Changes

The leader of the Senate is chosen by majority vote of the political party that is in the majority.  Currently there are 59 senators who are Democrats (including two Independents who vote with the Democrats), so the Majority Leader of the Senate is a Democrat:  [[Harry Reid]].

The leader of the Senate is chosen by majority vote of the political party that is in the majority.  Currently there are 59 senators who are Democrats (including two Independents who vote with the Democrats), so the Majority Leader of the Senate is a Democrat:  [[Harry Reid]].

==V. [[Congress]]ional [[Power]]s==

== Congressional Powers ==

Now we turn to [[Congress]], beginning with the [[power]]s that the [[Constitution]] gives it.

The Constitution gives the following powers to Congress:

[[Tax]]ing [[Power]]: [[Congress]] can [[tax]] either to raise [[revenue]] or to [[regulation|regulate]] an activity.  Some [[tax]]es are designed to discourage sales, such as [[tax]]es on [[gasoline]] and [[cigarette]]s.  Neither [[Congress]] nor the [[state]]s can [[tax]] [[exports]].

Taxing Power: Congress can tax either to raise revenue or to regulate an activity.  Some taxes are designed to discourage sales, such as taxes on gasoline and cigarettes.  Neither Congress nor the states can tax exports.

Spending [[Power]]: [[Congress]] can spend [[money]] on any public purpose.  Virtually any spending can be considered “for the common defense and general [[welfare]].”  However, [[Congress]] may not regulate the general [[welfare]] independent of spending.

Spending Power: Congress can spend money on any public purpose.  Virtually any spending can be considered “for the common defense and general welfare.”  However, Congress may not regulate the general welfare independent of spending.

[[Commerce]] [[Power]]: [[Congress]] has exclusive [[power]] to regulate all [[interstate]] and foreign [[commerce]].  [[Congress]] may regulate any activity that has an effect on [[interstate]] [[commerce]].

Commerce Power: Congress has exclusive power to regulate all interstate and foreign commerce.  Congress may regulate any activity that has an effect on interstate commerce.

[[War]] [[Power]]s: [[Congress]] alone declares [[war]] and establishes and supports the [[military]].  [[Congress]] may also make rules for [[military]] [[court]]s, over which [[federal]] [[court]]s have no general authority.  [[Congress]] can impose economic [[regulation]]s (e.g., controls on [[wage]]s and [[price]]s of [[goods]]) during [[war]]time.

War Powers: Congress alone declares war and establishes and supports the military.  Congress may also make rules for military courts, over which federal courts have no general authority.  Congress can impose economic regulations (e.g., controls on wages and prices of goods) during wartime.

Property [[Power]]: [[Congress]] has exclusive [[power]] over all [[federal]] [[land]]s and [[property]], of which there is a great deal.  [[Congress]] also runs the [[District of Columbia]], which is not in any [[state]].

Property Power: Congress has exclusive power over all federal lands and property, of which there is a great deal.  Congress also runs the District of Columbia, which is not in any state.

[[Intellectual property|Intellectual Property]] [[Power]]: [[Congress]] sets the [[law]]s for [[patent]]s, [[copyright]]s and [[trademark]]s, which are called “[[intellectual property|Intellectual Property]]” because they are abstract products of [[intelligence]] rather than physical [[property]].

Intellectual Property Power: Congress sets the laws for patents, copyrights and trademarks, which are called “intellectual property” because they are abstract products of intelligence rather than physical property.

[[Bankruptcy]] [[Power]]: [[Congress]] establishes uniform [[bankrupt]]cy laws for the [[nation]].

Bankruptcy Power: Congress establishes uniform bankruptcy laws for the nation.

Postal [[Power]]: [[Congress]] establishes and runs the [[United States Postal Service|U.S. Post Office]].  No competition is allowed unless [[Congress]] agrees to it (as it did for expensive overnight services like [[Federal Express]])

Postal Power: Congress establishes and runs the U.S. Post Office.  No competition is allowed unless Congress agrees to it (as it did for expensive overnight services like Federal Express)

[[Money]] [[Power]]: [[Congress]] coins [[money]] and also sets standards for [[weight]]s and [[measure]]s.

Citizenship Power: Congress can exclude aliens and determine the procedures for people to become citizens.

[[Citizen]]ship [[Power]]: [[Congress]] can exclude [[alien]]s and determine the procedures for people to become [[citizen]]s.

Admiralty Power: Congress sets the laws for the seas.

What’s left?  Congress can also expand its authority under these powers with the “Necessary and Proper Clause,” also known as the “Elastic Clause.”  Congress can make any law that is proper for executing any power granted to any part of government, not just Congress.  But there must be an underlying, specific grant of power in addition to the Necessary and Proper Clause.  For example, Congress could not pass laws establishing local police departments because there is no grant of power to the federal government in that area.

 

What’s left?  [[Congress]] can also expand its authority under these [[power]]s with the “[[Necessary and Proper Clause]],” also known as the “[[elasticity|Elastic]] Clause.”  [[Congress]] can make any [[law]] that is proper for executing any [[power]] granted to any part of [[government]], not just [[Congress]].  But there must be an underlying, specific grant of [[power]] in addition to the [[Necessary and Proper Clause]].  For example, [[Congress]] could not pass [[law]]s establishing local [[police]] departments because there is no grant of [[power]] to the [[federal]] [[government]] in that area.

