Legislative Branch Congress Last Time Ratifying the Constitution
Legislative Branch - Congress
Last Time: Ratifying the Constitution Federalists v. Anti-Federalists
Up Next: the Three Branches
Legislative Branch - Congress
Legislative Branch - Congress
Benchmark: SS. 7. C. 3. 3. Illustrate the structure and function (three branches of government established in Articles I, II, and III with corresponding powers) of government in the United States as established in the Constitution. SS. 7. C. 3. 8 Analyze the structure, functions, and processes of the legislative, executive, and judicial branches.
Structure: Constitutional Convention - 1787 Big States v. Small States – Great Compromise House of Reps – 435 Members based on Population More Population = More Votes House Big States Happy Senate -100 Members Equal Representation Each State – 2 Votes Senate Small States Happy
A Bicameral Legislature – two house legislature The House Wing The Senate Wing “In order to control the legislative authority, you must divide it. ” James Madison, Federalist No. 51
Structure: Legislative Branch - Congress House of Representatives Senate Membership 435 members - apportioned by population 100 members – 2 per state Term of Office 2 years – entire house elected every two years 6 years – staggered 1/3 of the senate elected every 2 years Qualifications At least 25 years old, US citizen for 7 years, must live in state where district is located At least 30 years old, US citizen for 9 years, must live in state Constituencies Smaller – by district Larger – entire state Prestige Less More Nickname Lower House Upper House
Enumerated Powers: Listed in Article I, Section 8 of the Constitution Specific powers listed in the Constitution
Enumerated Powers: aka: Delegated Powers Congress’ Powers: Article I, Section 8 • Power to Tax: to “lay (raise) and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States. ” • Power to Borrow Money: issue government bonds • Power to Regulate Interstate Commerce: trade between states and other nations (buying, selling, & trading of goods and services) • Power to Regulate Naturalization: granting immigrants citizenship • Power to “Coin Money” and Punish Counterfeiters:
Enumerated Powers: aka: Delegated Powers – Power To: Tax Regulate Interstate Commerc e Borrow Money
Enumerated Powers: aka: Delegated Powers – Power To: Punish Counterfeiters Coin Money Naturalization
Enumerated Powers (Cont. ): aka: Delegated Powers Congress’ Powers: Article I, Section 8: Continued • Power to Establish Post Offices • Power to Establish Patents & Copyrights: Copyrights protect author’s works. Patents protect inventor’s works. • Power to Declare War! No not the President • Power to Establish Lower Federal Courts: create a Federal Court system below the Supreme Court • Power to Raise & Support an Army & Navy • Power to Make All Laws Necessary & Proper For “Carrying” Out all Previous Powers
Enumerated Powers (Cont. ): aka: Delegated Powers Post Offices Declare War Raise & Support an Army & Navy Lower Federal Courts
“Necessary & Proper Clause” aka The Elastic Clause = Implied Powers
Implied Power: Example – The Draft Enumerated Power: “raise and support an army”
“Necessary & Proper Clause” aka The Elastic Clause = Implied Powers
“Necessary & Proper Clause” aka The Elastic Clause = Implied Powers
“Necessary & Proper Clause” aka The Elastic Clause = Implied Powers
Bank of the United States – in the Constitution? Coin / Borrow $?
Arguing over Implied Powers
“Necessary & Proper Clause” aka The Elastic Clause = Implied Powers
Congress’ Non-Legislative Powers Impeachment - Congress can remove members of the executive & judicial branches Charges begin in the House of Reps
Congress’ Non-Legislative Powers: Impeachment 2 Presidents have been impeached by the House of Reps but found “not guilty” by the Senate The Senate holds impeachment trial
Congress’ Non-Legislative Powers: Impeachment • Impeached by the House: 19 Federal Officials: 2 Presidents, 1 Cabinet Member, 1 Supreme Court Justice, & 14 Federal Judge • Found guilty & removed by Senate: 8
Congress’ Non-Legislative Powers: “Advice & Consent”: the Senate Treaties – an agreement between two or more countries President signs treaties, but they must be approved by the Senate
Congress’ Non-Legislative Powers: “Advice & Consent”: Treaties – must be approved by 2/3 rds of Senate NATO – Defense Treaty – North Atlantic Treaty Organization NAFTA – Free Trade, US, Canada & Mexico
Congress’ Non-Legislative Powers: “Advice & Consent”: Appointments– President appoints: Ambassadors, Supreme Court Justices, & Cabinet Members Supreme Court Justice Sonia Sotomayor appointed by President Obama Sotomayor in a Senate Hearing over her appointment
Other Congressional Powers: Amendments Propose Amendments: these are changes or additions to the Constitution
Other Congressional Powers: Investigations & Oversight Steroid Investigation Benghazi Investigation
Congress Structure & Powers Review What is the term for a two-house legislature? Bicameral
Congress Structure & Powers Review What are the names of the two houses of Congress? The House of Representatives & The Senate
Congress Structure & Powers Review Which house has 435 members? The House of Representatives
Congress Structure & Powers Review What is the name for the powers that are expressed in the Constitution? Enumerated
Congress Structure & Powers Review Name one of the Enumerated Powers for Congress Tax, borrow money, regulate interstate commerce, regulate naturalization, coin money, punish counterfeiters, establish post offices, establish copyrights & patents, declare war, create federal courts, raise & support the army & navy
Congress Structure & Powers Review What is the nickname of the necessary & proper clause? The “elastic clause”
Congress Structure & Powers Review What type of powers are produced by the “elastic clause? ” Implied Powers
Congress Structure & Powers Review Which house of Congress provides “advice & consent” to the President? The Senate
Congress Structure & Powers Review What does the Senate “confirm” for the President Treaties & Presidential Appointments
Up next: How to Make a Law
- Slides: 41