Chapter 5 The Legislative Branch American Civics 9/12/2018 Chapter 5 The Legislative Branch Section 1: The Senate and the House of Representatives Section 2: How Congress Is Organized Section 3: The Powers of Congress Section 4: How a Bill Becomes a Law Chapter 5

Section 1: The Senate and the House of Representatives The Main Idea Congress is divided into two houses, the Senate and the House of Representatives, and its members have certain qualifications. Purpose What are the two houses of Congress? What are the qualifications, salaries, and rules of conduct for members of Congress?

Two Houses of Congress Congress is the lawmaking body of the federal government bicameral legislature a lawmaking body of two houses Senate House of Representatives The framers of the U.S. Constitution wanted to make sure that both small and large states would be fairly represented

The House of Representatives # based on the state’s population Each state is entitled to at least one representative Washington, D.C., Guam, American Samoa, Puerto Rico and the Virgin Islands each have one nonvoting delegate in the House

House of Representatives Cont. Limited to 435 members Census determines apportionment Elected by congressional district voters Districts decided by states Equal populations Gerrymandering– Drawing district lines that favor a particular political party, politician, or group of people.

The House of Representatives Cont. Elections for member held in November of each even-numbered year. two-year terms If a representative dies or resigns before the end of a term, the governor of the representative’s home state is required to call a special election to fill the vacancy.

The Senate each state is represented by two senators = 100 senators Six-year terms Elections are held in November of each even-numbered year. Only one-third of the Senate’s membership comes up for election every two years Organizing elections in this way ensures that at least two-thirds of the senators have prior experience

The Senate cont…. If a senator dies or resigns before the end of a term Must be replaced Most states allow the governor to appoint a person to fill the vacancy No term limits exist

Members and terms lengths in the House and the Senate: Section 1: The Senate and the House of Representatives Members and terms lengths in the House and the Senate: The House of Representatives has 435 members, who serve two-year terms. The Senate has 100 members, two for each state, who serve six-year terms.

Qualifications and salaries in the House and Senate: Section 1: The Senate and the House of Representatives Qualifications and salaries in the House and Senate: Representatives: must be at least 25 years old, a U.S. citizen for at least seven years, and a legal resident of the state they represent Senators: must be at least 30 years old, a U.S. citizen for at least nine years, and a legal resident of the state they represent The yearly salary is $165,200.

Section 1: The Senate and the House of Representatives Benefits Offices in the Capitol Building Allowance to pay staff members Free trips to their home states Allowance for local district offices & stationary Franking privilege– the right to mail official letters or packages free of charge Immunity or legal protection

Homework Read Chapter 5, Section 2 (pg. 140-142) and answer questions 1-4 on a separate sheet of paper. Its in Unit 2 of the book online. Due at the beginning of class on Friday 11/17

Section 2: How Congress Is Organized The Main Idea Congress is organized in a way that allows its members to consider and pass legislation without each member having to do everything. Reading Focus What are the terms and sessions of Congress? How is Congress organized?

Terms and Sessions Section 2: How Congress Is Organized American Civics 9/12/2018 Section 2: How Congress Is Organized Terms and Sessions Congress must meet at least once a year 2 Sessions– One for each year of a term 20th Amendment- Jan. 3 at noon on odd numbered years Adjourns when both houses finish their legislative work Pres. may call special sessions Occasionally meet in joint sessions Chapter 5

Congressional Sessions Section 2: How Congress Is Organized Congressional Sessions Sessions begin in January each year, and a date to adjourn is agreed upon. Sessions usually adjourn in August or September. The president may call a special session when necessary.

