We have already referred to the membership of Congress and incidentally
mentioned the fact that the Senate must give its approval to treaties
and to certain appointments made by the President. The time has come to
describe more fully the powers of Congress.
POWERS
The Constitution, in about three hundred and fifty words sets out all
the specific powers of Congress; and by the 9th and 10th Amendments
it was made clear that the federal government had only such powers
as were specifically delegated to it by the Constitution, all others
being reserved to the states or to the people. It is therefore rather
marvelous that authority has been found for the vast legislative power
now exercised by these two Houses. The magic lies in Section 8 of
Article I of the Constitution, the last paragraph of which reads:
18. 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.
This “implied powers clause,” as it is generally called, has been
liberally construed by the Supreme court; and by virtue of it the
powers of Congress extend over subjects and into fields undreamed of by
the framers of the Constitution.
ORGANIZATION
The presiding officer of the Senate is the Vice-President of the United
States. In the House, the presiding officer is the Speaker.
As much of the work in both bodies is necessarily done by committees,
their place in the scheme of things is of great importance; and the
manner in which assignments to them are made is a vital matter to the
public as well as to the members of Congress.
An important fact that needs to be grasped at this point is that
the way in which Congress goes about its work is determined to a
considerable degree by the fact that there are two main political
parties, one in control and the other in opposition.
Each party in the Senate and the House has its own caucus from time to
time at which the party program is determined. It is in such a caucus
held before the opening of each Congress that the majority in the
House chooses the Speaker and the minority puts forward a candidate
for the same office, whom it thus formally names as its leader. At the
same caucus provision is made regarding the selection of the standing
committees. The majority also decides in the caucus whether it will
adopt the rules of the preceding Congress or modify them.
The caucus only partly serves the purpose of concentrating power; and
necessarily there must be in practice a leadership vested somewhere in
a smaller number than the whole party membership. Until about twenty
years ago the leadership in the House was in the Speaker; but, at
length, after the matter had even been made a campaign issue in some
instances, it was provided that the rules committee should be enlarged
and elected and the Speaker ousted from membership on it. Later the
Speaker was shorn of all his power over the appointment of committees
and their selection was left to the party caucus.
The Speaker, however, still has enormous powers. He may refuse to put
motions that he thinks are intended merely for purposes of delay; he
may recognize or refuse to recognize any one who wishes to speak or to
call up a measure for consideration; he may rule members out of order
and must decide questions of parliamentary law--subject, of course, to
appeals from the decision of the chair.
In the House the rules committee plays a dominant part. It may bring in
resolutions stating what measures shall be considered, how long they
shall be debated, and when the vote shall be taken.
Contrary to popular opinion, a Congressman cannot get up and make a
speech whenever the spirit moves him. No member can speak without being
accorded the privilege by the Speaker; and in practice members are
recognized only if they have arranged with the Speaker or with their
floor leader in advance for time. Nor can a member bring a pet measure
before the House whenever he wishes. In the latter case he must have
the approval of the rules committee as in the former he must have the
recognition of the Speaker.
An important element in the leadership as well as in the operation
of the House of Representatives embraces the chairmen of the most
important of the committees. Among these the leading one is the
chairman of the ways and means committee. Next to him, probably, stands
the chairman of the appropriations committee.
Memberships on the different committees are assigned through the
party caucus; but there is no such thing as an open selection. Each
party chooses a committee on committees, and the two bodies work in
collaboration. It is the custom to give all the chairmanships to the
majority members who have served longest in the House; and on each
committee the chairman is that majority member who has served longest
on that committee. The majority party and the minority are both given
memberships on each committee according to a proportion established.
And each party sees to it that members who have been in service the
longest get the most important committee assignments. So it will be
seen that the Speaker and a small group of experienced members largely
dominate the proceedings of the committees and of the House.
In the Senate leadership is more likely to be found in a few men
of long service and outstanding character, added to the prestige of
important committee appointments. The caucus exists as in the House.
So do floor leaders and steering committees. But the individual
Senator has more weight in the party councils and more independence of
action on the floor than the members of the House. Two of the leading
committees in the Senate are those of finance and foreign relations,
respectively.
