CONGRESSIONAL ORIGINS AND HISTORY

1. CONGRESSIONAL ORIGINS AND HISTORY

2. Pre-Constitutional Predecessors • British Parliament • State legislatures • Continental Congress • --power inadequacies • --procedural inadequacies

3. VOTING CYCLE example • Three proposals: New York, Annapolis, Charleston • NORTH NYC Annapolis Charleston • MIDDLE Annap. Charleston NYC • SOUTH Charleston NYC Annapolis NYC v. Annapolis --- NYC wins NYC v. Charleston --- Charleston wins Annap. V. Charleston --- Annapolis wins

4. THREE VOTING CYCLE LESSONS • Any alternative can be defeated by a majority • Depending on which pair is voted on first, a different city wins • If there is no set procedure for narrowing and pairing alternatives, voting can go on indefinitely with no conclusive decision

5. POWERS OF CONGRESS • Enumerated powers: many were specific responses to Confederation Congress’ problems: • Elastic clause #1: “necessary and proper” McCullough vs. Maryland (1819) • Elastic clause #2: “commerce among the several states” • --19th Century definition: fairly literal • --Post-New Deal definition: broad, basis for Civil Rights Act of 1964 and many other laws---BUT does US v. Lopez (1995) signify a new trend?

6. LIMITATIONS ON CONGRESSIONAL POWER • In the original text of Constitution: no ex post facto laws, bills of attainder • In the Bill of RightsRecent examples of Federal laws struck down as unconstitutional: original Federal Election Campaign Act (1976), anti-flag burning law (1990), Line-Item Veto Law (1998), Religious Freedom Restoration Act (1997)

7. STRUCTURAL DECISIONS MADE BY FOUNDERS • 1.) Bicameralism—Connecticut compromise, other reasonsDoes small state bias in Senate make a difference today? • --funding formulas--issues of interest to farmers and country people (guns, grazing rights)--do small states have a leadership advantage? • Each chamber makes its own rules of procedure, elects its own leaders

8. STRUCTURAL DECISIONS cont’d • 2.) Complete separation from executive • --separate elections, separate fixed term lengths--no simultaneous service (prevents a parliamentary-style system) • --limited executive use of prosecutorial power against Congress (immunity) • 3.) Yet shared and overlapping powers w/executive • ---judicial selection • ---confirmation of executive appointments • ---creating and funding executive branch agencies • ---foreign policy/defense; Congress declares war and “raises and supports armies”, but President is commander-in-chief

9. THE EARLY YEARS, 1790s-1820s • The first Congresses: high turnover, no professionalization, ad hoc committees, executive leadership • 1806: Senate eliminates previous question motion: creates filibuster • EMERGENCE OF PARTIES • John Aldrich, Why Parties? • 1.) Stable coalitions eliminate voting cycles, improves legislative productivity (stable coalitions achieved thru logrolling and papering over differences) • 2.) Brand name motivates voters and simplifies voting • 3.) Economies of scale achieved for campaigns • 4.) Presidential leadership made easier • 5.) Regulation and reduction of destructive ambition