The Legislative Branch Unit 3 Congress Chapter 10

The National Legislature Section 1

Congress Bicameral – 2 Chambers 1. House of Representatives 2. Senate Representation House Based on population Senate Equal Representation Bicameral – 2 Chambers 1. House of Representatives 2. Senate Representation House Based on population Senate Equal Representation

The House of Representatives Section 2

Bob GoodlatteBob Goodlatte: Republican Virginia’s 6th District

Term and Size Term – Each member of the House is elected to a 2 year term Size – 435 voting members Term – Each member of the House is elected to a 2 year term Size – 435 voting members

Reapportionment Census – Population Count – Every 10 years Reapportionment Act of 1929 – Capped the number of seats at 435

Gerrymandering By law, each congressional district should have similar populations and district boundaries Many states ignored this until the Supreme Court case Wesberry v. Sanders – One persons vote cannot count more than another Gerrymandering is the unfair drawing of district lines – Typically it gives an advantage to one party

Gerrymandering

Gerrymandering

Gerrymandering

Gerrymandering

Gerrymandering

House of Representatives: Qualifications Constitutional Requirements – 25 years old – Be a citizen for 7 years – Live in the state where you were elected Unofficial Requirement – “Electability”

The Senate Section 2

Jim Webb (D-VA)

Mark Warner (D-VA)

Senate: Term & Size Term – Senators are elected to 6 year terms Size – 100 Senators – 2 per state

Senate: Qualifications Constitutional Requirements – 30 years old – Be a citizen for 9 years – Live in the state where you are elected Unofficial Requirements – “Electability”

The Members of Congress Section 4

Personal and Political Background Well educated – Most have college degrees Very few born outside the U.S. Most born in the state they represent Mostly lawyers Mostly protestant – Large variety of religions Average age – House = 57 – Senate = 60 Mostly men – Women gaining Married with families Have political experience Upper class Average age – House = 57 – Senate = 60 Mostly men – Women gaining Married with families Have political experience Upper class

Salary & Benefits $174,000 per year Travel allowances Low insurance rates Excellent medical care Provided with several offices in D.C. and their state – Money to pay staff Franking – Free use of mail Private gym with swimming pool Free parking at capitol and airports Members may not be questioned in court for anything they say in a Congressional debate – Can be sued for what they say in public Private gym with swimming pool Free parking at capitol and airports Members may not be questioned in court for anything they say in a Congressional debate – Can be sued for what they say in public

The Legislative Branch Unit 3 Powers of Congress Chapter 11

Delegated Powers Powers given or implied to Congress in Article I of the Constitution Types of Delegated Powers 1. Expressed Powers – 27 powers written specifically in Article I 2. Implied Powers – Powers not specifically stated in Constitution 3. Inherent Powers – Powers all national governments in the world have

Expressed Powers: Commerce Congress can regulate all interstate and foreign commerce – Trading/Buying/Selling goods and services Gibbons v. Ogden

Expressed Powers: Taxation Congress is the only branch of the federal government that can tax – Can only tax for public purposes Ex. Defense – Can’t tax exports – Taxes must be equally divided among states Congress is the only branch of the federal government that can tax – Can only tax for public purposes Ex. Defense – Can’t tax exports – Taxes must be equally divided among states

Expressed Powers: Borrowing Article I allows Congress to borrow money with no limits Public Debt – All money borrowed by the federal government plus interest – Congress has put a cap on the debt but they can change the cap Article I allows Congress to borrow money with no limits Public Debt – All money borrowed by the federal government plus interest – Congress has put a cap on the debt but they can change the cap

Expressed Powers: Borrowing cont’d Deficit Financing – Our government may spend more money than it takes in – Only 7 years since 1930 have we been out of debt Economic growth under the Clinton administration from is the most recent

Express Powers: Currency & Bankruptcy Currency – Only Congress can coin money and print bank notes Bankruptcy – Congress has the power to make laws regulating bankruptcy Currency – Only Congress can coin money and print bank notes Bankruptcy – Congress has the power to make laws regulating bankruptcy

Express Powers: War Only Congress can declare war Congress can raise, support, and maintain and Army and Navy Congress can make rules for governing the military – Ex. War Powers Act Congress can call the militia (National Guard) into action

