UNIT 4: THE LEGISLATIVE BRANCH OR “CONGRESS ” 114 th Congress

Basic Facts on the Legislative Branch Is Article 1 in the US Constitution – WHY? Proposes bills/makes laws ONLY branch of government that citizens directly elect – is the MOST REPRESENTATIVE of US citizens Is divided into two houses (“bicameral”) – WHY? “Incumbents” – The current elected official; NOT the challenger in an election “Constituents” – Those who are represented by a political official

POWERS OF CONGRESS: Enumerated/Expressed/Delegated: Powers that are specifically listed in the Constitution, like Article 1, Section 8 Implied: Comes from the “Necessary and Proper Clause”, which is in Article 1, Section 8, Clause 18. It’s a special kind of enumerated power (it’s listed in the Constitution) that makes Congress’ power “elastic” (it’s also called the “Elastic Clause” – “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.” – Examples: Maintaining an Air Force, Creating a National Bank, Judicial Review

CONGRESS CANNOT: RATIFY amendments (only STATES) Suspend habeas corpus (tells you why you are in jail – for a legal reason), unless it’s for the “public’s safety” Pass bills of attainder (which punishes you without a jury trial) Pass ex post facto laws (which makes an action a crime AFTER it’s been committed) Tax exports from STATES Favor one STATE over another Spend money without a law (must publish spendings for the public) Grant titles of nobility

SENATE Mostly has power of advice & consent to the President – WHY? The Vice President is also the President of the Senate (he only gets to break a tie vote) The “real” day-to-day leader of the Senate is the President Pro Tempore HOUSE OF REPRESENTATIVES Mostly has power to represent the people – WHY? The Speaker of the House is the leader of the House of Representatives LEADERSHIP BOTH – “CONGRESS” Members of both houses serve on committees & sub-committees Have majority and minority party leaders and whips (to gain support for partisan bills) Line of Presidential Succession: President, VP, Speaker of the House, President Pro Tempore of Senate, Secretary of State – WHY?

SPEAKER OF THE HOUSE Rep. Paul D. Ryan Elected by the whole of the House of Representatives, the Speaker acts as leader of the House and combines several roles: the institutional role of presiding officer and administrative head of the House, the role of leader of the majority party in the House, and the representative role of an elected member of the House. The Speaker of the House is second in line to succeed the President, after the Vice President.

Two Houses of Congress: From the “Great Compromise” SENATE 100 members (2 per state) From the New Jersey Plan to have equal votes for each state (favored small states) HOUSE OF REPRESENTATIVES 435 members divided (or apportioned) among states based on their population From the Virginia Plan to have representation in the legislative branch based on state population (favored large states) State population is counted every 10 years in a census, and the number of representatives is “re-apportioned” to each state based on the new population count “Redistricting” may also occur with population shifts. The number of citizens in each House district should be fairly equal. When districts are drawn that favor a particular group, especially a political group, it is ILLEGAL and called “Gerrymandering”.

offices/federal- affairs/resources/nc- congressional-districts/ ws/ap/north- carolina/republicans-want- race-out-of-any-new- congressional/nqRGh/

SENATE QUALIFICATIONS Be at least 30 years old Be a US citizen for at least 9 years Live in the STATE you represent HOUSE OF REPRESENTATIVES QUALIFICATIONS Be at least 25years old Be a US citizen for at least 7years Live in the DISTRICT you represent *What accounts for the differences in qualifications? Are there any similarities?

SENATE TERM OF OFFICE 1 term is 6 years Originally elected by state legislatures until passage of 17 th amendment, which allowed direct election by citizens 1/3 of the 100 Senators in Congress are up for election every 2 years (to keep some experienced Senators in office)– Why does this occur? Can serve an unlimited number of terms HOUSE OF REPRESENTATIVES TERM OF OFFICE 1 term is 2 years Has always been directly elected by citizens Can serve an unlimited number of terms *Why do only executive leaders (President, Governor) have term limits?

SENATE Is allowed to attach “riders” to bills (unrelated items) Can “filibuster” and “cloture” Less formal climate HOUSE OF REPRESENTATIVES Appropriations bills (deal with money) MUST begin in the House Has a “House Rules Committee” to prioritize which bills they discuss Process is more formal, structured ROLES IN LAW-MAKING BOTH – “CONGRESS” Work to make a bill a law Bills can begin in either the House of Senate (unless it’s an appropriations bill) Can override a Presidential veto with 2/3 vote of both houses

FILIBUSTER EXAMPLES – (first 2 minutes) (first 2 minutes) – (top 5) (top 5) – (green eggs & ham) – (tax cuts) – (Patriot Act) – (end of a filibuster) – from-becoming-law/ (filibuster success) from-becoming-law/ – ARE FILIBUSTERS USEFUL OR A WASTE OF TIME & MONEY?

SENATE CHECKS & BALANCES Approves/rejects Presidential appointments to office, including judges, & treaties Tries impeachment HOUSE OF REPRESENTATIVES CHECKS & BALANCES Can choose the President if no candidate wins a majority (over 270 votes) in the Electoral College Votes to impeach NON LAW-MAKING ROLES BOTH – “CONGRESS” PROPOSE amendments to US Constitution (Article 5) with 2/3 vote from BOTH houses Vote to declare war

PRIVILEGES OF CONGRESS: Salary: “The most recent pay adjustment for Members of Congress was in January Since then, the compensation for most Senators, Representatives, Delegates, and the Resident Commissioner from Puerto Rico has been $174,000. The only exceptions include the Speaker of the House (salary of $223,500) and the President pro tempore of the Senate and the majority and minority leaders in the House and Senate (salary of $193,400). Article I, Section 6, of the U.S. Constitution authorizes compensation for Members of Congress “ascertained by law, and paid out of the Treasury of the United States.” Adjustments are governed by the Ethics Reform Act of 1989 and the 27th Amendment to the Constitution.” ( ) Free office space, parking, & trips to home state Franking privilege (sending government mail without paying postage) Insurance at a low cost Immunity: Free speech, not charged with minor crimes while Congress is in session Paid staff, interns, pages Library of Congress access (we have access, too) Casework – help constituents Pork-Barrel Projects & use of influence – focusing on projects, funding, and bills that ONLY favor the home state