A word or two more needs to be said about the work of committees in
Congress. Their number varies from time to time but at present there
are about thirty in the Senate and about twice that number in the
House. Their functions can be gathered from their names. In addition
to those already mentioned, the following in the Senate are important:
Appropriations, banking, commerce, education and labor, immigration,
interstate commerce, the judiciary, military affairs, naval affairs,
privileges and elections, and civil service. In the House the following
may be noted: Banking and currency, interstate and foreign commerce,
agriculture, labor, immigration and naturalization, elections, and
pensions.
Each committee has a well furnished office and perquisites not to be
despised, such as clerk hire and stationery.
As we come shortly to a more specific consideration of the process by
which laws are made, it is important to bear in mind that only bills
favorably reported from committees have much chance of being acted
upon, and that much of the real legislative work is actually done in
committee rooms behind closed doors.
Every bill, no matter what its nature, when it is first introduced is
referred to the committee having jurisdiction over the subject matter
to which it relates. Thousands of bills thus sent to committees are not
considered at all.
However, a committee need not limit its work to the consideration
of proposed measures submitted to it for consideration. It may, and
frequently does, prepare bills of its own relating to the matters
placed under its authority. In many instances committees hold extensive
hearings on proposed measures, summoning department heads and other
witnesses.
The committee’s action with reference to any particular measure may be
to amend it, to recommend its adoption, to report adversely on it, to
delay a report indefinitely, or to ignore it altogether.
In the House, a bill may be brought out of a committee, in spite of
the inaction of the committee, and laid before the House whenever one
hundred and fifty members sign a petition demanding such action.
The more important committees have so much work now that they are
compelled to apportion a great deal of it among sub-committees. They
report, of course, to the main committee.
Special committees are also appointed from time to time to deal with
questions out of the ordinary. Investigating committees, in particular,
have been rather common of late.
Another kind of committee, the existence of which the reader must
understand, is the conference committee. It is called into being
whenever the House and the Senate fail to agree upon a given measure.
Each then appoints a delegation to work out a compromise.
Another institution that needs to be mentioned is the committee of
the whole. This is merely the entire membership of the House sitting
as a great committee, with this difference as compared with a regular
session--the Speaker does not preside, the strict rules of procedure
do not apply, one hundred members make a quorum and there are no roll
calls. In short it is an arrangement enabling the House to deliberate
informally, and large use is made of this procedure.
When the House is in session, a member desiring to be heard rises in
his place and addresses the presiding officer as “Mr. Speaker.” The
Speaker, if he decides to recognize the member, asks: “For what purpose
does the gentleman rise?” Congressmen are not addressed by name on the
floor of the House. The custom is to say, “The gentleman from New York”
or “The gentleman from Missouri.”
The Speaker loses none of his rights or privileges, as a member, when
he becomes Speaker. He has a vote, like any other member; and he may
take the floor if he desires to do so.
THE PROCESS OF LAW-MAKING
The procedure by which a bill or draft of a proposed law is introduced
is simple. The Congressman merely writes his name on it and drops it
into a box at the clerk’s desk. During the opening days of a session
thousands of bills are thus introduced. All of the bills are sorted
out, given serial numbers, and referred to the regular committees. If
there is any doubt to which committee a certain bill should go, the
Speaker decides. The bill is put into printed form meanwhile at public
expense.
The possible action of the committee to which the bill is referred
has already been described. If we assume that after a hearing and
due consideration, the committee reports favorably on a bill, what
happens next is that the bill is placed on the calendar. There are in
fact three calendars containing favorably reported measures of three
different categories; and matters on a calendar are not necessarily
taken up in their order, for a bill may be advanced by a proper vote.
Every bill must have three readings in the House. The first is by title
only; the second is a reading of the whole measure; and the third is by
title only unless some member requests that it be read in full.
There are four methods of voting in the House. The common plan is by
_viva voce_ vote. If any member doubts the result he may call for a
rising vote. Or the vote may be taken by tellers, appointed by the
Speaker. And finally, under the Constitution, if one-fifth of the
members ask for it, the ayes and nays shall be recorded.
