POLSCI 318 Chapter Notes - Chapter 2: Patient Protection And Affordable Care Act, First Continental Congress, Quorum Call
11 May 2018
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Congress and the President 9.09.16 Reading Notes
Congress and its Members: Chapter 2 Evolution of Modern Congress
Constitution requires a majority of senators (51) for a quorum; quorum call determines if a
quorum is present
The English Heritage
Representative institutions date back to medieval Europe
Monarchs controlled estates of the realm, brought together leaders of these estates to fill the
royal coffers
Assemblies later evolved into parliaments
4 stages of evolution from assemblies of estates into today’s representative legislatures
o 1) Gathering of estates to vote on taxes
o 2) Bodies that presented the kind with petitions for redressing grievances
o 3) Parliaments wrested lawmaking and tax-levying power from the king (culmination of
revolutions in the 17th to 18th centuries)
o 4) Parliamentary representation expanded beyond the older privileged groups to embrace
all adult men and women (19th to 20th centuries)
During the 1600s, the beheading of Charles I in 1949, the dethroning of James II in the Glorious
Revolution established parliamentary influence over the Crown
Works of James Harrington, John Locke, William Blackstone, and Montesquieu
The Colonial Experience
European settlers brought this tradition with them to the New World colonies
Colonial assemblies enjoyed autonomy because they were so far from Great Britain
o Were modeled after the British House of Commons
▪ Levy taxes, issue money, provide for colonial defense
1760s – after the French and Indian War, Great Britain tightened its rein on colonies
o Stamp Act of 1765 – met with opposition and stimulated the drafting of the Declaration of
Rights and Grievances
o 1767 – new import duties levied, increased custom receipts, allowed the Crown to directly
pay royal governors and officials (previously were more accountable to colonial
assemblies)
o 1773-1774 – Boston Tea Party in opposition to Tea Act taxes
▪ House of Commons closed the Boston port and passing the Intolerable Acts
September 5, 1774 – First Continental Congress convened in Philadelphia
o Anti-British sentiment, King George declared colonies were in state of rebellion
May 10, 1775 – Second Continental Congress
o Colonists believed war would still be avoidable, but King George still adamant on crushing
the rebellion
Won the War of Independence, sought to establish a Constitution and Bill of Rights
o Still cautious of executive authority, gave most power to the legislatures
o 1775-1789: no executive head existed (Articles of Confederation)
Powers of Congress (in Constitution)
Separation of powers – executive, legislative, and judicial
Checks and balances was considered innovative
Article I delineates the power of the legislative branch
o Authority to organize the chambers however they see fit
o Raising and spending money – power of the purse
o Levy taxes, but taxes had to be uniform throughout the US
▪ Pollack v. Farmers’ Loan and Trust Co. (1895) – Supreme Court ruled that Congress
could not tax income
find more resources at oneclass.com
find more resources at oneclass.com
▪ 16th Amendment granted Congress the power to tax income
o Power over government spending – money cannot be drawn from the Treasury unless it is
denoted in appropriations law
o Regulate interstate and foreign commerce
▪ Transportation, communications, civil rights, and violent crime
▪ 2012 – battle over whether the Patient Protection and Affordable Care Act
(Obamacare) overstepped the boundaries of interstate/foreign commerce powers –
ruled to be valid exercise of Congressional power to tax
o Coin money, incur debts, establish post offices, build post roads, issue patents and
copyrights, provide for the armed forces, call forth the militia
Legislature is empowered to define the structure and duties of the other two branches
o Designed the executive branch, including the cabinet departments and agencies
o Congress determines the number of Supreme Court justices and the number/types of lower
federal courts
o Congress defines the courts’ jurisdictions through statute
o Can also limit federal court discretion (ex: mandatory minimum sentences)
Civil War constitutional amendments expanded congressional power
o 13th, 14th, and 15th amendments
o Congress had to draft the appropriate legislation to enforce such amendments
Partner in foreign relations and national defense
o Power to declare war, ratify treaties, raise and support armies, provide and maintain a
navy, and make rules governing the military forces
Necessary and proper clause – Congress can make laws that are necessary and proper for
executing these powers
Limits on Legislative Power
Any power not enumerated is prohibited
10th Amendment reserves to the states or the people all powers neither delegated no prohibited
by the Constitution
Eight limitations on congressional power
o Bills of attainder – pronouncing an individual guilty without trial or conviction
o Ex post facto laws – making an action a crime after it has been committed or otherwise
altering the legal consequences of some past action
o And the limits in the Bill of Rights (freedom of speech, so on)
Separate Branches, Shared Powers
Legislative-executive interdependence
President is involved in lawmaking
o State of the union address
o Make recommendations to Congress
o Ability to veto congressional enactments – influenced both the outcome and content of
legislation
▪ Congress can overrule a veto with a 2/3 vote in each house
President take care that the laws be faithfully executed
o President can appoint federal officers, but Senate must have majority vote in favor of the
nomination
Diplomacy and national defense is divided between Congress and the president
o Presidential appointments of envoys and ambassadors must be approved by Senate
Impeachment – remove the president or vice president and other civil officers for breaches of the
public trust
o Exclusively within Congress’s power
o Impeachment is more political than judicial in nature
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Congress and its members: chapter 2 evolution of modern congress. Constitution requires a majority of senators (51) for a quorum; quorum call determines if a quorum is present. Representative institutions date back to medieval europe. Monarchs controlled (cid:498)estates of the realm(cid:499), brought together leaders of these estates to (cid:498)fill the royal coffers(cid:499) During the 1600s, the beheading of charles i in 1949, the dethroning of james ii in the glorious. Works of james harrington, john locke, william blackstone, and montesquieu. European settlers brought this tradition with them to the new world colonies. Colonial assemblies enjoyed autonomy because they were so far from great britain. September 5, 1774 first continental congress convened in philadelphia. May 10, 1775 second continental congress. Article i delineates the power of the legislative branch: colonists believed war would still be avoidable, but king george still adamant on crushing the rebellion. Won the war of independence, sought to establish a constitution and bill of rights.
