Lesson 43: The Nature and Functions of Congress
In this lesson, we will start by discussing some reasons Congress is not seen
very favorably by most Americans. We will then look at the organization of
Congress into two chambers, and talk about some of the different functions of
Congress, including lawmaking, representation, oversight, public education and
agenda setting, and conflict resolution. We will close by learning about the
powers of Congress, both the enumerated powers as well as the implied powers.
As a whole, Congress is not seen in
a favorable light by the American people. But, a particular representative
might get favorable ratings from their constituents.
A Constituent is a person represented by a legislator or other elected or
appointed official.
This difference in
attitude is because Congress as a whole has to work for the benefit of the
entire nation while a particular legislator works for the benefit of their own
constituents. While Congress might seem unresponsive to the needs of everyone,
each legislator is fighting for the benefits of their own.
At the Constitutional Convention,
bicameralism was proposed as part of the Virginia Plan. Bicameralism refers to
the division of a legislature into two separate assemblies.
In the House of Representatives, the number of representatives reflect the
population of each state. In contrast, in the Senate, each state gets exactly
two senators. This was the system proposed by the Connecticut Compromise to
resolve the issue of equality between larger states and smaller states.
Representatives get reelected every two years while Senators serve a six year
term, meaning only a third of them face reelection every two years.
Obviously,
the first function of Congress is lawmaking. Lawmaking is the process of
establishing the legal rules that govern society.
Most bills Congress has to
consider are from the executive branch. Others are
from interest groups and political organizations.
In order to get certain legislation to pass, there is a good bit of logrolling,
which is a compromise between legislators to support each other's bills.
Another part of lawmaking is Earmarks. These are special provisions in
legislation to set aside funds for projects that
have not passed an impartial evaluation by agencies of the executive branch.
Earmarks are also known as pork.
Sometimes, issues put lawmakers at odds with each other when national interests
conflict with interests of the state a lawmaker represents. Representation is
the function of members of Congress, both as elected officials representing the
views of their constituents, as well as larger national interests.
Satisfying this conflicting interest can be accomplished in
two ways. The Trustee View is where a legislator acts according to
her or his conscience and the broad interests of the entire society.
The Instructed Delegate is a different view where a legislator is an agent of
the voters who elected him and who votes according to the views of
constituents, regardless of his personal beliefs.
Constituents often view the federal government as a faceless and imposing
entity. They expect their representatives to act as brokers between themselves
and the federal government, usually in the form of casework.
Casework is the personal work for constituents by members of Congress. Casework
often includes explaining what certain bills are about, promoting local
business interests in Congress, and interceding on behalf of constituents on
issues they do not approve of.
It is an opportunity for representatives to
take on the role of ombudsman. That is a person who hears and investigates
complaints by private individuals against public officials or agencies.
Ombudsman is a Swedish word meaning "representative."
Holding committee hearings, working with agency budgets,
and questioning nominees for appointment are a part of the oversight function
of Congress. Oversight is the process by which Congress follows up on laws it
has enacted to ensure that they are being enforced and administered in the way
Congress intended.
Oversight does have its negative aspects. When the president and Congress are in
harmony, oversight can get lax, and when they are
at odds, it can get intense and often excessive.
Public hearings are
held for the purpose of educating constituents. Televising floor debates on
issues such as immigration and small business concerns also serves the purpose
of educating the general public. The issues they decide to discuss is called
agenda setting.
Agenda setting means determining which public-policy questions will be debated
or considered.
Race, religion, economy, and
ideology result in
varying interests that
cause conflict. Congress has the function of trying to resolve those conflicts
to the benefit of everyone they represent.
Congress has specific powers that
are known as enumerated powers. These are powers specifically granted to
the national government by the Constitution. The first seventeen clauses of
Article I, Section 8, specify most of the enumerated powers of Congress.
Of these, most deal with collecting taxes, borrowing funds, and regulating
money. Beyond financial powers, others include raising an army and declaring war.
Some powers are delegated only to
the Senate. These include the ratification of treaties and approval of nominees.
Amendments play a huge role in granting Congress additional powers,
such as the ability to choose a president and a vice president when there is
not a majority vote. That power is granted by the 12th Amendment. The ability
to levy taxes is granted by the 16th Amendment.
In addition to specific powers Congress has been granted, Article I, Section 8,
clause 18, the Necessary and Proper Clause, or Elastic Clause, extends to
Congress the right "to make all Laws which shall be necessary and proper for
carrying into Execution the foregoing Powers..."