1. Chapter 8 The Legislative Branch

2. Chapter 8-1 The Members of Congress

3. Section Preview 1. Describe the groups to which a member of Congress is responsible. 2. Explain the duties of a member of Congress. 3. Compare the jobs of a representative and a senator. 4. Summarize the requirements for being a member of Congress and the salary and benefits. People go to Washington DC to do good… They end up staying to do well….

4. Congress Legislative branch of the national government Legislative branch of the national government Two Houses Two Houses Senate Senate House of Representatives House of Representatives Makes (passes) laws Makes (passes) laws Laws have two purposes East Front View Laws have two purposes East Front View 1. Tells us what we can and cannot do 1. Tells us what we can and cannot do 2. Establish a policy to reach a certain goal 2. Establish a policy to reach a certain goal Policy – a plan of action designed to achieve a goal Policy – a plan of action designed to achieve a goal SENATE HOUSE

5. Lawmakers Are Responsible To 1. Constituents 1. Constituents People who are represented by the lawmaker People who are represented by the lawmaker Expect to be listened to Expect to be listened to Expect lawmaker to be their voice Expect lawmaker to be their voice Expect help in solving their problems Expect help in solving their problems

6. Lawmakers Are Responsible To 2. All Americans 2. All Americans 3. Their political party 3. Their political party Similar ideas about the purposes of government Similar ideas about the purposes of government Expected to support party position Expected to support party position Expected to support their bills Expected to support their bills Bill - a proposed law Bill - a proposed law

7. Lawmakers Are Responsible To 4. Interest groups – people with similar interests and goals working together 4. Interest groups – people with similar interests and goals working together Provide money for re-election Provide money for re-election Provide votes of its members Provide votes of its members Lobbyists – people who represent interest groups Lobbyists – people who represent interest groups Over 35,000 registered in Washington D.C. Over 35,000 registered in Washington D.C. 5. Their own conscience and set of values 5. Their own conscience and set of values Election platform Election platform What he/she ran on, or promised to constituents What he/she ran on, or promised to constituents

8. What Legislators Do Become experts on certain issues Become experts on certain issues Vote in committee or on the floor Vote in committee or on the floor Listen to, give speeches Listen to, give speeches Attend meetings Attend meetings Handle mail from constituents Handle mail from constituents Prepare bills of their own Prepare bills of their own Manage Congressional staff Manage Congressional staff Help run their offices Help run their offices Prepares reports on issues Prepares reports on issues Deal with constituents Deal with constituents

9. House of Representatives 435 seats – a permanent number 435 seats – a permanent number Number of representatives from each state based on state population Number of representatives from each state based on state population Census – official population count every 10 years Census – official population count every 10 years Seats re-allocated every 10 years Seats re-allocated every 10 years Congressional District Congressional District Area of the home state which the representative represents Area of the home state which the representative represents Each district has about the same number of people living there Each district has about the same number of people living there Setting district boundaries is very political process Setting district boundaries is very political process

10. Representatives or Congressmen Serve 2 year terms Serve 2 year terms 112 th Congress begins in January, 2011 112 th Congress begins in January, 2011 No term limits, hold office as long as they can win re-election No term limits, hold office as long as they can win re-election Must live in the state they represent Must live in the state they represent Must be at least 25 years old Must be at least 25 years old Must have been a U.S. citizen for the last 7 years Must have been a U.S. citizen for the last 7 years Base Salary is $174,100 (2011) ($93M per year) Base Salary is $174,100 (2011) ($93M per year) Receives allowances to pay for staff, travel costs, mailing costs, and other expenses Receives allowances to pay for staff, travel costs, mailing costs, and other expenses

12. Senate 100 seats – a permanent number 100 seats – a permanent number Two senators from each state Two senators from each state Represent the entire state, not one district of it Represent the entire state, not one district of it 6 year term 6 year term One-third are up for election every 2 years One-third are up for election every 2 years More stable membership than House More stable membership than House Must be resident of state they represent Must be resident of state they represent Must be at least 30 years old Must be at least 30 years old Must be U.S. citizen for the past 9 years Must be U.S. citizen for the past 9 years Same salary as House members Same salary as House members

