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Legislative Branch Unit
Legislative Branch Test Thursday 70 questions (70 points) Begin Executive Branch Monday
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Expressed Powers of Congress
Strict constructionists vs. Loose constructionists BORROW SPEND TAX
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Strict Constructionist
Congress should only hold those powers expressly stated in the Constitution, and that implied powers should only be given when shown to be absolutely necessary. Ex. Times of national emergency
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Loose (liberal) Constructionist
Congress should take on any powers that would allow for a more efficient and organized government.
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How Should Members of Congress Vote?
The Senate must vote on an appropriations bill passed by the House. The measure includes earmarks for hospitals and the State college system in Senator Miller’s home state, as well as projects in other states. How should Senator Miller vote? DELEGATE Although Senator Miller personally thinks that it is bad policy to run a deficit, polls show that his constituents support this bill. As a delegate, he would vote for the bill TRUSTEE Senator Miller favors a balanced budget. His constituents trust him. As a trustee, he would vote against this bill because it would contribute to another year of deficits PARTISAN Senator Miller believes that it is important for his party to show that it can get things done. As a partisan, he would follow the party leadership and vote to pass the bill POLITICO As a politico, Senator Miller attempts to balance the views of his constituents, his own personal views, those of his party, and other considerations
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Members of Congress Speaker of the House and Senate Majority Leader most important members because they set the agenda Most members of Congress make $174,000 Speaker of the House makes $223,500 Other leaders make $193,400 Party Whips are the second in command and keep party members in line (and determine how their members will vote)
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How a Bill Becomes a Law A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature (Congress) and, in most cases, approved by the executive branch (President). Once a bill has been enacted into law, it is called an act or a statute. I’m Just a Bill
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The Work of Congress Most bills never become law
Committee Chairmen (head of each committee is usually the longest serving majority party member) Standing Committees are permanent panels 20 in the House, 17 in the Senate Joint Committees have members of both the House and Senate Conference Committees discuss different versions of the same law before it goes to the President
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Bills in the House Thousands of bills are pigeon-holed
Buried, never to be acted upon Riders are provisions that would not usually pass on their own so they are added to larger bills, many times with earmarks Quorum – majority of the full membership (218) is needed to do business The majority of work is done in committee, and most bills die in committee There are very strict rules to debate in the House No longer than 1 hour Engrossed – printed in its final form
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Bills in the Senate The majority of work is done during floor debate
Rules for debate much less strict Filibuster – stalling tactic Record held by Strom Thurmond (24 hours and 18 minutes) against the Civil Rights Act of 1957 Cloture can be invoked by a vote of 60 senators and ends a filibuster (not used very often)
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Presidential Action When a bill passes both chambers
(in exact form), it goes to the President The President has four options: Sign the bill, it becomes law Veto the bill (Congress can override the veto with a 2/3 vote of the full membership of each house) Allow the bill to become law without signing it (automatically after 10 days) Use a pocket veto Congress adjourns within 10 days and the President does not act
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How a Bill Becomes a Law
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How a Bill Becomes a Law…
Act 1: Horrible School Bus Crash Fox River Grove, Illinois (1995)
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Act 2: Five people discuss the need for School Busses to stop at RR tracks. Begin the process to write a “Bill” Act 3: Community Members of Fox River Grove, Illinois contact U.S. Congressman Dan Manzullo about “Sponsoring” their Bill in the House of Representatives. Act 4: Bill introduced to the House. Placed in the Hopper. Read and Titled. Speaker of the House Newt Gingrich sends the bill to the appropriate “Standing Committee” for future discussion. Act 5: Transportation and Infrastructure Committee Chairman John L Mica assigns the bill to the Highways and Transit Subcommittee. Act 6: Subcommittee Chairperson begins the process to investigate the bill. Various Congressmen go on a “Junket” to visit Fox River Grove Bus crash site. Upon return they testify before the committee their findings. Additional people are invited to testify. Act 7: The Fox River Grove Five come to testify on the accident, past calls for action, the devastation its had on the community and their suggestions for future action.
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How a Bill Becomes a Law
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Act 8: The Secretary of the Department of Transportation comes to testify on the total number of unsecured RR crossings in the country. Act 9: Nebraska Department of Transportation director comes to speak regarding methods used by Nebraska that have reduced bus crashes in the state. Act 10: Markup Session takes place. Committee members are each given a copy of the bill in its short original form. Committee members are asked to make revisions, suggestions, appropriate funds, attach riders, etc… to complete the final bill. A few committee members add personal items, like funding for “pet” projects at home. Act 11: Vote in the Committee denied due to lack of consensus on “riders” added unnecessarily. Act 12: Interest Groups and Private Citizens contact their representatives to complain about the holdup in the subcommittee. Three families of dead children from bus go on MSNBC to tell their story and disgust at the holdup in Congress Act 13: Riders removed from the bill and the identical bill is approved by both houses of Congress Act 14: Bill signed into law by the President
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