The Joint
Committee on Printing is pleased to present this revised book on our United
States Government.
This publication
continues to be a popular introductory guide for American citizens and those of
other countries who seek a greater understanding of our heritage of democracy.
The question-and-answer format covers a broad range of topics dealing with the
legislative, executive, and judicial branches of our Government as well as the
electoral process and the role of political parties.
The Committee is
indebted to the administrative officers of the House and Senate, and
particularly to the Congressional Research Service, for their valuable
assistance in preparing this useful reference book.
Wendell H.
Ford,
Charlie Rose,
Chairman. Vice
Chairman.
§
1. What Is The Purpose Of The U.S. Government?
The purpose is
expressed in the preamble to the Constitution: "We the People of the
United States, in Order to form a more perfect Union, establish Justice, insure
domestic Tranquility, provide for the common defence, promote the general
Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do
ordain and establish this Constitution for the United States of America."
2. What Form Of Government Do We Have In The United States?
The United States,
under its Constitution, is a Federal, democratic republic, an indivisible union
of 50 sovereign States. With the exception of town meetings, a form of pure
democracy, we have at the local, state, and national levels a government which
is "democratic" because the people govern themselves;
"representative" because the people choose elected delegates by free
and secret ballot; and "republican" because government derives its
power from the will of the people.
3. What Is The Role Of The Citizen In Our Government?
The citizen may
take an active or passive role in the governmental process. The United States
today is even more of a participatory democracy than was envisioned by the
founders when they established a government "of the people, by the people,
and for the people," as President Abraham Lincoln later described it. Along
with the constitutional responsibilities which accompany citizenship, such as
providing revenues to the Government, the citizen is afforded a wide range of
rights and opportunities to influence the making of public policy by the
Government.
At the most basic
level, the right to vote gives the citizen a chance to help select those who
will ultimately be responsible for determining public policy. Beyond the
casting of the ballot, a citizen may actively assist in nominating and electing
preferred public officials through volunteer activities and campaign donations.
The participation of citizens in the electoral process contributes greatly to
the sense of legitimacy of the Government.
Citizen
involvement in the Government need not be manifested only during election campaigns.
Legislators are accustomed to hearing from constituents expressing opinions
about issues of the day, and procedures exist which mandate that executive
agencies allow time for public comment before proposed regulations become
final. Individuals may also join with others who hold similar views to make the
most of their influence with Government on particular issues; this is how
interest groups or political action committees are established and the lobbying
process begins.
4. What Contributions Has Our Country Made To The Institution Of
Government?
Some of the U.S.
contributions to the institution of government are as follows: a written
constitution, an independent judiciary to interpret the Constitution, and a
division of powers between the Federal and State Governments.
§
5. What Is The Constitution?
The Constitution
is the basic and supreme law of the United States. It prescribes the structure
of the U.S. Government, provides the legal foundation on which all its actions
must rest, and enumerates and guarantees the rights due all its citizens.
The Constitution
is a document prepared by a convention of delegates from 12 of the 13 States
that met at Philadelphia in 1787. The original charter, which replaced the
Articles of Confederation and which became operative in 1789, established the
United States as a federal union of States, a representative democracy within a
republic. The framers provided a Government of three independent branches. The
first is the legislature, which comprises a two-house or bicameral Congress consisting of a Senate, whose
Members are apportioned equally among the States, and a House of
Representatives, whose Members are apportioned among the States according to
population. The second, the executive branch, includes the President and Vice
President and all subordinate officials of the executive departments and
executive agencies. The third branch, the judiciary, consists of the Supreme
Court and various subordinate Federal courts created by public law.
The 27 amendments
approved since 1791 are also considered an integral part of the Constitution.
These include amendments 1 through 10, known collectively as the Bill of
Rights, and amendments 11 through 27, which address a wide range of subjects.
At the present time, four amendments without ratification deadlines are pending
before the States. These deal with congressional apportionment, child labor,
titles of nobility from foreign powers, and certain States rights (in a
pre-Civil War proposal). The ratification deadlines expired on two recently
proposed amendments, which had been approved by Congress; i.e., equal rights
for women and men and voting representation for the District of Columbia in the
Senate and House.
6. What Were The Basic Principles On Which The Constitution Was
Framed?
The framers of the
Constitution debated and agreed to the following six basic principles:
1. That all
States would be equal. The National Government cannot give special privileges
to one State.
2. That there
should be three branches of Government - one to make the laws, another to
execute them, and a third to interpret them.
3. That the
Government is a government of laws, not of men. No one is above the law. No
officer of the Government can use authority unless and except as the
Constitution or public law permits.
4. That all men
are equal before the law and that anyone, rich or poor, can demand the
protection of the law.
5. That the
people can change the authority of the Government by changing (amending) the
Constitution. (One such change provided for the election of Senators by direct
popular vote instead of by State legislatures).
6. That the
Constitution, the Acts of Congress, and the treaties of the United States are
the highest law in the land.
7. What Is The Bill Of Rights?
The Bill of Rights
is a series of prohibitions on the enactment by Congress of laws infringing
certain rights.
The first 10
amendments to the Constitution, ratified by the required number of States on
December 15, 1791, are commonly referred to as the Bill of Rights. The first
eight amendments set out or enumerate the substantive and procedural
individual rights associated with that description. The 9th and 10th amendments
are general rules of interpretation of the relationships among the people, the
State governments, and the Federal Government. The ninth amendment provides
that the "enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people." The 10th
amendment reads: "The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to the States
respectively, or to the people."
8. What Are The Rights Enumerated In The Bill Of Rights?
Right to
freedom of religion, speech, and press (amendment 1);
Right to
assemble peaceably, and to petition the Government for a redress of grievances
(amendment 1);
Right to keep
and bear arms in common defense (amendment 2);
Right not to
have soldiers quartered in one's home in peacetime without the consent of the
owner, nor in time of war except as prescribed by law (amendment 3);
Right to be
secure against "unreasonable searches and seizures" (amendment 4);
Right in
general not to be held to answer criminal charges except upon indictment by a
grand jury (amendment 5);
Right not to be
put twice in jeopardy for the same offense (amendment 5);
Right not to be
compelled to be a witness against oneself in a criminal case (amendment 5);
Right not to be
deprived of life, liberty, or property without due process of law (amendment
5);
Right to just
compensation for private property taken for public use (amendment 5);
Right in
criminal prosecution to a speedy and public trial by an impartial jury, to be
informed of the charges, to be confronted with witnesses, to have a compulsory
process for calling witnesses in defense of the accused, and to have legal counsel
(amendment 6);
Right to a jury
trial in suits at common law involving over $20 (amendment 7);
Right not to
have excessive bail required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted (amendment 8).
9. How May The Constitution Be Amended?
Amending the
Constitution involves two separate processes.
First, amendments
may be proposed on the initiative of Congress (by two-thirds affirmative vote
in each House) or by convention (on application of two-thirds of the State
legislatures). So far, there has never been a convention called under such
authority.
The second step,
ratification of a proposed amendment, at the discretion of Congress may be
either by the State legislatures or by conventions, and requires approval by
three-fourths of the States. Out of the 26 amendments, only one (the 21st,
ending Prohibition) has been ratified by State conventions.
The first 10
amendments (ratified in 1791) were practically a part of the original
instrument. The 11th amendment was ratified in 1795, and the 12th amendment in
1804. Thereafter, no amendment was made to the Constitution for 60 years.
Shortly after the Civil War, three amendments were ratified (1865-70), followed
by another long interval before the 16th amendment became effective in 1913.
The most recent amendment, the 27th, was ratified on May 7, 1992. At the
present time, there are four amendments pending before the States that were
proposed without ratification deadlines.
10. How Long May A Proposed Amendment To The Constitution Remain
Outstanding And Open To Ratification?
The Supreme Court
has stated that ratification must be within "some reasonable time after
the proposal." Beginning with the 18th amendment, it has been customary
for Congress to set a definite period for ratification. In the case of the
18th, 20th, 21st, and 22d amendments, the period set was 7 years, but there has
been no determination as to just how long a "reasonable time" might
extend.
In the case of the
proposed equal rights amendment, the Congress extended the ratification period
from 7 to approximately 10 years; but the proposed amendment was never
ratified.
The
"reasonable time" doctrine recently arose, as well, in connection
with an amendment pertaining to congressional pay, proposed in 1789 without a
ratification deadline. The 38th State, Michigan, ratified this amendment on May
7, 1992--203 years after its proposal. The amendment was certified by the
Archivist of the United States, since it did not carry a term limitation, as
the 27th amendment to the Constitution.
11. What Is The "Lame Duck" Amendment?
The "lame duck"
amendment is the popular name for the 20th amendment to the Constitution,
ratified on February 6, 1933. It is designed to limit the time that elected
officials can serve after the general election in November. This amendment
provides, among other things, that the terms of the President and Vice
President shall end at noon on January 20, the terms of Senators and
Representatives shall end at noon on January 3, and the terms of their
successors shall then begin.
Prior to this
amendment, the annual session of Congress began on the first Monday in December
(Article I, Section 4). Since the terms of new Members formerly did not begin
until March 4, Members who had been defeated or did not stand for reelection in
November continued to serve during the lame duck session from December until
March 4. Adoption of the 20th amendment has reduced but not eliminated
legislation by a Congress that does not represent the latest choice of the
people. For instance, 10 of the 30 Congresses from 1933 to 1992 (73d through the
102d Congress) have continued to meet after the November general elections.
12. Have Any Amendments To The Constitution Been Repealed?
Only one, the 18th
amendment (prohibition), ratified in early 1919, was repealed by the 21st
amendment in late 1933.
13. What Is Meant By The "Separation Of Powers" And
"Checks And Balances" In The Federal Government?
The separation of
powers and checks and balances are two fundamental principles underlying the
Constitution. They work together to prevent a tyrannous concentration of power
in any one branch, to check and restrain Government, and, ultimately, to
protect the rights and liberties of citizens.
The Constitution
contains provisions in separate articles for three branches of Government -
legislative, executive, and judicial. There is a significant difference in the
grants of power to these branches, each of which is also given an independent
base of political power. The first article, dealing with legislative power,
vests in Congress "All legislative Powers herein granted"; the second
article vests "The executive Power" in the President; and the third
article states that "The judicial Power of the United States shall be
vested in one Supreme Court, and in such inferior Courts as the Congress may
from time to time ordain and establish." In addition to this separation
and independence among the three branches, the Constitution sets up
"auxiliary precautions," as James Madison called them in the
Federalist Papers, that allow each branch to check and balance the others. For
instance, the President can veto bills approved by Congress and nominates
individuals to the Federal judiciary; the Supreme Court can declare a law
enacted by Congress or an action by the President unconstitutional; and
Congress can impeach and remove the President and Federal
court justices and judges.
§
14. What Organizations Are Included In The Legislative Branch?
In addition to the
Congress, the House of Representatives and the Senate, the legislative branch
includes the Architect of the Capitol, the Government Printing Office (GPO),
the Library of Congress, and the legislative support agencies. The Architect's
principal duties involve the construction, maintenance, and renovation of the
Capitol Building as well as the congressional office buildings and other
structures, such as the Library of Congress buildings, in the Capitol complex.
The GPO publishes the Congressional Record, congressional committee hearings
and reports, and other congressional documents, as well as a substantial
portion of executive branch publications. The Library of Congress, in addition
to providing library services, research and analysis to the Congress, is also
the national library. It houses the premier national book, map, and manuscript
collections in the United States; serves a major role assisting local libraries
in book cataloging and sharing; and supervises the implementation of U.S.
copyright laws.
Four support
agencies are also part of the legislative branch. The Congressional Budget
Office, Congressional Research Service in the Library of Congress, General
Accounting Office, and the Office of Technology Assessment directly assist
Congress in the performance of its duties. On occasion, temporary advisory
commissions are established and funded by the legislative branch.
15. What Are The Functions Of The Congressional Support Agencies
That Are Funded In The Legislative Appropriations Acts?
Legislative
support agencies funded in the legislative appropriations act include the
Office of Technology Assessment (OTA), the Congressional Budget Office (CBO),
the Congressional Research Service (CRS) of the Library of Congress, and the
General Accounting Office (GAO). OTA issues reports to congressional committees
on the impact of science-related issues on public policy. CBO primarily assists
the House and Senate budget committees in evaluating the spending and revenue
priorities of the Congress and congressional committees in estimating the cost
of proposed legislation. CRS provides reference, research, and analytical
assistance to committees, Members, and staff of the Congress on current and
anticipated policy issues. GAO primarily makes studies of and reports to the
Congress on the economy and efficiency of Government programs, operations,
and expenditures.
§
16. What Is The Congress?
The Congress of the
United States is the legislative (lawmaking) and oversight (Government policy
review) body of our National Government, and consists of two Houses - the
Senate and the House of Representatives.
Members, Offices, And Staff
17. What Qualifications Are Prescribed For A Member Of Congress?
The Constitution
(Article I, Section 2 for the House, Section 3 for the Senate) prescribes
qualifications for Members of Congress.
A Member of the
House of Representatives must be at least 25 years of age when entering office,
must have been a U.S. citizen for at least 7 years, and must be a resident of
the State in which the election occurred.
A Member of the
U.S. Senate must be at least 30 years of age to enter office, must have been a
U.S. citizen for 9 years, and must be a resident of the State in which the
election occurred.
18. What Is The Term Of A Congress And How Often Must It Meet?
A Congress begins
at noon January 3 of each odd-numbered year following a general election,
unless by law a different day is designated. A Congress lasts for 2 years, with
each year constituting a separate session.
The Legislative
Reorganization Act of 1970 requires Congress to adjourn sine die not later than
July 31 of each year unless there is a declared war, or unless Congress
otherwise provides. In odd-numbered years, the Congress must take an August
recess if it fails to adjourn by July 31.
Neither the House
nor the Senate may adjourn for more than 3 days (excluding Saturdays, Sundays,
and holidays) without the concurrence of the other Chamber. It has also become
a common practice for the Congress to adjourn after making provision for the
House and Senate leaders to summon the Congress back into session in emergency
circumstances. Similarly, the Constitution grants the President the authority
to summon the Congress for a special session if circumstances require.
19. How Many Members Does Each State Have In The Senate And
House Of Representatives?
Each State, under
the Constitution, is entitled to two Senators, each serving a 6-year term and
at least one Representative, serving a 2-year term. Additional House seats are
apportioned on the basis of State population. (See State Population and House
Apportionment table in Appendix).
20. What Is The Size Of The House Of Representatives And How Is
It Determined?
Under the law now
in force, the membership of the House of Representatives is fixed at 435
Members representing the 50 States. In addition to the 435 Representatives,
there is one Delegate for each of the following: the
District of Columbia, the Virgin Islands, Guam, and American Samoa (each
elected for a 2-year term); as well as a Resident Commissioner from Puerto Rico
(elected for a 4-year term). A new rule, passed in the 103d Congress, permits
the Delegates and Resident Commissioner to vote in the Committee of the Whole
only. Previous to the 103d Congress, the Delegates and the Resident
Commissioner could sponsor legislation and could vote in committees, but not in
the House Chamber.
The Constitution
entitles each State to at least one Representative. Beyond this minimum,
Representatives are apportioned among the States according to population.
Population figures used for apportionment are determined on the basis of each
10-year census.
The only other
constitutional limitation is that the number of Representatives "shall not
exceed one for every thirty thousand." (This provision sets the minimum
size of a congressional district. Following the 1990 census, the average
district size was about 570,000 people). Since 1941, the Congress has used the
method of "equal proportions" to calculate actual apportionment. This
method makes the difference between the average number of Representatives per
million people in any two States as small as possible.
21. Who Defines The Congressional Districts - The Federal
Government Or The States?
Congress fixes the
size of the House of Representatives, and the procedure for apportioning the
number among the States, but the States themselves carry on from there. State
legislatures pass laws defining the physical boundaries of congressional
districts, within certain constraints established by the Congress and the
Supreme Court (through its reapportionment and redistricting rulings). Each
State is apportioned its number of Representatives by means of the Department
of Commerce's decennial census.
In the very early
years of the Republic, most States elected their Representatives at large. The
practice of dividing a State into districts, however, was soon instituted.
Congress later required that Representatives be elected from "districts
composed of a contiguous and compact territory," but this requirement is
no longer in the Federal law.
The redistricting
process has always been provided for by the State law, but Congress can choose
to exercise greater authority over redistricting. In 1967, for example,
Congress by law prohibited at-large elections of Representatives in all States
entitled to more than one Representative. Today, all States with more than one
Representative must elect their Representatives from single-Member districts.
22. What Is A Member Of Congress?
A Member of
Congress is a person serving in the Senate or the House of Representatives. A
Member of the Senate is referred to as Senator, and a Member of the House of Representatives,
as Representative or Congressman or Congresswoman.
23. What Is A Delegate Or Resident Commissioner, As Distinguished From A
Representative?
The office of Delegate was established by ordinance from the
Continental Congress (1774-89) and confirmed by a law of Congress. From the
beginning of the Republic, accordingly, the House has admitted Delegates from
Territories or districts organized by law. Delegates and Resident Commissioners
may participate in House debate but they are not permitted to vote on the
floor, except in the Committee of the Whole. This limited voting privilege was
given to the Delegates and Resident Commissioner by a rule change in the 103d
Congress. All serve on committees of the House and possess powers and
privileges equal to other Members in committee, including the right to vote in
committee. Currently, there are four Delegates in the House and one Resident
Commissioner.
24. What Oath Of Office Is Required For Members Of Congress, And
When Is It Administered?
Article VI of the
U.S. Constitution requires that Members of Congress, and all executive and
judicial officers shall be bound by Oath or Affirmation to support the
Constitution. The oath of office is as follows: "I, * * *, do solemnly
swear (or affirm) that I will support and defend the Constitution of the United
States against all enemies, foreign or domestic; that I will bear true faith
and allegiance to the same; that I take this obligation freely, without any
mental reservation or purpose of evasion;
and that I will well and faithfully discharge the duties of the office on which
I am about to enter. So help me God. "
Representatives
take the oath of office on the first day of the new Congress, immediately after
the House has elected its Speaker. Those Senators elected or reelected the
previous November take the oath of office as the first item of business when
the Senate convenes the following January. Representatives elected in special
elections during the course of a Congress, and Senators appointed to fill a
vacancy in the Senate generally take the oath of office on the floor of their
respective Chamber when the Clerk of the House or the Secretary of the Senate
has received formal notice of the new Member's election or appointment from
State government authorities. On rare occasions, because of illness or other
circumstances, a Member-elect has been authorized to take the oath of office at
a place other than the House or Senate Chamber. In those circumstances, the
Clerk of the House or Secretary of the Senate sees to the proper administration
of the oath.
25. In The Event Of The Death, Resignation, Or Declination
(Refusal To Serve) Of A Member Of Congress, How Is The Vacancy Filled?
The Constitution
(Article II, Section 2, Clause 4) requires that all vacancies in the House of
Representatives be filled by election. All States require special elections to
fill any House seat which becomes vacant during the first session of a
Congress. Procedures governing vacancies occurring during the second session of
a Congress differ from State to State, and are largely dependent on the amount
of time intervening between the vacancy and the next general election.
