The Legislative Branch

Organization of Congress Congress is bicameral – two houses!!

House of Representatives Size Based on population, States must have at least 1, fixed at 435 members Elections Elected by districts within States Term 2 year terms, whole House is elected every 2 years Qualifications 25 years old, citizen for 7 years, inhabit the state they are elected in

Senate Size: 2 Senators per State = 100 Senators total Elections: Elected at-large, by the entire state they are from Term: 6 year terms, with staggered elections every 2 years Qualifications: 30 years old, citizen for 9 years, inhabit the state they are elected in

Presiding Officers House Senate Speaker of the House = most influential member – John Boehner (R) Ohio Preside over sessions Keep order Allowed to debate and vote on any matter If he/she chooses to vote, a Speaker pro tempore must be appointed Rarely votes, but is required to in a tie Senate Per the Constitution, Vice President = President of Senate -Joe Biden (D) Recognizes members Puts ?’s to vote CANNOT VOTE except to break a tie In the V.P’s absence, a president pro tempore, elected by Senate and a member of majority party, presides

Other Important Members Floor Leaders Both House and Senate = majority and minority floor leader chosen by party colleagues Their assistants = whips The Party Caucus Closed meetings of each party in each house Party organization Selection of floor leaders Committee membership

How our Representatives Represent How should an elected official represent his/her constituents? Trustee--representatives use their own best judgment Delegate--representatives vote the way their constituents want them to Partisan – representatives vote with their party leadership Politico--representatives try to balance roles of trustee delegate, and partisans depending on the issue

Representation… In general... The House of Representatives is seen as closer to the people due to smaller number of constituents and frequent elections The Senate is seen as more prestigious and more focused on the problems of the nation as a whole

Apportionment and Redistricting The Constitution requires census which determines the representation in the House of Representatives. Reapportionment = re assignment of seats in the house based on population shifts reflected in the census. Redistricting (the redrawing of congressional districts to reflect changes in seats allocated to the states from population shifts). Gerrymandering – an illegal form of redistricting that tends to be politically motivated.

Gerrymandering

Expressed Powers of Congress

What are the powers of Congress?

Congressional Power Expressed Powers Found in Article I of the Constitution Power to Tax How does this look in society?? Borrowing Power Commerce Power Currency Power War Powers Postal Power Copyrights Weights and Measures

Implied Powers Necessary and Proper Clause “The Congress shall have Power - 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”

Power to Tax Article 1, Section 8, Clause I of the Constitution = power to tax to meet public needs, protect domestic industry, protect public health and safety 4 limitations Only for public good, not private gain May not tax exports Direct taxes must be divided among the States according to population Indirect taxes must be levied at the same rate in all parts of the country

Tax Definitions! Thanks dictionary.com ! Direct Tax = A tax paid by the individual or organization on which it is levied. For example, the personal income tax is levied on individuals, who end up bearing the entire burden of the tax. A direct tax cannot be shifted from the entity on which it is levied Indirect Tax = A tax, such as a sales tax or value-added tax, that is levied on goods or services rather than individuals and is ultimately paid by consumers in the form of higher prices. A tax that increases the price of a good so that consumers are actually paying the tax by paying more for the products. Fuel, liquor, and cigarette taxes are just a few examples of this. Thanks dictionary.com !

Powers Cont. Currency Power Congress has the power to issue money and regulate its value 1871 - paper money was a legal tender Bankruptcy Power to establish uniform bankruptcy laws

Powers Cont. The Power to Borrow Congress may borrow to finance its business The Federal Government spends more than it collects The Commerce Power Congress may regulate interstate and foreign trade

More Powers Judicial Powers Weights and Measures Congress has the power to fix the standards of weights and measures in the country Power over Territories and Other Areas Congress has the power to acquire, manage, and dispose of federal areas Judicial Powers Congress has the authority to create federal courts below the supreme court

Guess the most important power of the legislative branch! Legislation….duh :) Creating and approving laws!

Lawmaking Overview: You Do NOT have to write this down! Only a member of the House or Senate may introduce a bill but anyone can write a bill. Over 9,000 bills are proposed and fewer than 5 to 10% are enacted. Most bills originate in the executive branch. A bill must survive three stages to become a law: committees, the floor, and the conference committee. A bill can die at any stage.

Bills - Proposed laws presented to Congress

I’m Just Bill… Schoolhouse Rock!

Copy this next chart down in your notebook… Just Kidding :)

Special Senate Rules for Debate Floor debate is almost unlimited The Filibuster Tactic used by a minority to “talk a bill to death” on the Senate floor The Cloture Rule The Senate’s check on the filibuster and limits debate Requires petition signed by at least 16 senators and approval by at least 3/5ths of the full Senate

Makeup and Characteristics of Congress Congress is older, better educated, whiter, and richer than most of us. Minorities and Women in the 109th Congress 42 African Americans in the House/1 in the Senate (all Democrats) 24 Hispanics in the House/2 in the Senate (20 Democrats/6 Republicans) 4 Asian-Americans in the House/2 in the Senate (5 Democrats/1 Republican) 1 American Indian in the Senate (Republican) 68 women in the House/15 in the Senate (54 Democrats/28 Republicans)