Legislative Branch

Article I SECTION 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. SECTION 2. The House of Representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. SECTION 3. The Senate of the United States shall be composed of two Senators from each state, chosen by the legislature thereof, for six years; and each Senator shall have one vote.

Congress The legislative branch of the federal government is called Congress  Historical: the colonists were familiar with it because the British Parliament and most colonies had two houses Practical: The States could not all agree on proportional or equal representation because the populations were so varied. The only way to get them to agree was to have two houses Theoretical: The framers thought it would be easy for Congress to become too powerful, so dividing it would ensure that each house checked the other See page 269

Terms and Sessions of Congress A session is the period of time during which, each year, Congress assembles and conducts business Each term has two sessions. The President may call a special session to deal with some matter of particular importance ANALYZE CHART ON PAGE: 286 in book

Representation in Congress There are two senators from each state The number of House members for each state is determined by population Turn to page 270 in your book

The Members of Congress Most members of Congress were born in the states they represent They usually have many years of political experience The pay for Senators and Representatives are $174,000 a year

House of Representatives There are 435 members of the House of Representatives The number of seats a state receives is based on population After each census, the Census bureau decides on the number of seats for each state The term for the house is two years Members of the House play close attention to the “folks back home” because their term is very short The Reapportionment Act of 1929: set the house size at 435 Allowed reapportionment by the Census Bureau after each census Congressional elections are held the Tuesday following the first Monday in November of each even numbered year (See page 274)

House of Representatives An off-year (midterm) election is an election held in a year between Presidential elections Members of the President’s party usually lose seats in off-year (midterm) elections The members off the State’s dominant party have drawn district lines to ensure that the dominant party will win the highest possible number of seats in Congress Wesberry v. Sanders said that districts must have equal populations; it ended the overrepresentation of rural areas in the House of Reps.

Gerrymandering/Qualifications: House of Representatives Gerrymandering is the unfair drawing of district lines to favor one party over another Candidates for the House of Representatives must be 25 years of age must have been citizens of the United States for at least seven years Must live in the state they represent

Gerrymandering

Gerrymandering

Size and Term: Senate There are 100 senators serving in the Senate today, two from each state A senator’s term in office is six years There is no limit to the number of terms a Senator may serve Senators must be at least 30 years old citizens of the United States for at least nine years and residents of the states they represent Because of all of its seats are never up for reelection at the same time, the Senate is known as a continuous body

Senate The Senate is considered the upper house because it is smaller with members who have longer terms and higher qualifications Senators serve for six years so they have more time between elections and feel less public opinion pressure Only one Senator from a state is elected in a given election except if the other dies, resigns, or is expelled Because of the 17th amendment, Senators are elected in an at-large election rather than selected by State legislatures The small size allows Senators to gain more recognition. The Senate focuses on more national issues than local ones.

Members of Congress cast their votes as politicos, trustees, delegates, and partisans Members of Congress receive many benefits. Some include a tax deduction, travel allowances, medical care, and the franking privilege, which allows them to mail materials for free.

Powers of Congress The delegated powers of the Congress include the expressed, implied, and inherent powers The Court’s decision in the 1824 case Gibbons v. Ogden opened the way to the involvement of the national government in many aspects of American life The commerce power is limited. For example, Congress cannot tax exports Book PAGE 297

The Taxing and Other Money Powers Congress can charge an amount of money on persons or property called a tax to raise money for public needs Taxes can also be used to protect domestic industry and to protect public health and safety The Constitution places four limits on the taxing power (public purposes, excludes exports, direct taxes apportioned among the states, indirect taxes at the same rate) Book page 301

Taxing and Other Money Powers Because the federal government usually spends more money than it takes in, it has to use deficit financing. The borrowing power allows Congress to do this. The Supreme Court ruled that the issuing of paper money was a proper use of the currency power Both national government and states can regulate bankruptcy See page 302

The Other Expressed Powers Only Congress can declare war The War Powers Resolution was meant to limit the President’s war-making powers A copyright gives a person the exclusive right to reproduce, publish, and sell his or her creative work The power of eminent domain gives the government the right to take private property for public use

The Implied Powers The Necessary and Proper Clause is also known as the Elastic Clause because it has been stretched to give Congress broad powers The strict constructionists wanted Congress to use only the powers written into the Constitution The liberal constructionists believed Congress should be able to expand its powers when needed

