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Requirements, Duties, and Characteristics of the Legislative Branch.
Article One Requirements, Duties, and Characteristics of the Legislative Branch.
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Bicameral Legislature Article 1, Section 1: …which shall consist of a Senate and House of Representatives. Our Congress is split in two houses: The House of Representatives has proportional representation (based upon the population of each individual state) The Senate has equal representation
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Bicameral Legislature Article 1, Section 1: …which shall consist of a Senate and House of Representatives. The Senate: 100 people 2 Senators per State Changes only when States are added or subtracted The House of Representatives : 435 people Divided every 10 years to reflect the most current census/population figures
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What is Fair? How should representing the states balance the big and the small?
NJ Plan: Equal Representation Pro: all have equal say. Con: people’s votes aren’t equal. VA Plan: Proportional Representation Pro: people’s votes are now weighted evenly. Con: small states have little say vs Great Compromise: Create a legislature with 2 houses, balance responsibilities between the two, and create a more perfect union of big and small.
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A balance is created between the big and the small states.
In 200o, Bush won more states than Gore, but Gore won more people. Ideally, this example represents the idea of both plans.
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A balance in population is a little more clear here.
This map shrinks/expands each state based on population.
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The Census & Congress The Reapportionment Act of 1929:
Capped the size of the House at 435 The Census 2000 apportionment population was 281,424,177 1990 : Census apportionment shifted 19 seats 2000 : 12 seats shifted from one state to another 2010: US population 308,745,538, million with 12 seats being shifted. South/West trend.
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The Congress decides the method to calculate the apportionment
Several apportionment methods have been used 1st Census – 1790 Census calculated using the method of equal proportions, in accordance with the provisions of Title 2, U.S. Code Used in every census since the 1940 census First, each state is assigned one congressional seat, as provided by the Constitution The apportionment formula allocates the remaining 385 congressional seats one at a time among the 50 states until all 435 seats are assigned The goal of apportionment is to produce the most equitable distribution of congressional seats among the states The method of equal proportions attains this by minimizing the percentage differences in the size of the congressional districts.
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Population Per Representative from 1793 thru 2003
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Total Size of the US House from 1793 thru 2003
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Apportionment Map
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House of Representatives
Characteristics of the 2 Houses Article 1, Section 2 (Clauses 1 & 2); Section 3 (Clauses 1,2 &3) Senate House of Representatives 6 Years Length of Term 2 Years 30 Years Old Age Minimum 25 Years Old Live anywhere in state Residency Requirement Live in district 9 year US citizen Citizenship Requirement 7 year US citizen 100 Total # 435 $174,000 per year. Salary New Jersey (NJ) Plan – favors small states More Like: Virginia (VA) Plan – favors big states All Reps/Senators are elected by direct election – the people vote directly for them.
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Differences Between the House and Senate
The Senate Two year Term 435 members Smaller constituencies Less personal staff Equal populations represented Less flexible rules Limited Debate Policy Specialists Less media coverage Less prestige Less reliance on staff More powerful committee leaders Very important committees Nongermane amendments (riders) not allowed Important Rules Committee Some bills are not allowed to be amended from the floor Six year Term 100 members Larger constituencies More personal staff States represented More flexible rules Extended Debate Policy generalists More media coverage More prestige More equal distribution of power 20 major committees Nongermane amendments (riders) allowed Filibuster allowed
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United States Senate
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Leadership of the Senate Article 1, Section 3, Clause 4: The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. The Vice President “leads” the Senate as the President of the Senate. The Vice President only votes to break ties. The VP does not run day-to-day business Acts as a “presence” to remind the Senate of the President’s wishes and power. Article 1, Section 3, Clause 5: The Senate shall choose their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of the President of the United States.
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Leadership of the Senate Article 1, Section 3, Clause 4: The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. Article 1, Section 3, Clause 5: The Senate shall choose their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of the President of the United States. The Senators also have a president pro tempore. (Orrin Hatch of R – Utah) Only formally takes charge when the VP is not there The highest-ranking official in the Senate
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Our Congress People Are: Senate
Cardin, Benjamin L. - (D - MD) Mikulski, Barbara A. - (D - MD)
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United States House of Representatives
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Leadership of the House Article 1, Section 2, Clause 5: The House of Representatives shall choose their Speaker and other Officers Speaker of the House is voted on by the Representatives. Currently Paul Ryan (R-WI) Considered to be the “most powerful person in the US,” as he controls which bills get voted on and when. Republicans and Democrats also elect leaders to represent their causes, mainly the Minority Leader. Whips: both parties have them – responsible for getting people “on board” with votes.