Express Powers: Domestic Powers Copyrights – Exclusive right of a person/company to reproduce, publish, and sell creative work Patents – License issued to an inventor granting the exclusive right to use/sell the invention for a limited time Postal Power – Congress sets up Post Offices and routes – Federal crime to mail illegal items or to obstruct the mail

Express Powers: Domestic Powers cont’d Weights & Measures – English and metric are both legal Manage Federal Areas – Washington D.C., federal prisons, national parks, Puerto Rico, Guam, Virgin Islands Eminent Domain – The power of the federal government to take (pay a fair price) private property for public use Naturalization – Process to become a citizen

Implied Powers Section 3

Implied Powers: Necessary and Proper Clause Article I Section 8 – “To make all laws which shall be necessary and proper for carrying into execution…powers vested by this Constitution” Also called the Elastic Clause Ideology (What people believe) – Strict Constructionist Want to follow ONLY expressed powers – Liberal Constructionist Constitution was meant to be interpreted and adapted to create new power when needed

Implied Powers: Examples Civil Rights Act of 1964 – Eliminate race based discrimination in public schools and colleges Title IX (1972) – Forbids gender discrimination in federally funded programs IDEA (1990) – Prevent discrimination and provide equal access to people with disabilities Every use of implied powers must be based on an express power – Implied powers are most often based on commerce

Non-Legislative Powers Section 4

Non-Legislative Powers Propose Constitutional Amendments Electoral Duties – If no presidential candidate receives a majority of electoral votes: House of Representatives elects President Senate elects Vice President

Non-Legislative Powers cont’d Impeachment - To bring formal charges against a public official – The House of Representatives is given sole power of impeachment Requires majority vote – The Senate is given the sole power to try an impeachment – Chief Justice of Supreme Court presides over trial

Non-Legislative Powers cont’d Presidents Andrew Johnson and Bill Clinton only presidents ever impeached Clinton charged with perjury but acquitted by Senate Nixon would have been impeached and convicted Presidents Andrew Johnson and Bill Clinton only presidents ever impeached Clinton charged with perjury but acquitted by Senate Nixon would have been impeached and convicted

The Legislative Branch Unit 3 Congress in Action Chapter 12

Congress Organizes Section 1

Congress Convenes January 3rd of every odd numbered year First order of business is to elect leaders January 3rd of every odd numbered year First order of business is to elect leaders

House Leadership Speaker of the House – Leading officer – Most powerful position in Congress Chooses committee chairmen – Chosen by majority party – 3rd in line for presidency – John Boehner (R-OH) John Boehner (R-OH) Speaker of the House – Leading officer – Most powerful position in Congress Chooses committee chairmen – Chosen by majority party – 3rd in line for presidency – John Boehner (R-OH) John Boehner (R-OH)

Senate Leadership Vice president is “technically” the president of Senate – Only votes when there is a tie President Pro Tempore – Member chosen to preside over Senate in Vice Presidents absence – Daniel Inouye (D-HI) Daniel Inouye (D-HI) Vice president is “technically” the president of Senate – Only votes when there is a tie President Pro Tempore – Member chosen to preside over Senate in Vice Presidents absence – Daniel Inouye (D-HI) Daniel Inouye (D-HI)

Party Officers Majority and Minority Floor Leaders – Party in and out of power elect floor leaders in both houses Majority and Minority Whips – Assistants to the floor leaders in both houses Senate Majority Leader – Most powerful member of the Senate Chooses committee chairmen – Harry Reid (D-NV) Harry Reid (D-NV)

Making Law Sections 3 & 4

Law Vocabulary Bill – Idea for a new law/change to an old law Rider – Unrelated addition to an important bill Piegonholed (Tabled) – Set aside a bill to no longer consider Rules Committee – Establishes rules for debate – Only in the House Filibuster – Effort to prevent a vote on a bill – Only in the Senate Rules Committee – Establishes rules for debate – Only in the House Filibuster – Effort to prevent a vote on a bill – Only in the Senate

Presidential Action 1. Sign bill into law 2. Veto Returned to Congress where veto can be overridden with 2/3 vote of both houses 3. Not sign the bill Becomes law after 10 days 4. Pocket Veto If Congress adjourns within 10 days of passing a bill and president does not sign