1. Chapter 5 The Legislative Branch
American Civics
4/20/2017
Chapter 5 The Legislative Branch
Section 1: The Senate and the House of Representatives
Section 2: How Congress Is Organized
Section 3: The Powers of Congress
Section 4: How a Bill Becomes a Law
Chapter 5

2. Section 1: The Senate and the House of Representatives
The Main Idea
Congress is divided into two houses, the Senate and the House of Representatives, and its members have certain qualifications.
Reading Focus
What are the two houses of Congress?
What are the qualifications, salaries, and rules of conduct for members of Congress?

3. Two Houses of Congress
Congress is the lawmaking body of the federal government
bicameral legislature
a lawmaking body of two houses
Senate
House of Representatives
The framers of the U.S. Constitution wanted to make sure that both small and large states would be fairly represented

4. The House of Representatives
# based on the state’s population
Each state is entitled to at least one representative
Washington, D.C., Guam, American Samoa, and the Virgin Islands each have one nonvoting delegate in the House

5. House of Representatives Cont.
Limited to 435 members
Census determines apportionment
Elected by congressional district voters
Decided by states
Equal populations
Gerrymandering– Drawing district lines that favor a particular political party, politician, or group of people.

6. The House of Representatives Cont.
Elections for member held in November of each even-numbered year.
two-year terms
If a representative dies or resigns before the end of a term, the governor of the representative’s home state is required to call a special election to fill the vacancy.

8. The Senate each state is represented by two senators = 100 senators
Six-year terms
Elections are held in November of each even-numbered year.
Only one-third of the Senate’s membership comes up for election every two years
Organizing elections in this way ensures that at least two-thirds of the senators have prior experience

9. The Senate cont….
If a senator dies or resigns before the end of a term
Must be replaced
Most states allow the governor to appoint a person to fill the vacancy
No term limits exist

10. Members and terms lengths in the House and the Senate:
Section 1: The Senate and the House of Representatives
Members and terms lengths in the House and the Senate:
The House of Representatives has 435 members, who serve two-year terms.
The Senate has 100 members, two for each state, who serve six-year terms.

11. Districts are apportioned according to population every 10 years
435
100
Districts are apportioned according to population every 10 years
State legislators draw district boundaries to favor a particular political party, politician, or group of people
two years
six years
one-third

12. Qualifications and salaries in the House and Senate:
Section 1: The Senate and the House of Representatives
Qualifications and salaries in the House and Senate:
Representatives: must be at least 25 years old, a U.S. citizen for at least seven years, and a legal resident of the state they represent
Senators: must be at least 30 years old, a U.S. citizen for at least nine years, and a legal resident of the state they represent
The yearly salary is $165,200.

13. Section 1: The Senate and the House of Representatives
Benefits
Offices in the Capitol Building
Allowance to pay staff members
Free trips to their home states
Allowance for local district offices & stationary
Franking privilege– the right to mail official letters or packages free of charge
Immunity or legal protection

14. Rules of Conduct: Seating qualifications?
American Civics
4/20/2017
Section 1: The Senate and the House of Representatives
Rules of Conduct:
Seating qualifications?
Violations of Codes of Conduct
May lead to expulsion, removal from Congress, with a vote of two thirds of other members
May lead to censure, formal disapproval of a members actions
Expulsion is the most serious form of disciplinary action that can be taken against a Member of Congress
Censure, a less severe form of disciplinary action, is an official sanction of a member that does not remove a member from office.
presently, the disciplinary process begins when a resolution to expel or censure a Member is referred to the appropriate committee. In the House, this is the Committee on Standards of Official Conduct (House Ethics Committee); in the Senate, this is the Select Committee on Ethics (Senate Ethics Committee)
The committee may then ask other Representatives or Senators to come forward with complaints about the Member under consideration or may initiate an investigation into the Member's actions. Sometimes Members may refer a resolution calling for an investigation into a particular Member or matter that may lead to the recommendation of expulsion or censure.
Voting to expel requires the concurrence of two-thirds of the members present and voting.
In the entire history of the United States Congress, 20 Members have been expelled: 15 from the Senate and five from the House of Representatives (of those one member's expulsion, William K. Sebastian of Arkansas, was posthumously reversed).
Because the bulk of the expulsions were expulsions of Southern sympathizers during the American Civil War, 19 of the 20 expulsions involved a member of the Democratic Party, with the only exception pre-dating the founding of the modern political parties. Censure has been a much more common form of disciplinary action in Congress over the years, as it requires a much lower threshold of votes to impose.
17 members — were removed from office for their support of the Confederacy in the immediate aftermath of secession.
Chapter 5

