The Federal Legislative Branch The United States Congress –The Senate –The House of Representatives

Warm up In 1908, Theodore Roosevelt said, “Oh, if I could be President and Congress too, for just ten minutes. Which of these principles would best explain this statement? A. Federalism B. Rule of Law C. Majority Rule D. Separation of Powers

What is the purpose of the legislative branch? A. Enforce laws B. Make laws C. Interpret laws D. Veto laws

Introduction to the Legislative Branch Here are some ideas and terms that may help you to understand the legislative branch

Legislative Branch: Inception The Virginia Plan and the New Jersey Plan The “Great Compromise” Bicameral legislature: the House of Representatives and the Senate House representation based on population Senate—each state allowed two votes Length of terms for representatives, senators Roger Sherman James Madison

The first Congress met in New York City in 1789 The First Congress

A term in Congress is two years Each term is divided into two sessions A session lasts for one year. A term begins in January on odd numbered years Congress adjourns (stops meeting) when both houses decide to adjourn

The House of Representatives Seats are distributed based on population Reapportionment takes place every ten years Gerrymandering The district created by members of Governor Elbridge Gerry’s party closely resembled a salamander—hence the term “gerrymander”

How is representation determined? A population count is taken through the Census every ten years. Reapportionment occurs when the population is counted to assign the appropriate number of representatives per state. If a state loses population, it might lose a representative. If a state gains population, it might gain a representative.

Gerrymandering Sometimes districts are drawn to benefit one particular party. This is called gerrymandering. This is unconstitutional and illegal.

Current Example This next slide is actually a district that was drawn in one of Canada’s provinces It seems like an outrageous example of Gerrymandering

Qualifications for House Membership Must be at least 25 years old Must live in the state he or she represents Must have been a U.S. citizen for at least seven years The hall of the House of Representatives

House Officers Speaker of the House Majority Floor Leader Majority Whip Minority Floor Leader Minority Whip President Carter meets with House Speaker Tip O’Neill, 1978

The Senate

There are 100 Senators A “continuous body” One-third of the Senate comes up for reelection every two years Senators can run for reelection as often as they desire The Senate: Facts The Senate in 1939

Must be at least 30 years old Must live in the state he or she represents Must have been a U.S. citizen for at least nine years Qualifications for Senate Membership The chamber of the U.S. Senate

Senate Officers President of the Senate President Pro Tempore Majority Floor Leader Majority Whip Minority Floor Leader Minority Whip James Hamilton Lewis became the first Senate Party Whip in 1913

Congressional powers Delegated Powers: Powers of the national/federal/central government (enumerated, expressed, implied) Enumerated powers: The expressed powers of Congress that are itemized and numbered 1-18 in the Constitution. (Delegated) Expressed powers: Powers directly expressed or stated in the Constitution by the founders. (Delegated)

Expressed Powers of Congress Power to tax Power to borrow money Commerce power Currency power Bankruptcy power War powers

Naturalization Postal power Copyright and patent power Weights and measures power Territorial power Judicial power Other Expressed Powers Candidates for naturalization, early 1900s

Congressional powers Implied Powers: Un-named powers allowed by the “necessary and proper clause” or elastic clause, (Delegated) Concurrent Powers: Powers that both states and the federal government have (taxing, law making, road building, etc.) Reserved Powers: Powers saved for the states

Article I: “necessary and proper” The “Elastic Clause” Strict vs. loose interpretation Hamilton vs. Jefferson Implied Powers Alexander HamiltonThomas Jefferson

Non-Legislative Powers Investigatory Power Electoral Power Executive Powers Impeachment Power A depiction of the impeachment trial of Andrew Johnson

Denied Powers Powers no government can use – Ex post facto laws –Awarding titles of nobility –Writ of Habeas Corpus »Protects people from unlawful imprisonment

Primary Function of the Legislature What is Congress’ most important job? How does it accomplish this goal? Is this the same at the national and state levels?

Congressional Bills Bills are named according to whether they originated in the House (HR), the Senate (SR), or the White House (WHR). They then receive a number.

How a Bill Becomes a Law: Introduction to Committee Complete House or Senate (introduction) Committee Subcommittee Complete House or Senate (debate and vote)

Committees Congressional committees allow the Congress to work in specialized groups to accomplish their individual goals. There are four major types:

Standing Committee Permanent committees Consider bills and issues Recommend whether items receive further consideration Majority party members usually make up majority of the committee

Joint Committees and Conference Committees Joint committees, such as the Joint Committee on Economics, research issues that affect both houses, such as unemployment Joint committees: Deal with issues of concern to both houses of Congress Conference committees: Created to reach a compromise on the wording of a bill that has passed both the House and the Senate

Select committee Temporary or permanent Usually only last one session of Congress Committees created to focus on emerging issue

Senate Committees

Standing committees: permanent committees that debate proposed bills Select committees: temporary panels created to address a specific issue or situation Committee chairmen House Committees

House Rules Committee –Manages flow of bills for action by the full House by scheduling their consideration. –Senate doesn’t need one of these because it’s smaller and less formal. Majority floor leader controls for Senate

Calendar Rules Committee Debate House vs. Senate Filibusters cloture How a Bill Becomes a Law: Committee to Floor Debate The late Strom Thurmond holds the record for the longest filibuster in Senate history—24 hours and 18 minutes against the Civil Rights Act of 1957

How a Bill Becomes a Law: Voting Quorum Types of votes Voice vote Standing vote Roll-call vote Electronic voting (House only)

Conference committee House and Senate vote again 1.Changes cannot be made 2.Majority vote needed for passage Sent to President How a Bill Becomes a Law: From Passage to the President Conference committee House and Senate (vote) The President

The President’s Options Sign it Veto it Pocket veto Ignore it Overriding a veto President George W. Bush signs a law on corporate responsibility How a Bill Becomes a Law: The President

Add these terms and their definitions to your notes Interest Group A group of people with common goals who organize to influence government Mark up When committee or subcommittee members decide each detail of a bill’s content and wording. Types of Committees –Standing (Permanent) –Select (Temporary) –Joint (House & Senate) –Conference (House & Senate members to resolve differences between their versions of the same legislation).

More Terms and Definitions Filibuster An extended debate in the Senate which has the effect of preventing a vote.

Even More Terms and Definitions Partisanship Adhering to or supporting to a particular party Parochial Political interests which are very limited or narrow in scope or outlook Lame Duck A politician who has less power because he or she is about to leave office

Caucus This next slide is an example of a caucus. Who is this group?

Pork Barrel Legislation

In The MailIn The Mail: I just received a review copy of The Pig Book, a book both conservatives and liberals should embrace. Among the "pork barrel" items uncovered:The Pig Book $50 million for an indoor rain forest in Iowa $102 million to study screwworms which were long ago eradicated from American soil $273,000 to combat goth culture in Missouri $2.2 million to renovate the North Pole (Lucky for Santa!) $50,000 for a tattoo removal program in California Though you might not share the entire agenda of the Citizens Against Government Waste, the group that wrote the book, it's packed with examples of projects inserted into spending bills that ultimately cause Americans to mistrust their government. Citizens Against Government Waste

Checking the Web Filibuster_Cloture.htmhttp:// Filibuster_Cloture.htm ssion.htmhttp:// ssion.htm

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