Text 1 Historical and Constitutional background of Legislative Power

Enumerated powers of Congress

Article I vests "all legislative Powers herein" in the Congress and later (in §8) lists those powers. This list of powers was a compromise resulting from one of the major differences of opinion at the convention. The Virginia delegation proposed — in direct response to the problems that had been experienced under the Articles of Confederation — that Congress be given the power "to legislate in all cases to which the separate states are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation," However, other delegates objected that this gave too much power to Congress. The final compromise language listed particular subject-matter areas in which it was anticipated that individual state legislation would be disruptive of the "harmony of the United States." Because the powers are set out individually in a list, they are often referred to as Congress's "enumerated powers."

The major powers listed in §8 are those one would expect a national government to have: the powers to issue money, to establish a postal system, to create federal courts, to raise an army and navy, to declare war, to collect taxes and spend money for the general welfare, and the like. As it has developed, the most important of the powers granted is the one empowering Congress to regulate interstate commerce.

Compromise on Representation

Another major disagreement among the Framers arose over the composition and the method of selection of the national legislature provided for under Article I. The Federalists wanted representation in the legislature based on population, rather than on equal state representation. This would prevent states representing a minority of the population from blocking national legislation, as had happened under the Articles of Confederation. However, strong opposition from the smaller states forced the Framers to compromise. A dual system of representation in a bicameral or two-chamber Congress was agreed to. One "house," the House of Representatives, would have proportional representation based on population, while the other house, the Senate, would have equal representation from each state. To assure that the House of Representatives would better reflect the prevailing sentiment of the voters, its members, called "representatives" or simply "members of Congress," were made subject to re-election every 2 years. Senators would serve 6-year terms so as to provide some stability. Both houses would have to agree to legislation before it could become law.

In accordance with this system, today there are 100 Senators (two from each of 50 states) and 435 members of the House of Representatives representing the residents of as many districts throughout the country. The 435 House seats are divided among the states based on total population (281,421,906 in 2000), but allowing every state a minimum of one representative.

Compromise on Slavery

In the southern states, an agricultural economy based on slavery had developed and the question of slavery came up several times at the convention. Slavery was not abolished by the Constitution nor was Congress given the power to abolish it. Despite viewing slaves as property rather than human beings, southern delegates insisted that they be counted the same as citizens in determining the number of representatives in Congress. A compromise was reached to count slaves as three-fifths of a free person." Southerners also insisted on a provision requiring the return of escaped slaves from other states." However, many of the Framers hoped that slavery would eventually be abolished and, in another compromise, Congress was authorized to outlaw further importation of slaves after the year 1808.

Assuring the Supremacy of Federal Law

Another area of disagreement that arose during discussions of the legislative power was how to deal with conflicts between federal legislation and state law. Under the Articles of Confederation serious problems had arisen when states simply ignored federal laws and treaties which they did not like. Originally, Madison's plan called for a veto procedure whereby Congress could pass resolutions that would annul the effect of particular state laws. Others argued that this means of assuring federal supremacy would be too direct an affront to the states and unwieldy. The Framers settled upon a clause, set out in Article VI, which is referred to as the "supremacy clause":

This Constitution and the Laws of the United Stales which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and Judges in every State shall be bound thereby, anything in the Constitution or Laws of any State to the Contrary not withstanding.

Congress's "Power of the Purse"

A power of Congress about which the Framers did not disagree was the "power of the purse." They resolved that the sole power to decide whether and to what extent to tax and fund governmental programs must be lodged in Congress." Further, Article I gives the sole power to originate revenue bills to the House of Representatives, the house most directly representative of the people." This clause assured that there would be "no taxation without representation"—a major complaint about British colonial taxes. In addition, the "power of the purse" would serve as a democratic curb on presidential excesses and adventures, since both would likely need funding. The Framers also gave Congress the ultimate check on executive and Judicial power— the power of impeachment and removal from office of any "civil Officers of the United States," including the President and any federal judge."

Notes: James Madison (March 16, 1751 – June 28, 1836), was an American politician and the fourth President of the United States (1809–1817), and one of the Founding Fathers of the United States. Considered to be the "Father of the Constitution", he was the principal author of the document. In 1788, he wrote over a third of the Federalist Papers, still the most influential commentary on the Constitution. As a leader in the first Congresses, he drafted many basic laws and was responsible for the first ten amendments to the Constitution (said to be based on the Virginia Declaration of Rights), and thus is also known as the "Father of the Bill of Rights". As a political theorist, Madison's most distinctive belief was that the new republic needed checks and balances to limit the powers of special interests, which Madison called factions. He believed very strongly that the new nation should fight against aristocracy and corruption and was deeply committed to creating mechanisms that would ensure republicanism in the United States.

