Legislative Branch Legislative Branch What is this branch

Legislative Branch

Legislative Branch • What is this branch about? • Where can the information of this branch be found?

Structure and Powers of Congress Legislative Branch • First to be described in the Constitution Structure of Congress • Founders believed: • Legislature should provide order and stability • Balance between democracy and order • Bicameral established • Two house legislature • House of Representatives • Senate

House of Representatives Population Census • Membership is based on the total population of the state • Taken every 10 years • The idea is that every voter be represented equally • Elected by the people • Problem: population keeps growing and growing • Reapportionment Act of 1929 • Capped the amount of congressional representatives to 435 • Taken to account for the people and that the apportionment of representatives adjust accordingly • States that are experiencing rapid population increase = gain the representation • Known as reapportionment • State that are experiencing population decrease = lose representation

The Senate Equal Representation Selection Process • All states would be looked at as equals regardless of population or size • At first --- • Presently have 100 senators • Selected by the state legislature • 1913: 17 th amendment changed this process • Now the people select their senators • For the first 133 years under the Constitution, senators were not directly elected by the people

Legislative Branch Qualifications House of Representatives Senate Age 25 30 Years of Citizenship 7 9 Length of Term 2 Years 6 Years Number of Terms No Limit

Powers of Congress Delegated Powers Enumerated Powers powers given to Congress stated in the Constitution in Article I • Power to Tax • Able to raise money needed to pay for the government Money collect helps pay for Government Programs - pay the Debts and provide for the common Defense and general Welfare of the United States • Duties: government tax, especially on imports • Imposts: a tax or duty • Excises: a tax on production, sale, or consumption of products within the U. S – like tobacco, gas, or liquor • Bankruptcies – Power to establish uniform • Borrowing Power bankruptcy laws • Allows the government to borrow against. Powers its credit – helps with wars • War and new government programs – To declare war – shares power with President • Commerce Power Regulate and promote trade • • Naturalization Process. Power • Currency Citizenship process • –Issue paper money • Copyrights and Patents

Powers of Congress Implied Powers • Powers not specifically in the Constitution • Elastic Clause: gives Congress the authority to pass laws it deems “necessary and proper” • Court decision of Mc. Culloch v. Maryland • Many people claim Congress has stretched this clause to its fullest Some in the Constitution, some not Nonlegislative Powers Are not written down or interpretive completely, but are still used by the government • Propose constitutional amendments • Admit news states to the Union • Power to approve key presidential appointments and treaties • Has the “watchdog” role over government activities • Impeachment

Impeachment • House of Representatives • Positions to be impeached: • Starts here • President • Can impeach any of these position • with Vicea. President majority vote • Court Justices • Senate • What getimpeachment them impeached • Mustcan try the and vote • for Treason conviction before the officer is • actually Briberyis removed • • Two-thirds of the senate must vote High crimes removal • for Misdemeanors • If found guilty: • Never again can they hold a government job

Organization of Congress President of the Senate President Pro Tempore Speaker of the House Majority Leader Minority Leader Majority Whips Minority Whips Senate Body House Body Senate Leadership House Leadership

Organization of Congress • Party Leadership – Congress • After each election • One party has the majority • One party is the minority • Each house selects its own leaders by majority vote • 115 th Congress: • Senate: Republican majority • Representatives: Republican majority

Organization of Congress Leadership Other Leader Positions • Leaders in the House • Most important officers of the House – Floor Leaders • Membership in the House is so much larger than that in the senate • House tends to be centralized in the hands of its leadership • Speaker of the House • Always a member of the majority party • Only as good as his/her experience, persuasiveness, and personality • Has influence on committee assignment • Appoints the party’s other leaders • Some cases, you may not speak until he calls on you • Majority Leader • Assistant to the Speaker Both assisted by party whips Inform members when • important bills come up to vote – and pressure people to vote one way • Helps plan the party’s legislative program • Main goal is to get committees to get legislation through the floors without debate Minority Leader • Heads and organizes the opposition to the majority party