In the Senate,
when a vacancy occurs for any reason, the 17th amendment directs the Governor
of the State to call an election to fill such vacancy, and authorizes the
legislature to make provision for an immediate appointment pending such
election. Among the States, only Arizona does not allow the Governor to make
interim appointments, requiring, instead, a special election to fill any Senate
vacancy. Prevailing practice in the States is that a special election to fill
the vacancy is scheduled to be held at the time of the next statewide general
election.
26. How Can Members Of Congress Be Removed From Office Or
Punished For Misconduct?
It is generally
understood in the Congress that the impeachment process stipulated in the
Constitution, which involves both the House and Senate, applies only to the
removal of the President, Vice President, Supreme Court Justices, and Federal
judges, and civil officers of the U.S. Government, and not to the removal of
Members of Congress from office. The Constitution states that "Each House
shall be the Judge of the . . . Qualifications of its own Members . . . [and
may] punish its Members for disorderly Behaviour, and with the Concurrence of
two thirds, expel a Member." Thus, disciplinary actions taken against a
Member are a matter of concern for that House acting by itself.
Each Chamber has
established a committee charged with reviewing allegations of misconduct
against its Members: the House Committee on Standards of Official Conduct and
the Senate Ethics Committee. The Rules of the House and Senate also contain a
Code of Official Conduct. The ethics committees review charges against a Member
filed by another Member or by a private citizen.
The most severe
punishment which can be imposed by either the House or Senate is the expulsion
of the offending Member. This action requires, constitutionally, an affirmative
vote of two-thirds of the Members of that Chamber voting, a quorum being
present. Alternatively, the House may vote to "censure" a Member for misconduct. This
requires only a majority vote, and under party rules in the House, a censured
Member automatically loss any committee or party leadership positions held
during that Congress. In the Senate, the terms "censure" and "denunciation" are
used almost interchangeably for violations of this magnitude.
A less severe form
of disciplinary action in both the House and Senate is a "reprimand,"
again imposed by the Chamber by a simple majority vote. Typically, reprimands
are reserved for ethical violations which are minor, or appear to be
inadvertent or unintentional on the part of the Member.
Additionally,
Members of Congress are subject to prosecution for treason, felony, or breach
of the peace. Generally, when a Member has been indicted for a felony, a
"leave of absence" from any party or committee leadership position
must be taken so long as the charges are pending. Usually, the House or Senate
will not initiate internal disciplinary action until the criminal proceedings
against the Member have been completed.
27. Are Members Of Congress, To Some Extent, Privileged From
Arrest?
Article 1, Section
6 of the Constitution states that Senators and Representatives "shall in
all Cases, except Treason, Felony, and Breach of the Peace, be privileged from
Arrest during their Attendance at the Session of their respective Houses, and
in going to and returning from the same." The phrase "Treason,
Felony, and Breach of the Peace" has been construed to mean all indictable
crimes and the Supreme Court has held that the privilege against arrest does
not apply in any criminal cases.
28. Who Are The Officers Of The House And How Are They Chosen?
Elected officers
include the Speaker, Clerk, Sergeant at Arms, Doorkeeper, and Chaplain. Another
officer, the Director of Non-Legislative and Financial Services, is appointed
jointly by the Speaker, Majority Leader, and Minority Leader. Each of these
officers appoints the employees provided by law for his or her department.
The Constitution
(Article 1, Section 2) says that the House "shall chuse [sic] their
Speaker and other officers"; i.e., the Members vote as they do on any
other question, except that in most cases it is strictly a party vote. Republicans
and Democrats both meet before the House organizes for a new Congress, and
choose a slate of officers. These two slates are presented at the first session
of the House, and the majority party slate is, of course, selected.
Traditionally, the majority party's nominee for Chaplain is not contested. The
nominees for Clerk, Sergeant at Arms, Doorkeeper, and Chaplain are elected by a
tally recorded by the House's electronic voting machine. The Director of
Non-Legislative and Financial Services is appointed for a Congress by the
Speaker, Majority Leader, and Minority Leader, acting jointly. For election of
the Speaker, Members' names are called alphabetically, and they respond by
orally stating the name of the candidate they prefer.
29. What Are The Duties Of The Officers Of The House?
The Clerk of the
House - The office has a broad range of legislative and administrative duties
that include presiding at the opening of each new Congress, pending the
election of the Speaker; receiving the credentials of the Members; taking all
votes and certifying bill passage; performing the formal preparation of all
legislation; and maintaining, printing, and distributing documents relating to
legislative activity. A number of internal budgeting, disbursing, accounting,
and housekeeping responsibilities are also assigned to the Clerk, as is the
preparation and issuance of a quarterly Report of the Clerk of the House, which
itemizes the official expenditures of the House (including those of committees
and Members of the House).
Sergeant at Arms -
This office enforces the rules of the House and maintains decorum during
sessions of the House. The Sergeant at Arms also is in charge of the Mace, the
symbol of legislative power and authority, and maintains the general security
of the House buildings and the House wing of the Capitol. The Sergeant at Arms,
the Senate Sergeant at Arms, and the Architect of the Capitol comprise the
Capitol Police Board, which supervises the operation of the U.S. Capitol Police
force, the security force of the Congress.
Doorkeeper of the
House - The Doorkeeper makes physical arrangements for joint sessions and joint
meetings of the Congress, announces messages from the President and the Senate,
and announces the arrival of the President to address the Congress.
Additionally, this officer supervises the doormen stationed at each entrance to
the House floor and House gallery; supervises the pages; and operates the
document room, which provides copies of House bills, laws, committee reports,
and other documents to Members.
Chaplain - The
Chaplain prepares and offers the convening prayer each day the House is in
session, and provides pastoral services to Representatives, their families, and
staff. The Chaplain also arranges, at the request of House Members, for guest
chaplains to offer the opening prayer. The Chaplain is elected at the beginning
of each Congress, but traditionally the election is not contested.
Director of
Non-Legislative and Financial Services - Subject to the policy direction of the
Committee on House Administration, the Director has operational and financial
responsibility for functions assigned by resolution of the House. Included in
this responsibility is the operation of the House Post Office and the Finance
Office.
30. What Are The Duties Of The Speaker?
The Speaker
presides over the House, appoints the chairmen to preside over the Committee of
the Whole, appoints all special or select committees, appoints conference
committees, has the power of recognition of Members to speak, and makes many
important rulings and decisions in the House. The Speaker may vote, but usually
does not, except in case of a tie. The Speaker and the Majority Leader
determine the legislative agenda for the House, often confer with the President
and with the Senate, and are regarded as spokesmen for the Administration if
they and the President belong to the same political party.
31. Could A Person Other Than An Elected Representative In
Congress Serve As Speaker Of The House?
Technically, yes.
There is no constitutional impediment to such a selection. The House is
empowered to choose its Speaker and other officers without restriction. But
this possibility is highly unlikely, and indeed, the Speaker has always been a
Member of the House.
32. Who Was The Speaker Of The House Of Representatives For The
Longest Period Of Time?
The late Honorable
Sam Rayburn, of Texas, who was a Member of the House for 48 years and 8 months,
served as Speaker for 17 years and 2 months. However, the record for longest
continuous service as Speaker is held by Thomas P. "Tip" O'Neill, of
Massachusetts, who served consecutively for 10 years, thus surpassing John
McCormack (8 years, 11 months, and 23 days); Champ Clark (7 years, 10 months,
and 29 days); and Joseph G. Cannon (7 years, 3 months, and 24 days).
33. Who Presides Over The Senate?
The Constitution
provides that "the Vice President of the United States shall be the
President of the Senate" (Article I, section 3). As President of the
Senate, the Vice President presides over the Senate, makes parliamentary
rulings (which may be overturned by a majority vote of the Senate), and may
cast tie-breaking votes. At first, Vice Presidents presided on a regular basis,
but in recent years they are present in the chair only when a close vote is
anticipated, or during major debates, or important ceremonial occasions (such
as the swearing in of newly elected Senators, or during joint sessions). In the
absence of the Vice President, the Senate elects a President pro tempore
(president for the time being) to preside. In recent decades it has become
traditional for this post to go to the senior Senator from the majority party.
The President pro tempore assigns other members of the majority party to
preside by rotation during each day's proceedings. These Senators and the
President pro tempore retain their rights to vote on all issues before the body
and to debate when they are not presiding.
34. Who Are The Officers Of The Senate, How Are They Chosen, And
What Are Their Duties?
By resolution, the
Senate elects five officers: the Secretary, Sergeant at Arms, Chaplain,
Secretary for the Majority, and Secretary for the Minority.
Secretary of the
Senate - As the Senate's chief administrative officer, the Secretary supervises
a variety of offices and services to expedite the Senate's day-to-day
operations. Reporting to the Secretary are the Parliamentarian, Bill Clerk,
Enrolling Clerk, Executive Clerk, Journal Clerk, Legislative Clerk, Official
Reporter of Debates, Curator, Historian, and Librarian. Among the other Senate
agencies under the Secretary's jurisdiction are the Senate Disbursing Office, the Stationery Room (which
sells supplies to Senate offices), the Document Room (which distributes
documents of the Senate), the Public Records Office, the Daily Digest Office,
and the Printing Services Office. The Secretary is responsible for the official
certification of bills passed by the Senate, the administration of oaths, the
receipt of registration of lobbyists, and Federal election law requirements for
all Senate candidates.
Sergeant at Arms -
The Sergeant at Arms is the Senate's chief law enforcement officer, having
authority to enforce Senate rules and regulations in and around the Chamber and
Senate office buildings, to locate absent Senators for a quorum, and, at the
direction of the Senate, make arrests. (It was the Senate Sergeant at Arms who
presented President Andrew Johnson in 1868 with notification of his impeachment
trial in the Senate Chamber). As protocol officer, the Sergeant at Arms escorts
the President and other heads of state when they visit the Capitol, leads
formal processions of the Senate during ceremonial events, and arranges
funerals for Senators who die in office. The Sergeant at Arms also directs a
multitude of operations, from computers to custodial services, and supervises
varied support services such as the Senate Computer Center, Senate Service
Department, the Capitol Police on the Senate side of the Capitol complex, the
Senate Post Office, the Democratic and Republican cloakrooms, the Senate
Telecommunications Office, the press galleries, doorkeepers, Senate page
services, the Senate Placement Office, first aid offices, the Office of the
Senate Photographer, the Senate Recording Studio, the Capitol Guide Service,
elevator operators, office equipment services, custodial and building
maintenance staff, and television operators in the Senate Chamber.
Secretary for the Majority
- Generally nominated by the Majority Leader and approved by the Majority
Conference, which includes all Senators of the majority party, the Secretary
for the Majority oversees party activities in the Senate Chamber and the
majority cloakroom. Specifically, the Secretary supervises telephone pages and
messengers, organizes meetings of the Majority Conference, briefs Senators on
votes and pending legislation, and conducts polls of Senators at the request of
the party leadership.
Secretary for the Minority
- The Secretary for the Minority generally is nominated by the Minority Leader
and approved by the Conference of all minority Senators. The Secretary's duties
are essentially identical to those of the majority party secretary.
Chaplain - Nominated
in the Conference of majority party Senators, the Senate Chaplain is elected by
the full Senate. The Chaplain prepares and offers the convening prayer each day
the Senate is in session; provides pastoral services to Senators, their
families and staffs; and schedules and instructs guest chaplains.
35. What Are Party Leaders?
The political
parties in the House and Senate elect Leaders to represent them on the floor,
to advocate their policies and viewpoints, to coordinate their legislative
efforts, and to help determine the schedule of legislative business. The
Leaders serve as spokespersons for their parties and for the House and Senate
as a whole. Since the framers of the Constitution did not anticipate political
parties, these leadership posts are not defined in the Constitution but have
evolved over time. The House, with its larger membership, required Majority and
Minority Leaders in the 19th century to expedite legislative business and to
keep their parties united. The Senate did not formally designate party floor
leaders until the 1920s, although several caucus
chairmen and committee chairmen had previously performed similar duties. In
both Houses, the parties also elect assistant leaders, or "Whips."
The Majority Leader is elected by the majority party conference (or caucus), the Minority Leader by the minority
party conference. Third parties have rarely had enough members to need to elect
their own leadership, and independents will generally join one of the larger
party organizations to receive committee assignments. Majority and Minority
Leaders receive a higher salary than other Members in recognition of their
additional responsibilities.
36. Are The Majority Leaders Elected By Their Respective Houses
Of Congress?
No; rather, the
members of the majority party in the House, meeting in caucus or conference, select the Majority
Leader. The minority party members, in a similar meeting, select their Minority
Leader. The majority and minority parties in the Senate also hold separate
meetings to elect their leaders.
37. What Are The Duties Of The "Whips" Of The
Congress?
The Whips (of the
majority and minority parties) keep track of all politically important
legislation and endeavor to have all members of their parties
present when important measures are to be voted upon. When a vote appears to be
close, the Whips contact absent members of their party, advise them of the
vote, and determine if they wish to "pair" their vote. The Whips
assist the leadership in managing the party's legislative program on the floor
of the Chambers and provide information to party members about important
legislative-related matters. The authority of the Whips over party members is
informal; in the U.S. Congress, Members frequently vote against the position
supported by a majority of their party colleagues because of personal opposition,
or because of the opposition evident in their constituencies. In most cases,
the parties will take no disciplinary action against colleagues who vote
against the party position.
The Majority and
Minority Whips in the House and Senate are elected by party members in that
Chamber. In the House, with its larger number of members, the Majority and
Minority Whips appoint deputy whips to assist them in their activities. In
addition, the House Democrats elect a number of "zone whips," chosen
by Democrats from particular regions of the country to assist in the
informational activities of the party leadership.
38. What Are Party Caucuses Or Party Conferences And Party
Committees?
A party caucus or conference is the name given to a
meeting, whether regular or specially called, of all party members in the House
or Senate. The term "caucus" or "conference" can
also mean the organization of all party members in the House or Senate. House
Democrats refer to their organization as the Democratic Caucus. Senate Democrats and House and Senate
Republicans call their three organizations "party conferences." The
party caucus or conference officially elects party
floor leaders, the party whips, and nominates each party's candidates for the
Speakership or President pro tempore and other officers in the House or Senate.
The chairs of the party conferences and other subordinate party leaders are
elected by vote of the conference or caucus at the beginning of each Congress.
Regular caucus or conference meetings provide a forum in which party leaders
and rank-and-file party members can discuss party policy, pending legislative
issues, and other matters of mutual concern.
The party caucus or conference also traditionally
establishes party committees with specialized functions. Party committees
generally nominate party members to serve on the various committees of the
House or Senate, subject to approval by the caucus
or conference. Party policy committees generally discuss party positions on
pending legislation. Majority party steering committees (the minority party
traditionally has none) generally plan the schedule of Chamber action on
pending legislation. Party research committees conduct studies on broad policy
questions, generally before committees of the House or Senate begin action on
legislation. Party campaign committees provide research and strategy assistance
to party candidates for election to the House or Senate. The chairs of party
committees are generally elected by the party caucus
or conference; the exception is the House Democratic Steering and Policy
Committee which is chaired by the Speaker of the House (when the Democrats are
in the majority) or by the Democratic floor leader (when they are in the
minority).
The caucus or conference may also decide to
appoint "task forces" to perform research on a new policy proposal,
or to assist the formal leadership in developing a party position on important
legislation. These "task forces" are traditionally disbanded once
their work has been completed.
39. What Are Caucuses, Legislative Service Organizations, And
Other Similar Groups?
Nonofficial
"congressional member organizations" (CMOs), commonly called
caucuses, are voluntary organizations of Members of Congress which have no
explicit basis or direct recognition in House, Senate or party rules. Caucuses
may serve any of several functions (or combination thereof), including: compiling,
analyzing and distributing information; developing and mobilizing support for
legislative proposals; advocating positions and issues; and providing
representation for specific elements in national as well as Members'
constituencies. The oldest existing caucus
is the Democratic Study Group (DSG), which was organized in 1958. The DSG's
success in providing its members with information and meeting its group goals
in part has led other House and Senate members to organize additional caucuses.
At least 121 CMOs are now operating, among them the Republican Study Committee,
the Environmental and Energy Study Conference, the Congressional Black Caucus, the Congressional Hispanic Caucus,
the Congressional Caucus for Women's Issues, the Congressional Rural Caucus, the Congressional Steel Caucus,
and the Senate Drug Enforcement Caucus.
The term
"legislative service organization" (LSO) refers to a particular
category of House and bicameral congressional member organizations
that meet criteria set out in Committee on House Administration regulations and
that have been formally certified. (The Senate Committee on Rules and
Administration does not accord any comparable recognition to Senate groups).
This status allows each LSO to receive allotments from respective Member's
clerk hire and official expense allowances and provides an opportunity for
separate staff and office space. Currently, there are 30 LSOs, but not all of
them have separate offices and permanent staff or require financial support
from their members; i.e., dues, research assessment, or subscription fees.
Legislative service organizations may be difficult and time-consuming to fund
and to regulate, and may exacerbate already limited office space problems.
Consequently, no caucus has been granted LSO status since
1984. Each LSO is required to make quarterly reports disclosing its finances
and is prohibited from accepting noncongressional funds to support its
operations.
40. What Services Are Officially Available To Members And To
Committees To Assist Them In The Performance Of Their Legislative Duties?
Research
assistance is available both from congressional staff and from legislative
branch agencies created to assist Members, committees, and their staffs.
Senators and
Representatives are allocated funds to hire personal staff to assist them in
performance of their legislative and constituent work. Committees are entitled
to professional and clerical staff, by statute, and they may have additional
employees pursuant to specific requests that are approved by the respective
Houses.
Additional support
is provided by legislative branch agencies. The Congressional Research Service
of the Library of Congress provides both committees and individual Members with
information, research, and analysis on a wide range of subjects. The General
Accounting Office assists committees and Members in fulfilling oversight and
program evaluation responsibilities. The Office of Technology Assessment
analyzes the impact of technology on public policy. The Congressional Budget
Office provides specialized fiscal and budgetary analyses and cost estimates of
Government agencies, programs, and operations.
Each Chamber has
an Office of Legislative Counsel to assist individual Members, committees, and
staff in the drafting of legislation or in drafting amendments to bills, and
both House maintain legislative libraries. Finally, each House has technical
staff charged with providing computer services and automated systems services.
41. Do The Members Of The House Have Individual Seats On The
Chamber Floor?
No. They did until
the 63d Congress (1913), but now Members may sit where they choose. Democrats
occupy the east side of the Chamber, on the Speaker's right; Republicans sit
across the main aisle, on the Speaker's left. Two tables each on the Democratic
and Republican sides of the aisle are reserved for committee leaders during
debate on a bill reported from their committee and for party leaders.
42. Do Senators Have Individuals Seats Assigned Them?
Yes. The
individual seats are numbered and assigned on request of Senators in order of
their seniority. Democrats occupy the west side of the Chamber on the Vice
President's right; Republicans sit across the main aisle to the Vice
President's left. There is no set rule for seating of "Independents."
By custom, the Majority and Minority Leaders occupy the front row seats on
either side of the aisle, and the Majority and Minority Whips occupy the seats
immediately next to their party's leader.
43. May The Secretary Of State Or Any Other Cabinet Officer
Appear On The Floor Of Either House To Answer Questions?
