Everything you need to know about the Legislative Branch Requirements and Duties

Legislative Branch=Congress House of Representatives: 435 members Bigger states (by population) = more representatives Each Rep. elected for 2 years So, every representative runs for reelection every 2 years Originally, one rep for every 30,000 people in a state, now one rep for about every 400,000. 7 states have only one Representative: Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont and Wyoming. Went to 435 in 1911 DC, Puero rico and other territorties have a delagate who cannot vote--taxation without representation Re-elect me in 2012 and 2014 and.. 2016..and 2018

Congress= House of Reps + Senate House of Reps Requirements 25 years old Live in the state they wish to be elected from Citizen of the US for 7 years

Legislative Branch=Congress Senate: 100 members 2 from each state MA: Senator John Kerry (Democrat) and Scott Brown (Republican) 6 year term So, every two years, 1/3 of the Senate runs for re-election. Originally, one repfor every 30,000 people in a state, now one rep for about every 400,000. 7 states have only one Representative: Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont and Wyoming. Went to 435 in 1911 DC, Puero rico and other territorties have a delagate who cannot vote--taxation without representation Elected 2008 Elected 2010 Elected 2006 Running for reelection in 2012

Senate Requirements Senate: Must be 30 years old Citizen of US for 9 years Be from that state Originally, one repfor every 30,000 people in a state, now one rep for about every 400,000. 7 states have only one Representative: Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont and Wyoming. Went to 435 in 1911 DC, Puero rico and other territorties have a delagate who cannot vote--taxation without representation Senator Kerry- up for reelection in 2014 Senator Brown- Up for reelection in 2012

Issues to ponder Why didn’t the founders make more requirements for such important jobs? Why did they make the age/citizenship requirements higher for the Senate? How would the nation be different if there were more requirements? Points to ponder- Should there be educatioon requirement? Experience in business? Military? Wealth?

The big job is making laws Both House of Representatives and Senate can propose laws A proposed law is called a bill Proposals must be passed in both the Senate and House before going to President

What power does Congress have? What types of laws can Congress suggest? Article I, Section 8 gives the best summary of the powers: To provide for general welfare To borrow money To make rules about Commerce (trade) with foreign Nations, and among the several States, and with the Indian Tribes; To establish a rules for citizenship To make laws on the subject of Bankruptcies throughout the United States; To coin Money

What power does Congress have? What types of laws can Congress suggest? To promote the Progress of Science and useful Arts, by allowing for patents To create Post Offices To create courts other than the Supreme Court To define and punish Piracies and Crimes committed on the high Seas To declare War

What power does Congress have? What types of laws can Congress suggest? To raise and support Armies, but money given for military use can only be used two years at a time To provide and maintain a Navy To call forth the Militia to carry out the Laws of the US, to put down rebellions and r Invasions; To set the rules for whatever District as may become the home of the Government of the United States (Washington D.C.)

Can Congress make laws about issues/ powers not specifically mentioned in the Constitution? Can Congress set rules… about telephone or internet companies? about health insurance? setting up Military Academies such as West Point to train members of the military? requiring a minimum wage? Points to ponder- Should there be educatioon requirement? Experience in business? Military? Wealth?

Answer: Yes (on most) Last Sentence of Article I, Section 8 is called the “necessary and proper clause” Also called “Elastic Clause”---Why? “Congress shall make any laws necessary and proper to carry out the powers described above” What it means, part I: If Congress says a law is needed to help them do their job (like “raise and support armies”), it can propose that law EVEN if that power/item is not listed in Constitution. EX: Military academies help the armies be ready Most important clause in Consittuiton

Answer: Yes (on most) Last Sentence of Article I, Section 8 is called the “necessary and proper clause” Also called “Elastic Clause”---Why? “Congress shall make any laws necessary and proper to carry out the powers described above” What it means, part II: If Congress can say a power/law they are seeking is basically the same as/ modern version of power listed, they can have it EX: Creating rules for internet and phone usages is really about communication…same way that post office was in 1700s. Most important clause in Consittuiton

What are pros and cons of Elastic Clause? Ouch…maybe He has too much power? Like Congress, I have the power to stretch the Constitution to fit new situations. What happens if some people in Congress feel a power is covered by elastic clause and others don’t? Health Care legislation is an example of it--some think it connects to general welfare and commerce, while others say that’s too much a stretch and giving Congress powers they shouldn’t have.

Do Senate and House have exact same jobs? 90% same, but each has a few unique powers Proposals about budget spending must start in the House of Representatives Senators have the power to accept or reject Treaties the President has negotiated Senators accept/reject candidates President chooses to be on Supreme Court, cabinet, or ambassadors.

Do Senate and House have exact same jobs? Impeachment: Accusing an elected official with a “high crimes ( major law break) House gets to decide whether to impeach an official (formally charge him/her with the law breaking) Senate is the jury when someone is impeached If someone is found guilty, they are kicked out of office. Two U.S. Presidents have been impeached: Andrew Johnson (trial) and Bill Clinton (trial). Both were acquitted at trial. Richard Nixon resigned in the face of the near certainty of his impeachment, which had already been approved by the House Judiciary Committee.

Misc. Facts Congress has to meet in formal session at least once a year Congress has to keep a record of the votes on proposals as well as summaries of debates on proposals Congress CANNOT require someone to be put in jail without being told the reason (habeus corpus) Congress CANNOT punish someone do breaking a law if the action happened before the law was passed (ex post facto laws)