13. Our Senators Senator Mark Udall (D-CO) Senator Michael Bennet (D-CO) Years 1-2 – A Statesman Years 3-4 – A Politician Years 5-6 – A Demagogue

14. Chapter 8-2 The Powers of Congress

15. Section Preview 1. Describe how Congress uses its powers to meet the goals stated in the Preamble to the Constitution. 2. Explain how limits on the power of Congress protect the rights of citizens.

16. Powers of Congress Delegated Powers – relate to goals in Preamble Delegated Powers – relate to goals in Preamble Promoting the General Welfare Promoting the General Welfare Providing for the Common Defense Providing for the Common Defense Establish Justice Establish Justice Unlisted Powers Unlisted Powers Not listed in Constitution Not listed in Constitution Non-legislative powers Non-legislative powers Not law-making Not law-making

17. Promoting the General Welfare Pass laws that improve our quality of life Pass laws that improve our quality of life Laws based on power to regulate Laws based on power to regulate Business activity between states, foreign nations Business activity between states, foreign nations Laws based on power to collect taxes Laws based on power to collect taxes All bills raising money must originate in the House All bills raising money must originate in the House Laws based on power to spend money Laws based on power to spend money Congress has final approval of budget Congress has final approval of budget Budget – a plan for raising and spending money Budget – a plan for raising and spending money “power of the purse” “power of the purse”

18. Earmarks A provision added to a spending bill A provision added to a spending bill Not authorized by previous legislation Not authorized by previous legislation No transparency or accountability No transparency or accountability Number of Earmarks tripled in 10 years Number of Earmarks tripled in 10 years 1996 – 3,052 1996 – 3,052 2002 – 10,601 2002 – 10,601 2006 – 13,012 2006 – 13,012 Dollar Value of Earmark Spending Dollar Value of Earmark Spending 1996 - $20.2B 1996 - $20.2B 2002 - $42.8B 2002 - $42.8B 2006 - $67.1B 2006 - $67.1B

19. Providing for the Defense Power to establish and maintain army & navy Power to establish and maintain army & navy Power to declare war Power to declare war 5 times in history 5 times in history War of 1812 War of 1812 War against Mexico 1846 War against Mexico 1846 Spanish-American War 1892 Spanish-American War 1892 WW1 1917 WW1 1917 WW2 1941 WW2 1941 War Powers Act – to limit President’s power to send troops War Powers Act – to limit President’s power to send troops

20. Cost of Wars (in 2006 $) American Revolution 3.6B American Revolution 3.6B War of 1812 1.1B War of 1812 1.1B Mexican War 2.0B Mexican War 2.0B Civil War 56.3/24.5B Civil War 56.3/24.5B Spanish-American War 7.3B Spanish-American War 7.3B WW1642B WW1642B WW2 3,211B WW2 3,211B Korean Conflict691B Korean Conflict691B Vietnam Conflict650B Vietnam Conflict650B Desert Storm 92B Desert Storm 92B War on Terrorism439B War on Terrorism439B

21. Establish Justice Power to create courts under the Supreme Court Power to create courts under the Supreme Court Power to approve federal judges Power to approve federal judges Power to impeach government officials Power to impeach government officials House impeaches, brings charges House impeaches, brings charges Senate holds trial and removes from office if guilty Senate holds trial and removes from office if guilty Chief Justice presides over the trial as judge Chief Justice presides over the trial as judge Prosecutors are House Judiciary Committee members Prosecutors are House Judiciary Committee members

22. Unlisted Powers Not all powers listed in Constitution Not all powers listed in Constitution Elastic Clause Elastic Clause Allows Congress to make all laws that are “necessary and proper” for carrying out its duties Allows Congress to make all laws that are “necessary and proper” for carrying out its duties Provides flexibility to change with the times Provides flexibility to change with the times