Language practice and comprehension check

USEFUL VOCABULARY:

whereby conj. In accordance with which; by or through which.

thereby adv. 1. By that means; because of that. 2. In connection with that: "And thereby hangs a tale" Shakespeare.

to raise v. 1. To gather together; collect: raise money from the neighbors for a charity.2. To end (a siege) by withdrawing troops or forcing the enemy troops to withdraw. 3. To remove or withdraw (an order). 4. To erect or build: raise a new building.

sentiment n. 1. A thought, view, or attitude, especially one based mainly on emotion instead of reason: An anti-American sentiment swept through the country.

TERMS AND NOTIONS:

Enumerated powers (delegated powers) - powers specifically listed in Article I, Section 8 of the Constitution as being granted to the Congress.

Supremacy clause - Article VI, Section 2 of the Constitution, which states that the "Constitution, and the laws of the United States made in pursuance thereof ... shall be the supreme law of the land." Thus, if any state laws come into conflict with the Constitution , then the Constitution must win out.

Express powers - powers which are directly specified in the Constitution.

Implied powers - powers which are not explicitly stated in the constitution, but which are implied through the "necessary and proper" clause in Article I, Section 8.

Inherent powers - powers which the national government naturally has to represent the country in relations with other countries.

Sole adj. 1. Being the only one: the sole survivor of the crash.2. Of or relating to only one individual or group; exclusive: The court has the sole right to decide.

A revenue bill focuses on methods for raising money, e.g. taxes, user fees, customs duties, and tariffs

TASK I Match the words on the left with the words on the right. Use them in the sentences of your own:

1. individual a) state legislation

2. major b) powers

3. proportional c) representation

4. equal d) representation

5. prevailing e) sentiment

TASK II Study the meanings of the suffix dis-

1 a : do the opposite of /disestablish/  b : deprive of (a specified quality, rank, or object) /disfranchise/  c : exclude or expel from /disbar/ 2 : opposite or absence of /disunion/ /disaffection/ 3 : not /disagreeable/ 4 : completely /disannul/ 5[by folk etymology] : dys- /disfunction/

and match the words in the left column with their synonyms in the right column:

1. disrupt, v. a. to break apart, to throw into disorder

2. dishonest, adj. b. unfair, deceptive

3. disinterested , adj. c. unbiased, indifferent

4. dismissal n. d. removal

5. disorder n. e. irregularity

6. displacement n. f. substitution

7. dissolution n. g. termination

8. disregard v. h. neglect

TASK III Match the verbs from the text with their definitions:

1. vest v. a. to authorize, empower

2. result from v. b. to vest

3. legislate v. c. to make or enact laws

4. disrupt v. d. to interrupt the normal course or unity of

5. anticipate v. f. to foresee and deal with in advance

6. raise g. to get together for a purpose : collect

7. resolve v. h. to reach a firm decision about

8. lodge v. i. to lay (as a complaint) before a proper authority : file

TASK IV Complete the following statements:

1. The final compromise language listed…

2. The Federalists wanted representation…

3. However, many of the Framers hoped that slavery would…

4. Another area of disagreement that arose…

5. A power of Congress about which the Framers did not disagree…

6. The Framers also gave Congress…

TASK V

Slavery was not abolished by the Constitution. Congress wasn’t given the power to abolish it. (nor)

TASK VI Use the text to provide the information for the table below:

Areas of disagreement	Final decision

TASK VII Answer the following questions:

1. What was the result of the major difference of opinion at the Convention?

2. What was the Virginia proposal?

3. Why did other delegates object to this proposal?

4. Why is the list of powers referred to as “enumerated powers”?

5. What are the major powers of Congress?

6. How did the Federalists consider the representation in Congress?

7. What system of representation was agreed to?

8. What terms are members of the Congress elected for?

9. How many Senators and Representatives are there in Congress?

10. Why did the Southern delegates insist that slaves be counted the same as citizens?

11. Why didn’t the Framers abolish slavery?

12. How did the Framers decide the problem of conflicts between federal legislation and state law?

13. Which power did the Framers agree about?

14. Why did Article I give the sole power to originate revenue bills to the House of Representatives?

15. Why is the power of impeachment so important?

TASK VIII Issues to discuss:

1. The list of powers of Congress

2. A dual system of representation.

3. Compromise on slavery.

4. Federal supremacy.

TASK IX Agree or disagree with the following quotation:

Tyranny is always better organized than freedom.