Organization of Congress Section 2: How Congress Is Organized Organization of Congress The Constitution has only three rules about how Congress should be organized it directs the House of Representatives to select a presiding officer it names the vice president of the United States as president of the Senate it calls for the selection of a senator to preside in the vice president’s absence

Organization of Congress Section 2: How Congress Is Organized Organization of Congress Caucuses private party meetings members of each house choose their own leaders The political party that has the most members in each house is known as the majority party The political party that has fewer members is called the minority party

Congressional Leaders Section 2: How Congress Is Organized Congressional Leaders Speaker of the House—elected from the majority party Floor leaders— elected in party caucuses to guide proposed laws through Congress Party whips—persuade members to vote for legislation Vice president —according to the Constitution presides over the Senate but only votes to break a tie President pro tempore—fills in for the vice president when necessary

Congressional Committees American Civics 9/12/2018 Section 2: How Congress Is Organized Congressional Committees Study all bills before they are presented to Congress Members are nominated to committee assignments. Senators serve on at least two standing committees. Representatives serve on only two standing committees. Standing committee membership is proportionate to party majority in each house. Heads of Committee are now chosen by secret vote. Chapter 5

The Constitution both defines and limits the powers of Congress. Section 3: The Powers of Congress The Main Idea The Constitution both defines and limits the powers of Congress. Reading Focus What types of powers are granted to Congress? What are some of the limits on the powers of Congress?

Section 3: The Powers of Congress Congressional Powers Delegated- Expressly granted powers Implied- Powers not specifically granted to Congress by the Constitution, but which are suggested to be necessary to carry out its delegated powers.

Five major areas in which Congress makes laws: Section 3: The Powers of Congress Five major areas in which Congress makes laws: Financing government Regulating and encouraging American trade and industry Defending the country Enforcing laws Providing for growth

Financing Government Why? To pay for government programs and defense raise and collect taxes borrow money print and coin money

Regulating and Encouraging American Trade and Industry Regulates trade with foreign countries Regulates trade among the states Passing laws that protect the rights of inventors

Defending the Country Creating Lower Courts power to declare war maintain armed forces set up a system of national courts Creating Lower Courts

Providing for Growth Pass laws to regulate immigration and naturalization the power to govern the country’s territories provide for the admission of new states

Implied Powers--The Elastic Clause Section 3: The Powers of Congress Implied Powers--The Elastic Clause “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers” allows Congress to stretch its delegated powers to manage new situations

Impeachment Power Congress has the power to accuse an office holder of misconduct House of Representatives-Charges an accused official Senate- becomes the court Vice president usually acts as the judge or the chief justice in cases of the president Two-thirds of the Senate must find the official guilty before he or she can be dismissed from office.

The special powers of Congress: Section 3: The Powers of Congress The special powers of Congress: House—begins impeachment proceedings, initiates bills to raise money, and selects president when no candidate receives sufficient electoral votes Senate—holds impeachment trials, selects vice president when no candidate has sufficient electoral votes, approves treaties, approves high officials

Congress is forbidden to: Section 3: The Powers of Congress Congress is forbidden to: Pass ex post facto laws, pass bills of attainder, suspend writ of habeas corpus, tax exports, pass laws violating the Bill of Rights, favor trade of any state, grant titles of nobility, or withdraw money without a law

The Main Idea Reading Focus Section 4: How a Bill Becomes a Law The Main Idea To become a law, a bill goes through a multistage process involving both houses of Congress. Reading Focus How does a bill begin? How do the House and the Senate consider a bill? In what ways can the president act on the bill?

Ideas for bills originate from: Section 4: How a Bill Becomes a Law Ideas for bills originate from: U.S. citizens—constituents making requests of their congress members Organized groups—businesspeople and labor groups seeking to protect their interests Committees of Congress—investigating committees determine needs for new laws Members of Congress—experts in certain fields propose new laws The president—often introduces ideas for laws in the State of the Union Address

Bills introduced in either house of Congress Section 4: How a Bill Becomes a Law Bills introduced in either house of Congress Are read and placed in the Congressional Record. Are sent to a standing committee to be studied. Receive hearings by the committees and are amended. The committee majority can recommend that a bill be passed. Bills reported out of committee are placed on the calendar for debate. The bill is voted on and sent to the other house of Congress for consideration. Approved bills are sent to the president.

Actions of the president regarding a bill: Section 4: How a Bill Becomes a Law Actions of the president regarding a bill: sign the bill and declare it a law veto the bill and send it back to Congress hold the bill for 10 days, when it becomes a law or is killed by pocket veto