Difference between enumerated powers and implied powers

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Article I, Section 8, of the Constitution specifies most of the enumerated, or expressed, powers of Congress, including the right to impose taxes, to borrow money, to regulate commerce, and to declare war. Besides its enumerated powers, Congress enjoys the right to "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers..." This is called the elastic, or necessary and proper, clause.

The bulk of national power was invested in the legislature because it represents the voters most directly. The Constitution creates a bicameral legislature. The membership in the House of Representatives is based on population, while in the Senate membership is based on the equality of states.

The functions of Congress include: (1) lawmaking, (2) representation, (3) service to constituents, (4) oversight, (5) public education, and (6) conflict resolution. Representation can be viewed in many ways, but most notably members can be delegates or trustees. Members of the House and the Senate cultivate votes in their constituencies through representation of local interests, providing services, visits and bringing home federal dollars for projects. At the same time, they must participate in lawmaking for the nation as a whole, even if the legislation is not beneficial for them or their constituents. They also participate in committees that allow them to oversee government departments, educate the public, and work to resolve conflicts over policy.

The House of Representatives has 435 members, and the Senate has 100 members. Owing to its larger size, the House has more formal rules. The Senate tradition of unlimited debate (filibustering), dating back to 1790, has been used over the years to frustrate the passage of bills. Under Senate Rule 22, cloture can be used to halt debate on a bill.

Members of Congress are not typical American citizens. They are older and wealthier than most Americans, disproportionately white and male, and more likely to be trained in professional occupations, particularly lawyers.

Members of Congress are well paid and enjoy many benefits not available to most workers. Members of Congress have personal and committee staff members available to them and also receive many legal privileges and immunities.

Most of the actual work of legislating is performed by committees and subcommittees within Congress. Legislation introduced into the House or Senate is assigned to the appropriate standing committees for review. Select committees are created for a limited time for a specific purpose. Joint committees are formed by the concurrent action of both chambers and consist of members from each chamber. Conference committees are special joint committees set up to achieve agreement between the House and the Senate on the exact wording of legislative acts passed by both chambers in different forms. The seniority rule, which is usually followed, specifies that the longest-serving member of the majority party will be the chairperson of a committee.

The foremost power holder in the House of Representatives is the Speaker of the House. Other leaders are the House majority leader, the House minority leader, and the majority and minority whips. Formally, the vice-president is the presiding officer of the Senate, with the most senior member of the majority party serving as the president pro tempore to preside when the vice president is absent. Actual leadership in the Senate rests with the majority leader, the minority leader, and their whips.

A bill becomes law by progressing through both chambers of Congress and their appropriate standing and joint committees to the president. Members are usually most influenced in their voting decisions by their party affiliation, their constituency's interests, their own interests, and cues given by other legislators.

Reply to the discussion questions below and reply to 2 of your classmates :

  1. What is the difference between enumerated powers and implied powers? Give an example of each
  2. What is the difference between reapportionment and redistricting?
  3. What is gerrymandering? In your opinion is this term viewed as positive or negative?

Reference no: EM133943530

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