No. Cabinet
officers frequently testify before House and Senate committees and
subcommittees, but they may not appear on the floor of either Chamber to
respond publicly to Members' questions. There have been proposals to permit
such a "question period" by amending congressional rules, but they
have not been approved.
44. Are Visitors Allowed To Listen To The Proceedings Of
Congress?
Visitors are
allowed to listen to and watch the proceedings of the House and Senate from
visitors' galleries in each House. Tour guides bring groups of visitors briefly
into the House and Senate galleries. Visitors who wish to observe House and
Senate floor sessions for longer periods of time without interruption must
obtain gallery passes, available without prior notice in the offices of their
Senator or Representative.
All visitors must
abide by certain rules and maintain proper decorum. They are not allowed to
take radios, cameras, or umbrellas into either Chamber and they may not read,
write, or take notes while inside. Visitors in the galleries are subject to
control and supervision by the presiding officers of the House and Senate as
well as doorkeepers stationed beside each entrance to the galleries. Unless
there is a rare closed meeting of either House, visitors are allowed whenever
Congress is in session.
Most committee
hearings and meetings are also open to the public. Committees generally meet in
rooms set aside for their use in the congressional office buildings and no
visitors' passes are required, although audience space may be limited to
accommodate congressional staff, executive branch officials, and journalists.
Under certain circumstances specified in House and Senate Rules, committees may
vote to close hearings or meetings to the public.
Special space is
available in the galleries for accredited journalists who are not subject to
the prohibition on writing and taking notes. Since 1979, proceedings of the
House have been accessible to the news media for television or radio broadcast.
Senate sessions have been available for television and radio broadcast since
1986. Any committee hearing or meeting open to the public can also be broadcast
on radio or television, subject to administrative control by the individual
committee.
45. Are The Proceedings Of Congress Published And Preserved?
Each House, by
constitutional requirement, keeps a Journal of its proceedings. The Senate
maintains and publishes a legislative journal and an executive journal. The
latter contains proceedings related to the Senate's responsibilities for
approving treaties and nominations. When the Senate sits as a court of
impeachment, it keeps a separate journal of its proceedings. The Executive
Journal is published annually.
The Journals do
not report debates, they only report the bare parliamentary proceedings of each
Chamber. In addition, the House Journal contains minimal information about
actions taken by the House when meeting as a Committee of the Whole, because
any action taken there is not official unless and until it is ratified by the
full House.
For a public
record of the debates, there have been a succession of reports, overlapping in
part, as follows: Annals of Congress (1789-1824), Register of Debates
(1824-37), Congressional Globe (1833-73), and finally and currently the
Congressional Record (1873 to the present).
The Congressional
Record contains a record, taken stenographically, of everything said on the
floor of both Houses, including roll-call votes on all questions. Members are
permitted to edit and revise the transcripts of their spoken remarks. An
appendix contains material not spoken on the floor but inserted by permission -
the so-called "extensions of remarks." It also carries a brief resume
of the congressional activities of the previous day, as well as a future
legislative program and a list of scheduled committee hearings.
Since 1979 in the
House and 1986 in the Senate, floor sessions have been televised. Videotape
copies of House and Senate Chamber activities are preserved and available for
research use at the Library of Congress and at the National Archives.
46. What Are Joint Sessions And Joint Meetings?
Congress holds
joint sessions to receive addresses (State of the Union and other addresses)
from the President and to count electoral ballots for President and Vice
President. Congress also holds joint meetings to receive addresses from such
dignitaries as foreign heads of state or heads of governments or from
distinguished American citizens.
Of the two types
of gatherings, the joint session is the more formal and typically occurs upon
adoption of a concurrent resolution passed by both Houses of Congress. The
joint meeting, however, typically occurs when each of the two Houses adopts a
unanimous consent agreement to recess to meet with the other legislative body.
Since 1809, the prevailing practice has been to hold joint sessions and joint
meetings in the Hall of the House of Representatives, the larger of the two
Chambers.
Except for the
first inauguration in 1789, in which the Congress convened in joint session to inaugurate President George Washington, these
special occasions have occurred outside of the regular legislative calendars.
Occasionally one chamber will convene a legislative session prior to attending
the ceremony, but unless both do so and subsequently adjourn to attend the
ceremony, the inauguration is not a joint session.
47. What Provisions Are Made For Offices For Members And
Committees Of The Congress?
The Capitol Hill
office complex includes offices for House and Senate leaders and officers and
for certain important committees in the Capitol building itself, plus five
House office buildings and three Senate office buildings, plus additional
rented space in commercial office buildings near the Union Station, north of
the Capitol.
The three main
House office buildings are located on Independence Avenue, south of the
Capitol. Proceeding from East to West, the three buildings are the Cannon House
Office Building, completed in 1908; the Longworth House Office Building,
completed in 1933; and the Rayburn House Office Building, completed in 1965.
The buildings are named for the Speakers of the House at the time the
construction of the buildings was authorized. In these buildings are located
the personal offices of each Member of the House, as well as the main offices
of House standing committees. Two additional buildings were purchased in 1957
and 1975 respectively for use by the House for additional office space. The first
building, on C Street behind the Cannon Office Building, was renamed the Thomas
P. O'Neill House Office Building in 1990. In addition to space for House
committee and subcommittee staff, the building (a former hotel) is now also the
site of the House Page School Dormitory. The second building, on D Street SW,
was renamed in 1990 the Gerald R. Ford House Office Building. Before becoming
Vice President and President, Mr. Ford was House Republican Leader from
1965-73, and he is the first person not to have been Speaker to have a House
office building named after him.
The Senate office
buildings are located on Constitution Avenue, northeast of the Capitol. The
buildings were completed in 1909, 1958, and 1982, and are named in honor of
influential 20th Century Senators: Richard B. Russell (D., GA), Everett M.
Dirksen (R., IL), and Philip A. Hart (D., MI), respectively.
In addition to
office space in Washington, DC, Representatives and Senators are entitled to
rent office space in their Districts or States at public expense.
48. Are There Opportunities In The Congress To Work As A
Volunteer, As A Paid Intern, Or As Part Of An Educational Program?
Every year, large
numbers of college students and other people work for Members of Congress as
volunteers, as interns, or as part of an on-going educational program. Many
colleges and universities award academic credit for congressional work, and a
number of national professional associations (among them, the American
Political Science Association and the American Association for the Advancement
of Science) sponsor a competitive, mid-career congressional fellowship
appointment for interested organization members. The executive branch sponsors
a Legis Fellows program, for mid-career Federal executives who wish to learn
more about congressional operations. Congressmen, as well, receive
supplementary staffing funds to permit the appointment (generally during the
summer) of a Lyndon B. Johnson Congressional Intern (normally reserved for
recent college graduates and teachers), and a Senior Citizen Intern. The
officers of the House and Senate, along with several of the congressional support
agencies, sponsor orientation programs for these congressional interns and
fellows to acquaint them with congressional operations and with public policy
research techniques.
49. Who Are Congressional Pages? What Are Their Duties And
Responsibilities? What Facilities Does Congress Provide For Them?
Congressional
pages are boys and girls, numbering about 100, who are in their third year of
high school, and who serve primarily as messengers in the House and Senate.
The page program
in the House is supervised by the House Page Board and administered by the
House Doorkeeper. In the Senate, the party secretaries and the Sergeant at Arms
have responsibility for the administration of the program. In addition, there
is supervised housing for pages in the Thomas P. O'Neill House Office Building.
The House and
Senate each have page schools located in the Library of Congress. The House
operates its own school, hiring its own teachers, while the Board of Education
of the District of Columbia manages the Senate page school. The college
preparatory curriculum includes additional programs, trips, and resources using
facilities in Washington, DC. Typically, the page schools meet during the
mornings so that pages will be available for work during Chamber sessions later
in the day.
Congressional Process And Powers
50. Why Must Tax Bills Originate In The House?
The constitutional
provision that "all bills for raising revenue shall originate in the House
of Representatives" (Article I, Section 7) is an adaptation of an earlier
English practice. It was based on the principle that the national purse strings
should be controlled by a body directly responsible to the people. So when the
Constitution was formulated, the authority for initiation of revenue
legislation was vested in the House of Representatives where the Members are
subject to direct election every 2 years. However, the Constitution also
guarantees the Senate's power to "propose or concur with amendments as on
other bills."
51. Must All Appropriation Measures Originate In The House?
Although the
Constitution clearly delegates sole authority to originate tax measures to the
House of Representatives, it makes no clear statement regarding the authority
to originate appropriation measures. Despite occasional disputes between the
House and Senate over such authority, the House customarily originates general
appropriation bills. The Senate from time to time initiates special
appropriation measures which provide funds for a single agency or purpose.
52. What Is The Difference Between An Authorization And An
Appropriation?
Authorizations and
appropriations are separate and distinct parts of the Federal budget process.
Authorizations are measures which establish Federal policies and programs, and
may also make recommendations concerning the proper spending level for a
program or agency. Those recommendations are acted upon in the form of
appropriations, which provide specific dollar amounts for agencies, programs,
and operations. If an authorization specifies a spending level or upper limit,
this amount acts as the maximum that an appropriation can provide. The rules of
both the House and the Senate prohibit unauthorized appropriations.
53. What Are The Different Types Of Appropriation Measures?
Appropriations are
provided in three different types of appropriation measures. Regular
appropriation bills are a series of measures which together fund the bulk of
Federal operations for a fiscal year (October 1-September 30). There is one
regular appropriation bill for each of the 13 subcommittees of the House and
Senate Appropriations Committees. A supplemental appropriation bill is a
measure which provides funds if a need develops which is too urgent to be
postponed until the next fiscal year. Finally, a continuing resolution is a measure
which provides stop-gap funding if Congress is unable to complete action on one
or more regular appropriation bills before the beginning of a fiscal year.
All regular
appropriation bills as well as supplemental appropriation bills that fund more
than a single agency or purpose are also referred to as general appropriation
bills.
54. What Is The Congressional Budget Process?
The congressional
budget process, established by the Congressional Budget and Impoundment Control
Act of 1974, is the means by which Congress institutes and enforces an overall
budgetary plan, including levels for total revenues, total spending and the
deficit. This blueprint for all Federal spending is established in the form of
a concurrent resolution on the budget. Funds are then allocated to
congressional committees pursuant to this resolution. The rules of both the
House and Senate prohibit spending in excess of these allocations. Any changes
in law that are necessary to achieve these targets can be enacted in the form
of a reconciliation bill.
55. What Is Sequestration?
Sequestration is
an across-the-board cut in Federal spending pursuant to a Presidential order. A
sequestration order can only be issued if Congress fails to meet a budgetary
requirement, such as a deficit target or a spending limit. Sequestration was
first established in 1985 by the Balanced Budget and Emergency Deficit
Reduction Act, also known as the Gramm-Rudman-Hollings Act.
56. What Are The Powers Of Congress As Provided In The
Constitution?
The Constitution
(Article I, Section 8) empowers the Congress to levy
taxes, collect revenue, pay debts and provide for the general welfare; borrow
money; regulate interstate and foreign commerce; establish uniform rules of
naturalization and bankruptcy; coin money and regulate its value; punish
counterfeiters; establish a postal system; enact patent and copyright laws;
establish Federal courts inferior to the Supreme Court; declare war; provide
for Armed Forces; impeach and try Federal officers (Sections 2
and 3); and to have exclusive legislative power over the District of Columbia.
In Article II, Section 2, the Senate is given the power to consent to the
ratification of treaties and confirm the nomination of public officials.
Congress is also given the power to enact such laws as may be "necessary
and proper" to implement its mandate in Article I, and in certain
amendments to the Constitution.
57. What Is The Confirmation Power Of The Senate?
Under Article II
of the Constitution, the President appoints, by and with the advice and consent
of the Senate, ambassadors, other public ministers and consuls, Justices of the
Supreme Court and Federal judges, and other Federal officers whose appointments
are established by law, including the heads of executive branch departments and
agencies and independent regulatory commissions. This means that while the
President nominates the individuals of these important positions in the Federal
Government, the Senate must confirm them before they officially take office.
The Senate confirmation process can involve a background check of the nominee,
often using information supplied by the Federal Bureau of Investigation;
meetings between the nominee and individual Senators; hearings and a vote on
the nomination by the committee with jurisdiction over the office; and debate and vote in the full Senate, where
a majority is necessary to confirm the appointment.
58. What Is The Role Of The Congress In The Impeachment Process?
Impeachment is the
process by which the President, Vice President, Federal judges and Justices,
and all civil officials of the United States may be removed from office.
Officials may be impeached for treason, bribery, and other high crimes and
misdemeanors.
The House of
Representatives has the sole authority to bring charges of impeachment, by a
simple majority vote, and the Senate has the sole authority to try impeachment
charges. An official may be removed from office only upon conviction, which
requires a two-thirds affirmative vote of the Senate. The Constitution provides
that the Chief Justice shall preside when the President is being tried for
impeachment.
59. Who Controls Use Of The Armed Forces?
The Constitution
(Article II, Section 2) states that the President is the Commander in Chief of
the Army, Navy, and State Militias (now called the National Guard) when it is
called into Federal service. Historically, Presidents have used this authority
to commit U.S. troops abroad without a formal declaration of war. However, the
Constitution reserves to Congress (Article I, Section 8) the power to raise and
support the Armed Forces as well as the sole authority to declare war. These
competing powers have been the source of controversy between the legislative
and executive branches over warmaking. In 1973, Congress enacted the War Powers
Resolution, which limits the President's authority to use Armed Forces abroad
without specific congressional authorization, in an attempt to increase and
clarify Congress' control over the use of the military abroad. But the
resolution has proven controversial and has been largely circumvented by
Presidents in the meantime.
In addition, the
Armed Forces operate under the doctrine of civilian control, which means that
only the President or statutory deputies (the Secretary and Deputy Secretary of
Defense) can order the use of force. The chain of command is structured to
insure that the military cannot undertake actions without civilian approval or
knowledge.
60. What Is The Procedure To Commit The Country's Military Force
To War?
The Constitution
gives to Congress the authority to declare war; this has occurred on only five
occasions since 1789, the most recent being World War II. But the President, as
Commander in Chief, has implied powers to commit the Nation's military forces
abroad, which has occurred on more than 200 occasions in U.S. history.
Moreover, Congress may authorize the use of the military in specific cases
through public law.
The War Powers
Resolution, enacted on November 7, 1973, as Public Law 93-148, also tries to
clarify these respective roles of the President and Congress in cases involving
the use of Armed Forces abroad without a declaration of war. The President is
expected to consult with Congress before using the Armed Forces "in every
possible instance, "and is required to report to Congress within 48 hours
of introducing troops. Use of the Armed Forces is to be terminated within 60
days, with a possible 30-day extension by the President, unless Congress acts
during that time to declare war or enact a specific authorization for use of
the Armed Forces, to extend the 60-90 day period, or is physically unable to
meet as a result of an attack on the United States.
Congressional Rules And Procedures
61. How Are The Rules Of Procedure In Congress Determined?
The Constitution
(Article I, Section 5) provides that each House "determine the Rules of
its Proceedings." These resulting rules and procedures are spelled out in
detailed procedural manuals for each Chamber.
62. What Are The Functions Of The Rules Committee?
The House Rules
Committee makes recommendations to the House on possible changes to the
standing rules of the House, as well as the order of business on the House
floor. The committee affects the order of business by reporting resolutions
that make it possible for the House to begin acting on a bill that is on the
House or Union Calendar. These resolutions are known as special rules or simply
as "rules." Each special rule may also propose a set of ground rules
for debating and amending a particular bill that is different from the normal
rules for considering legislation. For example, a special rule may impose
limitations on the amendments that Members can propose to a bill, or it may
allow an amendment to be offered, even though it violates a standing rule of
the House. The House as a whole decides by majority vote whether to accept,
reject, or modify each special rule that the Rules Committee proposes.
The Senate
Committee on Rules and Administration also considers possible changes to the
standing rules of the Senate, but it has no role in determining the order of
business on the Senate floor. In addition, the Senate committee reports
resolutions to fund the work of all the Senate committees; in the House,
however, this responsibility belongs to the Committee on House Administration.
63. What Is A Quorum Of The House And Of The Senate?
In the House of
Representatives, a quorum is a simple majority of the Members. When there are
no vacancies in the membership, a quorum is 218. When one or more seats are
vacant, because of deaths or resignations, the quorum is reduced accordingly.
Because of Members' other duties, a quorum often is not actually present on the
House floor. But any Member may insist that a quorum must participate in any
vote that takes place in the House. If a Member makes a point of order that a
quorum is not present, and the Speaker agrees, a series of bells ring on the
House side of the Capitol and in the House office buildings to alert Members to
come to the Chamber and record their presence.
A majority of the
membership, or 51, constitutes a quorum to do business in the Senate.
64. What Is The Committee Of The Whole?
The Committee of
the Whole House on the State of the Union (or Committee of the Whole) is a hybrid form of the House itself. Technically,
it is a committee of the House on which all Representatives serve and which
meets in the House Chamber. However, it is governed by different rules of
procedure than the House meeting as itself. The concept of the "grand
committee" has been carefully developed from the early days of the House
and in modern practice gives the House a more expeditious means for considering
the complex and often controversial legislation referred to it. Historically,
it was devised by the English House of Commons to give them the ability to
debate privately and not have their votes committed to record. The Committee of
the Whole in the U.S. House, however, has permitted recorded votes since
January 1971.
The House resolves
itself into a new Committee of the Whole for the consideration of each bill. A
specific Committee of the Whole is dissolved when it "rises and reports
with a recommendation," to the House. When the Committee rises after not
having resolved the matter committed to it, that bill is carried on the
calendar as "unfinished business of the Committee of the Whole" until
consideration has been finally completed.
When a bill or
resolution is considered in Committee of the Whole, there first is a period of
time, usually 1 hour, for general debate on the merits of the bill or
resolution. If enforced, a quorum in the Committee is 100 Members (whereas 218
are required in the House). After general debate, Members may offer amendments,
with each speech for or against an amendment being limited to 5 minutes. If a
recorded vote is desired on any amendment, the call for the vote must be
seconded by 25 Members (whereas 44 or more are required in the House). When the
amending process is completed, the Committee of the Whole "rises,"
and reports its actions to the House through the Speaker. The House then votes
on whether or not to adopt the amendments recommended by the Committee of the
Whole, and then votes on final passage of the measure, as amended.
The Senate ceased
using the Committee of the Whole as a parliamentary forum for debate in 1986.
65. What Are The Duties Of The Parliamentarians?
The House and the
Senate each has a Parliamentarian to assist the presiding officer in making
correct parliamentary decisions, to keep a record of procedures and precedents,
and to refer bills to the correct committees of jurisdiction. These officials must be so well versed in the rules and
practices of the Chamber that the presiding officer can be given guidance and
advice on a moment's notice.
66. When Congress Is In Session, At What Hour Do The Two Houses
Meet?
The time of
meeting is fixed by each Chamber. The daily meeting of each Chamber normally
begins at noon and continues until late afternoon or early evening. However,
the time at which House and Senate meetings begin or end is often changed from
day to day, depending on the work that must be done.
67. What Are The Customary Proceedings When The House Of
Representatives Meets? When The Senate Meets?
