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LEGISLATIVE BRANCH TEST #3
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CONGRESS Bicameral – 2 houses Term – 2 years due to the HR election Session – conducts business 2 per year Usually one a year lasting 4 or 5 months Adjourn Special Session Can be called by the President or either house
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HOUSE OF REPRESENTATIVES 435 members Determined by state population Minimum of 1 2 year term No limit on # of terms Reapportionment – redistributed every 10 yrs. Gerrymandering – division of voting districts Gerrymandering Westberry v. Sanders – “one person, one vote” Westberry v. Sanders
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Qualifications 25 yrs. Old US citizenship for 7 years Must live in the state they represent
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SENATE 100 Members 2 per state Represent the entire state 6 year term – gives some security Terms staggered so that 1/3 are elected every 2 years 17 th Amendment – voted on directly by the people – before by state legislature
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Qualifications 30 yrs. Old Citizen for 9 years Live in the state they serve
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Franking privilege To be able to mail letters postage- free by substituting their facsimile signature (frank) for postage.
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Congressional Powers Limited powers because of the Constitution Powers are expressed, implied and inherent
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Expressed Powers of Money and Commerce 27 listed – the meaning is based on how Congress exercises its powers Some are subject to interpretation
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Taxes Tariffs Cannot tax an export Direct tax – paid by the person it is imposed on Indirect tax – paid by one person but passed along to another (cigarette tax) Borrowing Deficit financing – spend more than you take in/borrow the difference Public Debt – money not paid over time plus the interest Commerce Regulation of interstate and foreign trade Ogden v. Gibbons Ogden v. Gibbons
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Currency power Coin money – made of Gold, Silver and others 1791 – bank notes –not “legal tender” 1861 – “Greenbacks” – 1 st legal tender notes but could not be exchanged for gold or silver War powers Declare war Raise an army 1973 War Powers Act Copyright and Patents Eminent Domain
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Implied Powers Education National Bank “Necessary and proper” clause McCulloch v. Maryland McCulloch v. Maryland
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Non Legislative Powers Amendments 25 th – choose V.P. Elections 1800 and 1824 18001824 Impeachment 1868 – Andrew Johnson 1998 – Bill Clinton Resignation 1974 - Nixon 1974 - Nixon Executive Powers Approves appointments and treaties
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Congress in Action Speaker of the House Duties – Preside and keep order Allows representatives to speak Next in succession after President and V.P. President of the Senate – Vice President Presides Votes only to break a tie President Pro-tempore Majority leader, presides if VP is absent Next in succession after the Speaker Party Officers – “caucus” – meeting to decide leaders and stands Floor leaders from each party Whips – assistants to the floor leaders
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