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Congress Introduction
Why do we have a bicameral legislature?
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Bicameral Legislature: Legislative Institution split into 2 parts
Congress 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. Bicameral Legislature: Legislative Institution split into 2 parts Article I is all about how the Legislative Branch operates. That legislative branch will be bicameral, meaning it will have 2 houses/chambers known as the Senate and the House of Representatives. This will provide an additional separation of powers and intrabranch checks.
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1.The Connecticut Compromise (AKA The Great Compromise
Fairness to big and small states One chamber (or house), the House of Representatives, gives big states more power in Congress because it is based on population (435) Texas sends 36 Representatives, who each get one vote. Ca: 53 Montana: 1 The other chamber (house), the Senate, gives small states more power in Congress because it gives equal power to each Senator by having 2 senators from each state (100), each getting one vote
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Other reasons for a bicameral legislature
2. Following British tradition (their parliament has 2 chambers) 3. Additional, intra-branch checks and balances
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Make T-Chart (entire page, though we will only do part of it today)
The House of Representatives The Senate
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Read Article I: Sec 2 and 3 to find the following for each chamber and complete t-chart
Term length (how long in office once elected) Frequency of election (how often are elections to this house 3 qualifications to be elected Originally how the members were chosen Today how the members are chosen
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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. No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment. As indicated by first few words, this section is about the House. Elections to this body will occur every 2 years, directly by the people. There are certain requirements to be eligible for this office: 25 years old, 7 years citizen, reside in state (and district). Each state gets at least one representative. The total number of representatives a state has is a reflection of the size of the population, and there will be a census every 10 years to determine that. There are 435 today, and this remains regardless of population growth. Only state additions would change it. If a representative can no longer serve, the vacancy will be filled by the governor’s appointment. There will be a Speaker of the House, as a leader of the body. The House has the power of impeachment, which means to formally accuse a public official of a crime.
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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. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies. No Person shall be a Senator who shall not have attained to the Age of thirty of that State for which he shall be chosen. Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States. The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. Senate will have 2 senators from each state, giving state equality. They will be chosen by state legislature and hold office for 6 year terms. This was changed by 17th Amendment which has senators elected directly by people of the state So that the Senate does not experience total, sweeping change in membership, elections for Senate will be done in waves: Every 2 years there will be elections for 1/3 of the Senate. Therefore, every 2 years only senate seats are open and the remaining 65 – 70 are not open. Requirements for eligibility: 30 yrs old, 9 yrs citizen, resident. Tie braking votes will be made by VP, who normally need not vote. VP is head (technically) Other leaders will be chosen: President Pro-tempore, etc. Senate tries impeachment, and needs 2/3 to convict. If pres is being tried, then Chief Justice will preside. If conviction occurs, removal and normal criminal proceedings (no decapitation!)
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Check your chart House of Representatives Senate 2 year terms
Elections every 2 years Directly elected by people Must be 25, 7 yrs citizen and reside in district # of Representatives from each state based on population (36 from Texas, 1 from Montana) Sole power to impeach (charge public official with crime 6 year terms Elections every 2 years for 1/3 of Senate seats Originally indirectly elected by state legislature, now directly elected by people b/c of 17th Amendment Must be 30, 9 yrs a citizen and reside in state 2 senators per state Conducts impeachment trial and needs 2/3 of Senate votes to convict
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Explain which chamber is closer to the people and which is more elite?
House of Representatives Senate Shorter terms Always directly elected Each representative represents a smaller population Each representative has less voting power because there are Representatives in the House Lower qualifications Longer terms Staggered elections make it so the whole senate can’t be voted out at once Originally chosen by other elected officials (not the people) Each senator represents a whole state Each senator has more voting power because there are only 100 senators total
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How a bill becomes a law (Article I, Sec 7)
Make chart Video
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Write Summary (a guide for you) Why do we have a bicameral legislature?
Option 1 Option 2 Sentence 1: fair to both big and small states Sentence 2: represents the people, but not too much Sentence 3: adds additional checks and balances Sentence 1: allows for balanced representation Sentence 2: stability and gridlock
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