The Speaker calls
the House to order, and the Sergeant at Arms places the Mace (an ancient symbol
of authority) on the pedestal at the right of the Speaker's platform. After the
Chaplain offers a prayer, the Speaker recognizes a Member to lead the House in
the Pledge of Allegiance. Then the Journal of the previous day's activities is
approved, usually without being read. Next, the Speaker may recognize a few
Members to speak briefly on matters of importance to them, for no longer than
1-minute each. The House then is ready to begin or resume consideration of a
bill, resolution, or conference report.
The initial
proceedings of the Senate are similar. The Senate is called to order by the
Vice President, the President pro tempore, or another Senator serving as acting
President pro tempore. After a prayer and the approval of the Journal, the
Majority and Minority Leaders are recognized in turn for brief periods to speak
or to transact routine business. Other Senators then may speak, on matters of
interest to them, for no longer than 5 minutes each. If the Senate had
adjourned at the end of its previous meeting, a 2-hour period, known as the
"morning hour" is held, for disposing of routine and noncontroversial
matters. If the Senate had recessed instead, which is the usual practice, there
is no "morning hour" and the Senate proceeds instead to consider
matters of legislative or executive business under its normal rules of
procedure.
68. What Business Can Be Transacted By Unanimous Consent?
Almost anything
can be done in either House by unanimous consent, except where the Constitution
or the rules of that Chamber specifically prohibit the presiding officer from
entertaining such a request. For example, since the Constitution requires that
a rollcall vote be taken to pass a bill over a Presidential veto, the presiding
officer of the House or the Senate cannot entertain a unanimous consent request
to waive this requirement. In the House of Representatives, unanimous consent
requests to admit to the Chamber persons who are not permitted to be present
under its rules, or to introduce visitors in the galleries to the House are not
in order.
69. How Are Record Votes Taken In The Congress?
Most votes are
taken by a simple voice method, in which the yeas and nays are called out,
respectively, and the judgment of the chair as to which are greater in number
determines the vote. If a recorded vote is desired, a sufficient second must
support it. The Constitution simply provides that "the yeas and nays of
the Members of either House on any question shall at the desire of one-fifth of
those present, be entered on the Journal." One-fifth of a quorum is deemed
to be 44 in the House (1/5 of 218), and 11 in the Senate (1/5 of 51). Since
1973, the House has used an electronic voting system to reduce the time
consumed in voting. The Senate continues to use an oral call of the roll. Each
Chamber permits a minimum of 15 minutes to complete a vote.
70. Are There Time Limitations On Debate In Congress?
Yes. In the House,
no matter is subject to more than 1 hour of debate, usually equally divided
between the majority and the minority, without unanimous consent. Moreover, the
majority can call for the "previous question," and bring the pending
matter to an immediate vote. Nonlegislative debate is limited to 1-minute per
Member at the beginning of the day and up to 1 hour per Member at the end of
the day. In the Committee of the Whole, the period of time spent in general
debate is determined and apportioned in advance. Amendments are subject to the
5-minute per side rule, but can extend beyond 10 minutes of debate per
amendment when unanimous consent is granted or when "pro forma"
amendments are offered to gain additional time on the pending amendment. A
nondebatable motion to close debate is in order to end debate on any specific
amendment and bring it to a vote.
In the Senate,
debate is normally without restriction, unless time limits are agreed to by
unanimous consent. The ability to extend debate at will, to
"filibuster," enables a Senator to delay the final vote on a measure,
or even to prevent it all together. Filibusters can be broken only by
negotiation or through the use of a formal procedure known as "cloture."
A successful cloture motion requires at least a 3/5 vote - or 60 Senators. If
cloture is invoked, the filibuster comes to a gradual end. Thirty hours of
further debate are permitted in the post-cloture period prior to the vote on
final passage. However, Senators rarely extend debate after a successful
cloture vote.
71. How Do Members Obtain Permission To Speak?
In the House,
Members stand, address the presiding officer and do not proceed until
recognized to speak. The presiding officer (the Speaker in the House; the
chairman in the Committee of the Whole) has the authority to ask Members for
what purpose they seek recognition. The presiding officer may then recognize or
not recognize the Member, depending upon the purpose for which recognition was
requested.
In the Senate,
Senators must also stand, address the presiding officer (the Vice President,
the President pro tempore, or the acting President pro tempore), and may not
proceed until one of them is recognized to speak. However, the rules of the
Senate require the presiding officer to recognize the first Senator to address
the chair. The presiding officer does not have discretionary recognition
authority. However, in the tradition of the Senate, the Majority Leader and
Minority Leader are given preferential recognition over any other Senator.
72. How Do Members Of Congress Introduce Bills?
A bill that is to
be introduced is typed on a special House or Senate form and signed by the
Representative or Senator who will introduce it. In the House, a Representative
may introduce a bill any time the House is in session by placing it in a
special box known as the "hopper," which is located on the Clerk's
desk in the House Chamber. A Senator introduces a bill by delivering it to a
clerk on the Senate floor while the Senate is in session, although it is
formally accepted only during a period of time set aside in the Senate for the
transacting of routine morning business.
73. When Does A Bill, Introduced At The Beginning Of A Congress,
Become "Dead" And No Longer Open To Consideration?
A bill may be
introduced at any point during a 2-year Congress, and remains eligible for
consideration throughout the duration of that Congress until the Congress ends
or adjourns sine die.
74. What Are The Stages Of A Bill In The Congress?
Following in brief
are the usual stages by which a bill becomes law. (For further details, see
"How Our Laws Are Made," House Document No. 101-139).
(1)
Introduction by a Member, who places it in the "hopper," a box on the
Clerk's desk in the House Chamber; the bill is given a number and printed by
the Government Printing Office so that copies are available the next morning.
(2) Referral to
one or more standing committees of the House by the Speaker, at the advice of
the Parliamentarian.
(3) Report from
the committee or committees, after public hearings and "markup"
meetings by subcommittee, committee, or both.
(4) House
approval of a special rule, reported by the House Rules Committee, making it in
order for the House to consider the bill, and setting the terms for its debate
and amendment.
(5)
Consideration of the bill in Committee of the Whole, in two stages: first, a
time for general debate on the bill; and second, a time for amending the bill,
one part at a time, under a rule that limits speeches on amendments to 5
minutes each.
(6) Passage by
the House after votes to confirm the amendments adopted in Committee of the
Whole.
(7) Transmittal
to the Senate, by message.
(8)
Consideration by the Senate - usually after referral to and report from a
Senate committee, and after debate and amendment on the Senate floor.
(9)
Transmission from the Senate back to the House, with or without Senate
amendments to the bill.
(10) Resolution
of differences between the House and the Senate, either through additional
amendments between the Houses, or the report of a conference committee.
(11) Enrollment
on parchment paper and then signing by the Speaker and by the President of the
Senate.
(12)
Transmittal to the President of the United States.
(13) Approval
or disapproval by the President; if the President disapproves, the bill will be
returned with a veto message that explains reasons for the disapproval.
(14) House and
Senate action to override the veto by two-thirds votes; both Chambers must vote
to override the veto if the bill is to become law.
(15) Filing
with the Archivist of the United States as a new public law after approval of
the President, or after passage by Congress overriding a veto.
Bills may be
introduced in the Senate (except for bills making appropriations) and they
follow essentially the same course of passage as the House of Representatives.
Refer to the flow chart on the following page.
76. What Courses Are Open To The President When A Bill Is
Presented To Him?
The President has
three choices: First, to sign it promptly, whereupon it becomes a law. Second,
the President may veto the bill: i.e., return it to Congress (stating the
objections) without a signature of approval. In this case, Congress may
override the veto with a two-thirds vote in each House. The bill would then
become a law despite the President's veto. Third, the President may hold it
without taking any action. In this case, it becomes law after the expiration of
10 days (excluding Sundays) without the President's signature if Congress is in
session; or it does not become law if Congress has adjourned (this is called a
"pocket veto").
77. What Happens To A Bill After It Becomes Law?
The provisions of
the law take effect immediately unless the law itself provides for another
date. The law will also specify which executive departments or agencies are
empowered to carry it out or enforce it.
The actual written
document is sent to the National Archives and Records Administration, an
independent agency of the Government, where it is given a number and published
in individual form as a "slip law." At the end of each session of
Congress, these are consolidated in a bound volume called U.S. Statutes at
Large. In addition, all permanent, general laws currently in force are included
in the Code of Laws of the United States of America, commonly called the U.S.
Code. The Office of Law Revision Counsel, part of the institutional structure
of the House of Representatives, is responsible for preparing and issuing annual
supplements to keep the Code up to date.
The Committee System
78. Has The Congress Ever Altered Its Committee Organization?
Congressional
organization and procedure have changed considerably over Congress' 200-year
history in response to new needs and circumstances.
With respect to
the committee system, for example, in the early years of the Republic, Congress
relied on temporary, ad hoc committees to process legislation the full Chambers
had considered. A system of permanent standing committees, however, developed
in the first half of the 19th century, when committees acquired many modern-day
powers such as the power to hold legislation not recommended for full Chamber
action. Throughout the 19th century so many committees were created to deal
with emerging national issues that by the 20th century, the system had become
unwieldy. Early 20th century action by the Chambers abolished and consolidated
panels to streamline decision making.
Major
reorganization of the committee system was also achieved by the Legislative
Reorganization Act of 1946. It established standardized committee procedures in
many areas, abolished and merged committees to form integrated panels with
broad jurisdictions, and gave each standing committee a permanent complement of
staff. The act also revamped other areas of congressional procedure. For
example, it established the first comprehensive laws to regulate the lobbying
of Congress; these have since been amended. A similar 1970 Reorganization Act
revised committee and other procedures, including strengthening Congress'
fiscal controls. A 1974 House committee reform measure refined committees'
jurisdictions, amended committee procedures, and expanded Congress' oversight
of the executive branch. A 1977 Senate committee reform measure realigned and
consolidated jurisdictions, revised and expanded Senators' service limitations
on committees, and amended procedures for hiring staff and referring
legislation, among other things. In 1993, another reform effort was initiated
by the Joint Committee on the Organization of Congress.
79. What Is A Conference Committee?
From the earliest
days, differences of opinion between the House and Senate have been committed
to conference committees to work out a settlement. The most usual case is that
in which a bill passes one Chamber with amendments unacceptable to the other.
In such a case, the Chamber which disagrees to the amendments generally asks
for a conference, and the Speaker of the House and the presiding officer of the
Senate appoint the "managers," as the conferees are called. Generally
they are selected from the committee or committees having charge of the bill. After
attempting to resolve the points in disagreement, the conference committee
issues a report to each Chamber. If the report is accepted by both Chambers,
the bill is then enrolled and sent to the President. If the report is rejected
by either Chamber, the matter in disagreement comes up for disposition anew as if there had been no
conference. Unless all differences between the two Houses are resolved, the
bill fails.
Until 1975, it was
customary for conference committees to meet in executive sessions closed to the
public. In that year, both chambers adopted rules to require open conference
meetings. Two years later, the House strengthened its open conference rule.
Today, most conference committee sessions are open to public observation, with
only a few exceptions for security, or for other reasons.
80. What Are Congressional Standing Committees And Why Are They
Necessary?
Standing
committees are permanent panels comprised of Members of a Chamber. Each panel has
jurisdiction over measures and laws in certain areas of public policy, such
as health, education, energy, the environment, foreign affairs, and
agriculture.
Although Congress
has used standing committees since its earliest days, it did not predominantly
rely on them during its first quarter century. In these early years,
legislative proposals were considered initially by all Members of one Chamber
in plenary session; afterwards, each proposal was referred to a temporary, ad
hoc committee responsible for working out a proposals details and making any
technical changes. As the amount of legislative proposal's increased,
especially in certain subject areas, permanent committees replaced temporary
ones for more expeditious screening and processing of legislation before its
consideration by an entire Chamber.
Each Chamber now
has its own standing committees, to allow it to consider many issues at the
same time. Each committee selects, from the tens or hundreds of measures it
receives each Congress, a relatively small amount (approximately 10 percent)
that merit committee scrutiny and subsequent consideration by the full Chamber.
Because of the small size of committees - on average 16 to 20 Senators or 35 to
50 Representatives, and the often lengthy service of Members on the same panel,
committees provide an effective means of managing Congress' enormous workload
and gaining expertise over the growing range and complexity of subjects with
which the Government deals.
81. What Are The Standing Committees Of The House?
In 1993, 22
standing committees were named: Agriculture; Appropriations; Armed Services;
Banking, Finance and Urban Affairs; Budget; District of Columbia; Education and
Labor; Energy and Commerce; Foreign Affairs; Government Operations; House
Administration; Judiciary; Merchant Marine and Fisheries; Natural Resources;
Post Office and Civil Service; Public Works and Transportation; Rules; Science,
Space, and Technology; Small Business; Standards of Official Conduct; Veterans'
Affairs; and Ways and Means.
82. What Are The Standing Committees Of The Senate?
In 1993, 16
standing committees were named: Agriculture, Nutrition, and Forestry;
Appropriations; Armed Services; Banking, Housing, and Urban Affairs; Budget;
Commerce, Science, and Transportation; Energy and Natural Resources;
Environment and Public Works; Finance; Foreign Relations; Governmental Affairs;
Judiciary; Labor and Human Resources; Rules and Administration; Small Business;
and Veterans' Affairs.
83. How Are The Members Of The Standing Committees Selected?
Before Members are
assigned to committees, each committee's size and the proportion of Democrats
to Republicans must be decided by each Chamber's party leaders. The total
number of committee slots allotted to each party is approximately the same as
the ratio between majority party and minority party members in thefull Chamber.
Members are then
assigned to committees in a three-step process, where the first is the most
critical and decisive. Each of the two principal parties in the House and
Senate is responsible for assigning its members to committees, and at the first
stage, each party uses a committee on committees to make the initial
recommendations for assignments. At the beginning of a new Congress, Members
express preferences for assignment to the appropriate committee on committees;
most incumbents prefer to remain on the same committees so as not to forfeit
expertise and committee seniority. These committees on committees then match
preferences with committee slots, following certain guidelines designed in part
to distribute assignments fairly. They then prepare and approve an assignment
slate for each committee, and submit all slates to the appropriate full party
conference for approval. Approval at this second stage often is granted easily,
but the conferences have procedures for disapproving recommended Members and
nominating others in their stead. Finally, at the third stage, each committee
submits its slate to the pertinent full Chamber for approval, which is
generally granted readily.
84. What Constitutes A Quorum Of A Standing Committee Of The
Senate And Of The House?
Each House and
Senate committee is authorized to establish its own quorum requirement for the
transaction of business. House rules specify that House committees shall have
at least two members present to take testimony or receive evidence and at least
one-third of the members present for taking any other action, except reporting
out a bill to the floor. Senate rules also require at least one-third of the
committee membership present to conduct most business, but permit committees to
lower that quorum requirement for purposes of taking testimony. However, in
both Chambers, a physical majority of the committee members must be present to
report a bill to the floor.
85. What Is A Select Committee?
In the
contemporary era, select committees are established by the House and Senate
usually for limited time periods and for strictly limited purposes. In most
cases, they have not been accorded legislative power - the authority to
consider and report legislation to the full Chamber. After completing their
purpose, such as an investigation of a Government activity and making a report
thereon, the select committee expires. Recently, however, the Chambers have
permitted select committees to continue to exist over long periods; some, such
as the House and Senate Select Committees on Intelligence, have been granted
legislative authority.
86. What Are Joint Committees And How Are They Established?
Joint committees
are those which have Members chosen from both the House and Senate, generally
with the chairmanship rotating between the most senior majority party Senator
and Representative. In general, they do not have legislative power to consider
and report legislation to the full Chambers. These committees can be created by
statute, or by joint or concurrent resolution, although all existing ones have
been established by statute. Congress now has four permanent joint committees,
the oldest being the Joint Committee on the Library, which dates from 1800. In
addition, it sometimes establishes temporary joint committees for particular
purposes, such as the Joint Congressional Committee on Inaugural Ceremonies; it
is formed every 4 years to handle the organizational and financial
responsibilities for the inauguration of the President and Vice President.
114 87. Do
Congressional Committees Hold Hearings On All Bills Referred To Them?
No. However, it is
the view of many committees that any Member who insists on a hearing on a bill
should have it. There may also be several bills similar or almost identical in
substance introduced at the same time. In such cases, hearings frequently are
held on a group of related measures; or a hearing on one bill serves for all
similar bills. It is not always possible for Members to have individual
hearings on their particular bills before a committee because of the press of
business and the large number of bills referred to most committees.
88. Does The Congressional Committee To Which A Bill Is Referred
Effectively Control Its Disposition?
Committees, for
the most part, control whether hearings will be held on bills referred to them
and whether these bills will be reported to the full Chamber for debate.
Ordinarily, if a bill is not reported by a committee, the bill dies; that is
because the Chambers usually defer to the expertise and power of committee
members in determining a measure's fate.
However, both the
House and Senate have procedures for allowing measures not reported by a
committee to be considered by the full Chamber. The House uses a discharge
procedure, usually on measures of a controversial character; it is rarely
employed and rarely successful, because it is cumbersome and because Members
are uncomfortable circumventing committee authority. The procedure allows a
majority of Representatives (218) to sign a petition to discharge a committee
of any bill held there longer than 30 days, at which point the bill is placed
on a special calendar and may be called up by any of the signers on the second
or fourth Monday of any month. Very limited debate is allowed on the question
of whether to consider a bill on the calendar; but if the House agrees by
majority to a bill's consideration, then it is debated under its general rules.
It is also
possible to discharge a Senate committee by motion, but the procedure is rarely
used. Instead, because the Senate does not generally require amendments to
measures to be on the same subject as the measures, a Senator may offer the
text of a measure buried in committee as an amendment to any measure being debated
by the full Senate. This practice is not allowed in the House, where amendments
must be relevant (called "germane") to the measures they seek to
amend.
89. Are Committee Hearings Open To The Public?
Hearings by House
committees and subcommittees are open to the public except when a committee, by
majority vote while in public session, determines otherwise. This occurs, for
instance, when classified national security matters are considered.
The Legislative
Reorganization Act of 1970 permitted, for the first time, radio and television
broadcast of House committee and subcommittee hearings but only when a majority
of the committee so votes and only if decorum is observed in the broadcastings.
Hearings by Senate
committees and subcommittees are also open to the public. However, Senate
committee hearings may be closed to the public if the committee determines by
majority vote in open session that testimony must be secret for any of several
reasons, including if it relates to classified national security matters,
reflects adversely on the character or reputation of witnesses, or divulges
information which is of a confidential nature.
Hearings of public
interest in the Senate have been broadcast for more than 40 years.
90. What Is Meant By The "Seniority Rule"?
It had been the
custom whereby a member who served longest on the majority side of a committee
became its chairman or if on the minority, its ranking member. Members were
ranked from the chairman or ranking member down, according to length of service
on the committee.
Modifications made
in the 92d, 93d, and 94th Congresses have caused the seniority rule to be less
rigidly followed than previously. In both Chambers, nominees for committee
chairmen are subject to public votes, first in meetings of their party
colleagues (in conference or caucus), then in the full Chamber.
