1. Everything you need to know about the Legislative Branch
Requirements and Duties

2. Legislative Branch=Congress
House of Representatives:
435 members
Bigger states (by population) = more representatives
Each Rep. elected for 2 years
So, every representative runs for reelection every 2 years
Originally, one rep for every 30,000 people in a state, now one rep for about every 400,000.
7 states have only one Representative: Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont and Wyoming.
Went to 435 in 1911
DC, Puero rico and other territorties have a delagate who cannot vote--taxation without representation
Re-elect me in 2012 and 2014 and and 2018

3. Congress= House of Reps + Senate
House of Reps Requirements
25 years old
Live in the state they wish to be elected from
Citizen of the US for 7 years

4. Legislative Branch=Congress
Senate:
100 members
2 from each state
MA: Senator John Kerry (Democrat) and Scott Brown (Republican)
6 year term
So, every two years, 1/3 of the Senate runs for re-election.
Originally, one repfor every 30,000 people in a state, now one rep for about every 400,000.
7 states have only one Representative: Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont and Wyoming.
Went to 435 in 1911
DC, Puero rico and other territorties have a delagate who cannot vote--taxation without representation
Elected 2008
Elected 2010
Elected 2006
Running for reelection in 2012

5. Senate Requirements Senate: Must be 30 years old
Citizen of US for 9 years
Be from that state
Originally, one repfor every 30,000 people in a state, now one rep for about every 400,000.
7 states have only one Representative: Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont and Wyoming.
Went to 435 in 1911
DC, Puero rico and other territorties have a delagate who cannot vote--taxation without representation
Senator Kerry- up for reelection in 2014
Senator Brown- Up for reelection in 2012

6. Issues to ponder
Why didn’t the founders make more requirements for such important jobs?
Why did they make the age/citizenship requirements higher for the Senate?
How would the nation be different if there were more requirements?
Points to ponder-
Should there be educatioon requirement? Experience in business? Military? Wealth?

7. The big job is making laws
Both House of Representatives and Senate can propose laws
A proposed law is called a bill
Proposals must be passed in both the Senate and House before going to President

8. What power does Congress have? What types of laws can Congress suggest?
Article I, Section 8 gives the best summary of the powers:
To provide for general welfare
To borrow money
To make rules about Commerce (trade) with foreign Nations, and among the several States, and with the Indian Tribes;
To establish a rules for citizenship
To make laws on the subject of Bankruptcies throughout the United States;
To coin Money

9. What power does Congress have? What types of laws can Congress suggest?
To promote the Progress of Science and useful Arts, by allowing for patents
To create Post Offices
To create courts other than the Supreme Court
To define and punish Piracies and Crimes committed on the high Seas
To declare War

10. What power does Congress have? What types of laws can Congress suggest?
To raise and support Armies, but money given for military use can only be used two years at a time
To provide and maintain a Navy
To call forth the Militia to carry out the Laws of the US, to put down rebellions and r Invasions;
To set the rules for whatever District as may become the home of the Government of the United States (Washington D.C.)

11. Can Congress make laws about issues/ powers not specifically mentioned in the Constitution?
Can Congress set rules…
about telephone or internet companies?
about health insurance?
setting up Military Academies such as West Point to train members of the military?
requiring a minimum wage?
Points to ponder-
Should there be educatioon requirement? Experience in business? Military? Wealth?

12. Answer: Yes (on most)
Last Sentence of Article I, Section 8 is called the “necessary and proper clause”
Also called “Elastic Clause”---Why?
“Congress shall make any laws necessary and proper to carry out the powers described above”
What it means, part I: If Congress says a law is needed to help them do their job (like “raise and support armies”), it can propose that law EVEN if that power/item is not listed in Constitution.
EX: Military academies help the armies be ready
Most important clause in Consittuiton

13. Answer: Yes (on most)
Last Sentence of Article I, Section 8 is called the “necessary and proper clause”
Also called “Elastic Clause”---Why?
“Congress shall make any laws necessary and proper to carry out the powers described above”
What it means, part II: If Congress can say a power/law they are seeking is basically the same as/ modern version of power listed, they can have it
EX: Creating rules for internet and phone usages is really about communication…same way that post office was in 1700s.
Most important clause in Consittuiton

14. What are pros and cons of Elastic Clause?
Ouch…maybe
He has too
much power?
Like Congress, I have the power to stretch the Constitution to fit new situations.
What happens if some people in Congress feel a power is covered by elastic clause and others don’t?
Health Care legislation is an example of it--some think it connects to general welfare and commerce, while others say that’s too much a stretch and giving Congress powers they shouldn’t have.

15. Do Senate and House have exact same jobs?
90% same, but each has a few unique powers
Proposals about budget spending must start in the House of Representatives
Senators have the power to accept or reject Treaties the President has negotiated
Senators accept/reject candidates President chooses to be on Supreme Court, cabinet, or ambassadors.

16. Do Senate and House have exact same jobs?
Impeachment: Accusing an elected official with a “high crimes ( major law break)
House gets to decide whether to impeach an official (formally charge him/her with the law breaking)
Senate is the jury when someone is impeached
If someone is found guilty, they are kicked out of office.
Two U.S. Presidents have been impeached: Andrew Johnson (trial) and Bill Clinton (trial). Both were acquitted at trial. Richard Nixon resigned in the face of the near certainty of his impeachment, which had already been approved by the House Judiciary Committee.

17. Misc. Facts
Congress has to meet in formal session at least once a year
Congress has to keep a record of the votes on proposals as well as summaries of debates on proposals
Congress CANNOT require someone to be put in jail without being told the reason (habeus corpus)
Congress CANNOT punish someone do breaking a law if the action happened before the law was passed (ex post facto laws)