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Chapter 8 The Legislative Branch (Congress)
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Section 1 The Members of Congress
Article I of the Constitution establishes the legislative branch Congress’ main responsibility is to make laws Each member of Congress represents his/her constituents and are their voices in Congress Constituents: the people in their district or state
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There are two houses in Congress
Bicameral
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The House of Representatives
Made up of legislators who serve for two year terms Each number of representatives is proportional to its population There are always 435 House- 25 years, and a citizen for 7 years
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House Apportionment House seats are apportioned among the states every ten years, following the census. Reapportionment—the allocation of seats in the House of Representatives to each state after each census Redistricting—The redrawing of the boundaries of the congressional districts within each state
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Gerrymandering A practice of political corruption that attempts to establish a political advantage for a particular party or group by manipulating geographic boundaries to create partisan, incumbent-protected, and neutral districts
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The Senate Each state has an equal number of representatives, regardless of population Every state has two senators, each serving six-year terms One third of senators are elected every two years to make sure that there are experienced members in the Senate at all times
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Senators and representatives must live in the state in which they are elected
Senators- must be 30, a citizen for 9 years. Members have a few benefits, they receive on average $174,000 a year, they get free postage to their constituents- the franking privilege, and they an allowance to run both offices and paying their staff
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Both Houses May serve as many terms as they are elected to.
Besides making laws and answering to their constituents, Congress must look at the views of members of their party, interest groups that could help finance re-elections, but their main job are as servants of the people
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Both Houses (cont’d) House members were meant to serve the people more closely House members work for the people in their district, while Senators work for the people of their state
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Thom Tillis (R) Est. 2015 Richard Burr (R) Est. 2005 David Rouzer (R) Est. 2015
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Section 2 The Powers of Congress
The major function of Congress is to introduce bills and help transfer those into laws Congress also regulates foreign and interstate (between) commerce or trade
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Congressional Powers Declare war- establish an army and a navy
The War Powers Act was established to limit the power of the president to send troops to battle of the non declared Vietnam conflict The last declared war was WWII!
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Congressional Power Approve the budget-
They may choose to not give the president the money he proposed in his budget Congress has the power to impeach Remove federal officials from office The House impeaches The Senate acts as the jury only A. Johnson and Clinton have been impeached To approve federal appointments by the president The Senate
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Cannot take away the writ of habeas corpus
Congress is limited from passing laws that interfere with citizens’ rights to due process of law. Cannot take away the writ of habeas corpus requires an officer to bring the prisoner to court and show why he is in custody Forbidden from issuing bills of attainder punished without a trial by jury Passing ex post facto laws laws that make a person’s act a crime after the act is committed
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Section 3 How Congress is Organized
Each two-year term of Congress is divided into 2 sessions, one for each year
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House Organization The Speaker of the House is the leader in the House
Is elected from the majority party Presides over the House Has the power to appoint heads of committees
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Senate Organization The vice president is the Constitutional leader of the Senate His power is that of voting in a tie The president pro tempore of the Senate is the Senate’s highest-ranking office The person who has been in the Senate longest They preside over the Senate in the vice president’s absence
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Party Officers Each party has officers in the legislative branch who are elected by its members to coordinate the business of the party in each chamber Both chambers operate under a committee system and each committee has a specific focus A seniority system based on how long a congressperson has served usually determines who heads committees
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The minority leader is from the party with the fewest members
The majority leader is chosen by the party with the most members in that particular chamber The minority leader is from the party with the fewest members They are both assisted by party whips who will consult with and rally support from members of his or her party By custom all these floor leaders have priority to speak in Congress
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Committees There are different kinds of committees Standing- permanent
Select- - for a short time to deal with something that is not covered by a standing committee Joint- made up of members from the House and Senate- investigations Conference- a temporary joint committee that tries to settle differences if two different versions of a bill are passed by each house
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Section 4 Following a Bill in Congress
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Section 4 Following a Bill in Congress
A bill goes through almost the same process in both chambers of Congress A bill is first introduced by a member of Congress and then assigned to a committee for review If the committee decides the bill is not worthy it can kill it or pigeonhole it to be amended
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If the bill passes through the committee it is sent to the full floor for debate
If the bill passes the vote in the first chamber, it is sent to the other chamber If the other chamber passes a different bill then a joint committee must be made to come up with a compromise
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When both chambers approve the same bill, the Speaker and vice president sign it and send it to the president Legislators have ways to prevent a bill from coming up for a vote A filibuster is an unlimited debate- a SENATOR can talk a bill to death as a way to get the person who proposed it to withdraw it To defeat a filibuster, the Senate can use a cloture which requires a 3/5’s vote which will place a time limit on Senators
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In order for a bill to become law it must pass both house and then be signed by the president
The president has veto power- rejecting a bill If the president vetoes a bill then it can be sent back to Congress and they can override it with a 2/3s vote The president can also pocket veto- not sign a bill into law, after 10 days, if Congress is in session
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