LEGISLATIVE BRANCH by: B4 - MIDDLE GROUP 11/28/2012 Powerpoint Outline LEGISLATIVE BRANCH 1. Requirements 2. Selection Process 3. Powers of Legislative Branch 4. Checks and Balances

Powerpoint Outline Congress 1. Requirements 2. Selection Process 3. Powers of Legislative Branch 4. Checks and Balances

1. Requirements By: Efren Aguilar, Justin Avellen, Gabriel Castro

House Must be 25 years of age or older Must be a citizen of the U.S. for 7 years Must live in the state he is chosen in

Senate Must be 30 years old or older Must be a citizen for 9 or more years Must live in the state chosen in

2. SELECTION PROCESS By: Ivan Limeta, Allen Sison, & Dominic Hernandez

Selection Process A person becomes candidate for representative or senator in the U.S. Congress by running in a primary election. Voters select candidates in the primaries because of their personalities, positions on issues, or overall reputation. Political parties exercise little control over the choice of who is nominated to run for congressional office.

Assigning of Committee Chairs: Senate The majority part chooses one of its members, usually the person with the greatest seniority, to be president pro tempore of the Senate, presiding officer of the Senate in the absence of VP of US. Presiding over the Senate is a tedious chore so the actual task of presiding is usually assigned to some junior senator. Majority Leader - is chosen by senators of the majority party Minority Leader - is chosen by senators of the other party Senators of both majority and minority parties elect a whip, a senator who helps the party leader stay informed about what party members are thinking.

Assigning of Committee Chairs: Senate (contd.) Each party in the Senate also chooses a Policy Committee composed of a dozen or so senators who help the party leader schedule Senate business, choosing what bills are to be given major attention and in what order. The key aspect of selecting party leaders, of making up the important part committees, and of assigning freshman senators to Senate is achieving ideological and regional balance.

Assigning of Committee Chairs: House of Representatives The Speaker is the most important person in the House. He/she is elected by whichever party has majority. Decides the committees to which new bills shall be assigned. The majority party elects a floor leader, called the majority leader. The other party also chooses a leader, the minority leader. The majority leader becomes Speaker when the person in that position dies or retires, provided that the Speaker’s party is still the majority. Each party also has a whip, with several assistant whips.

By: Julius Bugante, Joe Macias, Alex Espinosa, Francisco Silva 3. POWERS OF THE LEGISLATIVE BRANCH

Legislative Branch -Bicameral -Senate and House of Representatives -535 members -435 House Representatives -100 Senators

Non-Legislative Tasks of Congress Oversight- Congress reviews the work of federal agencies, which in turn helps check the executive branch. It also investigates charges of corruption and waste, holds hearings where experts and citizens discuss the governments problems and suggest solutions Public education- Hearings for awareness of government and societal problems. Floor debates over gun control, tax cuts, social security reform, healthcare reform and sending troops

Non-Legislative Tasks of Congress Represents constituents within the government- Members of congress not only vote on laws they also help constituents in their dealing with the government. They can receive and can act on complaints about federal services, sponsor voters who seek scholarships or federal contracts, and solicit constituents' suggestions about how to improve the government

Types of Powers General Powers- The intent of the branch. In other terms, the main picture. Enumerated Powers- Specific powers defined by the Constitution. Implied Powers- Powers that are assumed to exist.

General Power (Congress) -Authority over financial matters -Provide defense and welfare for the citizens of the United States. -Impeachment Powers.

Enumerated Powers (Congress) Authority Over Financial Matters To lay and collect taxes, duties, imposts, and excises, to pay debts...all duties, imposts and excises shall be uniform throughout the United States To borrow money on the credit of the United States To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States To regulate commerce with foreign nations, and among several states, and with the Indian tribes. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures. To provide the punishment of counterfeiting the securities and current coin of the United States.

Enumerated Powers (Congress) Defense of the United States To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years. To provide and maintain a navy. To make rules for the government and regulation of the land and naval forces. To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions.

