1. The Legislative Branch
UNIT FOUR

2. Legislative Branch Review
Functions:
Lawmaking,
Representing the people,
Performing oversight,
Helping constituents,
Educating the public

3. Legislative Branch Review
2. Powers of Congress Include:
Levy and collect taxes for defense and general welfare
Borrow money
Regulate interstate and foreign trade
Determine naturalization and bankruptcy laws
Coin and print money, set its value and punish counterfeiters
Establish standard weights and measures
Establish post offices and post roads
Make patent and copyright laws
Create a federal judiciary under the Supreme Court
Define and punish piracy and uphold international laws
Maintain a military, Oversee the militia and Declare war
Oversight and investigation of agencies and officials

4. Legislative Branch Review
3. Members
Senate
1. Qualifications
a. 30 Years Old
b. American citizen for 9 years
c. Resident of state elected
2. Method of Selection – Election by the people
3. Term of office – 6 years
4. Members per state – 2
5. Powers exclusive to the Senate
a. Confirm Presidential appointments
b. Approve/reject treaties
c. Acts as the Jury for impeachment trials
d. Selects the Vice President if the Electoral College fails

5. Legislative Branch Review
B. House of Representatives
Qualifications
25 years old
U.S. Citizen for 7 years
Resident of state elected
Method of Selection – Election by the people
Term of Office – 2 years
Members per State – Based on population – 435 total
Powers exclusive to the House
Originates revenue bills (taxes)
Initiates the Impeachment process
Elects President if Electoral College fails to do so (voting by state delegations for one of the top three finishers, a majority of the states needed for election)

6. Voting Options
Trustees- each decision is made on its merits. Judge independently.
Delegates- vote the way “the folks back home” would want.
Partisans- vote with your party
Politicos- balance of the above

7. The U.S. Congress in Brief
Bicameral
Senate
100 members
Six year terms
More prestigious
House
435 members
2 year terms
Reapportioned after each census

8. Congressional Duties 1. Legislators 2. Committee members
3. Representatives of their constituents
4. Politicians/Statesmen/Stateswomen

9. Officers of the Legislative Branch
President of the Senate-
V.P. Mike Pence –R- Indiana
Less power
Presiding officer but may not speak or debate
President pro tempore
Resides in V.P.’s absence
Elected by the Senate
Majority Party
Currently: Charles Grassley, R - Iowa

10. Officers of the Legislative Branch
Senate Republican Majority Leader:
Mitch McConnell, R – Kentucky
Senate Democratic Minority Leader:
Chuck Schumer, D – New York

11. Officers of the Legislative Branch
Speaker of the House
Currently: Nancy Pelosi, D - California
Presiding officer of the House
Job: chairs Rules Committee, acknowledges speakers, signs bills, appoints committees, calls a vote.

12. Officers of the Legislative Branch
Floor leaders:
Majority and Minority in the House and Senate (Democratic majority as of January, 2019)
Kevin McCarthy Steny Hoyer
R – California D - Maryland
Legislative strategists
Assisted by Majority and Minority Whips

13. Officers of the Legislative Branch
Committee Chairmen
Heads of standing committees
Chosen by majority members
Usually selected by seniority rule
Set the agendas for their committees
Can pigeonhole bills they don’t approve
Some are quite powerful: ex. House Ways and Means (starts all tax bills); Senate Judiciary (approves all federal judges)

14. Committees in Congress
Standing committee: permanent groups which all similar bills could be sent. (Ex. Appropriations Committee)
Select committee: a special group set up for a specific purpose for a limited time. (ex. Senate Watergate Committee)
Joint Committees: includes members from both houses.

15. Committees in Congress
Informal groupings- Black Caucus, Democratic Study Group, House Republican Study Group, Pro-Life Caucus, etc.
Conference Committee- temporary joint body to iron out different versions of a bill

16. How does a Bill become a law?
Bills- proposed laws, or drafts of laws presented to the House or Senate for enactment.
Two types:
Public- measure applying to the nation as a whole- (tax bills)
Private-only apply to certain persons or places rather than to the nation generally.

17. How does a Bill become a law?
Only members may introduce bills.
The clerk of the house numbers each bill and gives it a short title.
The bill is referred to a standing committee, where most bills die.
Discharge petition: enables members to force a bill to floor action that has been in committee 30 days.

18. How does a Bill become a law?
Subcommittees: divisions of existing committees, holds public hearings or may take a junket, or trip to an area affected by a measure.
Committee’s choices
“do pass”
Pigeonhole: refuse to report
Support with unfavorable recommendation.
Report a committee bill - modified

19. How does a Bill become a law?
The House Debates the bill
The House votes on the bill
Amendments can be added during this time.
Voting is now electronic
Same process in the Senate
If versions are the same it goes to the President.
If versions are different it goes to a Conference Committee.

20. Tools For Delay in Congress
Filibuster: an attempt to “talk a bill to death” in the Senate (traditionally, Senators can hold the floor for as long as they wish as long as they stand and keep talking).
Record: Senator Strom Thurmond: held the floor for 24 hours in an attempt to kill the Civil Rights Act of 1957.

21. Tools For Delay in Congress
Cloture – a measure in the Senate to close debate and bring a measure to a vote
60 votes (3/5 majority) is necessary to invoke cloture
In the House, bills are given a set time for debate and a set number of promoters and opponents determined by the Rules Committee – no filibusters

22. Final Approval of a Law
When a bill has been approved by both Houses, and/or reconciled by a Conference Committee it is sent to the President for his signature
If the President signs it, the bill becomes law
The President can also veto the bill, usually with a message explaining his reasons, or “pocket veto” the bill (take no action and in the meantime Congress adjourns)
Congress can override the veto by a 2/3 vote in both Houses – the bill is now a law

23. Congress and the Amendment Process
For proposed Constitutional Amendments, Congress must approve the measure by a 2/3 vote of both Houses
The proposed Amendment is sent to the states, nowadays with a time limit for final passage (normally 7 years)
If ¾ of the states approve the measure the Amendment becomes part of the Constitution