23. Non-Legislative Powers Powers not related to making laws Powers not related to making laws Power to impeach Power to impeach Power to approve or confirm Power to approve or confirm Treaties, judges, other government officials Treaties, judges, other government officials Power to propose amendments to the Constitution Power to propose amendments to the Constitution Power to conduct investigations Power to conduct investigations Power to gather information to help make laws Power to gather information to help make laws Investigate wrong-doing Investigate wrong-doing

24. Limits on Congressional Powers General Limits General Limits System of checks and balances System of checks and balances

25. Specific Limits on Congress’ Powers 1. Congress cannot remove right of habeas corpus Right to be seen by judge to decide if there is enough evidence to keep you in jail Right to be seen by judge to decide if there is enough evidence to keep you in jail Exceptions: invasion or civil war Exceptions: invasion or civil war

26. Writ of Habeas Corpus

27. Specific Limits on Congress’ Powers 2. Cannot pass bills of attainder Law convicting people of a crime without a trial Law convicting people of a crime without a trial British used bills of attainder against colonists British used bills of attainder against colonists Bill of Attainder for Jack Cade

28. Specific Limits on Congress’ Powers 3. Congress cannot pass ex post facto laws Latin for “from a thing done afterward” Latin for “from a thing done afterward” An ex post facto law is a law passed after the occurrence of an event or action which retrospectively changes the legal consequences of the event or action An ex post facto law is a law passed after the occurrence of an event or action which retrospectively changes the legal consequences of the event or action Makes an act a crime, then punishes those who committed the act before it was a crime Makes an act a crime, then punishes those who committed the act before it was a crime

29. Chapter 8-3 How Congress is Organized

30. Section Preview 1. Describe the major congressional leadership posts and explain how they are filled. 2. Summarize the role of committees in Congress. 3. Explain the President’s role in the lawmaking process.

31. Leaders in Congress 111 th Congress convened in January 2009 111 th Congress convened in January 2009 Constitution directs Constitution directs House House members elect Speaker of the House members elect Speaker of the House the presiding officer of the House the presiding officer of the House Senate Senate Vice-President serves as President of the Senate Vice-President serves as President of the Senate members elect president pro tempore members elect president pro tempore presiding officer when the VP is absent presiding officer when the VP is absent

32. Leaders in Congress Political parties control who the leaders are Political parties control who the leaders are Majority party chooses its leaders Majority party chooses its leaders the party with more members in House or in Senate the party with more members in House or in Senate chooses Speaker (H) chooses Speaker (H) chooses president pro tem (S) chooses president pro tem (S) Minority party chooses its leaders Minority party chooses its leaders the party with fewer members in House or in Senate the party with fewer members in House or in Senate

33. Speaker of the House Most powerful member in House Most powerful member in House Presides over the sessions Presides over the sessions Sets order of business Sets order of business Decides who may speak Decides who may speak Appoints committee members Appoints committee members Refers bills to committees Refers bills to committees Speaker John Boehner

34. President of the Senate Most powerful member in Senate Most powerful member in Senate Presides over the sessions Presides over the sessions Cannot take part in debate Cannot take part in debate Votes only in the case of a tie Votes only in the case of a tie President pro tem is usually in charge President pro tem is usually in charge Vice President Joe Biden

35. Floor Leaders and Whips Floor Leaders – chief officers of each party Floor Leaders – chief officers of each party Majority leader Majority leader Minority leader Minority leader Guide bills through Congress Guide bills through Congress Work with committee chairmen Work with committee chairmen Whips – assistant floor leaders Whips – assistant floor leaders Work with committee members Work with committee members Gather support, make sure members vote Gather support, make sure members vote

36. Congressional Bills Only a member can introduce bills Only a member can introduce bills In House, representative drops it in hopper In House, representative drops it in hopper In Senate, Senator reads bill aloud on the floor In Senate, Senator reads bill aloud on the floor Senate bills are designated as S XXXX Senate bills are designated as S XXXX House bills are designated as HR XXXX House bills are designated as HR XXXX