15. outside income limited
American Civics
4/20/2017
at least 25 years old, U.S. citizen for at least seven years, legal resident of the state that is represented
at least 30 years old, U.S. citizen for at least nine years, and legal resident of the state that is represented
outside income limited
disclose financial holdings
There have only been three other expulsions. In 1797, Senator William Blount of Tennessee was expelled for treason, with charges centering on a plan to incite the Creek and Cherokee to aid the British in conquering the Spanish territory of West Florida. Blount remains the only Senator to be expelled for a reason other than supporting the Confederacy.
in 1980 Representative Michael Myers of Pennsylvania was expelled for bribes in connection with the Abscam scandal. In 2002, Representative Jim Traficant of Ohio was expelled after he was convicted on numerous counts of bribery, racketeering, and tax evasion.
There have been numerous other attempts at expelling members of Congress. In many of those instances members under serious threat of expulsion resigned
A Republican-led task force formally dismissed a vote fraud challenge to the election of Rep. Loretta Sanchez (D-Calif.) yesterday, ending a 14-month investigation denounced by Democrats as a "witch hunt" designed to frighten Latino voters and keep them away from the polls.
Censure is formal disapproval of a member’s actions. Expulsion is removal of a member from office.
Chapter 5

16. removing a member from Congress
SECTION 1
Question: In what ways does Congress deal with misconduct by its members?
Legislative Misconduct
HOW
DESCRIPTION
written reprimand
Censure
removing a member from Congress
Expulsion

17. Section 2: How Congress Is Organized
The Main Idea
Congress is organized in a way that allows its members to consider and pass legislation without each member having to do everything.
Reading Focus
What are the terms and sessions of Congress?
How is Congress organized?

18. Terms and Sessions Section 2: How Congress Is Organized
American Civics
4/20/2017
Section 2: How Congress Is Organized
Terms and Sessions
Congress must meet at least once a year
2 Sessions– One for each year of a term
20th Amendment- Jan. 3 at noon on odd numbered years
Adjourns when both houses finish their legislative work
Pres. may call special sessions
Occasionally meet in joint sessions
Chapter 5

19. Congressional Sessions
Section 2: How Congress Is Organized
Congressional Sessions
Two sessions per term
Sessions begin in January each year, and a date to adjourn is agreed upon.
Sessions usually adjourn in August or September.
The president may call a special session when necessary.

20. American Civics
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the president
Chapter 5

21. Section 2: How Congress Is Organized
The Main Idea
Congress is organized in a way that allows its members to consider and pass legislation without each member having to do everything.
Reading Focus
What are the terms and sessions of Congress?
How is Congress organized?

22. Organization of Congress
Section 2: How Congress Is Organized
Organization of Congress
The Constitution has only three rules about how Congress should be organized
it directs the House of Representatives to select a presiding officer
it names the vice president of the United States as president of the Senate
it calls for the selection of a senator to preside in the vice president’s absence

23. Organization of Congress
Section 2: How Congress Is Organized
Organization of Congress
Caucuses
private party meetings
members of each house choose their own leaders
The political party that has the most members in each house is
known as the majority party
The political party that has fewer members is called the
minority party

24. Organization of Congress
Section 2: How Congress Is Organized
Organization of Congress
Organization of the Senate
VP does not usually preside over the daily meetings of the Senate
President pro tempore
the majority party elects one of its member
for the time being
Each party has its floor leaders
majority leader and the minority leader
Party whip-- count votes, encourage party loyalty, and ensure that the party’s members are present for important votes.
Floor leaders— elected in party caucuses to guide proposed laws through Congress
Party whips—persuade members to vote for legislation
Vice president —according to the Constitution presides over the Senate but only votes to break a tie
President pro tempore—fills in for the vice president when necessary

25. Organization of Congress
Section 2: How Congress Is Organized
Organization of Congress
committees
About 20
consider legislation and hold hearings
Each committee has one or more subcommittees that may consider legislation before it is taken up by the full committee.
Chairperson–
member of the majority party, and a ranking minority member
The ranking minority member is the highest ranking (and usually longest serving) member of the minority party on a committee or subcommittee.

26. Organization of Congress
Section 2: How Congress Is Organized
Organization of Congress
Organization of the House of Representatives
Speaker of the House
always a member of the majority party
most powerful officer in the House
no representative may speak until called on, or recognized, by the Speaker
influences the order of business in the House
committee structure
similar to the committee structure in the Senate
More of them with different names

27. Congressional Leaders
Section 2: How Congress Is Organized
Congressional Leaders
Speaker of the House—elected from the majority party
Floor leaders— elected in party caucuses to guide proposed laws through Congress
Party whips—persuade members to vote for legislation
Vice president —according to the Constitution presides over the Senate but only votes to break a tie
President pro tempore—fills in for the vice president when necessary

28. Congressional Committees
American Civics
4/20/2017
Section 2: How Congress Is Organized
Congressional Committees
Study all bills before they are presented to Congress
Members are nominated to committee assignments.
Senators serve on at least two standing committees.
Representatives serve on only two standing committees.
Standing committee membership is proportionate to party majority in each house.
Heads of Committee are now chosen by secret vote.
Chapter 5

29. c d j b a f e

31. SECTION 2
Question: When does a session of Congress begin, and how long does it last?
When Sessions Begin
How Long They Last
The first session begins January 3 in odd-numbered years following the congressional election in November. The second session begins January 3 of the following year.
Sessions last as long as Congress wishes.
Adjournment dates are selected by Congress.

