TEST #3 LEGISLATIVE BRANCH

CONGRESS Bicameral – 2 houses (Senate & House of Representatives) Session – when they conduct business At least one a year lasting 4 or 5 months Adjourn – when the session has ended Special Session Can be called by the President or either house

HOUSE OF REPRESENTATIVES 435 members Determined by state population Minimum of 1representative 2 year terms, but no limit on # of terms Reapportionment – redistributed every 10 yrs. U.S. Population: 313,900,000 Vermont Population: 626,000 Vermont only has .19% of the total U.S. population, BUT they still get 1 representative in the House!

Wesberry v. Sanders – “one person, one vote” Gerrymandering – division of voting districts to favor one political party over another Wesberry v. Sanders – “one person, one vote” First printed in March 1812, this political cartoon was drawn in reaction to the state senate electoral districts drawn by the Massachusetts legislature to favor the Democratic-Republican Party candidates of Governor Elbridge Gerry over the Federalists. The caricature satirizes the bizarre shape of a district in Essex County, Massachusetts as a dragon-like "monster." Federalist newspapers editors and others at the time likened the district shape to a salamander, and the word gerrymander was a blend of that word and Governor Gerry's last name.

Gerrymandering at Work

Qualifications for House 25 yrs. old US citizenship for 7 years Must live in the state they represent

SENATE 100 Members 2 per state Represent the entire state 6 year term – gives some security Terms staggered so that 1/3 are elected every 2 years 17th Amendment – voted on directly by the people – before they were chosen by state legislature Filibuster

Qualifications 30 yrs. Old Citizen for 9 years Live in the state they serve

Franking privilege To be able to mail letters postage-free by substituting their facsimile signature (frank) for postage. If you’re an incumbent, you can send campaign ads for free! You have an advantage over your competitor.

Reform efforts during the past 20 years have reduced overall franking expenditures by almost 70%, to $34.3 million in FY2006 from $113.4 million in FY1988.

4 Factors Our Legislators Consider: Does the Constitution give Congress the power to pass the law? What is my personal opinion? What are the views of my political party? What do my voters think?

Congressional Powers Limited by the Constitution Constitution says Congress can… Collect taxes to raise money to pay debts, to defend the country, & to provide for the general welfare of the U.S. Control commerce (business) that happens across state lines, with foreign countries, and with Indian tribes.

Taxes Direct tax – paid by the person it’s imposed on Indirect tax – paid by one person but passed along to another (cigarette tax) Borrowing Deficit financing – spend more than you take in/borrow the difference Public Debt – money not paid over time plus interest Commerce Regulation of interstate & foreign trade Ogden v. Gibbons

Establish Post Offices Currency power Coin money War powers Declare war Raise an army 1973 War Powers Act – President must notify Congress within 48 hrs. of sending troops to an area; if Congress doesn’t declare war or extension, must pull troops out within 90 days Copyright & Patents Eminent Domain Immigration Law Establish Post Offices

Implied Powers Education National Bank Make all laws that are “necessary and proper” for executing any of these powers (This means Congress CAN do something that is NOT on the list of powers if it’s related to something that IS on the list.)

Non Legislative Powers Amendments 25th – Congress approves V.P. selection if V.P. must vacate office to take over as Pres. Elections – if there is a tie or no one has 51% of the electoral votes, House of Representatives decides the election 1800 - Jefferson & Burr tie – Jefferson agrees to keep the National Bank if Federalists in the House will vote for him 1824 – Andrew Jackson won more of the popular vote, but John Quincy Adams makes “Corrupt Bargain” with Speaker of the House Henry Clay (Clay gets to be Sec. of State if he gets the House members to vote for J.Q. Adams as Pres.) Impeachment 1868 – Andrew Johnson 1998 – Bill Clinton 1974 – Nixon resigned when he knew he would likely be impeached Executive Powers Senate approves appointments & treaties

Congress in Action Speaker of the House Duties – Preside & keep order Allows representatives to speak Next in succession after President & V.P. President of the Senate – Vice President Presides Votes to break a tie President Pro-tempore Majority leader, presides if VP is absent Next in succession after the Speaker Party Officers – “caucus” – meeting to decide leaders & stands Floor leaders from each party Whips – assistants to the floor leaders

How a Bill Becomes Law: Introduced in one house Sent to committee Released by committee to floor where it’s debated and voted on If it passes that house with majority (218/435 in House, 51/100 in Senate), sent to the other house where they go through same process If it passes both house with majority, sent to conference committee (made up of members of both houses) where they resolve differences between 2 bills Revised bill reintroduced for vote in both houses If it passes both, sent to President for signature