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The Legislative Branch
Room 272 Goes to Washington The Legislative Branch
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Two Houses of Congress Bicameral for a reason a. Check and balance each other – keeps Congress from passing laws in haste or unwanted by people
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House of Representatives
435 members called “representatives” Representation based on each states population, get at least 1 1911 Congress limited size to 435 members total Wyoming has 1 member of the house Population=544,270
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How Membership is Divided
Seats are apportioned – distributed based on yr census Congress distributes seats among states based on population Pop. of state - less representatives, pop. - more rep. Total number can never exceed 435
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How Membership is Divided
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Congressional Districts
Each representative is elected from a district State legislature is responsible for dividing up state with equal population in regards to the number of seats in the House Gerrymandering – making district lines in favor of a political party – often results in oddly shaped districts.
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Congressional Districts
Gerrymandering
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Electing Representatives
Elections in November of even years (2006,2008,2010,2012,2014,2016) 2 year terms Special election if death or resignation of representative by that state No limit to number of terms in office – as result of Supreme Court
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Senate Every state gets 2 representatives called Senators
Senate has 100 members – 2 per state (50 states)
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Senate Senators elected for 6 year terms a. November elections of even years (2004,2006,2008,2010) b. 1/3 rotate every election year (2/3 w/ prior experience) c. Senior Senator is one that has been there longest d. Special election if death or resignation of representative by that state or governor of that state appoints someone until election No limit to number of terms in office – as result of Supreme Court
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Qualifications of Members
House of Representatives a. 25 yrs old b. 7 yrs a US Citizen c. Legal citizen of state represented Senators a. 30 yrs old b. 9 yrs a US Citizen c. Legal citizen of state represented
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Salary and Benefits Yearly salary of $174,000.00
27th Amendment allows Con. to raise pay rate for Rep. and Sen. Get money to pay office staff Speaker of the house makes $223,000 a year
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Salary and Benefits Free trips to home states
Franking privilege – mail official letters free of charge Cannot be arrested in route to or from a meeting (unless serious crime) Congressional Immunity – legal protection so they can not be interfered with while working Cannot be sued while speaking in office (speak freely while on floor)
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Rules of Conduct Expulsion can occur if treason (betraying or endangering one’s country) or conduct unbecoming of Congress Censure – less serious offence – member must stand in front of House or Senate and listen to charges
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The Legislative Branch
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Republicans vs. Democrats
Established In 1854 Also called the GOP Grand Old Party Conservative Value traditional ideals Prefer freedoms and democracy Prefer limited government role in social and economic life Democrats Established in 1792 Longest standing political party in world Favor lower taxes and more government role in daily lives Favor equality among all people Favor social reform and international cooperation in foreign affairs
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How Congress is Organized
Congress of 2016 is …….. 114th Congress
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Terms and Sessions Regular sessions(meetings) in each term of Congress
1st begins January 3 in the odd-numbered years following election 2nd begins January 3 of next year
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Terms and Sessions Sessions usually last January to September, but lately longer Both houses agree on date to adjourn President of U.S. can call Congress to special session for important issues President can call just one house House and Senate can meet together – joint session
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Organization 3 Main Congressional Officers Speaker of the House
Paul Ryan (R) V.P. as head of Senate Mike Pence(R) Senator to preside for V.P. absence (Pres. ProTempore) Orin Hatch (R)
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Political party with more members on Congress
Majority Party Political party with more members on Congress Senate – Republicans (52) Rep House – Republicans (241)
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Political party with less members in Congress
Minority Party Political party with less members in Congress Senate – Democrats (46) Independent (2) House – Democrats (194)
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Leaders of the House Speaker of the House – presiding officer of House (Paul Ryan) Most powerful officer – no representative can speak until called upon Earns $223, per year Speaker is member of majority party Floor Leader – guides proposed laws through Congress Majority leader is leader of “bigger” party - $193, per year Minority leader is leader of “smaller” party - $193, per year
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Leaders of Senate V.P. is head of Senate
V.P. is not a Senator, so cannot vote unless tie President pro tempore – fills in when V.P. cannot be at meetings (Orin Hatch rep. Utah) Customarily the longest active member of majority party
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How a Bill becomes a Law
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The Legislative Branch
The Powers of Congress
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Congress House of Representatives Senate East Front
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Most important responsibility
The Powers of Congress Most important responsibility Make Laws
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Powers Granted to Congress
Article 1, Section 8 of Constitution outlines powers
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Powers Granted to Congress
Delegated powers – powers delegated for Congress only Financing Government – raise and collect taxes, coin money Regulating and Encouraging U.S. Trade and Industry – establish Post Offices, regulate trade, builds roads, protects ships at sea Defending the Nation – declare war and maintain armed forces Enforcing Laws – enforce counterfeiting and treason, establish court system Providing for Growth – govern U.S. territories, regulate immigration and naturalization
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Implied Powers Implied powers – powers Congress stretches to include
Set up training facilities for armed forces, set minimum wage Article 1, Section 8 – allows Congress to “stretch” and make laws regarding their powers Also called “the necessary and proper clause”
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Power to Impeach Accuse high officials of serious crimes against nation and have trial Treason – an act that betrays or endangers one’s country Steps in Impeachment Charges drawn up and read in House Representatives vote 2/3 majority = accusation (impeachment) Trial held in Senate V.P. acts as judge unless Pres. is on trial Senate vote guilty or not (2/3) 17 Federal officials have been impeached 3 Presidents – All three not guilty 35 total impeachment attempts
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Special Powers House of Representatives Start impeachment process
All bills for raising $ start here House can choose Pres. if not enough Electoral College vote
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Special Powers Senate Hold impeachment trials
Treaties and written agreements must be 2/3 approved and signed here Certain high officials appointed by Pres. must get approval
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Limits on Powers Supreme Court decides when Congress “over-stepped” powers 10th amendment – power given to states (marriage, education, elections)
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Limits on Powers Article 1, Section 9 of Constitution says what cannot do: Passing Ex Post Facto Laws – law that applies to an action after it took place (“grand fathered”) Passing Bills of Attainder – law that sentences a person to jail without trial Suspending the Writ of Habeas Corpus – having the accused brought to court to determine if there is enough evidence for prosecution Taxing Exports – cannot tax goods going to other countries
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Limits on Powers Passing Laws Violating the Bill of Rights
Favoring Trade of Senate – giving states unfair trade advantage Granting Titles of Nobility – no Noble class Withdrawing $ without a Law – must say why using $
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Other Roles of Congress
Helping Constituents – serve interests of people living in home states and districts Conducting Investigations – Either house may investigate issues and make laws regarding the issues (ex. Copyright infringements with Napster)
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Terms and Sessions
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