indian Tribes;

To establish a uniform Rule of Naturalization, and uniform Laws on the subject of

Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of
Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the
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United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to
Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offenses
against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning
Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a
longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress
Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such
Part of them as may be employed in the Service of the United States, reserving to the
States respectively, the Appointment of the Officers, and the Authority of training the
Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not
exceeding ten Miles square) as may, by Cession of particular States, and the
Acceptance of Congress, become the Seat of the Government of the United States, and
to exercise like Authority over all Places purchased by the Consent of the Legislature of
the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals,
dock-Yards and other needful Buildings;-And

To make all Laws which shall be necessary and proper for carrying into Execution the
foregoing Powers, and all other Powers vested by this Constitution in the Government of
the United States, or in any Department or Officer thereof.

2. Complete the following chart and establish the main differences between both
Houses of Congress.
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House of Representatives Senate

Requirements 25 years old. 7 years. 30 years old. 9 years.
(age, citizenship,
residence)
2 years. 6 years, but staggered.
Length of term

435. According to population. 100. 2 per state.

Representation

Tends to be local. Both local and national.

Constituency

It has as sole powers to The Senate has the sole

Special powers initiate revenue bills, power to confirm those of
impeach federal officials, and the President’s
elect the President in the appointments that require
case of an electoral college consent, and to provide
tie. advice and consent to ratify
treaties.

Exceptions. The House must also approve appointments to the Vice Presidency and any
treaty that involves foreign trade. Under the Constitution, the House of Representatives
has the power to impeach a government official, in effect serving as prosecutor. The
Senate has the sole power to conduct impeachment trials, essentially serving as jury and
judge.
The consent of the House of Representatives is necessary for the ratification of trade
agreements and the confirmation of the Vice President.

3. Write a self-explanatory paragraph using the following words:

incumbency - legislative committees - patronage - pork-barrel legislation - earmark

There are three factors that affects who would be elected and the tasks the legislator
would perform, and one of these factors is incumbency. Once in office, legislators work
hard to serve for multiple terms, and when they succeed in staying, they are called
incumbent legislators. They establish a reputation that helps them to remain in office.
Incumbent members of congress have some important advantages, such as the
opportunity to serve on legislative committees, where they can help constituents, and the
franking privilege. But serving there is not the only way legislators can help constituents.
Legislators have their seats to serve constituents, and a way to doing so is by patronage,
which refers to a variety of forms of direct services and benefits that members provide for
their districts. A common form of patronage is known as pork-barrel legislation, through
which representatives seek to capture federal projects and federal funds for their home
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districts, and earmark is a way to get it. By this practice, legislators insert language into
pork-free bills that provides specific authority or spending for a project that benefits their
own constituents.
4. Discuss congressional districts and explain the practice of gerrymandering.

5. Define the following terms in connection with the organization of Congress and
party leadership:

 Party caucus, or party conference as well, is a normally closed meeting of a

political or legislative group to select candidates or leaders, plan strategy, or make
decisions regarding legislative matters.
 The Speaker of the House is the chief presiding officer of the House of
Representatives. The Speaker is elected at the beginning of every Congress on a
straight party vote. He or she is the most important party and House leader.
 The majority leader is the elected leader of the party holding a majority of the
seats in the House of Representatives or the Senate. In the House, the majority
leader is subordinate in the party hierarchy to the Speaker.
 The minority leader is the elected leader of the party holding less than a majority
of the seats in the House or Senate.
 A whip lines up party members on important votes and relay voting intentions to
the party leaders.

6. Answer the following questions in connection with the committee system.

a. What is a standing committee? It is a permanent legislative committee that

considers legislation within its designated subject area, the basic unit of
deliberation in the House and Senate.
b. What is a committee’s gatekeeping authority? It is the right and power of the
committee to decide if a change in policy will be considered.
c. What does “oversight” mean in the context of congressional committees? It refers
to the effort by Congress, through hearings, investigations, and other techniques,
to exercise control over the activities of executive agencies.
d. What is the relationship between committees and subcommittees? The standing
committees of the U.S. House are divided into about 100 specialized
subcommittees. These subcommittees serve their full committees in precisely the
same manner as the full committees serve the parent chamber. Thus, in their
narrow jurisdictions they have gatekeeping, proposal, interchamber bargaining, and
oversight powers.
The subcommittee has general responsibility for measures or matters within the
Rules Committee’s jurisdiction related to process and procedures of the House,
relations between the two Houses of Congress, relations between the Congress
and the Judiciary, and internal operations of the House.
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7. Look up a definition of the following terms:

 select committee. Select committees were originally established by the Senate for
a limited time period to perform a particular study or investigation. These
committees might be given or denied authority to report legislation to the Senate.
 joint committee. Joint committees include membership from both houses of
Congress. They are usually established with narrow jurisdictions and normally lack
authority to report legislation. The position of chair usually alternates each
Congress between members from the House and Senate
Select and joint committees generally handle oversight or housekeeping responsibilities

8. Language focus:

a. Read Article I, section 4, of the U.S. Constitution:

The Times, Places and Manner of holding Elections for Senators and
Representatives, shall be prescribed in each State by the Legislature thereof;
but the Congress may at any time by Law make or alter such Regulations,
except as to the Places of chusing Senators.

The Congress shall assemble at least once in every Year, and such Meeting shall
be on the first Monday in December, unless they shall by Law appoint a
different Day.

b. Find an example of:

i. a deictic word
ii. the imposition of a duty
iii. a discretionary action