generalist and dealt knowledgeably with all fields of interest. The
complexity of national life today calls for special knowledge, which means
that elected representatives often acquire expertise in one or two areas of
public policy.
When a committee has acted favorably on a bill, the proposed legislation
is then sent to the floor for open debate. In the Senate, the rules permit
virtually unlimited debate. In the House, because of the large number of
members, the Rules Committee usually sets limits. When debate is ended,
members vote either to approve the bill, defeat it, table it—which means
setting it aside and is tantamount to defeat—or return it to committee. A
bill passed by one house is sent to the other for action. If the bill is
amended by the second house, a conference committee composed of members of
both houses attempts to reconcile the differences.
Once passed by both houses, the bill is sent to the president, for
constitutionally the president must act on a bill for it to become law. The
president has the option of signing the bill—by which it becomes law—or
vetoing it. A bill vetoed by the president must be reapproved by a two-
thirds vote of both houses to become law.
The president may also refuse either to sign or veto a bill. In that
case, the bill becomes law without his signature 10 days after it reaches
him (not counting Sundays). The single exception to this rule is when
Congress adjourns after sending a bill to the president and before the 10-
day period has expired; his refusal to take any action then negates the
bill—a process known as the "pocket veto."
CONGRESSIONAL POWERS OF INVESTIGATION
One of the most important nonlegislative functions of the Congress is the
power to investigate. This power is usually delegated to committees—either
the standing committees, special committees set up for a specific purpose,
or joint committees composed of members of both houses. Investigations are
conducted to gather information on the need for future legislation, to test
the effectiveness of laws already passed, to inquire into the
qualifications and performance of members and officials of the other
branches, and on rare occasions, to lay the groundwork for impeachment
proceedings. Frequently, committees call on outside experts to assist in
conducting investigative hearings and to make detailed studies of issues.
There are important corollaries to the investigative power. One is the
power to publicize investigations and their results. Most committee
hearings are open to the public and are widely reported in the mass media.
Congressional investigations thus represent one important tool available to
lawmakers to inform the citizenry and arouse public interest in national
issues. Congressional committees also have the power to compel testimony
from unwilling witnesses, and to cite for contempt of Congress witnesses
who refuse to testify and for perjury those who give false testimony.
INFORMAL PRACTICES OF CONGRESS
In contrast to European parliamentary systems, the selection and behavior
of U.S. legislators has little to do with central party discipline. Each of
the major American political parties is basically a coalition of local and
state organizations which join together as a functioning national
party—Republican or Democratic—during the presidential elections at four-
year intervals. Thus the members of Congress owe their positions to their
local or state electorate, not to the national party leadership nor to
their congressional colleagues. As a result, the legislative behavior of
representatives and senators tends to be individualistic and idiosyncratic,
reflecting the great variety of electorates represented and the freedom
that comes from having built a loyal personal constituency.
Congress is thus a collegial and not a hierarchical body. Power does not
flow from the top down, as in a corporation, but in practically every
direction. There is only minimal centralized authority, since the power to
punish or reward is slight. Congressional policies are made by shifting
coalitions which may vary from issue to issue. Sometimes, where there are
conflicting pressures—from the White House and from important economic or
ethnic groups—legislators will use the rules of procedure to delay a
decision so as to avoid alienating an influential sector. A matter may be
postponed on the grounds that the relevant committee held insufficient
public hearings. Or Congress may direct an agency to prepare a detailed
report before an issue is considered. Or a measure may be put aside
("tabled") by either house, thus effectively defeating it without rendering
a judgment on its substance.
There are informal or unwritten norms of behavior that often determine
the assignments and influence of a particular member. "Insiders,"
representatives and senators who concentrate on their legislative duties,
may be more powerful within the halls of Congress than "outsiders," who
gain recognition by speaking out on national issues. Members are expected
to show courtesy toward their colleagues and to avoid personal attacks, no
matter how extreme or unpalatable their opponents' policies may be. Members
are also expected to specialize in a few policy areas rather than claim
expertise in the whole range of legislative concerns. Those who conform to
these informal rules are more likely to be appointed to prestigious
committees or at least to committees that affect the interests of a
significant portion of their constituents.
OVERSIGHT POWERS OF CONGRESS
Of the numerous techniques that Congress has adopted to influence the
executive branch, one of the most effective is the oversight function.
Congressional oversight prevents waste and fraud; protects civil liberties
and individual rights; ensures executive compliance with the law; gathers
information for making laws and educating the public: and evaluates
executive performance. It applies to Cabinet departments, executive
agencies, regulatory commissions and the presidency.
Congress' oversight function takes many forms:
—committee inquiries and hearings;
—formal consultations with and reports from the executive;
—Senate advice and consent for executive nominations and treaties;
—House impeachment proceedings and subsequent Senate trials;
—House and Senate proceedings under the 25th Amendment in the event that
the president becomes disabled, or the office of the vice president falls
vacant;
—informal meetings between legislators and executive officials;
—congressional membership on governmental commissions; and
—studies by congressional committees and support agencies such as the
Congressional Budget Office, the General Accounting Office or the Office of
Technology Assessment—all arms of Congress.
The oversight power of Congress has helped to force officials out of
office, change policies and provide new statutory controls over the
executive. In 1949, for example, probes by special Senate investigating
subcommittees revealed corruption among high officials in the Truman
administration. This resulted in the reorganization of certain agencies and
the formation of a special White House commission to study corruption in
the government.
The Senate Foreign Relations Committee's televised hearings in the late
1960s helped to mobilize opposition to the Vietnam War. Congress' 1973
Watergate investigation exposed White House officials who illegally used
their positions for political advantage, and the House Judiciary
Committee's impeachment proceedings against President Richard Nixon the
following year ended his presidency. Select committee inquiries in 1975 and
1976 identified serious abuses by intelligence agencies and initiated new
legislation to control certain intelligence activities.
In 1983, congressional inquiry into a proposal to consolidate border
inspection operations of the U.S. Customs Service and the U.S. Immigration
and Naturalization Service raised questions about the executive's authority
to make such a change without new legislation. In 1987, oversight efforts
disclosed statutory violations in the executive branch's secret arms sales
to Iran and the diversion of arms profits to anti-government forces in
Nicaragua, known as the contras. Congressional findings resulted in
proposed legislation to prevent similar occurrences.
Oversight power is an essential check in monitoring the presidency and
controlling public policy.
THE JUDICIAL BRANCH
THE FEDERAL COURT SYSTEM
The third branch of the federal government, the judiciary, consists of a
system of courts spread throughout the country, headed by the Supreme Court
of the United States.
A system of state courts existed before the Constitution was drafted.
There was considerable controversy among the delegates to the
Constitutional Convention as to whether a federal court system was needed,
and whether it should supplant the state courts. As in other matters under
debate, a compromise was reached in which the state courts were continued
while the Constitution mandated a federal judiciary with limited power.
Article III of the Constitution states the basis for the federal court
system:
The judicial power of the United States shall be vested in one Supreme
Court, and such inferior courts as the Congress may from time to time
ordain and establish.
With this guide, the first Congress divided the nation into districts
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