LEGISLATIVE BRANCH NOTES LEGISLATIVE BRANCH NOTES Table of

LEGISLATIVE BRANCH NOTES

LEGISLATIVE BRANCH NOTES Table of Contents Part 1 – Legislative Branch Basics Part 2 – Senate Part 3 – House of Representatives Part 4 – How a Bill becomes a law Part 5 – Powers of Congress Part 6 – Organization of Congress Part 7 – Congressional Benefits Congress or Legislative Branch – Brown Senate – Navy / Dark Blue House of Representatives – Maroon President – Dark Green Republican Party – Pink Democratic Party – Light Blue

LEGISLATIVE BRANCH NOTES 1. LEGISLATIVE BRANCH BASICS The Legislative Branch was influenced by events in the past: - Roman Senate (Representative Democracy) - Parliament (1265), lawmaking body of England. Bicameral Legislature - House of Lords and House of Commons - Early America * House of Burgesses (1619), 1 st elected lawmaking body in the Colonies. (Jamestown Colony) * 13 Colonies used Colonial Assemblies to make laws. * First / Second Continental Congress, held in Philadelphia. (1774 - 1781). * Articles of Confederation (1781) Unicameral Legislature .

LEGISLATIVE BRANCH NOTES 1. LEGISLATIVE BRANCH BASICS The first Congress met in New York City on March 4 th, 1789, then it was moved to Philadelphia, finally to Washington D. C. in the Capitol Building. (1800) A term of Congress last for two years, each term has 2 sessions. A session begins on January 3 rd, odd years (20 th. Amendment), sessions last until Congress adjourns (ends their meeting). Jan 3 rd, 2016 (114 th Term, 2 nd Session)

LEGISLATIVE BRANCH NOTES 1. LEGISLATIVE BRANCH BASICS Article I describes the Legislative Branch, its main job is to create / make our Federal laws. Article I has 10 Sections. It is the largest Article in the Constitution.

LEGISLATIVE BRANCH NOTES 1. LEGISLATIVE BRANCH BASICS The Legislative Branch is headed by Congress. It is a bicameral legislature made up of two chambers. Senate and House of Representatives. The U. S. Congress was created at the Constitutional Convention (1787) from the Great Compromise.

LEGISLATIVE BRANCH NOTES 2. SENATE The Senate is the upper house of Congress. Representation is equal as suggested in the small state or New Jersey Plan. Every state is given 2 Senators. 100 total Senators. 26 Senators in 1789.

LEGISLATIVE BRANCH NOTES 2. SENATE Senators serve a 6 year term, no term limits. 30 year old age requirement. Must be a citizen for 9 years. Arizona's Two U. S. Senators: John Mc. Cain Jeff Flake

LEGISLATIVE BRANCH NOTES 2. SENATE U. S. Senators were originally chosen by a States Congress. The 17 th Amendment (1913) changed that, Senators are now chosen by popular votes by the whole state. Staggered Terms means that 1/3 or 33 of the total number of Senators 100, take office every 2 years.

LEGISLATIVE BRANCH NOTES 2. SENATE The Senate has the power to: Approve treaties – agreements with other countries. The President makes the agreement but it must be approved by the Senate. Approve who the President picks for the Supreme Court, Ambassadors, and Cabinet (15) members. Advisors to the President.

SENATE

LEGISLATIVE BRANCH NOTES 2. SENATE Hold impeachment trials. Impeachment is the process of trying to remove a government official from office. The House of Representatives must vote to decide if there is enough evidence to move to an impeachment trial. If a 2/3 vote of the Senate votes “Guilty” the person is removed. 2 Presidents went through impeachment trials, both were found “Not Guilty”. Andrew Johnson (1868) Bill Clinton (1999)

LEGISLATIVE BRANCH NOTES 3. HOUSE OF REPRESENTATIVES The House of Representatives is the lower house of Congress. Representation is based on population, suggested in the large state or Virginia Plan. The total number of Representatives in Congress is 435. (1913)

LEGISLATIVE BRANCH NOTES 3. HOUSE OF REPRESENTATIVES Representatives serve a 2 year term, no term limits. 25 year old age requirement. Must be a citizen for 7 years. Arizona's 9 Representatives: Kirkpatrick Schweikert Mc. Sally Gallego Grijalva Franks Gosar* Sinema Salmon

LEGISLATIVE BRANCH NOTES 3. HOUSE OF REPRESENTATIVES Every ten years a census or population count is taken. 1 St Census taken in 1790. Last 2010. Using this information the number of Representatives a state gets is determined. 1 Representative = 700, 000 people

LEGISLATIVE BRANCH NOTES 3. HOUSE OF REPRESENTATIVES Representatives are elected by popular vote from their Congressional Districts. All 435 Representatives come up for election every 2 years. An incumbent is someone who currently in that office running again for the same office. All Congressional Districts are roughly equal in population.

LEGISLATIVE BRANCH NOTES 3. HOUSE OF REPRESENTATIVES The process of making Congressional Districts after a census is called Reapportionment. (apportionment) Gerrymandering is the redrawing or reapportioning of the lines to favor a certain political party or group. Gerrymandering is named after Governor Elbridge Gerry of Massachusetts in 1812.

House of Representatives

LEGISLATIVE BRANCH NOTES 3. HOUSE OF REPRESENTATIVES The House of Representatives has the power to: Start the impeachment process. The House of Representatives decides if there is enough evidence to have an impeachment trial in the Senate. The House has begun 19 impeachments the Senate has removed 8. Choose the President if no one gets a majority of the electoral votes. This is called a deadlock, happened in 1800 and 1824.