Organization of Congress Leadership in the Senate • President of the Senate • Vice President of the United States • One duty – vote in case of a tie • Does not regularly attend Senate sessions • President pro tempore • Position is there b/c Vice President does not attend often • Chosen leader in the absence of the Vice President • Does not have power (glory position) Orrin Hatch

Organization of Congress • Party Leadership – Senate • Floor Leaders Has the real power • Majority Leader • Most influential person in the Senate • Frequently represents, or speaks for the Senate to outsiders • He speaks first on the floor • Powerful say in committee assignments • Minority Leader • Power depends on how well he/she gets along with the Majority leader • Whips • Same responsibilities as House Whips – • Communicate views • Solicit votes • Keep track of the voting

Committee System • Way to organize Congress’s legislative work • Send bills to the specialized field • Over 11, 000 bills are presented by members of Congress during a two year session Page 154 – Standing Committees

Committee System Types of Committees Standing Committee • Permanent committee • Responsibilities: • Evaluates bills • Kills the bills • Passes the bill along for further debate • Most important committee • House of Rep. • Has 20 standing committees • Representatives can only be on 1 standing committee Standing Committee • Senate • Has 17 standing committees • Senators can serve on 2 or more standing committees • Many committees are similar in the House and Senate (same name Committees) • Function separately • An example of checks and balances

Committee System Types of Committees Select Committees • More temporary, set up to study specific issues • Appointed separately for each house • These committees have the least direct input into legislation • Speaker of the House appoints the members to House committees • President of the Senate appoints those of the Senate • BUT their investigation may lead into the consideration of a specific bill • Issues they look into: • • Hunger Crime Narcotics Abuse and Control

Committee System Types of Committees Joint Committees Conference Committees • Similar to select committees • Created when • Made up of members from the • House and Senate have passed House and Senate different versions of the same bill • Meet about specific issues • Very temporary • Report their findings to their to leads into • – Last as long as it takes to This each house • compromise the bill in questioning • Then sent back to each house before Tend to be more permanent than HOW A BILL BECOMES it. Agoes LAW on to the President select committees • Responsibilities: • Handle routine matters • Printing government publications • Supervising the Library of Congress

Committee System Types of Committees House Committees Senate Committeees

Quick Review 115 Congress – Republican Majority • Committee Systems – Standing Committees • Permanent – House: 20 com. – Senate: 17 com. – Select Committees • More temporary, have the least direct input into legislation – Joint Committees • Made of member of both houses – does routine matters – Conference Committees • House and Senate have passed different versions of the same bill

Congress • Members • Travel back and fourth to Washington D. C. • Visits their districts or states numerous times in the year • When in Washington D. C. 1. Meet with staff 2. Make telephone calls 3. Answering mail 4. Preparing legislation and speeches 5. Attend House and Senate chambers for debate and voting 6. Committee meetings

How a Bill Becomes a Law Either can be introduced in either chamber of Congress Introducing a Bill Resolutions • Who can come up with a bill? May changes rules or procedures • Types of resolution • Ideas for bills come from: • • Private citizens President Officials in the executive branch Interest groups • Types of bills • Public Bills • Concurrent resolution • Affects both houses and voted on by both memberships • Adopted by both houses RESOLUTIONS • Foreign affairs BILLS AND JOINT • Lacks the force of law BOTH CAN CREATE LAWS • Apply to the entire nation • Tax laws • Private Bills • Apply to certain persons or places • Awarding Congressional Medal of Honor • Adopted to regulate internal affairs of the legislature that adopted them • Joint resolution • Most serious • Need Presidential approval • Has a force of law • Address temporary matters that need immediate attention • Declare war • Amend Constitution • Temporary exceptions

