Magruder's American Government: 4. The Legislative Branch, Sections 4–6

The Necessary and Proper Clause, the final clause in the lengthy Section 8 of Article I in the Constitution, gives to Congress the expressed power
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

The strict constructionists, led by Thomas Jefferson, continued to argue the Anti-Federalist position from the ratification period.

The liberal constructionists, led by Alexander Hamilton, had led the fight to adopt the Constitution. Now they favored a liberal interpretation of that document, a broad construction of the powers it gives to Congress.

Moreover, the American people have generally agreed with a broader rather than a narrow reading of the Constitution. This consensus, or general agreement, has prevailed even though our political history has been marked, and still is, by controversies over the proper limits of national power.

Thus, for example, as discussed earlier, Congress appropriates—assigns to a particular use—tens of billions of dollars per year to support education.

The House has the sole power to impeach—to accuse, bring charges.

The Senate voted to acquit both men—that is, it found them not guilty.

The first article charged the President with perjury—that is, lying under oath.

Many of them pressed, instead, for a resolution to censure the President—that is, for a formal condemnation of his behavior.

A committee’s subpoena is a legal order directing one to appear before that body and/or to produce certain evidence.

The 25th Amendment provides for the filling of a vacancy in the vice presidency. When one occurs, the President nominates a successor—a replacement, someone to fill the vacancy, subject to a majority vote in both houses of Congress.

The party caucus is a closed meeting of the members of each party in each house.

The two floor leaders in each house are assisted by party whips.

Thus, committee chairmen—those members who head the standing committees in each chamber—hold very strategic posts.

The seniority rule provides that the most important posts in Congress, in both the formal and the party organizations, will be held by those party members with the longest records of service.

Each house then began to set up permanent panels, standing committees, to which all similar bills can be sent.

Most standing committees are divided into subcommittees—divisions of standing committees that do most of the committees’ work.

At times, each house finds a need for a select committee, sometimes called special committees. They are panels set up for some specific purpose and, most often, for a limited time.

A joint committee is one composed of members of both houses.

A bill is a proposed law presented to the House or Senate for consideration.

Joint resolutions are similar to bills, and, when passed, have the force of law.

Concurrent resolutions deal with matters in which the House and Senate must act jointly.

A rider is a provision not likely to pass on its own merit that is attached to an important measure certain to pass. Its sponsors hope that it will “ride” through the legislative process on the strength of the main measure.

Most of the thousands of bills introduced in each session of Congress are pigeonholed. That is, they are buried; they die in committee. They are simply put away, never to be acted upon. The term comes from the old-fashioned rolltop desks with pigeonholes—slots into which papers were put and often soon forgotten.

A discharge petition enables members to force a bill that has remained in committee 30 days (7 in the Rules Committee) onto the floor for consideration.

For example, a quorum, which is a majority of the full membership (218), must be present in order for the House to do business.

Essentially, a filibuster is an attempt to “talk a bill to death.” It is a stalling tactic by which a minority of senators seeks to delay or prevent Senate action on a measure.

Rule XXII provides for cloture—limiting debate.

The President may veto—refuse to sign—the bill.

The fourth option is a variation of the third, called the pocket veto. If Congress adjourns its session within 10 days of submitting a bill to the President, and the President does not act, the measure dies.

Omnibus measures, where one bill contains numerous issues and topics, have also become much more common.

Omnibus measures, where one bill contains numerous issues and topics, have also become much more common.