The Legislative Branch Unit Five

A Congressional History The Articles of Confederation had set up a unicameral legislature, meaning Congress only had one house. James Madison’s Virginia Plan recommended a bicameral legislature, containing two houses, based on each state’s population. William Paterson’s New Jersey Plan recommended a unicameral legislature with each state receiving one vote

The Connecticut Compromise Presented by Roger Sherman The House of Representatives would be based on each state’s population. The Senate would have two people from each state selected by the state legislatures. This system remained in place until the 17th Amendment was passed in 1913 allowing citizens to also elect their Senators.

The Powers of Congress From Article I, section 8 of the Constitution

There’s a list of 27 items! Assess and collect taxes Provide for the common defense Provide for the general welfare Borrow money on the credit of the US Regulate business with foreign countries Regulate interstate commerce Regulate commerce with Indian tribes Establish naturalization rules Establish bankruptcy laws

Coin and regulate the value of money Regulate the value of foreign money in the US Fix the standard of weights and measures Punish counterfeits Establish post offices Promote the progress of science and useful arts Establish patents and copyrights

Establish federal court system Punish piracy on the high seas Punish the offenses against the laws of nations Declare war Raise and support an army Provide and maintain a navy Regulate the land and naval forces

Call the militia (the National Guard) to suppress insurrections and repel invasions Organize and arm the militia Govern the District of Columbia Build forts, docks, and other buildings on government property These are the enumerated powers of Congress.

Other Powers of Congress Admit new states to the US Propose Amendments to the Constitution Collect federal income tax Ensure civil rights Determine whether a president is mentally or emotionally disabled and thus unable to continue in office

Implied Congressional Powers The Constitution gives Congress the right to make all laws “necessary and proper” to carry out its enumerated powers. This is the elastic clause because it stretches the authority of Congress. Elastic Clause powers Establish a national banking system Regulates the railroads and airlines Interstate commerce regulations

What can’t Congress do? Arrest and keep people in jail without a reason Punish someone for a crime without a jury trial Punish someone for something they did that was legal at the time Put a tax on an individual Tax products made in one state and sold in another Spend money without first having a budget Grant titles of nobility

Exclusive Powers Only the house can Only the senate can Impeach federal officials Elect a president if no candidate wins the majority of the electoral votes Convict and remove federal officials Elect a vice-president if no candidate wins the majority of the electoral votes Approve ambassadors Approve federal judges Approve members of the President’s Cabinet

The Structure of Congress Membership Senate Two senators from each state 100 members total

The Structure of Congress House of Representatives One representative from each Congressional District 435 members total (per the Reapportionment Act of 1929) The government takes the national census every ten years to adjust Congressional Districts based on present populations All the states have at least one representative (Ohio has 16) Washington, DC, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands each have one representative

Congressional Leadership—The House Supervised by the Speaker of the House (an elected member of the majority party) (Paul Ryan) In line for the presidency behind the Vice President There’s also a majority and a minority floor leader, each elected through a caucus, who try to swing votes a certain way; assisted by whips

Congressional Leadership—The Senate Supervised by the President of the Senate (the Vice President) The President Pro Tempore is elected to deal with the daily Senate business (Orrin Hatch) Also elect a majority and minority leader to represent their political parties; assisted by whips

House of Representatives Elections House of Representatives Senate Minimum Age 25 years old 30 years old US Citizenship At least 7 years At least 9 years Residence Within the state; but usually within the congressional district Within the state Elected Term 2 years 6 years Each house of Congress has certain requirements for those that want to be elected.

When do they meet? Meet in Sessions (one session is held each year); begin in January and continue until adjournment in the fall The 20th Amendment requires Congress to meet at noon on the third day of January to organize the upcoming biennium (two-year period); each biennium is a “Congress” The first “Congress” was held from 1789 – 1790 We’re going into the 115th Congress (2017-2018)