Charles Pegui (1873-1914)

French writer

Text 2 CONGRESS MEMBERSHIP

Composition, Qualifications

Article I, Section 1, of the United States Constitution, provides that:

• All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

The Senate is composed of 100 Members - two from each state, regardless of population or area - elected by the people in accordance with the 17th Amendment to the Constitution. The 17th Amendment changed the former constitutional method under which Senators were chosen by the respective state legislatures. A Senator must be at least 30 years of age, have been a citizen of the United States for nine years, and, when elected, be a resident of the state for which the Senator is chosen. The term of office is six years and one-third of the total membership of the Senate is elected every second year. The terms of both Senators from a particular state are arranged so that they do not terminate at the same time. Of the two Senators from a state serving at the same time the one who was elected first - or if both were elected at the same time, the one elected for a full term—is referred to as the "senior" Senator from that state. The other is referred to as the "junior" Senator. If a Senator dies or resigns during the term, the governor of the state must call a special election unless the state legislature has authorized the governor to appoint a successor until the next election, at which time a successor is elected for the balance of the term. Most of the state legislatures have granted their governors the power of appointment.

Each Senator has one vote.

As constituted in the 108th Congress, the House of Representatives is composed of 435 Members elected every two years from among the 50 states, apportioned to their total populations. The permanent number of 435 was established by federal law following the

Thirteenth Decennial Census in 1910, in accordance with Article I, Section 2, of the Constitution. This number was increased temporarily to 437 for the 87th Congress to provide for one Representative each for Alaska and Hawaii. The Constitution limits the number of Representatives to not more than one for every 30,000 of population. Under a former apportionment in one state, a particular Representative represented more than 900,000 constituents, while another in the same state was elected from a district having a population of only 175,000. The Supreme Court has since held unconstitutional a Missouri statute permitting a maximum population variance of 3.1 percent from mathematical equality. The Court ruled in Kirkpatrick v. Preisler, 394 U.S. 526 (1969), that the variances among the districts were not unavoidable and, therefore, were invalid. That decision was an interpretation of the Court's earlier ruling in Wesberry v. Sanders, 376 U.S. 1 (1964), that the Constitution requires that "as nearly as is practicable one man's vote in a congressional election is to be worth as much as another's".

A law enacted in 1967 abolished all "at-large" elections except in those less populous states entitled to only one Representative. An "at-large" election is one in which a Representative is elected by the voters of the entire state rather than by the voters in a congressional district within the state.

A Representative must be at least 25 years of age, have been a citizen of the United States for seven years, and, when elected, be a resident of the state in which the Representative is chosen. Unlike the Senate where a successor may be appointed by a governor when a vacancy occurs during a term, if a Representative dies or resigns during the term, the executive authority of the state must call a special election pursuant to state law for the choosing of a successor to serve for the unexpired portion of the term.

Each Representative has one vote.

In addition to the Representatives from each of the States, a Resident Commissioner from the Commonwealth of Puerto Rico and Delegates from the District of Columbia, American Samoa, Guam, and the Virgin Islands are elected pursuant to federal law. The Resident Commissioner, elected for a four-year term, and the Delegates, elected for two-year terms, have most of the prerogatives of Representatives including the right to vote in committees to which they are elected. However, the Resident Commissioner and the Delegates do not have the right to vote on matters before the House.

Under the provisions of Section 2 of the 20th Amendment to the Constitution, Congress must assemble at least once every year, at noon on the third day of January, unless by law they appoint a different day.

A Congress lasts for two years, commencing in January of the year following the biennial election of Members. A Congress is divided into two sessions.

The Constitution authorizes each House to determine the rules of its proceedings. Pursuant to that authority, the House of Representatives adopts its rules on the opening day of each Congress. The Senate considers itself a continuing body and operates under continuous standing rules that it amends from time to time.

Unlike some other parliamentary bodies, both the Senate and the House of Representatives have equal legislative functions and powers with certain exceptions. For example, the Constitution provides that only the House of Representatives originate revenue bills. By tradition, the House also originates appropriations bills. As both bodies have equal legislative powers, the designation of one as the "upper" House and the other as the "lower" House is not appropriate.

The chief function of Congress is the making of laws. In addition, the Senate has the function of advising and consenting to treaties and to certain nominations by the President. However under the 25th Amendment to the Constitution, both Houses confirm the President's nomination for Vice-President when there is a vacancy in that office. In the matter of impeachments, the House of Representatives presents the charges - a function similar to that of a grand jury - and the Senate sits as a court to try the impeachment. No impeached person may be removed without a two-thirds vote of the Senate. The Congress under the Constitution and by statute also plays a role in presidential elections. Both Houses meet in joint session on the sixth day of January, following a presidential election, unless by law they appoint a different day, to count the electoral votes. If no candidate receives a majority of the total electoral votes, the House of Representatives, each state delegation having one vote, chooses the President from among the three candidates having the largest number of electoral votes. The Senate, each Senator having one vote, chooses the Vice President from the two candidates having the largest number of votes for that office.