1. The Legislative Branch The Role and Powers of Congress

2. The Legislative Branch The Legislative Branch (Congress) is made up of the House of Representatives and the Senate

3. What do members of Congress do? Congress has 3 key duties in the running of our government Make laws (legislate) Oversees the performance of government agencies Provides services to the people

4. Making laws : there are 4 main things that influence how members of Congress vote Personal beliefs : studies show that members of Congress’ vote is often influenced by their personal opinion on the issue, even if that is not what their constituents ( voters) believe Constituents’ interests: votes are influenced by the people the Congress member represents Interest Groups: Congress members may be influenced by information provided by interest groups Political Party Loyalty: members of Congress may vote based on what the majority of their political party wants

5. Overseeing agencies: Congress is in charge of investigating government agencies to make sure that they are performing their duties properly. This is called Congressional oversight

6. Provides services to the people: Members of Congress often get requests from their constituents to help them with various issues Obtaining a government job Getting an emergency passport Complaints about specific laws Requesting funding for a specific project or organization (Grants)

7. Inside the House of Representatives The Founding Fathers thought the House would be filled with ordinary citizens who would serve for a brief period of time and then return to their ‘normal’ lives

8. Size of the House 435 members- set in 1910 remains the number today Congress can vote to change this number, it is not written in the Constitution

9. How is representation determined? Distribution of Representatives is determined every 10 years by the census States may gain or lose representatives based on population changes Each state no matter the population must have at least 1 representative West and South have gained seats while the Northeast and Midwest have lost seats Districts are redrawn according to political affiliation at times, this is called Gerrymandering districts within a state must have roughly the same number of people

10. 2010 Census

12. Gerrymandering Packing: when you try to fill a district with as many members of the same party as possible. Cracking: when you try to break the influence of one party in an area by dividing that area between different districts

13. Gerrymandering

14. House of Reps Terms: 2 year terms Unlimited number of terms The entire House is up for re-election every two years

15. Qualifications At least 25 years old US citizen for 7 years Legal resident of state they represent

16. Salary and benefits $174,000 a year Office, staff, travel money Free postage Pension, health care, health club membership, immunity for prosecution for what they say on the House floor

17. The Senate The Founding Fathers wanted Senators to be older More experienced Serve more terms

18. The Senate Size 100 members 2 per state Terms Serve for 6 years, unlimited number of terms 1/3 of the Senators are up for re-election every 2 years 2012: 33 seats up, including 1 in NJ

19. The Senate Qualifications At least 30 years old US citizen at least 9 years Legal resident of the state they represent Salary and benefits Same as the House of Representatives

20. Terms and Sessions Elections take place every even numbered year in November (2008, 2010, 2012) Each new term begins on January 3 divided into two 1 year sessions The 112 th Congress began it’s term on January 3, 2011 it will end January 2, 2013

21. Congressional Sessions Congress takes breaks during the summer, before elections, and around holidays a quorum, or majority of members, must be present to conduct business There are NO term limits Incumbents (current officeholders) tend to get re-elected

22. Leadership in the House and Senate Majority party: the political party that holds the most seats ( currently democrats in the Senate and the Republicans in the House) Minority party: political party that does not hold the most seats

23. House Leadership House Speaker of the House : from majority party John Boehner (R) Majority Party & Minority Party leaders Erin Cantor (R) / Nancy Pelosi (D) Majority Party & Minority Party whip Kevin McCarthy (R) / Steny Hoyer (D)

24. Senate Leadership President of the Senate Vice President President Pro Tempore – from majority party Daniel Inouye (D) Majority & Minority Floor leader Harry Reid (D) / Mitch McConnell (R) Majority and Minority whip Richard Durbin (D) / Jon Kyl (R)

25. Powers of Congress Expressed powers: written in Constitution Special powers: expressed powers given specifically to the Senate or the House Implied powers: needed to carry out expressed powers

26. Powers of Congress Expressed powers Specifically listed in the Constitution Give Congress the power to make laws in 4 main areas of government Gov’t finance: how the gov makes money (taxes), who gets the money Known as power of the purse strings Regulation of trade / Business National defense Creating executive branch agencies to enforce laws

27. Powers of Congress Special powers: also specifically listed in the Constitution (given to the House or Senate) Impeaching officials: Congress can remove pres. Or vice pres. From office for serious crimes against the nation House: draws up charges and votes on whether there should be a trial – this is referred to as impeaching Senate: holds a trial to determine guilt or innocence Andrew Johnson and Bill Clinton are the only presidents to be impeached but neither was convicted by the Senate Clinton: perjury Johnson: violating Tenure of Office act – fired Sec of War

28. Powers of Congress Special powers Approve treaties made by the President with other countries (2/3 of the Senate must approve) Approve judicial and executive appointments made by the President (majority of Senate must approve) The House of Reps. would choose the President if no candidate received a majority of available electoral votes Senate would choose the Vice President if no candidate received a majority of the electoral votes

29. Powers of Congress Implied Powers Elastic Clause: Congress has the power “ to make all laws which shall be necessary and proper for carrying out…” the expressed powers written in the Constitution Congress has used this clause to significantly expand its powers

30. Powers of Congress Implied powers McCulloch v. Maryland (1819): many argued that the Bank of the United States was unconstitutional. However the Supreme Court ruled that it was “necessary” in order for Congress to exercise the other expressed powers such as to borrow money and collect taxes.

31. Powers of Congress Limits on the Powers of Congress Judicial review: Supreme Court can rule any laws passed by Congress to be unconstitutional Reserved powers (10 th Amendment): the states and the people hold all powers not given to the national gov’t by the Constitution Ex post facto law – can’t pass a law that punishes someone for an action that took place before the law was passed Bill of attainder- can’t pass a law that punishes a person who hasn’t been convicted in a court of law Writ of habeas corpus- can’t deny someone a trial