37. Types of Congressional Committees Most work is done in committees Most work is done in committees House has its own committees House has its own committees Senate has its own committees Senate has its own committees Standing Committees Standing Committees Select Committees Select Committees Joint Committees Joint Committees Conference Committees Conference Committees

38. Types of Congressional Committees Standing Committees (19) Standing Committees (19) Permanent groups Permanent groups Focus on one particular area Focus on one particular area Agriculture, Education, Armed Services, Small Business Agriculture, Education, Armed Services, Small Business Select Committees (2) Select Committees (2) Deal with area not covered by standing committee Deal with area not covered by standing committee Example…Select Committee on Homeland Security Example…Select Committee on Homeland Security

39. Types of Congressional Committees Joint Committees (4) Joint Committees (4) Members are from both House and Senate Members are from both House and Senate Primarily investigate areas, some are permanent Primarily investigate areas, some are permanent Example…Joint Committee on Taxation Example…Joint Committee on Taxation Conference Committees Conference Committees Temporary committee Temporary committee Resolve conflicts between the House & Senate version of a bill Resolve conflicts between the House & Senate version of a bill Requires resolution before bill goes to the President Requires resolution before bill goes to the President Contains members from House and Senate Contains members from House and Senate

40. Role of President Receives bill after it passes both House and Senate Receives bill after it passes both House and Senate President can sign bill or veto (reject) it President can sign bill or veto (reject) it Signs bill – Signs bill – By taking no action…after 10 days it becomes law if Congress is still in session By taking no action…after 10 days it becomes law if Congress is still in session

41. Role of President Vetoes Bill Vetoes Bill By sending it back to Congress without signature By sending it back to Congress without signature By taking no action…after 10 days it dies if Congress ends its session By taking no action…after 10 days it dies if Congress ends its session Called a pocket veto Called a pocket veto

42. Chapter 8-4 Following a Bill in Congress

43. Section Preview 1. Describe the ways the minority party in Congress can stop passage of a bill. 2. Explain how the House and Senate reach compromises. 3. Describe how a bill can “die” in committee. 4. Analyze the advantages of our lawmaking process.

44. HOW A BILL BECOMES A LAW 5,000 bills introduced per year 150 become laws Bill must go through both House & Senate

45. Terms Filibuster – use of long speeches to prevent a vote Filibuster – use of long speeches to prevent a vote Only occurs in Senate Only occurs in Senate The filibuster protects minority rights, enabling the government to measure and respect not merely numbers but the intensity of political disputes. They enable intense minorities to slow the government juggernaut. But they do not forever deflect the path of democratic government. George Will, Newsweek, 12/6/04 The filibuster protects minority rights, enabling the government to measure and respect not merely numbers but the intensity of political disputes. They enable intense minorities to slow the government juggernaut. But they do not forever deflect the path of democratic government. George Will, Newsweek, 12/6/04 Someone should puncture Republicans’ current triumphalism by reminding them that someday they will again be in the minority. George Will, Newsweek, 12/6/04 Someone should puncture Republicans’ current triumphalism by reminding them that someday they will again be in the minority. George Will, Newsweek, 12/6/04 Cloture – agreement to end debate Cloture – agreement to end debate Requires 3/5 vote to pass Requires 3/5 vote to pass Can be used to stop a filibuster Can be used to stop a filibuster

46. Terms Why filibusters and cloture in the Senate? Why filibusters and cloture in the Senate? Senate’s duty is to “advise and consent” Senate’s duty is to “advise and consent” Filibusters protect the rights of the minorities Filibusters protect the rights of the minorities Prevents the majority from steamrolling over the minority Prevents the majority from steamrolling over the minority Cloture – agreement to end debate Cloture – agreement to end debate Requires 60 votes or more Requires 60 votes or more Forces each political party to reach “across the aisle” to the other party to compromise Forces each political party to reach “across the aisle” to the other party to compromise

47. The End