— to establish post offices and post roads;
— to issue patents and copyrights;
— to set up a system of federal courts;
— to punish piracy;
— to declare war;
— to raise and support armies;
— to provide for a navy;
— to call out the militia to enforce federal laws, suppress lawlessness or
repel invasions by foreign powers;
— to make all laws for the District of Columbia; and
— to make all laws necessary to enforce the Constitution.
A few of these powers are now outdated—the District of Columbia today is
largely self-governing—but they remain in effect. The 10th Amendment sets
definite limits on congressional authority, by providing that powers not
delegated to the national government are reserved to the states or to the
people. In addition, the Constitution specifically forbids certain acts by
Congress. It may not:
— suspend the writ of habeas corpus, unless necessary in time of rebellion
or invasion;
— pass laws which condemn persons for crimes or unlawful acts without a
trial;
— pass any law which retroactively makes a specific act a crime;
— levy direct taxes on citizens, except on the basis of a census already
taken;
— tax exports from any one state;
— give specially favorable treatment in commerce or taxation to the
seaports of any state or to the vessels using them; and
— authorize any titles of nobility.
LITTLE LEGISLATURES
A congressman once observed that "Congress is a collection of committees
that come together in a chamber periodically to approve one another's
actions. " That statement correctly identifies the standing and permanent
committees that are the nerve centers of the U.S. Congress. In a recent two-
year session of Congress, for example, members proposed a total of I], 602
bills in the House and 4,080 in the Senate. For each of these bills, the
committees responsible had to study, weigh arguments [or and against, hear
witnesses and debate changes, before the bills ever reached the House or
Senate floors. Out of almost ] 5,000 measures introduced, only 664—fewer
than six percent—were enacted into law.
The Constitution does not specifically call for congressional
committees. As the nation grew, however, so did the need for investigating
pending legislation more thoroughly. The committee system began in 1789,
when House members found themselves bogged down in endless discussions of
proposed new laws. The first committees dealt with Revolutionary War
claims, post roads and territories, and trade with other countries.
Throughout the years, committees have formed and disbanded in response to
political, social and economic changes. For example, there is no longer any
need for a Revolutionary War claims committee, but both houses of Congress
have a Veterans' Affairs committee.
Today, there are 22 standing committees in the House and 16 in the
Senate, plus four joint permanent committees with members from both houses:
Library of Congress, printing, taxation and economics. In addition, each
house can name special, or select, committees to study specific problems:
Because of an increase in workload, the standing committees have also
spawned some 300 subcommittees. Almost 25,000 persons help with research,
information-gathering and analyses of problems and programs in Congress.
Recently, during one week of hearings, committee and subcommittee members
discussed topics ranging from financing of television broadcasting to the
safety of nuclear plants to international commodity agreements.
And what do ail these "little legislatures" actually do? After all the
facts are gathered, the committee decides whether to report a new bill
favorably or with a recommendation that it be passed with amendments.
Sometimes, the bill will be set aside, or tabled, which effectively ends
its consideration. When bills are reported out of committee and passed by
the full House or Senate, however, another committee goes into action,
ironing out any differences between the House and Senate versions of the
same bill. This "conference committee, " consisting of members of both
houses, completes a bill to all members' satisfaction, then sends it to the
House and Senate floors for final discussion and a vote. If passed, the
bill goes to the president for his signature.
Congressional committees are vital because they do the nuts-and-bolts job
of weighing the proposals, hammering them into shape or killing them
completely. They continue to play a large part in the preparation and
consideration of laws that will help shape the United States in its third
century.
|STANDING, OR PERMANENT, COMMITTEES OF CONGRESS |
|HOUSE |SENATE |
|Agriculture |Agriculture, Nutrition and Forestry |
|Appropriations |Appropriations |
|Armed Services |Armed Services |
|Banking, Finance and Urban Affairs |Banking. Finance and Urban Affairs |
|Budget |Budget |
|District of Columbia |Commerce, Science and Transportation |
|Education and Labor |Energy and Natural Resources |
|Energy and Commerce |Environment and Public Works |
|Foreign Affairs |Finance |
|Government Operations |Foreign Relations |
|House Administration |Governmental Affairs |
|Interior and Insular Affairs |Judiciary |
|Judiciary |Labor and Human Resources |
|Merchant Marine and Fisheries |Rules and Administration |
|Post Office and Civil Service |Small Business |
|Public Works and Transportation |Veterans' Affairs |
|Rules | |
|Science, Space and Technology | |
|Small Business | |
|Standards of Official Conduct | |
|Veterans' Affairs | |
|Ways and Means | |
OFFICERS OF THE CONGRESS
The Constitution provides that the vice president shall be president of the
Senate. He or she has no vote, except in the case of a tie. The Senate
chooses a president pro tempore to preside when the vice president is
absent. The House of Representatives chooses its own presiding officer—the
speaker of the House. The speaker and the president pro tempore are always
members of the political party with the largest representation in each
house.
At the beginning of each new Congress, members of the political parties
select floor leaders and other officials to manage the flow of proposed
legislation. These officials, along with the presiding officers and
committee chairmen, exercise strong influence over the making of laws.
THE LAWMAK1NG PROCESS
One of the major characteristics of the Congress is the dominant role
committees play in its proceedings. Committees have assumed their present-
day importance by evolution, not by constitutional design, since the
Constitution makes no provision for their establishment.
At present the Senate has 16 standing (or permanent) committees: the
House of Representatives has 22. Each specializes in specific areas of
legislation: foreign affairs, defense, banking, agriculture, commerce,
appropriations and other fields. Every bill introduced in either house is
referred to a committee for study and recommendation. The committee may
approve, revise, kill or ignore any measure referred to it. It is nearly
impossible for a bill to reach the House or Senate floor without first
winning committee approval. In the House, a petition to discharge a bill
from a committee requires the signatures of 218 members; in the Senate, a
majority of all members is required. In practice, such discharge motions
only rarely receive the required support.
The majority party in each house controls the committee process.
Committee chairmen are selected by a caucus of party members or specially
designated groups of members. Minority parties are proportionally
represented on the committees according to their strength in each house.
Bills are introduced by a variety of methods. Some are drawn up by
standing committees; some by special committees created to deal with
specific legislative issues; and some may be suggested by the president or
other executive officers. Citizens and organizations outside the Congress
may suggest legislation to members, and individual members themselves may
initiate bills. After introduction, bills are sent to designated committees
which, in most cases, schedule a series of public hearings to permit
presentation of views by persons who support or oppose the legislation. The
hearing process, which can last several weeks or months, opens the
legislative process to public participation.
One virtue of the committee system is that it permits members of
Congress and their staffs to amass a considerable degree of expertise in
various legislative fields. In the early days of the republic, when the
population was small and the duties of the federal government narrowly
circumscribed, such expertise was not as important. Each congressman was a
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