Chapter Vi How Congress Works

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.