Enumerated Powers (Congress) Defense of the United States To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress. To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding a ten mile square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings.

Enumerated Powers (Congress) Welfare of the United States To establish post offices and post roads To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries To constitute tribunals inferior to the Supreme Court Enforce rights of citizens, including voting rights, due process, and equal protection under law. Override a veto made by the president by a two thirds supermajority in both chambers.

Implied Powers (Congress) Necessary and Proper Clause "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."

Enumerated Powers (Senate) -Elect their own officers (e.g. president pro tempore, chaplain, secretary, sergeant at arms) -Impeach the president. The Senate has the sole power to try all impeachments. -Has the power to amend or reject bills made by the House of Representatives.

Enumerated Powers (House of Representatives) Revenue bills must originate at the House of Representatives. Appropriation bills must originate at the House of Representatives. Has the power to amend or reject bills made by the Senate.

4. Checks and Balances

President and Congress Executive recommendation power Legislative appropriations power Senatorial advice and consent Division of powers concerning war

President and Congress When the president vetoes a bill by returning it to Congress while Congress is still in session, the Constitution allows Congress to try to override the veto. If the president pocket vetoes a bill, Congress does not get a chance to override the veto. Adjournment prevents Congress from reconsidering the bill and holding an override vote.

Other Legislative checks and balances Legislative appropriations power Senatorial advice and consent Division of powers concerning war Congressional oversight work Removal of the president and other executive offices by impeachment.

Presidential veto To pass Congress, a bill must receive majority votes. 218 out of 435 representatives in the House must vote in favor of the bill. To pass Senate, a bill must receive majority vote. 51 out of 100 Senators plus the vice president must vote in favor of the bill. When the Senate has a split 50-50, the vice-president casts the tie-breaking vote as president of the Senate under Article 1, Section 2, of the Constitution.

Article 1, Section 7 This procedure can do many things, if the president signs the bill in ten days, it becomes a Law. The president can also choose to do nothing with the bill, if ten days pass and Congress is still in session when the president has not acted on it, the bill becomes a Law. Veto it. When Congress adjourns before the president has had the bill for ten days. It prevents the president from having the return veto of the ten days, called the pocket veto.

Checks and Balances The House of Representatives has the sole power of Impeachment, which is power over the judicial and executive branch. The Senate has the sole power to try all Impeachments, in order to remove a person from office, and to limit a person’s ability to hold and enjoy any office of honor, trust, or profit under the United States. They are to be judged and punished according to the law.

Checks and Balances Congress can forgo the power of the Executive branch to enforce arrest, as they have immunity from arrest while in session. The House of Representatives has the power to create bills that raise revenue, which is money that other branches use. The Senate may add on to or concur with these bills. Also, the Congress has the power to tax, so the legislative branch has the power of the money, which funds any action by the other branches.

Checks and Balances The Legislative Branch has the power to present bills to the president in order the get them passed as laws/get him to sign the bill. If he does not agree with the bill, then the House can raise objections with a 2/3 vote from both the House and the Senate to get the bill passed into a law, which overrides a president’s veto power. This is the same case in any order, resolution, or vote that needs the vote of the house and the senate, except in the case of questioning adjournment.

Checks and Balances Congress, not the Judicial or Executive branches, has the power to provide punishment for counterfeiting money or piracies. Congress has the power to create courts inferior to the Supreme Court. he legislative branch has power forgoing any other branch by passing a law that they deem necessary and proper.

Checks and Balances Senate can also refuse to ratify a treaty the president signed if he does not get a 2/3 vote from them. Senate must give their advice and consent in order for the president to appoint ambassadors, other types of public ministers and consuls, judges of the Supreme Court, and all other officers of the United State. Senate has the power to refuse a presidential appointment to said offices. Congress can bestow this power as they see fit, in the case of appointments to inferior offices, to the President, to the Courts of Law, or to heads of departments. Congress has the power over the Judicial branch to declare punishments of treason.