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The Legislative Branch
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Representative Democracy
What is the governments function in a democratic society? Translating the public will into public policy in the form of law James Madison call Congress “the first branch” of the National Government Why? First and longest article is devoted to Congress
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Bicameral Legislature
Why did the founding fathers create a bicameral legislature? Historical Reasons Practical Reasons Theoretical Reasons
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Historical Reasons British Parliament consisted of two houses since the 1300’s Most of the Framers knew this system Most of the States had already established bicameral legislatures
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Practical and Theoretical Reasons
Needed to settle the conflict between the Virginia and the new Jersey Plans What was this conflict? Theoretical Checks and Balances Saw Bicameralism as a way to diffuse the power of Congress
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Terms and Sessions Each term lasts for two years
First term began on March 4, 1789 and ended two years later 20th Amendment What did you think was the purpose of the later start date?
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Terms and Sessions Cont.
A session of Congress is that period of time in which Congress meets each year and conducts business There are two sessions to each term of Congress Congress adjourns each session as it sees fits Neither house can adjourn without the consent of the other
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The President has the power to prorogue
Has not been used President may call Congress to special session Can call Congress as a whole or individual houses This power is not used much any more
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House of Representatives Qualifications
Formal Qualifications At least 25 7 years a citizen Resident of the state in which elected Informal Qualifications College degree Political Experience Resident of District in which elected
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House of Representatives
435 members of the House of Representatives Set by Congress Seats apportioned based on their population Each state is guaranteed at least one seat Serve two years No limit on the number of terms they can serve
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Reapportionment Reapportion the seats in the House after each decennial census (10 years) The Reapportionment Act of 1929 Permanent size 435 Following each Census the Census Bureau determines the number of seats each state has When plan is ready it is sent to Congress 60 days to approve and for it to become effective
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Congressional Elections
Held on the Tuesday following the first Monday in November of each even-numbered year. Off-year election: held during nonpresidential years
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Districts 435 Districts Single member District General Ticket system
Voters in each district elect its members from many different candidates running for the same spot. General Ticket system Elected from the state as a whole This was done away with
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Gerrymandering 1842 Law required each State to draw their own congressional districts Continuous territory Equal number of inhabitants Compact territory Gerrymandering District drawn to the advantage of the political party that controls the state legislature Concentrate opposing voters To spread the opposition as thinly as possible
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The Senate “upper house”
2 members per State which is set by the Constitution 100 members 6 year term No limit on number of terms they can serve Continuous body
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Election of Senators Originally, the Constitution provide that the State legislators picked Senators 17th Amendment (1913) Senators elected by the voters of the States Senate killed this amendment twice before passing it Senators chosen at-large By the whole state
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Qualifications for Senators
At least 30 Citizen for at least 9 years Inhabitant of State which elected The Senate, like the House, judges the qualifications of its members May exclude a member from the majority vote May refuse to seat a member elected May punish its members by majority vote
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Congress as a Whole Five major roles Legislator
Representative of their constituents Committee members Servants of constituents politicians
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How do they represent the people? On what basis do they vote?
Trustees Believe each question they face must be decided by merits Conscience and independent judgment are their guides Delegates Agents of those who elected them Vote the way “people back home” would want Partisans their views connect with the party Allegiance to political party Politicos Combine basic elements of the first three Balance their views, party views, and what the people want
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Committee members Servants Screen bill proposals
Decide what will go to the floor Over sight function Check to see various agencies in the executive branch are working effectively Servants Help people who have various problems with the federal bureaucracy Ex. Social Security, passports, small business loans
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Compensation Salary Non Salary Compensation Special tax deduction
Generous travel allowances Office in Senate and House building Given money to hire a staff Franking- privilege Mail items without using postage
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Help Wanted Ads Create a want ad for both a member of the House of Representatives and the Senate Include: Qualifications Responsibilities Salary Compensations A Picture Color
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Presiding Officer HOUSE
Speaker of the House must be elected every two years SENATE Vice-President of the U.S. is assigned by the Constitution to be the “President of the Senate”
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Special Powers HOUSE Brings impeachment charges
May choose the President if there is no majority in the electoral system Must start all revenue bills SENATE Acts as jury in impeachment trials (2/3 vote needed) May choose the Vice President if there is no majority in the electoral system Must ratify treaties with foreign nations by 2/3 vote Must approves Presidential appointments (majority needed)
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