The Legislative Branch Article I
Bicameral Legislature –two houses Senate House of Representatives. Section One—What is a Congress?
Section 2 House of Representatives Clause I A Representative serves a 2 year Clause II –Qualifications 25 years old –7 year citizen of the United States –Resident of the state one is elected in
Clause III amount $$ Reapportionment Creating new districts every ten years to adjust for population changes Gerrymandering Redrawing district lines to favor a political party One man – one vote
Reapportionment---How it Works 1.Take a census every ten years 2.Congress totals the number of Reps. each state will get 1.that total must equal Congress will notify the state legislatures of any changes 4.State legislatures will determine new district boundaries
Clause V the impeachment process The House of Reps. will start the impeachment process Andrew Johnson-First U.S. President to be impeached, but fell one vote shy of the Senate’s conviction Richard Nixon-Resigned before official impeachment could take place Bill Clinton-Impeachment articles were passed by the U.S. House of Reps, but the Senate found him NOT guilty of those articles
Section 3 -The Senate Clause I – Senators term is 6 years 1 voter per Senator 2 Senators per state (all states get the same amount) 17 th Amendment Clause II First class = 2 year term Second class = 4 year term Third class = 6 year term
Clause III qualifications for a Senator 30 years old 9 year citizen of the United States Be a resident of the state you are elected from Clause IV The Vice-President of the U.S. is the President of the Senate President of the Senate only votes if there is a tie
Clause V Officers of the Senate President of the Pro Tempore - presides temporarily when vice-president is not available Majority Leader - controls the agenda of the majority party Majority Whip - helps the majority leader Minority Leader - A watchdog function over the majority party Minority Whip - helps the minority leader
Clause VI Trial of Impeachments - the Senate actually serve as the Jury in impeachment proceedings House of Reps. introduces the Articles of Impeachment House needs a majority (218) vote to bring up charges Senate needs 2/3s majority (67) to convict Clause VII - if someone is impeached A guilty conviction on the Articles of Impeachment is removal from office A U.S. President cannot be pardoned if found guilty by 2/3 of the Senate
Section IV - Congress Meets in Washington, D.C Clause I National Election Day was set by Congress 1 st Tuesday after the first Monday of November Clause II Must meet one time a year 20 th Amendment established January 3 rd as the meeting date
Section V —Rules of Procedures Clause I – Removal from office Clause II House of Reps and the Senate have different rules Filibuster—Delaying a bill through the use of discussion Senate has Filibusters Strom Thurmond—longest filibuster, 24 hours 18 minutes Cloture rule— a filibuster if 60 Senators agree to vote for the closing of debate –Censure—punishing a member of Congress, take away some of their power or seniority
Clause III Congressional Journal Congressional Record Sunshine Law
Section VI—Privileges and Restrictions Clause I Compensation—members of Congress will be paid ($150,000 per year) Congressional immunity can’t be arrested for minor crimes when traveling to or from Congress (breach of peace, treason, felony, are not exempt from this immunity) Slander saying something that is not true, they can do this in the House and Senate (done so that speech is not limited or censored) Franking—free mail service
Section 7 - Method of Passing Bills
Clause II How does a bill become a law? All bills must go through committee work before they get to the floor. method— passes one house by majority vote, passes second house by majority vote, goes to president, president signs it into law president vetoes, goes back to house it originated in and must pass by 2/3 vote, then goes to next house and must pass by 2/3 vote to become a law president delays action for ten days excluding Sundays, becomes law Clause I All tax bills start in the House.
Pocket Veto - president delays action for ten days excluding Sundays, within that time Congress adjourns, BILL DOES NOT BECOME A LAW
Section IX—Powers Denied to the Federal Government Clause I Congress stopped the importation of slaves in 1808 Use the word “such persons” as opposed to “slaves” Clause II Habeas corpus - “you have the body” - You have the right to test the legality of your detention - judge is not concerned with guilt or innocence The writ can be suspended in times of rebellion, invasion, or the public safety requires it (Abraham Lincoln during Civil War)
Clause III Congress cannot pass a bill of attainder (legislative act against a named person) Congress makes a law that says Mike Sims is a thief and will serve 25 years in prison - This is Unconstitutional!! Congress cannot pass an ex post facto law (after the fact) Betty Boone sells fireworks on July 4th - On July 10th, Congress passes a law that makes it illegal to sell fireworks and tries to punish Betty for what she did on July 4th Clause VII Congress controls the federal budget
Creating our own Bills Simulate the House and the Senate Speaker of the House - Controls the discussion of the floor Majority Leader - Helps the speaker & leads his party Minority Leader - Serves as a watchdog over the majority party President of the senate Majority Leader - Helps the speaker & leads his party Minority Leader - Serves as a watchdog over the majority party Committees