Nevertheless, length of service on a committee remains the predominant
criterion for choosing its chairman and ranking member. Members who interrupt
their service in a Chamber but subsequently return to the Congress, start again
at the bottom of a committee list. Returning Members outrank other new Members
who have no prior service. New Members also earn seniority over other newly
elected Members by having prior service in the other legislative Chamber. In
some cases, in which two Members have equal time in service in a Chamber, prior
service as a State Governor or State legislator also may contribute in the
determination of seniority.
91. Do The Terms "Senior Senator" And "Junior
Senator" Apply To Age Or Service?
The words
"senior" or "junior" as applied to Senators refers to their
length of continuous service in the Senate, and not to their ages. Thus, a
senior Senator may be younger in age than the junior Senator.
§
92. How Is The Executive Branch Organized?
The Federal
executive branch is headed by the President and consists of various entities
and organizations of largely an administrative, regulatory, or
policy-implementing character. Most prominent among these are 14 departments,
whose heads comprise the Cabinet. In addition, there are a number of agencies
(such as the Central Intelligence Agency and Environmental Protection Agency)
plus separate smaller boards, committees, commissions, and offices created by
law or Presidential directive. Immediately assisting the President are the
various agencies and entities of the Executive Office of the President.
93. What Is The Executive Office Of The President?
Formally
established in 1939, the Executive Office of the President consists of
satellite offices and agencies that assist the President in the exercise of
various statutory responsibilities. Later, as conditions merited, such units
were abolished or transferred to program departments and agencies of the
executive branch.
The President And Vice President
94. Is The U.S. President Comparable To A Reigning Monarch, A
Prime Minister, Or Premier? Is The President Technically A "Chief Of
State"?
The American
President has been compared to an elective monarch, but there are few kings or
queens today who exercise the same degree of authority as does the President of
the United States. The President simultaneously holds the titles that are often
split among two or more incumbents in monarchies and parliamentary democracies.
The President is
traditionally accorded the unofficial designation "Chief of State," a
position which most closely parallels that of a king or queen in a monarchy. As
such the President is often recognized as the symbolic embodiment of the United
States and its citizens.
The President also
performs many of the functions of a prime minister or premier in a
parliamentary democracy. As Chief Executive, an office held under the Constitution,
the President presides over the Cabinet and has responsibility for the
management of the executive branch. The Constitution also vests the President
with the power to make treaties, and to appoint ambassadors, U.S. officers, and
judges of Federal courts, with the advice and consent of the Senate. The
President also holds the position of Commander in Chief of the Armed Forces.
Unlike a prime
minister, the President is not a member of the legislature, nor is tenure in
office dependent on the approval of a majority of the legislators. Elected
indirectly by the citizens through the electoral college, the President serves
a definite term and can only be removed by the process of impeachment.
Presidential tenure is limited to no more than two 4-year terms (or 10 years
under special circumstances), which distinguishes the presidency from
hereditary monarchs who reign for life.
As a political
leader, the President directs the operations of the respective party's national
organization and serves as its leader.
95. How Is The President Addressed?
Simply as
"Mr. President." A letter sent to the Chief Executive is addressed
"The President, The White House." One of the earliest congressional
debates dealt with the title of the Chief Executive. A Senate committee
recommended that the President be addressed, "His Highness, the President
of the United States of America, and Protector of the rights of the same."
In the House, a debate on the subject was climaxed by James Madison's
recognition that the Constitution explicitly prescribed the Chief Magistrate's
title as "President of the United States of America." When George
Washington made his first inaugural address, the House made formal reply,
addressing him simply as "The President of the United States." When
the Senate's turn came to make a similar formal reply, it reluctantly bowed to
the precedent, but not without adopting a resolution declaring "that it
would be proper to annex a respective title to the office"
of President.
96. What Are The Constitutional Powers Of The President?
Article II of the
Constitution vests the "executive power" in the President. There is
dispute among scholars, however, as to whether the executive power consists
solely of the authorities enumerated for the President or whether it also
includes powers that are implied in Article II. Most authorities lean toward
the latter interpretation.
The actual powers
expressly granted the President are few in number. The President is Commander
in Chief of the Army, Navy, Air Force, and of the State Militias (now called
the National Guard) when called into the service of the United States. The
President may require the written opinion of military executive officers and is
empowered to grant reprieves and pardons except in the case of impeachment. The
President has power, by and with the advice and consent of the Senate, to make
treaties, provided that two-thirds of the Senate present concur. The President
also nominates and appoints, by and with the advice and consent of the Senate,
ambassadors, other public ministers and consuls, Justices of the Supreme Court
and Federal judges, and other Federal officers whose appointments are
established by law. The President has the power to fill temporarily all vacancies
that occur during the recess of the Senate. The Constitution also directs the
President periodically to inform Congress on the State of the Union and to
recommend legislation that is considered necessary and expedient. The President
may, on extraordinary occasions, convene both Houses of Congress, or either of
them, and in case the two Houses disagree as to the times of adjournment, may
adjourn them. The President also receives ambassadors and other public
ministers, must take care that the laws are faithfully executed, and
commissions all officers of the United States. The President may veto acts of
Congress. A two-thirds vote in the House and in the Senate is required to
override a presidential veto.
In addition to
these express powers, the Chief Executive derives certain implied authority
from the Constitution. This implied authority, like the express powers, has
been in the past and remains today a subject of dispute and debate. For
example, although the Constitution does not grant to the President express
power to remove administrators from their offices, as the chief executive, the
President holds power over executive branch officers, unless such removal power
is limited by public law. The President, however, does not have such implied
authority over officers in independent establishments. When President Franklin
D. Roosevelt removed a member of the Federal Trade Commission, an independent
regulatory agency, and not part of the executive branch, the Supreme Court, in
1935, ruled the removal invalid. More recently, in 1988, the Supreme Court
upheld the constitutionality of the Independent Counsel Law. These independent
counsels, who investigate and prosecute alleged criminal conduct of
high-ranking officials, can be removed only by the Attorney General (not by the
President) and then only for "good cause, physical disability, mental
incapacity, or other impairing conditions."
Another implied
constitutional power is derived from the President's authority as Commander in
Chief. Though the Congress has the explicit power to declare war, the President
not only has the authority to protect the Nation from sudden attack, but also
has used this power to initiate military activities abroad without a formal
declaration of war. American Presidents have authorized military force abroad
more than 200 times, but only on five occasions has Congress declared war: The
War of 1812, the Mexican War, the Spanish-American War, and the two World Wars.
In recent years, most notably through the War Powers Resolution of 1973, Congress
has sought to more clearly define the conditions under which Presidents could
authorize unilateral military action abroad.
97. It Is Constitutionally Mandated That The President Is
Commander In Chief Of The Army And The Navy. What About The Other Military
Services?
Organizationally,
the U.S. Marine Corps is a part of the U.S. Navy, and the military service that
is now the U.S. Air Force was once part of the U.S. Army. These four military
services are a part of the Department of Defense, an executive branch
department. The Congress, moreover, has provided that subject to the direction
of the President and applicable laws, the Secretary of Defense has authority,
direction and control over the Department of Defense and, thus, over the Armed
Forces. During time of war or as directed by the President, the commissioned
corps of the Public Health Service may be declared to be a military service by
Executive order. Likewise, the Coast Guard, usually a part of the U.S.
Department of Transportation, operates as part of the U.S. Navy in time of war
or when directed by the President.
98. What Is A Presidential Veto?
There are two
types of vetoes available to the President. One, the regular veto, is a
"qualified negative veto," which is limited by the ability of
Congress to muster the necessary two-thirds vote of each House for
constitutional override. The other type of veto is not explicitly designated in
the U.S. Constitution but is traditionally called a "pocket veto."
This veto is actually an "absolute veto" that cannot be overridden;
it becomes effective when the President fails to sign a bill after Congress has
adjourned and is unable to override the veto.
The President's
veto authority is one of the significant tools in legislative dealings with
Congress. It is not only effective in directly preventing the passage of
legislation undesirable to the President, but also as a threat, thereby
bringing about changes in the content of legislation long before the bill is
ever presented to the President.
In the last few
years, the idea of a line-item veto has been explored in national debates and
in the press. Many State Governors are permitted to veto portions of bills sent
to them for approval by the State legislatures; they sign into law the
remaining, unchallenged portions of the bills. Opponents of a line-item veto
concept, however, have argued that because of the separation of powers doctrine
provided by the Constitution, such a veto power would dilute the powers of the
legislative branch. In order for a line-item veto to become law, the
Constitution would have to be amended or the courts would have to expand the
current interpretations of presidential veto powers.
99. Have Many Bills Been Vetoed By Presidents?
Up to 1993, U.S.
Presidents have vetoed 2,513 bills presented to them by Congress. Of that total
number, 1,448 were regular vetoes, and 1,065 were pocket vetoes. This may
appear to be a large number of vetoes, but it actually represents less than 3
percent of the over 93,000 bills presented to U.S. Presidents since George
Washington. Congress has overridden or overturned only 4 percent of all
Presidential vetoes.
Table 1: Vetoes by
Presidents
[Through January 1993]
Vetoes
President Regular
Pocket Total overrid-
vetoes vetoes
vetoes den
George Washington
......................... 2 ......
2 ........
John Adams
.......................................
- ................
Thomas Jefferson
.................................
- ................
James Madison
.............................
5 2 7
........
James Monroe
..............................
1 ...... 1
........
John Quincy Adams
................................
- ................
Andrew Jackson
............................ 5 7
12 ........
Martin Van Buren ................................. 1
1 ........
William Henry Harrison
........................... - ................
John Tyler
................................
6 4 10 1
James K. Polk
.............................
2 1 3 ........
Zachary Taylor
...................................
- ................
Millard Fillmore
.................................
- ................
Franklin Pierce
........................... 9 ......
9 5
James Buchanan
............................ 4 3
7 ........
Abraham Lincoln
........................... 2 5
7 ........
Andrew Johnson
............................ 21 8
29 15
Ulysses S. Grant .......................... 45
48 93 4
Rutherford B. Hayes
....................... 12 1
13 1
James A. Garfield
................................
- ................
Chester A. Arthur
......................... 4 8
12 1
Grover Cleveland (1st term)
............... 304 110
414 2
Benjamin Harrison
......................... 19 25
44 1
Grover Cleveland (2d term)
................ 42 128
170 5
William McKinley
.......................... 6 36
42 ........
Theodore Roosevelt
........................ 42 40
82 1
William H. Taft
........................... 30 9
39 1
Woodrow Wilson ............................ 33
11 44 6
Warren G. Harding
......................... 5 1
6 ........
Calvin Coolidge
........................... 20 30
50 4
Herbert C. Hoover
......................... 21 16
37 3
Franklin Delano Roosevelt
................. 372 263
635 9
Harry S. Truman
........................... 180 70
250 12
Dwight D. Eisenhower
...................... 73 108
181 2
John F. Kennedy
........................... 12 9
21 ........
Lyndon B. Johnson
......................... 16 14
30 ........
Richard M. Nixon
.......................... 26 17
43 7
Gerald R. Ford ............................ 48
18 66 12
James E. (Jimmy) Carter
................... 13 18
31 2
Ronald W. Reagan
.......................... 39 39
78 9
Vetoes
President Regular
Pocket Total overrid-
vetoes vetoes
vetoes den
George Bush
...............................
29 ^1 15 44
1
Totals........................... 1,448
1,065 2,513 104
[Footnote
1: A President Bush asserted that two bills were not enacted into law under the
pocket veto provisions of the Constitution because the Congress was in recess.
The Congress, however, maintained that these were not vetoes because they
required action within 10 days of receipt by the President, and therefore
became law without his signature. A third bill was asserted by President Bush
to be pocket-vetoed during a congressional recess, but he returned a veto
message to the originating House; and it was treated as a regular veto.]
100. Are Acts Often Passed Over The
President's Veto?
This
occurs very rarely, because pocket vetoes cannot be overridden and regular
vetoes require a two-thirds vote in each House of Congress. As a consequence,
regular vetoes have been overridden by Congress only 7.2 percent of the time.
Presidents may also be anxious about a poor public image resulting from having
a veto overridden by Congress and, depending on the circumstances, may be
hesitant to use it unless reasonably assured of being sustained.
The
U.S. President with the highest percentage of veto overrides was Andrew Johnson
(71.4 percent), followed by Presidents Pierce (55.5 percent), Nixon (26.9
percent), Ford (25.0 percent), Arthur (25.0 percent), and Reagan (22.9
percent).
101. What Important Court Cases
Relate To The Pocket Veto?
In
practice, Presidents have found the pocket veto to be a useful tool and have
employed it frequently (42.5 percent of all vetoes), both because Congress has
adjourned and because it precludes a potential override by Congress. Congress,
on the other hand, objects to unconstitutional use (in its view) of the pocket
veto because, as an absolute veto, it diminishes the capacity of Congress to
function as a coequal branch of Government in legislative matters.
Attempts
in Federal courts to determine the limits of the pocket veto have satisfied
neither the executive nor the legislative branch of Government. Federal court
opinions have sustained the President's use of the pocket veto at the end of a
complete congressional cycle. What remains in contention, despite various court
rulings and agreements with two administrations, is whether to pocket veto a
bill between the first and second sessions of a Congress or during intrasession
adjournments of more than 3 days.
The
Supreme Court has ruled in only two cases related to the pocket veto issue. The
Pocket Veto Case, 279 U.S. 644 (1929), is probably the most famous of the
rulings. In this case, the Supreme Court ruled that the President may pocket
veto a measure not only after the final adjournment of a Congress, but also
during the adjournment after the first session. According to the Court, the
intersession adjournment prevented the President (Coolidge) from returning the
bill, and the measure did not become law.
The
second Supreme Court opinion came in Wright v. United States, 302 U.S. 583
(1938). The Supreme Court held in Wright that the bill in question had been
properly returned to the Senate by the President and, in the absence of a
congressional vote to override, it could not become law. In contrast to the
views it had expressed in the Pocket Veto Case, the Wright opinion approved the
President's return of a vetoed bill to an agent (official of the Senate) of the
originating House, even though that body was not in session.
There
have also been lower court decisions which relate to the application of the
pocket veto. The most prominent lower court decision is Kennedy v. Sampson, 511
F.2d 430 (D.C. Cir. 1974). In this case, the Court held that since the pocket
veto is an exception to Congress' power to override a Presidential veto, the
preferred construction of the constitutional clause is that the return of a
bill is not prevented by an adjournment of Congress.
102. What Is The Date For The
Commencement Of A President's Term And How Is It Set?
When
the Constitution was ratified, the Congress was given power to determine the
date for beginning the operations of the new administration. Congress set the
date of March 4, 1789. Although George Washington did not take the oath of
office until April 30, 1789, his term began March 4. Later, the 20th or
so-called "lame-duck" amendment, ratified in 1933, established
January 20 as the date on which Presidents would be inaugurated. In 1937,
President Franklin D. Roosevelt became the first President to take the oath on
January 20. When inauguration day falls on a Sunday, it is traditional practice
for the President to take the oath privately on January 20 and to hold the
public ceremony the following day.
103. What Qualifications Are
Prescribed For The President?
According
to the Constitution, that person must be a natural-born citizen, at least 35
years old, and a resident of the United States for at least 14 years. The
question as to whether a child born abroad of an American parent is "a
natural-born citizen," in the sense of this clause, has been frequently
debated. While several constitutional scholars have argued that such a person
should qualify as a natural-born citizen, there is no definitive answer.
104. Did Any Presidential Candidate
Win The Popular Vote But Lose Election In The Electoral College?
Yes.
In 1876 and 1888. In 1876, Rutherford B. Hayes, a Republican, received
4,033,950 popular votes and 185 electoral college votes, as opposed to Samuel
J. Tilden, a Democrat, who won 4,284,757 votes and only 184 electoral college
votes. This election was further complicated by disputes over elections in
Florida, Oregon, South Carolina, and Louisiana. A House commission was put in
place to adjudicate the undecided and contested votes of a deadlocked electoral
college. On the basis of the rulings by the House commission, the final
electoral votes were 185 votes for Hayes and 184 for Tilden. The final tallies
were not decided until March 2, 1877, two days before the inauguration. Neither
candidate knew who would be President as each boarded a train for Washington
the week before the inauguration.
In
1888, Benjamin Harrison, a Republican, was elected President with 233 electoral
votes to Grover Cleveland's 168 votes, despite Cleveland's popular election
victory of 5,540,050 votes over Harrison's 5,444,337.
105. How Often Has The Election Of
The President Passed To The House Of Representatives?
In
addition to the occurrence in 1876, twice. In 1800 Thomas Jefferson and Aaron
Burr were tied with 73 electoral votes each. The House voted in favor of
Jefferson.
In
1824, Andrew Jackson had won 153,544 popular votes and 99 electoral votes, but
he lacked sufficient numbers to gain a clear majority over John Quincy Adams,
who had won 108,740 popular votes and 84 electoral votes, and two third party
candidates: William H. Crawford and Henry Clay, who had 78 electoral votes
between them. After the House was given the matter to resolve, John Quincy
Adams was elected President.
106. What Is The Wording Of The Oath
Taken By The President? Who Administers It?
The
form of oath for the President is prescribed by the Constitution as follows: I
do solemnly swear (or affirm) that I will faithfully execute the office of
President of the United States, and will, to the best of my ability, preserve,
protect, and defend the Constitution of the United States.
Generally,
the Chief Justice administers the oath, but this is merely custom. Any officer
authorized to administer oaths could do it.
107. What Provision Is Made By The
Constitution Or By Law For Execution Of The Duties Of President In The Event Of
Death, Resignation, Disability, Or Removal From Office?
The
25th amendment states:
(1) in case of
the removal of the President from office or of his death or resignation, the
Vice President becomes President;
(2) when there is
a vacancy in the office of Vice President, the President shall nominate a Vice
President who shall take office upon confirmation by a majority vote of both
Houses of Congress;
(3) whenever the
President transmits to the President pro tempore of the Senate and Speaker of
the House of Representatives his written declaration that he is unable to
discharge the powers and duties of his office, and until he transmits to them a
written declaration to the contrary, such powers and duties shall be discharged
by the Vice President as Acting President;
(4) whenever the
Vice President and a majority of either the principal officers of the executive
departments or of such other body as Congress may by law provide, transmit to
the President pro tempore of the Senate and Speaker of the House of
Representatives their written declaration that the President is unable to
discharge the powers and duties of his office, the Vice President shall
immediately assume the powers and duties of the office as Acting President.
Thereafter, when
the President transmits to the President pro tempore of the Senate and the
Speaker of the House of Representatives his written declaration that no
inability exists, he shall resume the powers and duties of his office unless
the Vice President and a majority of either the principal officers of the
executive departments or such other body as Congress may by law provide,
transmit within 4 days to the President pro tempore of the Senate and Speaker
of the House of Representatives their written declaration that the President is
unable to discharge the powers and duties of his office. Thereupon Congress
shall decide the issue, assembling within 48 hours for that purpose, if not
already in session. If the Congress, within 21 days after receipt of the latter
written declaration, or, if Congress is required to assemble, determines by
two-thirds vote of both Houses that the President is unable to discharge the
powers and duties of his office, the Vice President shall continue to discharge
the same as Acting President; otherwise, the President shall assume the powers
and duties of his office.
108. Who Would Succeed To The Presidency If The Office Becomes
Vacant And There Is No Vice President?
