Everything You Need to Know About the Legislative Branch Article I The Legislative Branch Everything You Need to Know About the Legislative Branch
Article I- The Legislative Branch REQUIREMENTS The House of Representatives Minimum of 25 years of age U.S. citizen for 7 years Resident of the district they represent The Senate Minimum of 30 years of age U.S. citizen for 9 years Resident of the state they represent
Article I- The Legislative Branch TERMS The House of Representatives 2 year terms (All up at the same time) 435 total members (this # is set by law) Direct elected Representation proportioned by population The Senate 6 year terms (staggered-1/3 of Senate is up for reelection every 2 years) 100 total members (this # is set by Constitution) Equally represented (2 per state) State Leg. elected orig. 17th Amendment- Direct elections
Article I- The Legislative Branch ENUMERATED POWERS- Article 1, Section 8 War Powers -Declare War -To raise and support armies -To provide and maintain a navy -To provide for organizing the militia Financial Powers -To lay and collect taxes, duties to pay debt -To borrow $ -To regulate interstate and foreign commerce -To coin $ -Punish counterfeiting Governmental Powers -To establish rules of naturalization -To establish post offices -To establish and enforce patents -To define and punish piracy and other crimes against the nation- TREASON -Establish courts The Elastic Clause To make all laws which shall be “necessary and proper” WHY IS THIS POWERFUL????
Article I- The Legislative Branch OTHER POWERS Impeachment -HOUSE: Impeaches -SENATE: Holds trial (2/3) Power of the Purse: Congress controls the purse strings Proposition of Constitutional Amendments -Must pass both houses by 2/3 majority POWERS DENIED= CONGRESS MAY NOT.. Ex Post Facto laws Bills of Attainder Suspension of Habeas Corpus
Major Functions of Congress Representation Delegate Theory vs Trustee Theory At Large vs Single District Representation Individually Responsive, not Collectively Responsive Lawmaking a. Pork Barrel b. Logrolling Oversight- Power to investigate Confirmation & Ratification (Senate only)
Legislative Checks On the Legislative Judicial Checks On the Executive * Can propose amendments to overrule judicial decisions * Approves appointments of federal judges * Confirms executive appointments * Can impeach and remove judges * Can override President’s veto (2/3) * Create lower federal courts * Can impeach and remove President * Appropriates money * Ratifies treaties (2/3) Judicial Legislative
Article I- The Legislative Branch Leadership SENATE -Vice President *only power is to break ties -President Pro Temp *figure head position -Majority Leader (MOST POWER)/Minority Leader -Majority/Minority Whips
SENATE LEADERSHIP Only in case of a tie VP Ceremonial POWER Pres. Pro Tempore POWER MAJ. LEADER MIN. LEADER MAJ. WHIP MIN. WHIP OTHER LEADERSHIP POSITIONS HOW DO THEY SELECT LEADERSHIP POSITIONS
Article I- The Legislative Branch Leadership HOUSE -Speaker of the House (MOST POWER) elected to position by majority party -Majority Leader / Minority Leader -Majority/Minority Whips
HOUSE LEADERSHIP POWER SOTH HOW DO THEY SELECT LEADERSHIP POSITIONS MAJ. LEADER MIN. LEADER MAJ. WHIP MIN. WHIP OTHER LEADERSHIP POSITIONS HOW DO THEY SELECT LEADERSHIP POSITIONS
The Legislative Branch & Congress SHOULD CONGRESS LOOK LIKE AMERICA?
Facts About the 115th Congress AVERAGE AGE Senate- 61 years House- 57 years HOUSE MEMBERSHIP Democrats- 193 Republicans- 240 (2 Vacant) SENATE MEMBERSHIP Democrats- 48 Republicans-52 Independents- 2 (Angus King, Bernie Sanders) AVERAGE LENGTH OF SERVICE House- 9.1 years Senate- 10.4years
SENATE HOR
American Demographics
How A Bill Becomes a Law
General Knowledge Founders believed in a SLOW process Founders believed efficiency was a trait of an oppressive government Founders purposely created a system where it was difficult to pass legislation…WHY? It forces COMPROMISES and DIALOGUE
5 SETS OF POLITICAL FORCES POLITICAL PARTIES COMMITTEES CAUCUSES RULES OF LAWMAKING THE PRESIDENT
Step 1 Every Bill starts out as an idea These ideas can come from Congress, private citizens or from the White House Special Interest Groups may also try to influence Congress to write a Bill
Step 2 Every Bill must start out and be introduced by a Congressman – either a Senator or a House Member Every Bill is given a title and number when it is introduced – H.R.1 or S.1
Step 3 After it is introduced, each Bill is then sent to the standing committee that seems most qualified to handle it.
Step 4 Committees receive hundreds of Bills and they decide the life or death of these bills Those that hold merit are sent to a subcommittee to research (public hearings may be held)
Step 5 The subcommittee will report to the standing committee who will decide if the Bill should Pass without changes Have changes and pass it along Replace the Bill with a alternative one Kill the Bill
Step 6 If a Bill is approved by the committee, then it is ready for consideration by the full House or the Senate. When Bills reach the floor, the members argue their pros and cons The Senate (only) can add riders The Senate also allows filibusters which can only be stopped by a 3/5ths vote for cloture
Step 7 When members of Congress are ready to vote they may do so by Voice Vote Standing Vote Roll-call or today’s Computerized Vote A simple majority is all that is needed to pass a Bill. If either house refuses to pass it, it dies The Bill must be passed in identical formats in both houses – conference committees may be needed
Step 8 Presidential Action is the final step Veto: refuse to sign Congress can override the veto with a 2/3rds vote in each house – very unlikely Sign the Bill into Law Do nothing for 10 days In session – the Bill becomes a Law Out of session – the Bill dies – POCKET VETO
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