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Article I, Section 8 (on Congress)
- Enumerated powers
- Implied powers
"The legislative authority necessarily predominates" (Madison, #51)
- The modern power of the presidency wasn't intentional
- Article II gives very little express power. Mostly legislated
- The power struggles of the time influenced the founders
- Senators represented each state legislature
- House meant to represent the people
- Class structure: senate = elite
- Only in 1913 did the 17th amendment elected the Senate by pop.
- Professional ruling class like Plato's society
- "Big picture," "protectors of society"
- The House also had class stratification.
Term length and constituencies
- House
- 435 members
- Equally populated districts
- 2 year term
- Senate
- 100 members (2 per state)
- 6 year staggered terms
Governing rules (like parliamentary procedure)
- House has more and more strict rules (size, time limits)
- In the Senate, everyone can address an issue
Prestige!
- Senate is a less formal "coming-together," so it has prestige.
- Represent the entirety of the state, so a huge amount of
canvassing
- Responsibility entrusted for 6 years
- House is less prestigious (strict rules, short terms, small areas)
- Districts can be very small
- Don't conduct impeachment trials
- Less responsibility
Functions/Responsibilities of Congress
1) Lawmaking - the primary/intended purpose
- Founders wanted broad (collective good) national policy
- Vast majority of proposals (bills) don't become laws
- Meant to be able to die in many ways
- Congresspeople don't (mostly) write their own bills
- Executive branch writes bills
- Parties write proposals and help push them through
- Interest groups
- Like the executive branch, experts = interests
2) Constituent Services
- Help out the people from your district
- Casework (e.g. handling phone call complaints)
- Acts as an access point to the political network
3) Representatives' two roles
- (Burkian) Trustee: prevent constituents from enacting dumb laws
- Act as part of the larger body
- Senators play this role more often
- Instructed Delegate
- Do what your constituents want, based on polls, casework
- House Representatives with a more sensitive seat
- Instance: tobacco
- Senators and Representatives hurt Big Tobacco as trustees
- But Virginia's tobacco industry was harmed, so labor voted
against Representatives who acted as Trustees
4) Oversight
- How is the executive handling congressional legislature?
- Confirmation/appointment powers (this is a check/balance)
- Public hearings
- Despite the quantity of these, things fall through the cracks
- Ex: FEMA officer during Katrina lied on his resume.
- There is a lot of legislation and officials.
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