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Lesson 22: How Does Congress Perform Its Functions in the American Constitutional System?

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Lesson Purpose

The United States Congress is one of the few national assemblies in the world with the power to initiate legislation rather than simply vote on bills proposed by the executive. Congress also conducts important investigations that can lead to changes in public policy and even the removal of federal judges and the president. From its earliest days Congress has relied on rules and leadership structures to facilitate its work. Today, with 535 members, Congress faces a variety of organizational challenges in its effort to represent growing and diverse constituencies.

When you have finished this lesson, you should be able to describe the role of rules, committees, and political parties in the organization and operation of Congress. You should be able to describe the process through which proposed legislation becomes law. You should be able to identify the primary sources on which members of Congress rely for information in the lawmaking process and to explain the importance of Congress's inherent power to investigate. You also should be able to explain why compromise is required in the deliberative process. Finally, you should be able to evaluate, take, and defend positions on how Congress functions and whether it should streamline its procedures.

Lesson Objectives

When you have finished this lesson, you should  be able to
  • describe the role of rules, committees, and political parties in the organization and operation of Congress,
  • describe the process through which proposed  legislation becomes law,
  • identify the primary sources on which members of Congress rely for information in the lawmaking process and to explain the importance of Congress’s inherent power to investigate,
  • explain why compromise is required in the deliberative process, and
  • evaluate, take, and defend positions on how  Congress functions and whether it should  streamline its procedures.

Lesson Terms

bill
A proposed law placed before a legislature for approval.
cloture
filibuster
impeachment
lobbying
pocket veto
power to investigate
resolution
seniority

Lesson Biographies

Madison, James (1751-1836 CE)
The "Father of the Constitution" was born to a wealthy Virginia family. He was taught at home and in private schools, then graduated from the College of New Jersey. While deciding whether to become a lawyer or minister, Madison became involved in the revolutionary cause, thereby entering state and local politics. His poor health kept him from serving in the military. In 1780, Madison was chosen to serve in the Continental Congress, where he played a major role. He was one of the most influential voices calling for a constitutional convention. He came to the Philadelphia Convention with a plan for the new government, took extensive notes on the proceedings, spoke more than 150 times, and worked tirelessly on various committees. As one of the authors of The Federalist, Madison was also a key figure in the battle for ratification. Following the convention, Madison served as a member of the U.S. House of Representatives, helping to frame the Bill of Rights and organize the executive department. Under Jefferson, Madison served as secretary of state. He then succeeded Jefferson as president. In retirement, Madison continued to speak out on public issues.

Lesson Court Cases

National Labor Relations Board v. Jones and Laughlin Steel (1937)
Case Summary

With the National Labor Relations Act of 1935, Congress determined that labor-management disputes were directly related to the flow of interstate commerce and, thus, could be regulated by the national government. In this case, the National Labor Relations Board charged the Jones & Laughlin Steel Co. with discriminating against employees who were union members.

Question(s)

Was the act consistent with the Commerce Clause?

Answer(s)

Yes. The Court held that the act was narrowly constructed so as to regulate industrial activities which had the potential to restrict interstate commerce. The justices abandoned their claim that labor relations had only an indirect effect on commerce. Since the ability of employees to engage in collective bargaining (one activity protected by the act) is "an essential condition of industrial peace," the national government was justified in penalizing corporations engaging in interstate commerce which "refuse to confer and negotiate" with their workers.

See: The Oyez Project, NLRB v. Jones & Laughlin Steel Corp., 301 U.S. 1 (1937)

Powell v. McCormack (1969)
PGA Tour, Inc. v. Martin (2001)

Lesson Primary Sources

Contract with America

An agenda to reform many aspects of American national government championed by Republican Speaker Newt Gingrich. It borrowed language from Ronald Reagan's 1985 State of the Union address and its supporters credit it with both unifying the Republican party and securing the 1994 midterm election.

Access the Material

Impeachment Proceedings of Andrew Johnson
Articles of Impeachment Against William J. Clinton
Proposed Articles of Impeachment Against Richard Nixon
United States Constitution
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