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The Constitution and Congress

This document provides an in-depth exploration of the history and key elements of the United States Constitution as they pertain to Congress. It details the pre-Constitution politics, the evolution from colonial legislatures to national governance, and the challenges faced during the Constitutional Convention of 1787. The document also highlights the features of the bicameral legislature, the powers granted to Congress, and the implications of federalism on state sovereignty. Overall, it serves as a comprehensive roadmap for understanding the genesis and structure of Congressional powers.

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The Constitution and Congress

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  1. The Constitution and Congress 17.251/17.252 Fall 2004

  2. Road map • Pre-constitution • Politics of the constitutional convention • Key features of the Constitution pertaining to Congress

  3. Pre-Constitution • Self-governance came over to American from East Anglia • Colonies had legislatures • SJC • House of Burgesses

  4. The First Congress • Continental Congresses, 1774-1781 • Council of independent state governments • Coordinate state action • Attempted to provide national services • Post Office • Foreign Affairs • Etc.

  5. The Second Congress • Congress of the Confederation, 1781-1789 • Authorized under the Articles of Confederation • Basic structure • Equality of states • Congress was the “united states in Congress assembled” • Weaknesses • Lack of popular moorings • Lack of compulsion on states or individuals • Weak floor rules • Committees given no special standing

  6. Va. plan Ct. comp= Consti. The Politics of the Constitutional Convention • 1787 • General flow of the Convention ≠ mstates Equality of rep.  (NJ plan) mstates = - Nationalism/centralization +

  7. What the Compromise Gave Us • Virginia • Population-weighted representation • Unicameral legislature • National nullification Strong national government • Congress elects Senate & President • N.J. (Status quo) • Equal representation of states • Coalition, not nation • Congress elects President (no Senate) • State sovereigntyShared sovereignty

  8. The people State legislature Senate House of Reps. President Va. Plan The Constitution: The Schematic N.J. Plan

  9. Key Features of the Constitution for Congress • Membership • Powers • Free trade and one foreign policy • Congress and the president sovereign • House and Senate autonomous as institutions • Walk through constitutional features

  10. Walk through Article I

  11. S Q H Formal analysis of bicameralism Bicameralism  greater “power” to more “conservative” body Q S H WS(Q) WH(Q) W(Q) =WH(Q)  WS(Q) Bicameralism  “gridlock WH(Q) WS(Q) W(Q)= empty

  12. Presidential veto: “Tricameralism” P Q S H WS(Q) WH(Q) WP(Q) W(Q) =WH(Q)  WS(Q) If president is on one side of the status quo and both chambers are on the other side, tricameralism induces gridlock

  13. Presidential veto: Tricameralism P Q S H W(Q) =WH(Q)  WS(Q) WP(Q) If the president is within the win set of the two chambers, the president is a “conservative” force

  14. The effect of the “presentation clause” Q P S H If Congress proposes If the president proposes

  15. No bill with ½ requirement Q P S Strategic bill 1 with 2/3 requirement P Q S* S Adding the veto pivot Bill 1 No bill 1 with 2/3 requirement P Q S* S

  16. What difference it makes: Bush Bond Biden Miller

  17. What difference it made: Clinton Feinstein Snowe Hatch

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