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Everything You Need to Know About the Legislative Branch
Article I The Legislative Branch Everything You Need to Know About the Legislative Branch
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Article I- The Legislative Branch REQUIREMENTS
The House of Representatives Minimum of 25 years of age U.S. citizen for 7 years Resident of the district they represent The Senate Minimum of 30 years of age U.S. citizen for 9 years Resident of the state they represent
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Article I- The Legislative Branch TERMS
The House of Representatives 2 year terms (All up at the same time) 435 total members (this # is set by law) Direct elected Representation proportioned by population The Senate 6 year terms (staggered-1/3 of Senate is up for reelection every 2 years) 100 total members (this # is set by Constitution) Equally represented (2 per state) State Leg. elected orig. 17th Amendment- Direct elections
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Article I- The Legislative Branch ENUMERATED POWERS- Article 1, Section 8
War Powers -Declare War -To raise and support armies -To provide and maintain a navy -To provide for organizing the militia Financial Powers -To lay and collect taxes, duties to pay debt -To borrow $ -To regulate interstate and foreign commerce -To coin $ -Punish counterfeiting Governmental Powers -To establish rules of naturalization -To establish post offices -To establish and enforce patents -To define and punish piracy and other crimes against the nation- TREASON -Establish courts The Elastic Clause To make all laws which shall be “necessary and proper” WHY IS THIS POWERFUL????
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Article I- The Legislative Branch OTHER POWERS
Impeachment -HOUSE: Impeaches -SENATE: Holds trial (2/3) Power of the Purse: Congress controls the purse strings Proposition of Constitutional Amendments -Must pass both houses by 2/3 majority POWERS DENIED= CONGRESS MAY NOT.. Ex Post Facto laws Bills of Attainder Suspension of Habeas Corpus
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Major Functions of Congress
Representation Delegate Theory vs Trustee Theory At Large vs Single District Representation Individually Responsive, not Collectively Responsive Lawmaking a. Pork Barrel b. Logrolling Oversight- Power to investigate Confirmation & Ratification (Senate only)
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Legislative Checks On the Legislative Judicial Checks On the Executive
* Can propose amendments to overrule judicial decisions * Approves appointments of federal judges * Confirms executive appointments * Can impeach and remove judges * Can override President’s veto (2/3) * Create lower federal courts * Can impeach and remove President * Appropriates money * Ratifies treaties (2/3) Judicial Legislative
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Article I- The Legislative Branch Leadership
SENATE -Vice President *only power is to break ties -President Pro Temp *figure head position -Majority Leader (MOST POWER)/Minority Leader -Majority/Minority Whips
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SENATE LEADERSHIP Only in case of a tie VP Ceremonial POWER
Pres. Pro Tempore POWER MAJ. LEADER MIN. LEADER MAJ. WHIP MIN. WHIP OTHER LEADERSHIP POSITIONS HOW DO THEY SELECT LEADERSHIP POSITIONS
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Article I- The Legislative Branch Leadership
HOUSE -Speaker of the House (MOST POWER) elected to position by majority party -Majority Leader / Minority Leader -Majority/Minority Whips
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HOUSE LEADERSHIP POWER SOTH HOW DO THEY SELECT LEADERSHIP POSITIONS
MAJ. LEADER MIN. LEADER MAJ. WHIP MIN. WHIP OTHER LEADERSHIP POSITIONS HOW DO THEY SELECT LEADERSHIP POSITIONS
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The Legislative Branch & Congress
SHOULD CONGRESS LOOK LIKE AMERICA?
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Facts About the 115th Congress
AVERAGE AGE Senate- 61 years House- 57 years HOUSE MEMBERSHIP Democrats- 193 Republicans- 240 (2 Vacant) SENATE MEMBERSHIP Democrats- 48 Republicans-52 Independents- 2 (Angus King, Bernie Sanders) AVERAGE LENGTH OF SERVICE House- 9.1 years Senate- 10.4years
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SENATE HOR
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American Demographics
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How A Bill Becomes a Law
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General Knowledge Founders believed in a SLOW process
Founders believed efficiency was a trait of an oppressive government Founders purposely created a system where it was difficult to pass legislation…WHY? It forces COMPROMISES and DIALOGUE
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5 SETS OF POLITICAL FORCES
POLITICAL PARTIES COMMITTEES CAUCUSES RULES OF LAWMAKING THE PRESIDENT
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Step 1 Every Bill starts out as an idea
These ideas can come from Congress, private citizens or from the White House Special Interest Groups may also try to influence Congress to write a Bill
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Step 2 Every Bill must start out and be introduced by a Congressman – either a Senator or a House Member Every Bill is given a title and number when it is introduced – H.R.1 or S.1
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Step 3 After it is introduced, each Bill is then sent to the standing committee that seems most qualified to handle it.
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Step 4 Committees receive hundreds of Bills and they decide the life or death of these bills Those that hold merit are sent to a subcommittee to research (public hearings may be held)
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Step 5 The subcommittee will report to the standing committee who will decide if the Bill should Pass without changes Have changes and pass it along Replace the Bill with a alternative one Kill the Bill
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Step 6 If a Bill is approved by the committee, then it is ready for consideration by the full House or the Senate. When Bills reach the floor, the members argue their pros and cons The Senate (only) can add riders The Senate also allows filibusters which can only be stopped by a 3/5ths vote for cloture
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Step 7 When members of Congress are ready to vote they may do so by
Voice Vote Standing Vote Roll-call or today’s Computerized Vote A simple majority is all that is needed to pass a Bill. If either house refuses to pass it, it dies The Bill must be passed in identical formats in both houses – conference committees may be needed
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Step 8 Presidential Action is the final step Veto: refuse to sign
Congress can override the veto with a 2/3rds vote in each house – very unlikely Sign the Bill into Law Do nothing for 10 days In session – the Bill becomes a Law Out of session – the Bill dies – POCKET VETO
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The End
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