Under the
Presidential Succession Act of 1947, it would be the Speaker of the House of
Representatives, after resigning as Speaker and as a Representative. In the
event the Speaker should not qualify, the President pro tempore of the Senate
would discharge the powers and duties of the office of President. Succession
would then proceed in the following order, which has been modified over the
years as new departments have been added: Secretary of State, Secretary of the
Treasury, Secretary of Defense, Attorney General, Secretary of the Interior,
Secretary of Agriculture, Secretary of Commerce, Secretary of Labor, Secretary
of Health and Human Services, Secretary of Housing and Urban Development,
Secretary of Transportation, Secretary of Energy, Secretary of Education, and
Secretary of Veterans Affairs.
109. Has A President Or Vice President Ever Resigned?
Two Vice Presidents
have resigned. John C. Calhoun resigned on December 28, 1832, 3 months before
the expiration of his term, to become Senator from South Carolina. Spiro T.
Agnew resigned October 10, 1973, subsequent to pleading nolo contendere (no contest)
to a charge of Federal income tax evasion.
Following Mr. Agnew's resignation, President Richard Nixon nominated Gerald R.
Ford, the Minority Leader of the House, to fill the Vice Presidential vacancy.
The Senate and House, in accordance with the provisions of the 25th amendment,
under which Mr. Ford had been nominated, approved the nomination. He was sworn
into office on December 6, 1973. Less than a year later, on August 9, 1974,
Gerald Ford became President following Richard Nixon's resignation. Shortly
thereafter, Mr. Ford nominated Nelson A. Rockefeller to be Vice President; he
was confirmed and sworn into office on December 19, 1974. Thus, in about 1
year, two occasions arose for using the provisions of the 25th amendment to
fill a vacancy in the Vice Presidency.
110. How Many Vice Presidents Have Succeeded To The Presidency
By Reason Of A Vacancy In That Office?
Nine: John Tyler,
Millard Fillmore, Andrew Johnson, Chester A. Arthur, Theodore Roosevelt, Calvin
Coolidge, Harry S. Truman, Lyndon B. Johnson, and Gerald R. Ford.
111. Of These Successions, How Many Were Caused By The
Assassination Of Presidents?
Four: Abraham
Lincoln, James A. Garfield, William McKinley, and John F. Kennedy were killed
by assassins. Andrew Johnson served as President all but 1 month of Lincoln's
second term; Theodore Roosevelt served 3 1/2 years of McKinley's second term;
Chester A. Arthur served 3 1/2 years of Garfield's term; and Lyndon B. Johnson
served about 1 1/4 years of Kennedy's term.
112. What Would Happen If The President-Elect Were To Die Before
Taking Office?
In the event that
the President-elect dies or resigns after the electoral vote is cast, then the
Vice President-elect would be sworn in as President, as provided for in the
20th amendment.
Incidentally, in the
event a Presidential or Vice Presidential candidate of either party dies or
resigns prior to the meeting of the electoral college on the second Wednesday
in December, the rules of the major parties provide that their national
committees would meet and fill the vacancy or vacancies.
113. How Are Vice Presidents Elected?
The 12th amendment
provides that the electors appointed by each State will name on distinct
ballots the persons to be voted for as Vice President. A list of the electoral
votes is then signed, certified, and transmitted "sealed" to the
President of the U.S. Senate. These certificates are opened by the President of
the Senate, in the presence of the Senate and House of Representatives, and the
votes are then counted. The person having a majority of the Vice Presidential
votes of the electors becomes Vice President. If no person has a majority, the
Senate then chooses the Vice President from the two candidates receiving the
largest number of votes. Two-thirds of the Senators must be present during the
voting, with a majority necessary for election.
114. What Are The Qualifications For Vice President?
No person
constitutionally ineligible to be President is eligible to be Vice President. Article
II, Section 4 of the Constitution provides that a President must be a
natural-born citizen, at least 35 years old, and have been a resident of the
United States for at least 14 years.
The Vice President
also takes the following oath: I do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States against all enemies,
foreign and domestic, that I will bear true faith and allegiance to the same;
that I take this obligation freely, without any mental reservation or purpose
of evasion; and that I will well and faithfully
discharge the duties of the office on which I am about to enter. So help me
God.
115. Does A President Have Any Control Over The Sessions Of
Congress?
Under the
Constitution the President may convene Congress, or either House, "on
extraordinary occasions." It is usual for the President in calling an
extra session to indicate the exact matter which needs the attention of
Congress. However, once convened, a Congress cannot be limited in the subject
matter which it will consider.
The President is
also empowered by the Constitution to adjourn Congress "at such time as he
may think proper" when the House and Senate disagree with respect to the
time for adjournment. No President has exercised this power. Many
constitutional experts believe the provision applies only in the case of
extraordinary sessions.
116. Has It Always Been Customary For Presidents To Appear
Before Joint Sessions Of The House And Senate To Deliver Their Annual State Of
The Union Message?
Presidents George
Washington and John Adams appeared before the two Houses in joint session to
read their messages. Thomas Jefferson discontinued the practice in 1801,
transmitting his message to the Capitol to be read by clerks in both Chambers.
Jefferson's procedure was followed for a full century. Woodrow Wilson was the
first President since Jefferson to address Congress in person, delivering a
tariff message on April 8, 1913. The "Annual Message" was delivered
in person by Wilson on December 2, 1913. With the exception of President
Herbert Hoover, the practice has been followed generally by subsequent
Presidents.
117. What Is The "President's Cabinet"?
The President's
Cabinet has been commonly regarded as an institution whose existence relied
more upon custom than in law. In fact, the First Congress created the
departments of State, Treasury, and War, and also established the Office of the
Attorney General. Once these offices had been established, President Washington
made appropriate appointments and subsequently found it useful to meet with the
chiefs of the several executive departments. Furthermore, Article II, section
2, of the Constitution, provides that the President, may require the Opinion,
in writing, of the principal Officer in each of the executive Departments, upon
any subject relating to the Duties of their respective Offices.
The President's
Cabinet differs from the Cabinet in the British Parliamentary system. In the
United States, the Executive power is constitutionally vested in the President,
so that the Cabinet members are responsible to him, whereas in the British
system, the Cabinet as a whole, rather than only the Prime Minister who heads
it, is considered the Executive, and the Cabinet is collectively responsible to
the Parliament for its performance. In the United States, the Cabinet
Secretaries serve only in the executive branch, whereas in Britain the Cabinet
Ministers are typically drawn from among the majority party's members in
Parliament.
118. What Is The Membership Of The Cabinet?
Traditionally,
membership of the Cabinet has consisted of the heads of the executive
departments. There were 14 department heads in 1993, the newest being the
Secretary of Veterans Affairs. It should be remembered that a substantial part
of the executive branch is not represented on the Cabinet.
From the earliest
days, Presidents have accorded to others the privilege of attending and
participating in Cabinet meetings. In recent years, the Ambassador to the
United Nations, the Director of the Office of Management and Budget, and the
U.S. Trade Representatives, among others, have been accorded Cabinet rank.
The Executive Departments And Agencies
119. How Are Executive Departments And Agencies Created?
Executive
departments must be created by statute. Agencies in the executive branch,
however, may be created by statute, internal departmental reorganizations, or,
in some instances, by Presidential directive. Deriving from the constitutional
capacity as Chief Executive, Commander in Chief, or by delegation of authority
by Congress, the President can create various agencies or units by Executive
order. All agencies, however, must ultimately be given a statutory authority if
they are to receive appropriations or their decisions are to have legal force.
120. How Are Executive Departments And Agencies Funded?
Most depend on
annual appropriations passed by Congress. In some cases, though, the appropriation
is permanent and requires no annual action by Congress. Certain agencies also
operate from revenue received when loans are repaid and from nonappropriated
funds such as money received from theaters, post exchanges on military bases,
or recreation fees on national park lands.
121. Who Oversees The Operations Of Executive Departments And
Agencies?
Oversight of the
executive departments is shared among the three branches of Government. It is
exercised by Congress as a consequence of its constitutional authority to enact
laws, appropriate funds, and make rules for the Government. Overseers monitor
departmental administration and operations and review past activities, in order
to ensure compliance with legislative intent. Congressional oversight is conducted
largely through the committees and subcommittees of the Senate and the House of
Representatives. These panels are assisted by their own staff and congressional
support agencies, such as the General Accounting Office and the Congressional
Research Service.
The Federal courts
also exert a degree of control over the executive departments through judgments
as to the legality of actions or orders compelling compliance with the laws.
Within the executive
branch, the President, of course, exercises control over departments and the
agencies through their heads, as well as through the Office of Management and
Budget.
122. Why Is There A Merit System For Federal Employees?
The Federal merit
system was established to ensure that any personnel actions, such as hiring,
promotion, demotion, or firing, are taken on the basis of an individual's
ability and performance. It replaced the "spoils system" whereby
political patronage controlled hiring and firing practices. By contrast, the
merit system is designed to ensure that the best candidates are hired for
Federal positions, that they will be treated fairly, and that they will have
the opportunity to rise as far as their abilities take them. Nine merit
principles have been codified into law. Two of these are that selection and
advancement for Federal positions be on the basis of ability, knowledge, and
skills, under fair and open competition; and that personnel management be
conducted without regard to politics, race, color, religion, national origin,
sex, marital status, age, or handicapping condition, but with regard to
individual privacy and constitutional rights.
123. Are All Federal Employees Covered By A Merit System?
More than 90 percent
of Federal employees are covered by the merit system. Of this total, 59 percent
are in the competitive service, 23 percent are in the U.S. Postal Service, and
8 percent are in other merit systems. Among those positions excepted from the
competitive service by law, Executive order, or Office of Personnel Management
determination, are those which are of a confidential or policy-determining
nature, and those for which it is not practical to recruit through competitive
examinations or through the competitive Civil Service System.
124. What Are The Roles Of The Office Of Personnel Management,
The Merit Systems Protection Board, And The Federal Labor Relations Authority?
The Civil Service
Reform Act of 1978 created three separate agencies to replace the U.S. Civil
Service Commission. The Office of Personnel Management (OPM) is the central
personnel agency for the Federal Government. Among other responsibilities, it
advises the President on civilian employment matters; executes, administers,
and enforces civil service laws, rules, and regulations; and provides
leadership and assistance to Federal agencies in carrying out Federal personnel
policies. The Merit Systems Protection Board (MSPB) is a quasi-judicial agency
designed to protect the integrity of the Federal merit system against
prohibited personnel practices. The Federal Labor Relations Authority (FLRA)
adjudicates labor-management disputes in Federal agencies. It is responsible
for conducting hearings and deciding complaints of unfair labor practices. An
Office of Special Counsel (OSC), which until 1989 was part of MSPB, but is now
an independent, is an investigative and prosecutorial agency charged with
protecting employees from prohibited personnel practices, especially reprisal
for whistleblowing.
§
125. What Are Independent Agencies And Regulatory Commissions?
The independent
agencies, in general, comprise all Federal administrative agencies not included
under the executive departments or under the direct, immediate authority of the
President. These many and diverse organizations range from regulatory
commissions, to Government corporations, such as the U.S. Postal Service, to a
wide variety of boards and foundations. Some of them, such as the Smithsonian
Institution, are of long standing, while others have been created in recent
years, as the Federal Government has increased its responsibilities.
Independent regulatory commissions have been established by Congress, beginning
in the 1880s, to regulate some aspect of the U.S. economy. Among these are the
Interstate Commerce Commission, the first of these, the Securities and Exchange
Commission, and the Federal Communications Commission.
Such agencies are,
of course, not independent of the U.S. Government; they are subject to the laws
that are approved by Congress and executed by the President.
126. To Whom Are Independent Agencies And Commissions
Responsible? How Do They Report On Their Activities?
Independent
regulatory commissions, Government corporations, and various other
Government-sponsored enterprises are bodies headed by several commissioners,
directors, or Governors, who are appointed by the President and confirmed by
the Senate. Unlike administrators of executive agencies, however, regulatory
commissioners serve for fixed terms and cannot be removed at the pleasure of
the President. In some cases, Government-sponsored enterprises may also have
directors who are private citizens. While all of the independent regulatory
commissions and most of the Government-sponsored enterprises submit their
budget requests to OMB for review and clearance, the degree of dependence on
these budgets varies considerably. While nearly all of the Government-sponsored
enterprises generate a considerable part of their financial resources from
outside sources, almost all the independent regulatory commissions rely on the
Government for their funding.
Activities of all of
these entities are presented in public reports which are prepared annually. In
addition, they are subject to periodic authorization and appropriations
hearings in Congress, where their activities and operations can be reviewed.
§
127. What Is The "Supreme Law Of The Land"?
The Constitution,
laws of the United States made pursuant to the Constitution, and treaties made
under authority of the United States comprise the "supreme law of the
land." Judges throughout the country are bound by them, regardless of
anything in separate State constitutions or laws.
128. What Is The Main Principle Of The System Of Justice In The
United States?
The guiding
principle of the U.S. system of justice, "Equal Justice Under Law,"
is engraved in the Vermont marble pediment above the portico of the U.S.
Supreme Court Building.
The Courts Of The United States
129. By What Authority Are The Federal Courts Established?
Article III of the
Constitution provides that there shall be one Supreme Court and such inferior
courts as the Congress may ordain and establish. Additionally, Article I,
Section 8 provides that Congress has the power "to constitute tribunals
inferior to the Supreme Court." The Judiciary Act of 1789 formally
established the Supreme Court and Federal court system.
130 What Is The Highest Court And How Is It Organized?
As mandated by the
Constitution, the Supreme Court of the United States is the highest court. The
Court has been composed of the Chief Justice of the United States and since
1869, eight Associate Justices. Congress, which governs the Court's
organization by legislation, has varied the number of Associate Justices from 6
to 10 over the history of the Court. Congress now requires six Justices for a
quorum.
131. What Is The Jurisdiction Of The Supreme Court?
The Constitution
provides that in all cases affecting ambassadors to the United States, other
public ministers and consuls, and those in which a State is party, the Supreme
Court has original jurisdiction. This was modified by the 11th amendment to preclude citizens of
one State from suing another State. Additionally, the Constitution provides
that Congress may regulate the appellate jurisdiction of the Court. Congress has authorized the Supreme Court, among
other things, to review decisions of the lower Federal courts and the highest
courts of the States.
132. What Is The Process By Which The Supreme Court Reaches A
Decision And Who Sets This Process Or Procedure?
The internal review
process of the Court has largely evolved by custom while the procedure to be
followed by petitioners to the Court are established in rules set forth by the
Court.
After individually
examining each case submitted, the Justices hold a private conference to decide
which cases to schedule for oral argument, which to decide without argument,
and which to dismiss. If at least four Justices agree, a case will be taken by
the Court for a decision, with or without oral argument, and the other requests
for review will be dismissed. If oral argument is heard, a total of 1 hour is
generally allowed the parties to argue the issues and respond to questions from
the Justices. Later, in conference, the Justices make their decision by simple
majority or plurality vote. A tie vote means that the decision of the lower
court is allowed to stand. Such a vote could occur when one or three Justices
do not take part in a decision.
133. How Does The Supreme Court Cope With The Large Number Of
Decisions Which It Receives On Appeal From State And Federal Courts?
Each year the Court
receives more than 4,500 decisions from State and lower Federal courts. While
examining all of the cases submitted, the Court agrees to hear oral arguments
on some 200 each term. Also, the Justices, without hearing oral arguments,
decide a limited number of other cases - usually fewer than 100. The rest of
the petitions for review are either denied or dismissed.
134. Who Writes The Opinions Of The Supreme Court?
When the Justices
have decided a case, the Chief Justice, if voting with the majority, will
assign an Associate Justice to write the opinion of the Court. If the Chief
Justice is in the minority, the senior Associate Justice in the majority will
make assignment. The individual Justices may, of course, write their own
concurring or dissenting opinions in any decision.
135. Why Is So Much Importance Placed On A Supreme Court
Decision?
Article VI of the
Constitution provides that the Constitution and the laws of the United States
made "in Pursuance thereof" shall be the supreme law of the land.
Thus, when the Supreme Court decides a case, particularly on constitutional
grounds, it becomes guidance for all the lower courts and legislators when a
similar question arises. And under its power of judicial review, the Court can
declare laws unconstitutional, thus, making them null and void.
136. What Are The District Courts, And How Are They Organized?
The 94 district
courts, created by Congress, are the trial courts in the Federal judicial
system. It is in these courts that most Federal cases are first tried and
decided. There is at least one district court in each State for a total of 89
in the 50 States, plus one in each territory: the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, and the Northern Mariana Islands. Each court
has from 1 to 28 judges and trials in these courts are generally heard by a
single judge.
l37. What Are The Courts Of Appeals And How Are They Organized?
Often called circuit
courts, they are divided geographically into 12 circuits, each having from 6 to
28 judges. The jurisdiction of these courts covers appeals from the District Courts and
appeals from actions of Government agencies. Cases are generally presented to
the courts sitting in panels consisting of three judges. There also is a Court
of Appeals for the Federal Circuit with a nationwide jurisdiction and which reviews lower court rulings
in, among other things, patent, trademark, and copyright cases.
138. What Other Federal Courts Are There?
There are several
special courts of the United States that have jurisdiction over specialized subjects. The
jurisdiction of each court is indicated by its title: The U.S. Claims Court
hears various kinds of claims against the United States; the Court of
International Trade hears claims against the Government arising from Federal
laws governing import transactions; the Tax Court adjudicates controversies
involving deficiencies or overpayment of taxes; the U.S. Court of Military
Appeals reviews court-martial convictions of all of the armed services; and the
Court of Veterans Appeals reviews decisions of the Board of Veterans Appeals.
Also, there are a few other courts composed of regular U.S. district and appellate judges who render this service in
addition to their regular duties.
The Justices And Judges
139. What Are The Qualifications Required To Be A Justice Of The
Supreme Court?
There are neither
constitutional nor statutory qualifications for appointees to the Supreme
Court. Determining the qualifications of the individuals selected is left up to
the President, who nominates, and the Members of the Senate, who confirm
individuals to the Court.
140. What Is The Tenure Of A Federal Judge?
Judges of the Claims
Court, Tax Court, Court of Military Appeals, and Court of Veterans Appeals have
terms of 15 years, and judges of the territorial District Courts in Guam, the
Virgin Islands, and the Northern Mariana Islands have 10-year terms. Otherwise,
the judges of the courts mentioned in the preceding questions, including the
Supreme Court, courts of appeals, and most Federal district courts, have
"good behaviour" tenure as specified in the Constitution. This is
generally considered to be life tenure.
141. Why Do Most Federal Judges Have "Good Behaviour"
Tenure?
The framers of the
Constitution believed that by allowing this tenure and prohibiting the
diminution of a judge's compensation while in office, the independence of the
Federal judiciary could be preserved. Thus, if a judicial decision displeased
the executive or legislature, or a majority of the population, the judges could
not be punished for it. This judicial independence was considered to be a key
part of the system of checks and balances established by the Constitution.
142. How And For What Reasons May Judges With "Good
Behaviour" Tenure Be Removed From Office?
As officers of the
United States, such judges may be removed from office by impeachment for
treason, bribery, or other high crimes and misdemeanors. One statute
specifically states that Justices or judges appointed under the authority of
the United States who engage in the practice of law are guilty of a high
misdemeanor. Otherwise, it is up to Congress to determine if certain judicial
misbehavior meets the understanding of a high crime and misdemeanor.