32. The Constitution both defines and limits the powers of Congress.
Section 3: The Powers of Congress
The Main Idea
The Constitution both defines and limits the powers of Congress.
Reading Focus
What types of powers are granted to Congress?
What are some of the limits on the powers of Congress?

33. Section 3: The Powers of Congress
Congressional Powers
Delegated- Expressly granted powers
Implied- Powers not specifically granted to Congress by the Constitution, but which are suggested to be necessary to carry out its delegated powers.

34. Five major areas in which Congress makes laws:
Section 3: The Powers of Congress
Five major areas in which Congress makes laws:
Financing government
Regulating and encouraging American trade and industry
Defending the country
Enforcing laws
Providing for growth

35. Financing Government Why? To pay for government programs and defense
raise and collect taxes
borrow money
print and coin money

36. Regulating and Encouraging American Trade and Industry
Regulates trade with foreign countries
Regulates trade among the states
Passing laws that protect the rights of inventors

37. Defending the Country Creating Lower Courts power to declare war
maintain armed forces
set up a system of national courts
Creating Lower Courts

38. Providing for Growth
Pass laws to regulate immigration and naturalization
the power to govern the country’s territories
provide for the admission of new states

39. Implied Powers--The Elastic Clause
Section 3: The Powers of Congress
Implied Powers--The Elastic Clause
“to make all laws which shall be necessary and proper for carrying into execution the foregoing powers”
allows Congress to stretch its delegated powers to manage new situations

40. Impeachment Power
Congress has the power to accuse an office holder of misconduct
House of Representatives-Charges an accused official
Senate- becomes the court
Vice president usually acts as the judge or the chief justice in cases of the president
Two-thirds of the Senate must find the official guilty before he or she can be dismissed from office.

41. Presidential Impeachment
Andrew Johnson
Bill Clinton

42. allows Congress to stretch delegated powers
Treason involves acts that betray or
endanger the country
House of Representatives
Senate
when the president is on trial
chief justice of the Supreme Court
two-thirds
Andrew Johnson, Bill Clinton

43. The special powers of Congress:
Section 3: The Powers of Congress
The special powers of Congress:
House—begins impeachment proceedings, initiates bills to raise money, and selects president when no candidate receives sufficient electoral votes
Senate—holds impeachment trials, selects vice president when no candidate has sufficient electoral votes, approves treaties, approves high officials

44. Congress is forbidden to:
Section 3: The Powers of Congress
Congress is forbidden to:
Pass ex post facto laws, pass bills of attainder, suspend writ of habeas corpus, tax exports, pass laws violating the Bill of Rights, favor trade of any state, grant titles of nobility, or withdraw money without a law

45. regulating and encouraging U.S. trade and industry
SECTION 3
Question: What are the five major areas in which Congress has the power to make laws?
defending the country
financing government
Congressional Powers
providing for growth
enforcing laws
regulating and encouraging U.S. trade and industry

46. The Main Idea Reading Focus
Section 4: How a Bill Becomes a Law
The Main Idea
To become a law, a bill goes through a multistage process involving both houses of Congress.
Reading Focus
How does a bill begin?
How do the House and the Senate consider a bill?
In what ways can the president act on the bill?

47. Ideas for bills originate from:
Section 4: How a Bill Becomes a Law
Ideas for bills originate from:
U.S. citizens—constituents making requests of their congress members
Organized groups—businesspeople and labor groups seeking to protect their interests
Committees of Congress—investigating committees determine needs for new laws
Members of Congress—experts in certain fields propose new laws
The president—often introduces ideas for laws in the State of the Union Address

48. Bills introduced in either house of Congress
Section 4: How a Bill Becomes a Law
Bills introduced in either house of Congress
Are read and placed in the Congressional Record.
Are sent to a standing committee to be studied.
Receive hearings by the committees and are amended.
The committee majority can recommend that a bill be passed.
Bills reported out of committee are placed on the calendar for debate.
The bill is voted on and sent to the other house of Congress for consideration.
Approved bills are sent to the president.

49. Actions of the president regarding a bill:
Section 4: How a Bill Becomes a Law
Actions of the president regarding a bill:
sign the bill and declare it a law
veto the bill and send it back to Congress
hold the bill for 10 days, when it becomes a law or is killed by pocket veto

50. SECTION 4
Question: What actions can the president take regarding a passed bill?
If Congress is in session, the BILL BECOMES LAW,
even without a signature.
SIGNS THE BILL and it becomes law
The president KEEPS the BILL for 10 DAYS without signing or vetoing it:
The president ACTS on a Bill
If Congress is not in session, the bill is killed by POCKET VETO.
REFUSES TO SIGN and sends back to Congress with rejection reasons – called a VETO.

51. Chapter 5 Wrap-Up
1. Why did the framers of the Constitution create a bicameral national legislature?
2. What two methods does Congress have to deal with misconduct by its members?
3. Who leads the houses of Congress, and how are these leaders chosen?
4. Why is most of the work of Congress done through committees?
5. What special powers does each house of Congress have?
6. How do bills become laws?
7. What can the president do with a bill passed by Congress?