After a measure has gone through this whole process of introduction,
action by a committee, report from the committee, readings and votes,
it goes to the Senate; and there a similar course of procedure is
followed.
A measure having passed the House is certified by the clerk and sent
to the Senate chamber. Then the Senate may pass it without change, may
defeat it, or may let it die in committee. Or instead of doing any of
these things, the Senate may make amendments, in which case the bill
must go back to the House for a vote on the amendments. If they are
accepted, the matter is settled; but if there is a disagreement, the
usual plan, as already mentioned, is to have a conference committee
appointed to straighten out the differences between the two Houses. If
no agreement is reached, of course, the measure fails. For nothing can
become a law unless both Houses have concurred in every word of it.
We have been speaking of a bill introduced in the House. But, of
course, a bill may originate in the Senate, although the Constitution
contains the specific provision that “All bills for raising revenue
shall originate in the House of Representatives.”
When a bill has passed its various stages in both the House and Senate,
it is signed by the presiding officers of the two chambers and then
transmitted to the President for his approval or veto. If the President
signs it or permits it to become a law without his signature, it goes
to the state department and in due course is published in a book
containing the federal statutes, and finds a place in the United
States Code.
Little has been said above regarding the oratory which many people
imagine plays a large part in Congressional action. As a matter of
fact its importance is greatly exaggerated; and most of it is far more
closely related to politics than it is to legislation.
When a bill is reached on one of the House calendars or is called
up out of turn, the chairman of the committee which has reported it
usually opens the debate, though some other member of the committee may
be given that task. If the report has not been unanimous, some member
of the committee representing the minority point of view then follows
with a speech in opposition. Other members of the House are recognized
after the members of the committee have been heard. No member may
address the House for more than one hour without unanimous consent; and
if there is any likelihood of a long debate, the House usually, at the
beginning of the discussion, fixes a time at which the vote will be
taken. The previous question may also be moved at any time as a means
of bringing a debate to a close.
When the House is in committee of the whole, speeches are limited to
five minutes each.
In the Senate debate is not limited as it is in the House; and
ordinarily a Senator may speak as long as he wishes whether he has
anything to say or not. Since 1917, however, it has been possible
for the Senate, by a two-thirds vote, to bring any debate to an end
within a reasonable time. Still there is no other legislative body in
the world that gives its members the same unrestricted chance to talk
that the Senate of the United States does. It is a matter of common
knowledge that the privilege is frequently abused, especially towards
the close of a session, when, by what is known as a “filibuster,” a
measure may be talked to death.
Perhaps it should be added that the mere fact that a Congressman’s
speech appears in the Congressional Record is no sign that it has
actually been delivered, for a member may obtain “leave to print.” It
is not the practice of the Senate to grant “leave to print”; but in the
House it is a very common practice.
The Senate, of course, in addition to its legislative functions, as
already mentioned, participates in the making of treaties and in the
appointment of federal judges and other officials.
The negotiations for a treaty with a foreign country are conducted
by the department of state. After the formal document has been
prepared and signed by the diplomatic representatives of the countries
concerned, it is presented to the Senate. Here it is referred to the
committee on foreign relations, which may hold hearings on it if such a
course seems desirable. The committee recommends either that the treaty
be approved or that it be rejected; and the matter is then before
the Senate for action. If the Senate gives its approval, the treaty
goes into effect. If the Senate refuses its approval, the efforts of
the state department and all the proceedings between the countries
involved, with reference to the matter, come to naught.
So far as the appointive power is concerned when the President has
occasion to fill any office he sends a nomination to the Senate.
There it is referred to the appropriate committee. If the nomination
be that of a federal judge, for instance, it goes to the judiciary
committee. The committees to whom the nominations are referred, make
investigations as to the qualifications of the persons nominated
and hear objections. In due time they make reports favorable or
unfavorable, which are followed by the action of the whole Senate,
either affirming or rejecting the President’s nominees.
While the sketch here given of the way in which Congress works, is
necessarily brief, it should suffice to give a fair conception of how
the two Houses function both separately and as the Congress of the
United States.