143. What Is The Oath Of Office For Federal Judges And Justices?
A Federal statute
provides that each Justice or judge of any court created by enactment of
Congress shall take the following oath before performing the duties of office: I
do solemnly swear (or affirm) that I will administer justice without respect to
persons, and do equal right to the poor and to the rich, and that I will
faithfully and impartially discharge and perform all the duties incumbent upon me as * * * under the Constitution
and laws of the United States. So help me God."
§
144. How Are Presidents And Vice Presidents Of The United States
Nominated?
Candidates for
President and Vice President are nominated either through individual
declaration or by the action of a major or minor political party.
Presidential and
Vice Presidential candidates nominated through the major parties are chosen at
the national conventions of their respective parties. Delegates to these
conventions are chosen on the State level by a variety of methods, including
Presidential primaries, caucuses, conventions, or some combination of two or
more of these elements. The process of delegate
selection begins early in the Presidential election year, usually in late
January or early February, and is completed well in advance of the national
conventions, usually by June. National party conventions traditionally meet in
July or August of Presidential election years, with the party "out of
power" in the White House convening about one month prior to the other
party.
The prenomination
campaign may begin within the major parties as early as a candidate wishes to
announce and begin organizing and fundraising. Only funds raised after January
1 of the year preceding the Presidential election year qualify for Federal
matching funds, however.
145. How Are Presidents And Vice Presidents Elected?
The President and
Vice President of the United States are chosen every 4 years, in even-numbered
years divisible by the number four, by a majority vote of Presidential electors
who are elected by popular vote in each State.
Candidates for the
Presidency, Vice Presidency, and the office of elector representing the major
political parties are automatically accorded ballot access in all of the
States, while minor party candidates must satisfy various State requirements,
such as gaining a requisite degree of public support, through petition
signatures, establishing a State-mandated organizational structure, or having
polled a required number of votes in the most recent statewide election.
All States also
provide for inclusion of independent candidates on the general election ballot.
In almost every case, candidates must submit a requisite number of petitions
signed by registered voters in order to gain ballot access. Some States also
provide for write-in votes for candidates not included on the ballot.
Although the major
political parties dominate Presidential election contests, there are usually a
number of independent and minor party candidates. In 1988, for example, 16
minor party candidates for President appeared on the ballot in at least one
State. However, they received less than one percent of all popular votes cast
and won no electoral votes.
The general election
campaign for independent or minor party candidates may begin as early as the
candidates wish. Major party Presidential campaigns traditionally begin on
Labor Day and, therefore, last approximately 2 months.
146. What Is The "Electoral College"? What Is Its Role
In The Election Of The President And Vice President Of The United States?
The President and
Vice President of the United States are elected by electors, individuals who
are chosen in the November general election in Presidential election years. The
electors meet on the first Monday after the second Wednesday in December to
vote, separately, for President and Vice President. Although the term does not
appear in the Constitution, the electors are collectively known as the
electoral college.
Each State is
assigned a number of electors equal to the total of its Senators and
Representatives in the U.S. Congress. The District of Columbia, under the 23d
amendment, chooses a number equal to that assigned to the least populous State
(three). The electoral college currently comprises 538 members when
constituted. The Constitution requires that candidates for President and Vice
President receive an absolute majority of electoral votes in order to be
elected (270 of the current total of 538).
The Constitution, in
Article II, Section 1, provides that, "No Senator or Representative, or
person holding an office of trust or profit under the United States shall be
appointed an elector." Aside from this disqualification, any person is
qualified to be an elector for President and Vice President.
While the
Constitution (Article II, Section 1) empowers the States to appoint electors
"in such manner as the legislature thereof may direct," all 50 States
and the District of Columbia currently provide that Presidential electors be
elected by popular vote. Forty-eight States and the District of Columbia
provide for winner-take all, at-large elections, known as the general ticket
system, which awards all electoral votes to the candidates which receive the
most; i.e., a plurality of popular votes cast in the State. Maine, beginning in
1972, and Nebraska, beginning in 1992, comprise the only current exceptions to
this arrangement, using the district system to award electoral votes. Under the
district system, popular votes are tallied in each congressional district and
on a statewide basis. The popular vote winner in each district is awarded one
electoral vote, while the statewide popular vote winner is awarded two
additional votes, reflecting the two "senatorial" electors assigned
to each State regardless of population.
The modern electoral
college almost always reflects the preelection pledges of its members and does
not, as the Founding Fathers anticipated, make independent judgments concerning
who should be elected President and Vice President. Between 1820 and 1988, only
16 electors cast their votes for candidates other than those to whom they were
pledged. This is known as the phenomenon of the "unfaithful" or
"faithless" elector. While a number of States have enacted
legislation which seeks to bind electors to the popular vote winners, the
preponderance of opinion among constitutional scholars holds that electors
remain free agents.
The electoral
college never meets as one body, but in 51 State electoral colleges, usually in
the State capital. Separate votes are cast for President and Vice President.
Once the electors have voted and the results have been certified by the
Governor of each State, the results are forwarded to the President of the U.S.
Senate (the Vice President). The electoral vote certificates are opened and
tallied at a joint session of Congress held on the sixth day of January
succeeding every meeting of the electors, or, by custom, on the following day
if the sixth falls on a Sunday, with the Vice President presiding. The winning
candidates are then declared to have been elected.
If no candidate for
President or Vice President has received a majority, the House of
Representatives, voting by States, elects the President, and the Senate, voting
as individuals, elects the Vice President.
147. Did The Electoral College Ever Vote Unanimously For Any
President?
The electors voted
unanimously on only two occasions, both for George Washington, for the terms
beginning in 1789 and 1793. In the Presidential election of 1820, all the
electors except one voted to reelect James Monroe.
148. How Are Senators And Representatives Nominated And Elected?
Senate and House
candidates of major political parties are nominated by primary election in most
States. Some States also provide for a party convention or committee
recommendation in conjunction with a primary. In many States, no primary
election is held for a particular office if the candidate is unopposed for
nomination. Minor party candidates in most States are nominated according to
individual party rules and procedures. Independent candidates are nominated by
self-declaration.
Major party candidates
are afforded automatic ballot access in all States, while minor party and
independent candidates must meet various State requirements, such as submission
of petition signatures of registered voters, in order to be placed on the
general election ballot.
Senators are elected
by plurality vote of eligible voters in their State. A plurality means that the
candidate with the largest number of votes, usually, but not necessarily a
majority, is the victor. Representatives are elected by plurality vote in the congressional
district in which they are candidates. The only major exceptions to this rule
in Federal general elections are found in the District of Columbia, for its Delegate to the House, and Georgia, which require
that a candidate receive a majority of popular votes in order to be elected. A
runoff election is scheduled in the event no candidate receives the requisite
majority. In addition, Louisiana requires that all candidates, including those
for the U.S. Senate and House of Representatives, compete in an all-party
primary election. A candidate winning a majority of votes under this
arrangement is declared elected, and the general election is canceled for that
office.
149. What Are The Qualifications To Vote In A National Election?
In practice, all
U.S. citizens 18 years of age or older who meet certain additional
qualifications established by the States are eligible to vote in national
elections.
The Constitution
originally provided for a limited degree of public participation in the
electoral process, requiring that Members of the House of Representatives be
chosen by electors having "the qualifications requisite for electors of
the most numerous branch of the state legislature"; that Senators be
elected by the State legislature; and that electors for President be chosen, as
previously noted, "in such a manner as the legislature thereof may
direct."
Prior to the Civil
War, State action extended the franchise to a point where all white males, 21
years of age or older, and some black males, in certain nonslave States, were
eligible to vote. Since the Civil War, Congress, and the States, have through a
series of constitutional amendments and legislative enactments, progressively
extended the franchise. The 15th amendment (1870) guaranteed the right to vote
regardless of "race, color, or previous condition of servitude"; the
17th amendment (1913) provided for direct popular election to the Senate; the
l9th (1920) and 26th (1971) amendments extended the vote, respectively, to
women and citizens 18 years of age or older; the 23d amendment (1961)
established the right to vote in Presidential elections for citizens of the
District of Columbia; and, the 24th amendment (1964) prohibited the payment of
any tax as a prerequisite for voting in Federal elections.
Since 1957, Congress
has enacted laws designed to prevent racial discrimination in the election
process, namely, the Civil Rights Acts of 1957, 1960, and 1964. In 1965,
Congress also passed the Voting Rights Act which suspended for a stated period
of time all tests and similar devices which had been used to discriminate
against minority groups, particularly black citizens. This same legislation
authorized Federal officers to register voters and to observe elections to
insure that there was no discrimination. In 1970, Congress extended for an
additional period of time the test suspension features of the 1965 Act and
reduced the residence requirements imposed by States as a prerequisite for
voting for Presidential electors. The Voting Rights Act Amendments of 1970
provided for the abolition of continual residency requirements for
voting in Presidential elections and required the States to provide for
absentee registration and voting in Presidential elections.
In 1975, Congress
again extended the Voting Rights Act; placed a permanent nationwide ban on the
use of literacy tests and devices, expanded the act to provide coverage for
minority groups not literate in English, and required affected States and
jurisdictions to offer certain kinds of bilingual assistance to voters. In
1982, Congress again extended and amended the Voting Rights Act to enable
jurisdictions to seek release from coverage, but only if they could meet
conditions more extensive and difficult than the one condition required for
release heretofore. Section 2 of the act was also amended to provide that the
courts could judge an election law to be discriminatory without proof that it
was intended to be so, so long as the law resulted in abridging or diluting
minority voting power.
The Uniformed and
Overseas Citizens Absentee Voting Act of 1987 guarantees the right of persons
in military service or living abroad to vote by absentee ballot in Federal
elections. The Voting Accessibility for the Elderly and Handicapped Act of 1984
mandates Federal standards of physical accessibility for polling places and
registration sites and requires the availability of large type ballots and
hearing devices for the handicapped.
Voters must also
meet State requirements in order to vote, the most common of which is
registration. Citizens in 46 States and the District of Columbia must register
between 10 and 50 days in advance of election day, while the States of Maine,
Minnesota, and Wisconsin provide for registration on election day. In addition,
North Dakota does not require registration of voters, relying instead on
presentation of personal identification at the polls. Thirty States and the
District of Columbia require that voters be residents for a period of between 1
and 50 days prior to election day. In addition, most States bar registration
and voting by convicted felons and those judged mentally incompetent.
150. Who Is Responsible For The Administration Of Elections In
The United States?
The administration
of elections, including regulation of political parties, ballot access, and
registration procedures, establishment of polling places, provision of
election-day workers, counting and certification of the vote, and all costs associated
with these activities, are the responsibility of the States. In performing
these functions, the States are subject to the requirements of the Constitution
and Federal law, as noted above.
151. How Was The Choice Of A National Election Day Made?
The Constitution
(Article II, Section 1) provides that "Congress may determine the Time of
choosing the Electors, and the Day on which they shall give their votes; which
Day shall be the same throughout the United States." In 1792, Congress enacted
legislation establishing the first Wednesday in December as the day on which
Presidential electors were to assemble and vote, and further required the
States to appoint electors within 34 days prior to the date set for the
electors to vote. In 1845, Congress enacted legislation providing a uniform
date for the choice of electors in all States, establishing "Tuesday next
after the first Monday in the month of November of the year in which they are
to be appointed."
In 1872, Congress
extended the November election day to cover elections for Members and Delegates
to the U.S. House of Representatives and in 1915, following ratification of the
17th amendment, which established direct popular election of the Senate,
Tuesday after the first Monday in November was also designated as election day
for Senators.
The decision to
create a single day for the selection of Presidential electors was intended, in
part, to prevent election abuses resulting from electors being selected on
separate days in neighboring States. Several other reasons are also
traditionally cited as being responsible for the selection of November as the
time for Federal elections. In a largely rural and agrarian nation, harvesting of crops was
completed by November, so farmers were able to take the time necessary to vote.
Travel was also easier before the onset of winter weather throughout the
northern States. Tuesday was chosen partly because it gave a full day's travel
time between Sunday, which was widely observed by religious denominations as a
strict day of rest, precluding most travel, and voting day. This interval was
considered necessary when travel was either on foot or by horse in many areas,
and the only polling place in most rural areas was at the county seat. The
choice of Tuesday after the first Monday prevented elections from falling on
the first day of the month, which was often reserved for court business at the
county seat.
152. Who Pays For Political Campaigns?
Most campaign funds
of candidates for Federal office are raised from private contributions by
individuals and groups. Individuals are limited to contributions of $1,000 to
any candidate per election, a primary and a general election count separately,
and individuals can also give $5,000 a year to a political action committee,
which contributes the money to political campaigns. Interest groups - in the
form of, multicandidate, political action committees (PACs) - may contribute up
to $5,000 per candidate per election. Political parties may also contribute to
and spend money on behalf of their candidates, subject to various limits, and
candidates, in general, may spend unlimited amounts of personal funds on their
campaigns.
Since 1976,
candidates for President have been given the option of accepting public funding
for their campaigns, if they agree to abide by spending limitations and meet
certain eligibility criteria. During the primary election season, funds from
the U.S. Treasury are payable to candidates on a basis which matches small, privately
raised contributions. Major political parties are eligible to receive a flat
grant from the Government to finance their nominating conventions, and their
nominees are eligible for a much larger stipend for their general election
campaigns. Provisions exist in the law for third party or new party candidates
to be eligible for public funding on a proportional, or retroactive, basis.
Public funding is
not available to candidates for Congress.
153. What Federal Laws Regulate Political Campaign Financing?
Until 1972, the
Corrupt Practices Act regulated spending in Federal elections, but only for
general and special elections. Since the passage of the Federal Election
Campaign Act (FECA) of 1971 and its subsequent amendments in 1974, 1976, and
1979, there has been much greater regulation of the Federal electoral process,
during primary, general, and special elections, caucuses, and conventions.
The FECA and its
amendments established strict reporting requirements for all candidates for
Federal office, their campaign committees and others spending money to
influence Federal elections. Contributions are limited, but, in general,
expenditures are not. Furthermore, full, though optional, public financing is
provided for major party Presidential candidates in the general election and
major party national nominating conventions, and matching public funding is
available in Presidential primary elections. Minor party Presidential
candidates may receive partial public funding in the general election. Expenditures
by candidates accepting Federal funds must be limited, as must the level of
personal funds a candidate may spend on his or her own campaign.
An independent
Federal Election Commission is the principal enforcement agency, with primary
civil jurisdiction and investigatory authority in criminal cases. It also has the
power to prescribe regulations to implement and clarify campaign laws, to issue
advisory opinions which offer guidance in complying with the law, and to
disseminate information, such as on campaign receipts and expenditures, to
candidates and to the public.
154. What Are "Matching Funds" And "Public
Funds" In Presidential Elections And Who May Qualify To Receive Them?
The Federal election
campaign laws provide for a system of public funds for Presidential elections,
available on an optional basis to candidates who agree to abide by specified
expenditure limits. Primary election campaigns are funded through the
Presidential Primary Matching Payment Account, and general election campaigns
are funded through the Presidential Election Campaign Fund. These accounts are
funded by taxpayers who take the option of earmarking one dollar of their tax
liability on their Federal income tax form for this purpose.
A primary election
candidate may be eligible for matching funds after raising $5,000, in donations
from individuals of $250 or less, in each of 20 States. Thereafter, the fund
matches each contribution of $250 or less until the total amount of public funds
equals 50 percent of the candidate's primary expenditure limit. By linking the
level of public funds received to that of private funds raised in the
primaries, the law seeks to insure that only serious candidates; i.e., those
able to attract a sizable number of private contributors, may receive public
funds.
In the general
election, the nominees for President and Vice President of the two major
parties are automatically eligible for a flat stipend from the Presidential
Election Campaign Fund. In 1992, the major party candidates, George Bush and
Bill Clinton, each received $55.2 million for use in the general election, but
this figure is raised every 4 years according to a cost-of-living increase. No
private contributions may be accepted by major party candidates who receive
public funds in the general election, except for a specified amount from the
national committees of their respective political parties. Third party
candidates may receive public funds in an amount proportionate to the votes
received by that party as compared with the major parties in the previous
Presidential election, and new party candidates may be eligible for retroactive
public funds after the election, if they receive at least 5 percent of the
popular votes cast.
Political parties
are eligible to receive public funds for their national nominating conventions
as well. The two major parties each received $11.1 million in 1992 for their
conventions, and this amount, too, is subject to cost-of-living increases. No
minor parties to date have qualified for this subsidy.
§
155. What Is The Office Of The Federal Register?
The Office of the
Federal Register was established in 1935 by the Federal Register Act and is
administered by the National Archives and Records Administration. It is
responsible for the periodic publication of laws or acts of Congress,
Presidential documents, regulations which Federal agencies have issued under
authority delegated by Congress, and the U.S. Government Manual (official handbook
of the Federal Government). Laws consist of both public laws, which have
general applicability in the society, and private laws, which normally affect a
particular individual or organization. Each Act of Congress is numbered and
published upon enactment in slip law or pamphlet form; and they are cumulated
for each session of Congress in the U.S. Statutes at Large. Regulations of
Government agencies, Presidential proclamations, and Executive orders having
general applicability and legal effect are published in the Federal Register, which
appears usually five times a week. All regulations currently in force are
published in codified form in the Code of Federal Regulations, which is updated
annually. Presidential speeches, statements, messages, and other materials made
public by the White House are published currently in the Weekly Compilation of
Presidential Documents and annually in the Public Papers of the Presidents. The
U.S. Government Manual provides information on Federal agencies as well as on
quasi-official agencies, on international organizations in which the United
States participates, and on boards, committees, and commissions.
156. What Kinds Of Documents Are Published In The Federal
Register?
Four types of
documents must be published in the Federal Register before they are considered
legally binding: (1) Presidential proclamations and Executive orders of general
interest, and any other document the President submits or orders to be
published; (2) every document issued under proper authority, which prescribes a
penalty or course of conduct, confers a right, privilege, authority, or
immunity, or which imposes an obligation relevant or applicable to the general
public, members of a class of people, or persons of a locality; (3) documents
or classes of documents required by act of Congress to be filed and published;
and (4) other documents deemed by the Director of the Office of the Federal
Register to be of sufficient interest. These materials are reproduced in the
Federal Register under one of the following sections: (1) Presidential
Documents; (2) Rules and Regulations; (3) Proposed Rules; and (4) Notices.
Although the Federal Register is unknown to many citizens, it constitutes a
major means of regulating and governing the United States.
157. What Are The Other Responsibilities Of The National
Archives?
Statutorily
chartered in 1934, the National Archives, headed by the Archivist of the United
States, maintains the historically valuable records of the Federal Government,
including materials dating from the Revolutionary War era to the recent past.
Its staff arranges and preserves Federal records and prepares inventories,
guides, and other finding aids to facilitate their use by Government personnel,
scholars, and the public. Its collections are available for use in research
rooms in all of its facilities, and copies may be purchased. Most of the
historically valuable records in the agency's custody are maintained in
facilities in the Washington, DC, area. Records that are primarily of regional
or local interest, however, are maintained in 11 Regional Archives; and there
are, as well, nine specialized Presidential libraries which are managed by the
National Archives.
158. What Are These Presidential Libraries And Where Are They
Located?
