1. LECTURE 1 NATIONAL GOVERNMENT: THE LEGISLATIVE BRANCH

2. The Legislative Branch Article I of the US Constitution established and describes the Legislative Branch. – The Legislative Branch consists of the US Congress, which is bicameral, meaning divided into two parts. – The parts are known as “houses.” – The House of Representatives is the “lower house.” The Senate is the “upper house.”

4. The Legislative Branch – Since 1929, membership in the House has been frozen at 435. – There are 100 Senators. – Each congressional term lasts two years. Each Congress is numbered – current Congress is 113 th.

5. The Legislative Branch The House of Representatives Members of the House of Representatives are called Congressman/Congresswoman. Membership in the House is determined by population. Larger states get a larger share of the 435 seats; smaller states get a smaller share of the 435 seats. Counting the population of each state to determine its congressional representation is the purpose of the census that is taken every 10 years.

6. The Legislative Branch The House of Representatives States are divided into congressional districts – each district elects a representative. Representatives serve 2 year terms. So, the entire House of Representatives is up for election every two years. State legislatures draw the districts – sometimes they gerrymander to give one party or group an advantage.

7. Watauga County is in District 5. Our US Representative is Virginia Foxx.

8. The Legislative Branch The US Senate Members of the US Senate are called “Senator.” Membership is the same for every state : 2. Senators are chosen by the voters of the whole state and they represent the whole state. Senators serve 6 year terms. 1/3 of the Senate is up for election every two years. North Carolina’s two senators are Richard Burr and Kay Hagan.

9. Richard Burr Kay Hagan

10. The Legislative Branch Within Congress, there is a hierarchy of leadership. – The Majority party gets the key leadership positions. – The House of Representatives is led by the Speaker of the House who is always a member of the majority party. S/he sets the agenda and guides legislation. The Speaker is 2 nd in presidential succession.

11. Current Speaker of the House is John Boehner. Boehner is from Ohio.

12. The Legislative Branch – Vice President is president of the Senate, but he is rarely present and votes only in a tie. In reality, the day-to-day leadership of the Senate is carried out by the President pro tempore – He is 3 rd in presidential succession.

13. Current President pro tempore of the Senate is Patrick Leahy of Vermont. Joe Biden is Vice President and so is President of the Senate. Biden is from Delaware.

14. The Legislative Branch Each house has committees that help speed the process of lawmaking. – Three types: standing committees are permanent, select committees meet temporarily, and joint committees include both senators and representatives. – Party leaders make committee assignments based on seniority (years of service), relevance to one’s constituency, and expertise.

15. The Legislative Branch Congress has two types of power: Legislative and Non-Legislative. – Congress exercises legislative powers when it considers bills and passes laws. – Congress exercises non-legislative powers when it does other things: investigations, hearings, and impeachment.

16. The Legislative Branch Legislative Power – The main job of Congress is to LEGISLATE - to pass laws. – Congress can legislate based on its Expressed Powers – those powers and duties given specifically to Congress in the US Constitution – Congress can legislate based on its Implied Powers – those powers and duties not “spelled out,” but assumed based on the “necessary and proper clause.”

17. The Legislative Branch Expressed Powers: Powers granted directly by the Constitution. Examples: – To pass laws – To maintain an army and a navy – To “coin money” (which means to print currency and regulate its value) – To establish the federal court system

18. The Legislative Branch Examples: – To regulate trade – To levy and collect taxes – To declare war – To issue patents and copyrights – To conduct a census every ten years – To pass laws that promote “the general welfare” of the American people

19. The Legislative Branch Implied Powers: The authority to pass laws about things not specifically mentioned in the US Constitution but that Congress has deemed “necessary and proper.” The ability to exercise implied powers has enabled the United States to adapt to change without having to amend the Constitution over and over. Examples: – Creation of the Air Force, NASA, or the Department of Homeland Security

20. The Legislative Branch Examples: – Creation of the Federal Reserve System which oversees banking in the United States – Construction of the Interstate Highway System – Laws that regulate air and water pollution – Laws that regulate airport security – Establishing a minimum wage and overtime laws. – Outlawing child labor

21. The Legislative Branch In fact, nearly everything Congress does today is based on its Implied Powers.

22. The Legislative Branch Congress also has four important NON-LEGISLATIVE POWERS: – Advise and Consent. The Senate (and only the Senate) must approve or reject presidential nominees and treaties. – Impeachment. The House makes the charge (called Articles of Impeachment) and the Senate holds the trial. Enables Congress to remove executive or judicial officers if they do something wrong. – Investigation. Either house can investigate and gather information. They do this by holding hearings.

23. The Legislative Branch – Casework. Casework is all the things members of Congress do to help or please their constituents (the voters they represent.) such as… Assisting citizens who are working with government agencies. Bring government projects and money to their districts/states. These are known as “pork barrel projects,” and they please some people but are also a source of criticism of Congress.

24. The Legislative Branch There are several important things the Congress may NOT do. – Pass laws that restrict freedoms given in the Bill of Rights. – Suspend the writ of habeas corpus, pass bills of attainder, or pass ex post facto laws.

25. The Legislative Branch Members of Congress must meet certain qualifications. They also have several important privileges. – House: 25 years old, citizen at least 7 years. Senator: 30 years old, citizen at least 9 years. Both must live in state they represent. – $174,000 salary + many benefits. Franking privilege: free mail to home district. Gives advantage to incumbent. – Limited immunity. – Personal staff and two offices (home state and DC).

26. The Legislative Branch How a Bill Becomes a Law Bill: a law before it is passed. 1.Bills must be proposed by a member of Congress. Note: The president CANNOT sponsor a bill, nor can he pass a law. 2.The proposed bill is given a number and sent to a standing committee. 3.The committee may pass it, change it, replace it, ignore it (pigeonholing), or kill it. 4.If approved in committee, the bill goes to the floor of first house for debate.

27. The Legislative Branch 5. Floor Debate. (Note: In the House, floor debate has time limits, but in the Senate, a filibuster can prolong debate. A filibuster can be ended with a vote for cloture, but cloture takes 3/5 of Senators. ) 6.Floor Vote. If the bill passes the first house, the whole process repeats in the other house.

28. The Legislative Branch 5. In the second house….. The same steps occur. If the bill passes the second house, it is sent to the President. Note: A bill must be identically worded in both houses. If changes were made to the bill by either house, a conference committee can realign the language, but then all voting has to repeat. Once the bill passes – in both houses in identical form – it goes to the President.

29. The Legislative Branch 8.The president can sign it, in which case it becomes law. 9.The president can reject the bill, which is called a veto. At this point, the bill is dead. 10.He can ignore the bill. In 10 days it becomes law without his signature if Congress is in session. If, in that 10 days, Congress has adjourned, the bill is rejected. This is called a pocket veto. 11. Congress can override a presidential veto, but only with a 2/3 vote in both houses… very rare.

30. Can You Answer These Questions? How many members does Congress have? How often does Congress adjust the number of seats each state has in Congress? After it is proposed by a member of Congress, where does a bill go first? Name one non-legislative power of Congress. How can Congress pass a law the President has vetoed?