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Our Congress People Are: House of Representatives
District Name Party Committee Assignment 1 Harris, Andy R Natural Resources Science, Space, and Technology Transportation and Infrastructure 2 Ruppersberger, Dutch D Armed Services Permanent Select Committee on Intelligence 3 Sarbanes, John P. Natural Resources Science, Space, and Technology 4 Edwards, Donna F. Ethics Science, Space, and Technology Transportation and Infrastructure 5 Hoyer, Steny H. Democratic Whip 6 Bartlett, Roscoe Armed Services Science, Space, and Technology Small Business 7 Cummings, Elijah Oversight and Government Reform Transportation and Infrastructure 8 Van Hollen, Chris Budget
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Impeachment Process Article 1, Section 2, Clause 5; Section 3, Clauses 6 & 7
“The Act” President/Judge Commits Impeachable Act “high crimes, felonies, or treason” House House must investigate claims of wrongdoing. House must vote in favor of impeachment. Senate/ SCOTUS Senate then directs proceedings (like a court case). Chief Justice oversees case, proceedings. Verdict 3 possibilities Guilty – Official asked to leave position Acquittal (“Not Guilty”) – Nothing happens Censure – a minor punishment for doing something wrong, but not that wrong.
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Other Requirements Article 1, Sections 4, 5, & 6
Since 1872, Congress requires all states to hold elections for Senators and Reps on the same day Rules are set (and are very long and detailed) Each house sets quorum: Senate : 51members House : 218 members
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Other Requirements: Quorum Article 1, Sections 4, 5, & 6
A quorum is the minimum number of members of a deliberative assembly : a body that uses parliamentary procedure, such as a legislature necessary to conduct the business of that group. According to Robert's Rules of Order Newly Revised, Tenth Edition, the "requirement for a quorum is protection against totally unrepresentative action in the name of the body by an unduly small number of persons." The term quorum is from Middle English wording of the commission formerly issued to justices of the peace, derived from Latin quorum, "of whom."
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Other Requirements Article 1, Sections 4, 5, & 6
Congressional Record – all votes, speeches and actions are recorded everyday and available to the public (now online) Cannot be arrested or sued (immunity) for something they say during debate, unless it is a criminal act Cannot hold another government job while serving in Congress
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Congress’ Primary Job: Make Laws Article 1, Section 7: Law Making Process
Vesting clause: all the government’s power to write laws lies in the legislative branch. Nowhere else.
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“How a Bill Becomes a Law”
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Enumerated powers of Congress Article 1, Section 8, Clauses 1-18: Congress shall have the power…
Collect Taxes for the common defense and general welfare Taxes must be the same in all parts of the country. Also gives Congress power to spend money. Borrow money through bonds bought by Americans. Establish laws on Naturalization: The process by which an immigrant becomes an American citizen. Regulate all trade (between states or countries).
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Enumerated powers of Congress Cont… Article 1, Section 8, Clauses 1-18: Congress shall have the power… Coin Money! Determine the value of each piece. Also regulates weights and measures. Punish counterfeiting. Establish Post Offices, delivery of mail. Develop a system of patents and copyrights. Establish courts. Congress determines the number of courts and judges at each inferior, or lower court (as in lower than the Supreme Court).
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Enumerated powers of Congress Cont… Article 1, Section 8, Clauses 1-18: Congress shall have the power… Military Powers: Declare War: The President may NOT do this! Create an Army, Navy. Make rules and raise/spend money for it. Call for the militia (or National Guard) to defend nation. Elastic Clause – Congress’ greatest power! “make all laws necessary and proper.” Congress can make laws it feels are needed. Also called the “general welfare” and “necessary and proper” clause.
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Filibuster…… A means by which senators can extend debate on a bill in order to prevent or delay its consideration. A senator refuses to give up the floor in order to prevent a vote.
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Congress is May Not: Article 1, Section 9: Powers denied to the Federal government.
Suspend Habeas Corpus Create Ex post facto laws EPF laws are created to punish something LEGAL by making a new law to make that act ILLEGAL. You cannot be arrested for actions in the past. Create a Royalty Tax Exports Spend money without passing a law first Pass bills of attainder A legislative act declaring a person guilty with no trial.
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The State of Maryland…. Maryland has a Bicameral legislature
Maryland Senate Maryland House of Delegates Maryland’s law making body is called the General Assembly The General Assembly has 47 Senators and 141 Delegates elected from 47 districts. Each districts sends one senator and three delegates to Annapolis.
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Characteristics of the 2 Houses
MD Senate MD House of Delegates 4 years Length of Term 25 Age Minimum 21 1 year in the state & 6 months in the district he represents Residency Requirement 47 Total # 141 $43,500 Salary
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Maryland Leadership: Thomas V. Mike Miller(D) Senate President
Michael E. Busch, (D) House Speaker
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Our Assembly People Are... Senate
Executive Nominations Committee (NOM) Rules Committee (SRU) Reapportionment and Redistricting Committee Budget and Taxation Committee (B&T) Capital Budget Subcommittee Public Safety, Transportation, and Environment Subcommittee Sen. Richard F. Colburn(R), District 37
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Our Assembly People Are... House of Delegates
Del. Adelaide C. Eckardt (R), District 37B Appropriations Committee (APP) Capital Budget Subcommittee Health and Human Resources Subcommittee Oversight Committee on Pensions
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Our Assembly People Are... House of Delegates
Del. Jeannie Haddaway-Riccio (R), District 37B Economic Matters Committee (ECM) Business Regulation Subcommittee Property and Casualty Insurance Subcommittee Public Utilities Subcommittee
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