The Presidential
libraries managed by the National Archives began with President Franklin D.
Roosevelt, but the current program was established with the Presidential
Libraries Act of 1955. Under the terms of this law, a former President or heirs
might purchase land, usually near the former President's birthplace or
hometown, erect a library edifice, place his papers and records in it, and
deed the facility to the Federal Government. These libraries and their holdings
are open to both scholars and the public. Presidential libraries have been
established for Herbert Hoover (West Branch, IA), Franklin D. Roosevelt (Hyde
Park, NY), Harry S. Truman (Independence, MO), Dwight D. Eisenhower (Abilene,
KS), John F. Kennedy (Boston, MA), Lyndon B. Johnson (Austin, TX), Gerald R.
Ford (Ann Arbor, MI), Jimmy Carter (Atlanta, GA), and Ronald Reagan (Simi
Valley, CA). A Richard M. Nixon Presidential library has been built (Yorba
Linda, CA), but it is a private facility and has not been deeded to the Federal
Government. The Nixon Presidential records, however, remain in Washington, DC,
due to a special 1974 act of Congress placing them in the custody of the Archivist.
A library also has been planned for George Bush at Texas A&M University in
College Station, TX.
159. Are There Libraries Across The United States That Regularly
Receive Copies Of Federal Government Publications As They Are Produced?
Many years ago,
Congress recognized the desirability of making Government publications
available to the public. The depository library program was created by Congress
in order to promote the American public's awareness of the activities of their
Government. Under this program, which is administered by the Superintendent of
Documents of the Government Printing Office, nearly 1,400 libraries throughout
the country receive Federal Government publications free of charge, and, in
return, pledge to provide free access to all library patrons. Depository
libraries are designated by law, by the Superintendent of Documents, and by
Members of Congress. The Superintendent prepares lists of documents that are
available to the depositories; and they, on the basis of patron interest,
select publications for their collections. A congressional Member's office, a
Federal information center, or a local reference librarian can usually help to
identify the locations of depository libraries.
160. What Is A Federal Information Center?
The Administrator of
the General Services Administration, a Federal agency, was authorized by
Congress in 1978 to establish a network of Federal information centers for the
purpose of providing the public with information about the programs and procedures
of the Federal Government. Residents of more than 70 key cities have direct
access to a center via local telephone service, and toll-free service is
available in a few States. A list of Federal information centers with their
addresses and telephone numbers may be found in the U.S. Government Manual.
161. What Special Information Resources May Be Found At The
Library Of Congress?
Statutorily mandated
in 1800, the Library of Congress is both a library for Congress and for the
Nation. Its vast multimedia holdings, universal in scope, include books,
papers, maps, prints, photographs, motion pictures, and sound recordings. Among
them are the most comprehensive collections of Chinese, Japanese, and Russian
language books outside Asia and the Soviet Commonwealth of Independent States;
volumes relating to science and legal materials outstanding for American and
foreign law; the world's largest collection of published aeronautical
literature; the most extensive collection in the Western Hemisphere of books printed
before 1501 A.D.; and manuscript collections relating to manifold aspects of
American history and civilization, and including the personal papers of the
Presidents from George Washington through Calvin Coolidge. No introduction or
special credentials are required for persons over high school age to use the
general reading rooms; special collections, however, may be used only by those
with a serious purpose for doing so.
162. How May Someone Get Access To Unpublished Federal Records
That Are Still In Agency Files?
Enacted in 1966, the
Freedom of Information Act (FOIA) statutorily established a presumptive right
of the people to know about the activities and operations of the Federal
departments and agencies. The law provides any person, individual or corporate,
regardless of nationality, with access to identifiable, existing agency records
without having to demonstrate a need or even give a reason for such a request.
The burden of proof for withholding material sought by the public is placed
upon the Government. The law specifies nine categories of information,
including certain law enforcement records, confidential business information,
and properly classified national security documents, that may permissibly be
exempted from the rule of disclosure. Disputes over the accessibility of
requested records may be ultimately settled in Federal court.
163. How Is A Request For Records Made Under The Freedom Of
Information Act?
A request for
records under the Freedom of Information Act should be made by letter
indicating as specifically as possible what is being sought. State that you are
using the FOI Act. This letter should be sent to the Federal agency or agencies
thought to possess the desired records. The lower left-hand corner of the
envelope should be marked "FOIA Request." If a special form is needed
to process your request, it will be sent by the agency. An access professional
from the agency may telephone to clarify the request or discuss responsive
materials. You may also appeal if the original request is denied.
164. Must A Fee Be Paid To Make A Freedom Of Information Act
Request?
There is no fee to
make a FOI Act request. Nonetheless, an individual, who is not making a request
for records for commercial, scholarly, or news media use, may be asked to pay
reasonable standard charges only for document search and duplication. The law
states, however, that in the case of an average individual's request, the first
2 hours of search time or the first 100 pages of duplication shall be provided
free of charge. No agency may require advance payment of any fee unless the
requester has previously failed to pay fees in a timely fashion, or the agency
has determined that the fee will exceed $250. The law also has a public
interest standard allowing the waiving of fees in whole or in part.
165. Will The Freedom Of Information Act Allow Access To One's
Own Personal Records On File With A Federal Agency?
The FOI Act provides
any person with presumptive access to topical agency records. Personal access
to one's own records is more effectively pursued under the Privacy Act. It
provides presumptive access for U.S. citizens and permanent resident aliens to
their own personal records on file with most Federal agencies. The law
specifies certain categories of information, such as on-going criminal
investigation records, that may be exempted from its rule of disclosure. In the
event an individual finds such personal records to be erroneous, a supplemental correction may be placed
in the file. Access requests under the Privacy Act are made in the same manner
as FOI Act requests. The request envelope should be marked "Privacy Act
Request."
166. What Kinds Of Documents And Publications Are Produced By
Congress?
Congress produces
various kinds of publications in the course of conducting its work. The daily
Chamber activities and events of the House of Representatives and the Senate
are recorded and published in the Congressional Record. When the committees and
sub-committees of each House of Congress hold hearings on legislation, to
examine some matter, or, in the case of the Senate, to consider a nomination or
treaty, a transcript of these proceedings is made and is later usually
published. Studies and other supplemental materials aiding the hearing process
are sometimes published as so-called committee prints. House and Senate
reports, sequentially numbered, usually result when a committee completes
action on legislation, concludes an investigation, or, in the case of the
Senate, votes on a nomination or treaty. Other auxiliary materials of
importance to each congressional Chamber, such as Presidential messages or
official submissions by congressional officers, may be published as House or
Senate documents, another sequentially numbered series. Finally, proposals
introduced by Representatives and Senators are published as bills and
resolutions.
The Congress
produces many other publications, such as the Congressional Directory, the
primary source of information on the Congress. Other include the Congressional
Pictorial Directory, How Our Laws Are Made, Our Flag, The Capitol, The
Constitution, Rules and Manual of the United States Senate, Jefferson's Manual
and the Rules of the House of Representatives, high school and college debate
books, and other historical documents.
167. Where Are These Congressional Publications Available?
All Members receive
a limited allotment of most congressional publications and documents.
Committees also maintain a limited supply of hearing transcripts, committee
prints, reports, documents, bills and resolutions. The House and Senate each
have a document room which is open to the public where bills, reports, public
laws and certain documents may be where bills, reports, public laws and certain
documents may be obtained free of charge. Some congressional publications and
documents are available for purchase from the Superintendent of Documents of
the Government Printing Office (GPO). Also, the GPO operates 24 regional
bookstores in 16 States and the District of Columbia. Original or microform
copies of the items may also be found, to varying extents, in major public
libraries, Federal depository libraries, and university and law libraries
throughout the United States.
168. How May Someone Obtain Access To Unpublished Records Of
Congress?
The Congress
routinely transfers their non-current unpublished official records, consisting
mostly of committee files, to the Center for Legislative Archives of the
National Archives. Senate records are available there for 20 years after they
are created, although some are opened earlier by action of the committee that
created them. House records become available 30 years after their creation,
with permission from the Clerk of the House. A small group of House and Senate
records involving national security or personal privacy issues remain closed
for 50 years. The National Archives published guides that provide full
descriptions of these valuable collections.
The office files of
individual Senators and Representatives are considered their personal property.
Most Members donate their papers to a historical research institution in their
home state. Guides to the locations of these papers are available form the
House and Senate historical offices.
169. What Is The Correct Form For Letters To Elected Federal
Officials?
Table 2: Correct Form
for Letters
President
The President
The White House
Washington, DC 20500
Dear Mr. President:
Very respectfully,
Vice President
The Vice President
Old Executive Office Bldg.
17th St. & Pennsylvania Ave. NW.
Washington, DC 20501
Dear Mr. Vice President:
Sincerely,
Senator
The Honorable -
U.S. Senate
Washington, DC 20510
Dear Senator -:
Sincerely,
Representative
The Honorable -:
House of Representatives
Washington, DC 20515
Dear Mr. (Mrs. or Ms.) -:
Sincerely,
Table 3: State Population And House Apportionment
[Based on the Official 1990
Census
State 1980 1990
Percent Seats (and)
population ^1 population ^2 change
from apportionment Apportionment
1980 from 1980) difference
Alabama................. 3,890,061 4,062,608
4.25 7
Alaska.................. 400,481 551,947
27.44 1
Arizona................. 2,717,866 3,677,985
26.10 6 (+1)
Arkansas................ 2,285,513 2,362,239
3.25 4
California.............. 23,668,562 29,839,250
20.68 52 (+7)
Colorado................ 2,888,834 3,307,912
12.67 6
Connecticut............. 3,107,576 3,295,669
5.71 6
Delaware................ 595,225 668,696 10.99 1
Florida................. 9,739,992 13,003,362
25.10 23 (+4)
Georgia................. 5,464,265 6,508,419
16.04 11 (+1)
Hawaii.................. 965,000 1,115,274
13.47 2
Idaho................... 943,935 1,011,986
6.72 2
Illinois................ 11,418,461 11,466,682
.42 20 (-2)
Indiana................. 5,490,179 5,564,228
1.33 10
Iowa.................... 2,913,387 2,787,424
-4.52 5 (-1)
Kansas.................. 2,363,208 2,485,600
4.92 4 (-1)
Kentucky................ 3,661,433 3,698,969
1.01 6 (-1)
Louisiana............... 4,203,972 4,238,216
.81 7 (-1)
Maine................... 1,124,660 1,233,223
8.80 2
Maryland................ 4,216,446 4,798,622
12.13 8
Massachusetts........... 5,737,037 6,029,051
4.84 10 (-1)
Michigan................ 9,258,344 9,328,784
.76 16 (-2)
Minnesota............... 4,077,148 4,387,029
7.06 8
Mississippi............. 2,520,638 2,586,443
2.54 5
Missouri................ 4,917,444 5,137,804
4.29 9
Montana................. 786,690 803,655
2.11 1 (-1)
Nebraska................ 1,570,006 1,584,617
.92 3
Nevada.................. 799,184 1,206,152
33.74 2
New Hampshire........... 920,610 1,113,915
17.35 2
New Jersey.............. 7,364,158 7,748,634
4.96 13 (-1)
New Mexico.............. 1,299,968 1,521,779
14.58 3
New York................ 17,557,288 18,044,505
2.70 31 (-3)
North Carolina.......... 5,874,429 6,657,630
11.76 12 (+1)
North Dakota............ 652,695 641,364
-1.77 1
Ohio.................... 10,797,419 10,887,325
.83 19 (-2)
Oklahoma................ 3,025,266 3,157,604
4.19 6
Oregon.................. 2,632,663 2,853,733
7.75 5
Pennsylvania............ 11,866,728 11,924,710
.49 21 (-2)
Rhode Island ........... 947,154 1,005,984
5.85 2
South Carolina.......... 3,119,208 3,505,707
11.02 6
South Dakota............ 690,178 699,999
1.40 1
Tennessee............... 4,590,750 4,896,641
6.25 9
Texas................... 14,228,383 17,059,805
16.60 30 (+3)
Utah.................... 1,461,037 1,727,784
15.44 3
Vermont ................ 511,456 564,964
9.47 1
Virginia................ 5,346,279 6,216,568
14.00 11 (+1)
Washington.............. 4,130,163 4,887,941
15.50 9 (+1)
West Virginia........... 1,949,644 1,801,625
-8.22 3 (-1)
Wisconsin............... 4,705,335 4,906,745
4.10 9
Wyoming................. 470,816 455,975
-3.25 1
Fifty State Total:
225,867,174 249,022,783 9.30
435 (19)
[Footnote
1: The 1980 apportionment population is from: U.S. Dept. of Commerce. Bureau of
the Census. 1980 Population and Number of Representatives by State. Memorandum.
By Vincent P. Barabba. December 31, 1981.]
[Footnote
2: The 1990 apportionment population is from: U.S. House of Representatives.
Apportionment Population and State Representation. 102d Cong., 1st Sess. Doc.
102-18. U.S. Govt. Print. Off., 1991. The percent differences and the
apportionment totals were calculated by Congressional Research Service. The
1990 apportionment population includes foreign-based Federal employees. The
1980 apportionment population does not.]
Table 4: Political Divisions Of The U.S. Senate And House Of
Representatives From 1855 (34th Congress) To 1991-93 (103d Congress)
[(All Figures Reflect Immediate Result of
Elections]
Senate House
Congress Years
Num- Number
ber of Demo- Repub- Other
Vacan- of Demo-
Repub- Other Vacan-
Sena- crats licans parties
cies Repre- crats
licans parties cies
tors sentatives
34th............ 1855-1857 62 42 15 5 ..... 234 83 108 43
.....
35th............ 1857-1859 64 39 20 5 ..... 237 131 92 14
.....
36th............ 1859-1861 66 38 26 2 ..... 237 101 113 23
.....
37th............ 1861-1863 50 11 31 7 1 178 42 106 28 2
38th............ 1863-1865 51 12 39
............. 183 80
103 .............
39th............ 1865-1867 52 10 42
............. 191 46
145 .............
40th............ 1867-1869 53 11 42
............. 193 49
143 ..... 1
41st............ 1869-1871 74 11 61
..... 2 243 73 170 .............
42d............. 1871-1873 74 17 57
............. 243 104
139 .............
43d............. 1873-1875 74 19 54
..... 1 293 88 203 ..... 2
44th............ 1875-1877 76 29 46
..... 1 293 181 107 3
2
45th............ 1877-1879 76 36 39 1 ..... 293 156 137 .............
46th............ 1879-1881 76 43 33
............. 293 150
128 14 1
47th............ 1881-1883 76 37 37 2 ..... 293 130 152 11
.....
48th............ 1883-1885 76 36 40
............. 325 200
119 6 .....
49th............ 1885-1887 76 34 41
..... 1 325 182 140 2 1
50th............ 1887-1889 76 37 39
............. 325 170
151 4 .....
51st............ 1889-1891 84 37 47
............. 330 156
173 1 .....
52d............. 1891-1893 88 39 47 2 ..... 333 231 88 14
.....
53d............. 1893-1895 88 44 38 3 3 356 220 126 10
.....
54th............ 1895-1897 88 39 44 5 ..... 357 104 246 7
.....
55th............ 1897-1899 90 34 46
10 ..... 357 134 206 16 1
56th............ 1899-1901 90 26 53
11 ..... 357 163 185 9
.....
57th............ 1901-1903 90 29 56 3 2 357 153 198 5 1
58th............ 1903-1905 90 32 58
............. 386 178
207 ..... 1
59th............ 1905-1907 90 32 58
............. 386 136
250 .............
60th............ 1907-1909 92 29 61
..... 2 386 164 222 .............
61st............ 1909-1911 92 32 59
..... 1 391 172 219 .............
62d............. 1911-1913 92 42 49
..... 1 391 228 162 1
.....
63d............. 1913-1915 96 51 44 1 ..... 435 290 127 18
.....
64th............ 1915-1917 96 56 39 1 ..... 435 231 193 8 3
65th............ 1917-1919 96 53 42 1 ..... 435
^1 210 216 9
.....
66th............ 1919-1921 96 47 48 1 ..... 435 191 237 7
.....
67th............ 1921-1923 96 37 59
............. 435 132
300 1 2
68th............ 1923-1925 96 43 51 2 ..... 435 207 225 3
.....
69th............ 1925-1927 96 40 54 1 1 435 183 247 5
.....
70th............ 1927-1929 96 47 48 1 ..... 435 195 237 3
.....
71st............ 1929-1931 96 39 56 1 ..... 435 163 267 1 4
72d............. 1931-1933 96 47 48 1 ..... 435
^2 216 218 1
.....
73d............. 1933-1935 96 59 36 1 ..... 435 313 117 5
.....
74th............ 1935-1937 96 69 25 2 ..... 435 322 103 10
.....
75th............ 1937-1939 96 75 17 4 ..... 435 333 89 13
.....
76th............ 1939-1941 96 69 23 4 ..... 435 262 169 4
.....
77th............ 1941-1943 96 66 28 2 ..... 435 267 162 6
.....
78th............ 1943-1945 96 57 38 1 ..... 435 222 209 4
.....
79th............ 1945-1947 96 57 38
1 ..... 435 243
190 2 .....
80th............ 1947-1949 96 45 51
............. 435 188
246 1 .....
81st............ 1949-1951 96 54 42
............. 435 263
171 1 .....
82d............. 1951-1953 96 48 47 1 ..... 435 234 199 2
.....
83d............. 1953-1955 96 46 48 2 ..... 435 213 221 1 .....
84th............ 1955-1957 96 48 47 1 ..... 435 232 203 .............
85th............ 1957-1959 96 49 47
............. 435 234
201 .............
86th............ 1959-1961 98 64 34
............. ^3 436 283
153 .............
87th............ 1961-1963 100 65 35
............. ^4 437 263
174 .............
88th............ 1963-1965 100 68 32
............. 435 258
176 ..... 1
89th............ 1965-1967 100 68 32
............. 435 295
140 .............
90th............ 1967-1969 100 64 36
............. 435 248
187 .............
91st............ 1969-1971 100 57 43
............. 435 243
192 .............
92d............. 1971-1973 100 54 44 2 ..... 435 255 180 .............
93d............. 1973-1975 100 56 42 2 ..... 435 242 192 1
.....
94th............ 1975-1977 100 61 37 2 ..... 435 291 144 1
.....
95th............ 1977-1979 100 61 38 1 ..... 435 292 143 .............
96th............ 1979-1981 100 58 41 1 ..... 435 277 158 .............
97th............ 1981-1983 100 46 53 1 ..... 435 242 192 1
.....
98th............ 1983-1985 100 46 54
............. 435 269
169 .............
99th............ 1985-1987 100 47 53
............. 435 253
182 .............
100th........... 1987-1989 100 55 45
............. 435 258
177 .............
101st........... 1989-1991 100 55 45
............. 435 260
175 .............
102d............ 1991-1993 100 56 44
............. 435 267
167 1 .....
103d............ 1993-1995 100 57 43
............. 435 258
176 1 .....
[Footnote 1: Democrats organized House with help of other parties.] [Footnote 2: Democrats organized House due to Republican deaths.] [Footnote 3: Proclamation declaring Alaska a State issued January 3, 1959.] [Footnote 4: Proclamation declaring Hawaii a State issued August 21, 1959.]