Bill V. Resolutions

Step One: Introducing a Bill Hopper – House of Reps Senate Intro • Bill or resolution is introduced in the House • Sponsor is recognized on the floor • Representative drops the bill in the Hopper • Box near the clerk’s desk • Sponsor announces it or hands it to the clerk in the front of the Senate Both Houses The bill is assigned a title and number Ex. ) H. R. 345 or S. 237 Sent to legislative committee H. R or S explains where it started

Step Two: Bills in Committees Hearings • Sent to a committee that deals with the subject matter • Set-up by committee or subcommittees if they want to act on a bill • 90% of all bills die in committee • Pigeonholed: put aside or ignore a piece of legislation • People interested in the bill present their points of views • Presenters can be: • Experts • Government officials • Interest group leaders • Length of hearings depend on: • Complexity of bill • Its controversial nature • Its seriousness

Step Two: Bills in Committees After the Hearing Before it goes to the floor • Mark-up the bill • House Committee Rules • Making changes • Committee either votes in favor or kills the bill • If it survives: • Accompanied with written report to all members • Describes the bill and why it should be a law • Very Important • Many Senators and Representatives rely on this report to determine their vote • House of Reps Procedure • Created to set the rules for debate when a bill came to the floor • Debates would go on forever and floor action would be chaotic • Senate • Schedules it on calendar

Session – When they Meet Senate & House of Reps Types of Sessions • The annual series of meetings of • Closed Sessions • Lame Duck Sessions a Congress is called a session. • Closed sessions of the Senate: • Some lawmakers who sessions return for referred to as secret • Each Congress generally has two this • session will not be in the next are used for during Congress. Hence, they are sessions • Impeachment trials discuss issues of • Based on the constitutional mandate that Congress assemble at least once a year. • Reference government calendar online to find out when these are happening • In addition, a meeting of one or both houses is a session. • Senate and House of Representatives is said to be in session on any particular day when it is meeting. informally called "lame duck" national security members participating in a "lame • Confidential information • Sensitive communications from duck" session. the president • When Congress (or either • Joint Sessions chamber) reconvenes in an even • When theyear House and Senate numbered following the adopt a concurrent resolution November general elections to to meetvarious together to conduct consider items of business. formal business or to hear an address by the president of the United States.

Step Three: Floor Action Debate – H. O. Rep Floor Debate – Senate Floor • Very strict rules • Bill comes straight from committee to the Senate • No representative can speak longer than one hour without unanimous consent • Speaker of the House can force any member to give up the floor • Bills can be stalled or killed in this process • Any member can, “move the previous question” • A vote that needs to be taken within 40 minutes • If amendments can be added to a bill • Opponents may add amendments to bills • This may discourage members for voting for that bill • Majority and Minority leaders are responsible for the debate with few set rules • Can have unlimited time • Filibuster • A tactic, often lengthy speech or debate, designed to delay the Senate’s vote on a bill • Want to block a bill’s passage • Longest Filibuster: over 24 hours in 1957 • Cloture - stops a filibuster • The decision of three-fifths of the senate to limit or end debate on an issue and call for a vote

Step Three: Floor Action • After the Floor debate • Bill is printed in its final form and presented for a vote • Need to have a majority to be present • Majority vote needed for bill to pass • Four options available to Congress 1. To pass bill as written and send it to other house for consideration 2. To table or kill the bill 3. To send the bill back to committee 4. To offer amendments

Step Four: President’s Actions Veto Gridlock • Pocket-veto • Created when President veto’s too many bills • President kills a bill that Congress has sent by refusing to act on it until Congress has adjourned • If the President does not sign the bill within the 10 days AND Congress adjourns during that time, the bill dies and Congresses cannot override it. • Sent back to where it originated • President sends a veto message and explanation of veto • To over turn veto: • Need two-thirds votes in both houses • Conflict between legislative and executive branches • No action is taken between the two branches Has 10 days to react on the bill – or it becomes a law

Legislative Branch