Powers of Congress Every use of the implied powers must be based on on of the expressed powers Congress has passed amendments to the Constitution by a two-thirds vote 33 times If no presidential candidate receives a majority of electoral votes, the House selects the President among the top three candidates

Impeachment and Executive Powers The House has impeached two Presidents: Andrew Johnson and Bill Clinton After impeachment, conviction requires a two-thirds vote in the Senate. No President has ever been convicted. The Senate must approve appointments and treaties made by the President One reason Congress may investigate a matter is to gather information when writing new laws

Congress in Action The Speaker of the House is chosen from the majority party and leads the House of Representatives The Vice President of the United States serves as the president of the Senate When the Vice President cannot be present, the president pro tempore takes the Vice President’s place Chart page: 333, write down leaders!

Party Officers and Committee Chairmen Congress selects the majority and minority leaders of both houses at party caucus meetings Committee chairmen are the leaders of the standing committees in both houses of Congress. Important jobs in Congress are assigned by a custom called the seniority rule Interpret charts on page: 334-335

Committees in Congress Standing committees are permanent committees that consider all bills dealing with a certain topic. Subcommittees do most of the work of standing committees The House Rules Committees decides what bills will be reviewed by the full House Select committees are set up for a limited time to handles issues of national importance A committee with members from both the House and Senate is called a joint committee

Making Law: The House A bill is a proposed law. A resolution is a measure dealing with a matter in one House and does not require the President’s signature. Concurrent resolutions require the House and Senate to act together. They are not as strong as law. A rider is sometimes added to a bill because it cannot pass on its own After a bill is introduced, it receives its first reading See page 339

Bills In Committee Most bills are pigeonholed in committee which means they are set aside and no longer considered. A discharge petition can get a bill released from committee if it is signed by a majority of the House. Subcommittees sometimes hold hearings to learn more about a proposed bill There are five calendars for the House of Representatives

Bills on the Floor The Rules Committee sets the day when a bill will be discussed on the floor Important bills are sometimes considered by the Committee of the Whole to help them pass more quickly For a vote to take place in the House, there must be a quorum Interpret chart on page 345, After which step do most bills die?

The Bill in the Senate Unlike the House, the Senate has only one calendar for bills reported out of committee A filibuster, or lengthy debate can be used to prevent the Senate from voting on a bill The Cloture Rule limits how much time a measure can be discussed on the Senate floor A filibuster is often used by the minority party See book page 354. Write steps to bill becoming a law

Conference Committees Both houses of Congress must pass the exact same bill If there are differences in a bill, a conference committee must work out a compromise bill acceptable to both the House and the Senate The President may veto bill to keep it from becoming a law. Or, by not acting on a bill, a President can use a pocket veto to reject the bill If the President vetoes a bill, it can still become a law with a two-thirds majority vote in both houses Congress

House (Left Side) House: Bill is introduced and assigned to a committee SUBCOMMITTEE: Members study the bill , hold hearings, and debate provisions. Marks up the bill. If it passes, it goes to Committee COMMITTEE: Full Committee considers the bill. If it approves the bill in some form, the bill goes to the Rules Committee RULES COMMITTEE: It issues a rule to govern debate on the floor FULL HOUSE: Debates the bill and may amend it. If it is different from the Senate version, it must go to a Conference Committee FULL HOUSE: Votes on bill, if it passes it goes to the President PRESIDENT: Can sign or veto the bill. Congress can override a veto with a 2/3 majority vote in both the House and the Senate

SENATE (Right Side) SENATE: Bill is introduced and assigned to a committee which refers it to a subcommittee SUBCOMMITTEE: Members study the bill, hold hearings, and debate provisions COMMITTEE: Full committee considers the bill. If it approves the bill in some form, bill goes to Rules Committee FULL SENATE: Debates the bill and may amend it. If it is different from House version, it must go to a conference committee CONFERENCE COMMITTEE: Senators and representatives meet to reconcile differences between bills FULL SENATE: votes on bill, if it passes, it goes to the president

Directions: On the index card provided, define the words Adjourn Bill Constituent Reapportion Filibuster Partisan At-large election Checks and balances Copyright Special session federalism 1st amendment Bicameral suffrage 2nd amendment Term Elastic Clause 5th amendment House of Representatives Necessary and Proper clause 6th amendment 8th amendment Senate Speaker of the House 13th amendment Census Deficit financing 14th amendment Gerrymandering Veto 15th amendment Session Politico 19th amendment Joint Committee Trustee 21st amendment Standing committee Delegate