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Legislative Branch United States Congress
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Legislative Branch Outlined in Article 1 of the Constitution Consists of the House of Representatives and the Senate (BICAMERAL LEGISLATURE) House is made up of 435 members Number of representatives per state is dependent upon the state’s population More population = more representatives Decided upon at the Constitutional Convention to settled the issue of representation in Congress (Great Compromise) Senate is made up of 100 members 2 senators per state Equal representation was also part of the Great Compromise
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House of Representatives Every 10 years a census, or population count, is taken to determine if changes in the number of representative needs to be adjusted Congressional Districts The boundaries which determines the geographic area that a representative is responsible for If changes are needed, this is called redistricting The abuse of redistricting power is called gerrymandering Gerrymandering is the drawing of an oddly shaped district to increase the voting strength of a particular group Gerrymandering is ILLEGAL
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House of Represenatives Cont’d Qualifications and Privileges Must be at least 25 years of age Must live in the state that you would represent Must have been a US citizens for at least 7 years prior to election Salary of $165,200 per year Free office space, parking, and trips to their home states Low cost insurance, private gym, special resturants, and a medical clinic Franking Privileges Ability to send job-related mail without paying postage (purpose: to keep constituents informed on issues, positions, and votes)
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Senate Qualifications and Privileges Must be at least 30 years old Must live in the state you plan to represent Must have been a US citizen for at least 9 years prior to the election Same privileges as members of the House
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Congressional Leadership Minority and Majority Leaders The party with the most members in the House or Senate is called the majority party A person is chosen from that party, in each house, to direct their activities (MAJORITY LEADER) The party with fewer members than the majority party is called the minority party A person is chosen from that party, in each house, to direct their activities (MINORITY LEADER) Minority and Majority Floor Leaders Job is to speak for their parties on issues, push bills along, and try to sway votes Minority and Majority Whips Job is to help floor leaders and to make sure that legislators are present for key votes
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Congressional Leadership Cont’d Speaker of the House Overall leader of the House Has great power Steers legislation through the House Leads floor debates Third in line to the presidency President of the Senate Filled by the Vice President of the United States Largely ceremonial Only votes in a tie President Pro Tempore Chairperson of the Senate Runs day to day operations of the Senate
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Congressional Committees Committee System is used to help make it possible to consider thousand of proposed laws, or bills, at a time Types of Committees Standing Committees Permanent committees (ex. Agriculture, Education, Rules) Joint Committees Contains members of both Houses to consider specific issues (Ex. Taxation, Economics, Printing) Conference Committees A special joint committee that is used to settled disputes over conflicting forms of a bill Committee assignments are based upon seniority, or years of service in Congress
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Powers of Congress Expressed Powers Powers clearly given to Congress in the Constitution Examples: taxes, borrow money, regulate commerce, declare war, govern DC, etc. Implied Powers Powers given to Congress that are not specifically listed in the Constitution, but also not denied Powers derived for the Elastic Clause Examples: support public schools, institute military draft, limit immigration, etc.
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Non-Legislative Powers of Congress The most important job of Congress is to make laws, but they do have the power to do other things, such as: Approve or reject presidential nominations (ONLY SENATE HAS AUTHORITY) Remove federal officials who have committed wrongdoings Impeach officials (ONLY HOUSE HAS AUTHOTITY)
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Limitations of Congressional Power Limits from the Bill of Rights Can not favor one state over another Can not tax exports Con not tax interstate commerce Can not suspend the writ of habeas corpus You must bring a prisoner to court and tell them why they are holding that person Can not pass bills of attainder You can not punish a person without a jury trial Can not pass ex post facto laws You can not make an act a crime after the act has been committed
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How a Bill becomes a Law Idea is proposed By a citizen, the President, or a special interest group ( org. of people with common interests) Congressperson must introduce the bill for congress to consider Bill is sent to the appropriate standing committee for review Can do several things 1. pass the bill 2. kill the bill 3. change the bill and suggest passing 4. replace original bill with a new bill 5. ignore the bill and let it die (pigeonholed)
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How a Bill becomes a Law Cont’d Debating a Bill Members of Congress argue the pros and cons and discuss possible amendments to the bill Senators can filibuster, or talk a bill to death, if they do not like a bill Senate can end s filibuster if 3/5 of the members vote for cloture Vote After debate the bill is brought to a vote Majority rule More than half votes for = passes More than half votes against= dies
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How a Bill becomes a Law Cont’ Presidential Action Sign the bill and declare it a new law Veto the bill, refuse to sign Congress can override with a 2/3 vote in each house Do nothing for 10 days If Congress is in session it becomes a law automatically If Congress has adjourned, the bill dies (pocket veto)
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