== How Laws are Made ==

== How Laws are Made ==

The basic process for passing [[federal]] [[law]] is as follows: A [[committee]] in the [[House of Representatives]] drafts a new [[statute]].  If the [[committee]] approves the [[bill]], then it is sent to the [[House_of_Representatives|House]] Rules [[Committee]], which will dictate the rules for debate and [[amendment]] by the full [[House_of_Representatives|House]] prior to a [[vote]].  If it ultimately passes the full [[House_of_Representatives|House]], it then proceeds to a [[committee]] in the [[Senate]], which may revise it before approving or rejecting it.  If the [[Senate]] [[committee]] approves it, perhaps in revised form, then it goes to the full [[Senate]] for passage.  [[Amendment]]s may be proposed by any [[senator]], and any [[senator]] may try to block by a [[vote]] by arguing indefinitely (this is known as a [[filibuster]]).  In the [[Senate]], 60 [[vote]]s are necessary to end a [[filibuster]] and force a final [[vote]].   

The basic process for passing federal law is as follows: A committee in the House of Representatives drafts a new statute.  If the committee approves the bill, then it is sent to the House Rules Committee, which will dictate the rules for debate and amendment by the full House prior to a vote.  If it ultimately passes the full House, it then proceeds to a committee in the Senate, which may revise it before approving or rejecting it.  If the Senate committee approves it, perhaps in revised form, then it goes to the full Senate for passage.  Amendments may be proposed by any senator, and any senator may try to block by a vote by arguing indefinitely (this is known as a filibuster).  In the Senate, 60 votes are necessary to end a filibuster and force a final vote.   

If it passes the [[Senate]], then it is compared to the [[House_of_Representatives|House]] version.  If they were identical, then it proceeds directly to the [[president]] for approval or rejection.  But if the House and [[Senate]] versions are different, then it must go to a specially appointed [[Joint Committee|joint committee]] representing both [[chambers]]. They attempt to resolve the differences and present an identical version for new approval by the [[House_of_Representatives|House]] and [[Senate]].  If the revised version is approved by both the [[House_of_Representatives|House]] and [[Senate]], it then goes to the [[president]].

If it passes the Senate, then it is compared to the House version.  If they were identical, then it proceeds directly to the president for approval or rejection.  But if the House and Senate versions are different, then it must go to a specially appointed joint committee representing both chambers. They attempt to resolve the differences and present an identical version for new approval by the House and Senate.  If the revised version is approved by both the House and Senate, it then goes to the president.

If the [[president]] signs the [[bill]] in ten (10) days (excluding [[Sunday]]s), or fails to return it without a signature and [[Congress]] is in session, then it becomes [[law]].  If the [[president]] [[veto]]es the [[bill]], or fails to return it in ten (10) [[day]]s (excluding [[Sunday]]s) and [[Congress]] is no longer in session (the “[[pocket veto]]”), then it does not become [[law]].  (A famous example of the [[pocket]] [[veto]] was [[President]] [[Lincoln]]’s refusal to sign his own [[political parties|Party]]’s Wade-Davis [[Bill]] in 1864, which would have imposed harsh penalties on [[Confederate]] officials.)  [[Congress]] may attempt to override any type of [[veto]], but it needs 2/3 approval in both the [[House_of_Representatives|House]] and [[Senate]] to do so.  See [[Article I]], Section 7, clause 2 (p. 320).

If the president signs the bill in ten (10) days (excluding Sundays), or fails to return it without a signature and Congress is in session, then it becomes law.  If the president vetoes the bill, or fails to return it in ten (10) days (excluding Sundays) and Congress is no longer in session (the “pocket veto”), then it does not become law.  (A famous example of the pocket veto was President Lincoln’s refusal to sign his own Party’s Wade-Davis Bill in 1864, which would have imposed harsh penalties on Confederate officials.)  Congress may attempt to override any type of veto, but it needs 2/3 approval in both the House and Senate to do so.  See Article I, Section 7, clause 2 (p. 320).

Overrides of [[veto]]es were very rare prior to [[President]] [[Andrew Johnson]].  Only three [[president]]s have been overridden ten or more times: [[President]]s [[Andrew Johnson]], [[Harry Truman]] and [[Gerald Ford]].  The reason is simple: each faced a [[Congress]] that was dominated by the opposing political party.  [[Republican]] President [[Reagan]] [[veto]]ed 78 [[bill]]s of [[Congress]], but was only overridden nine times.  That is remarkable given his principled positions and the overwhelming [[Democrat]]ic control of the [[House of Representatives]] during his presidency.

Overrides of vetoes were very rare prior to President Andrew Johnson.  Only three presidents have been overridden ten or more times: Presidents Andrew Johnson, Harry Truman and Gerald Ford.  The reason is simple: each faced a Congress that was dominated by the opposing political party.  Republican President Reagan vetoed 78 bills of Congress, but was only overridden nine times.  That is remarkable given his principled positions and the overwhelming Democratic control of the House of Representatives during his presidency.

The [[Republican]]-controlled [[House_of_Representatives|House]] voted to override President [[Clinton]]’s [[veto]] of the ban on [[partial-birth abortion]], but the [[Senate]] lacked the 2/3rd majority required.  It was not until [[President Bush]] was [[elected in 2000 and the [[Republican]]s captured the [[Senate]] in 2002 that now it appears this [[bill]] will be enacted into [[law]].  With [[George W. Bush|Bush]] agreeing to sign the bill, only a majority (rather than 2/3rd) vote is necessary in [[Congress]] to enact it.

The Republican-controlled House voted to override President Clinton’s veto of the ban on partial-birth abortion, but the Senate lacked the 2/3rd majority required.  It was not until President Bush was elected in 2000 and the Republicans captured the Senate in 2002 that now it appears this bill will be enacted into law.  With Bush agreeing to sign the bill, only a majority (rather than 2/3rd) vote is necessary in Congress to enact it.

== Legislative History ==

== Legislative History ==