LEGISLATIVE BRANCH NOTES 3. HOUSE OF REPRESENTATIVES Start all appropriation (money) bills. Only the House of Representatives has the power to start a bill in Congress that deals with the spending or funding of money. This is why more bills begin in the House of Representatives.

LEGISLATIVE BRANCH NOTES 4. BILL BECOMES A LAW A Federal law begins as a bill. Federal laws affect all the U. S. States the same. Steps on how a bill becomes a law 1. A member of Congress introduces an idea called a bill. Bills can be written by constituents (people represented by members of Congress), special interest groups (groups trying to get a specific bill passed), or members of Congress but must be introduced by a member of Congress.

LEGISLATIVE BRANCH NOTES 4. BILL BECOMES A LAW 2. The bill is then given a number, then read. The bill is put into a committee to be studied. In committee the bill can be pigeonholed (ignored), combined, or sent to a sub-committee. Committees are small groups in either house of Congress.

LEGISLATIVE BRANCH NOTES 4. BILL BECOMES A LAW Committees consider thousands of bills every term (2 years). (11, 644 this term) With about 2% becoming a law. 3. Committees study the bill. Then they vote on it. If the committee recommends the bill then it goes in front of the whole chamber.

LEGISLATIVE BRANCH NOTES 4. BILL BECOMES A LAW 4. In the whole chamber, debates are held, then voted on. If a majority approve the bill it passes the first chamber, it then goes to the other chamber of Congress. 5. Bill starts all over again in the other chamber. The bill can be stopped or voted against at any point.

LEGISLATIVE BRANCH NOTES 4. BILL BECOMES A LAW The Speaker of the House sets a time limit for debate and voting on a bill in the House. In the Senate there is no time limit. Members of the Senate can delay a vote on a bill by performing a Filibuster, or holding the floor. 3/5 of the Senate can vote for a Cloture and end a Filibuster. If the bill is changed, the bill must return to its House of Origin. Sometimes a Conference Committee (members of the House and Senate) meets to work out the differences so both Chambers pass the same bill.

LEGISLATIVE BRANCH NOTES 4. BILL BECOMES A LAW 6. If the same Bill passes both chambers of Congress. The bill then goes to the President.

LEGISLATIVE BRANCH NOTES 4. BILL BECOMES A LAW 7. President can: A) Sign the bill it becomes a law. B) Veto or reject the bill then it goes back to the Congress, there Congress can attempt to override or go over the veto with a 2/3 rd vote of both chambers of Congress. If Congress overrides the veto the bill becomes a law. President F. Roosevelt most Vetoes (635)

LEGISLATIVE BRANCH NOTES 4. BILL BECOMES A LAW C) The President has 10 days to sign or veto the bill , or the bill becomes a law. If the President does not sign the bill in 10 days and Congress adjourns (ends their meeting) that is called a Pocket Veto and the bill does not become a law and cannot be overridden.

LEGISLATIVE BRANCH NOTES 5. POWERS OF CONGRESS Article 1 Section 8 Clauses 1 -17 list the Delegated Powers given to Congress. Delegated Powers are powers given only to Congress in the Constitution. They include the power to: • Control finances – Tax, borrow money, Federal Budget -appropriate money (spend), print money, punish counterfeiting (making fake money).

LEGISLATIVE BRANCH NOTES 5. POWERS OF CONGRESS They include the power to: • Regulate Trade– Trade between countries (treaties), trade between states (interstate trade), laws protecting inventors. A Patent protects an inventors idea. A Copyright protects a form of expression. • Promote Growth – Naturalization (process of becoming a citizen), how new states are made, and the Postal System.

LEGISLATIVE BRANCH NOTES 5. POWERS OF CONGRESS They include the power to: • Defend our Nation – Declare war, maintain a military. U. S. Congress has declared war 5 times. • Create lower Courts- setting up a Federal Court System. Supreme Courts of Appeals District Courts

LEGISLATIVE BRANCH NOTES 5. POWERS OF CONGRESS The Elastic Clause found in Article 1 Section 8 Clause 18 stretches the powers of Congress to deal with problems that could not be foreseen. To make laws that are “necessary and proper”. Example: Air travel, computers, internet, cars, weapons….

LEGISLATIVE BRANCH NOTES 5. POWERS OF CONGRESS Things Congress cannot do Article 1 Section 9 list things that Congress cannot make laws about. *Congress could not end slavery or the slave trade until after 1808. 13 th Amendment (1865) ended slavery.

LEGISLATIVE BRANCH NOTES 5. POWERS OF CONGRESS Things Congress cannot do - continued *Congress cannot suspend the right to the Writ of Habeas Corpus, a court order requiring a prisoner to be brought to court and explain why they are being held.

LEGISLATIVE BRANCH NOTES 5. POWERS OF CONGRESS Things Congress cannot do - continued *Congress cannot pass Ex Post Facto Laws, laws punishing someone for a crime before there was even a law against it. * Congress cannot pass or allow Titles of Nobility, a permanent title giving someone more privileges or rights.

LEGISLATIVE BRANCH NOTES 5. POWERS OF CONGRESS Things Congress cannot do - continued *Congress cannot pass a Bill of Attainder, a law saying a person or group are guilty of a crime without allowing them the right to a trial. 6 th Amendment (1791) – Right to a trial.

LEGISLATIVE BRANCH NOTES 6. ORGANIZATION OF CONGRESS Political Parties In the United States there are two major Political Parties, Democrats (1828) and Republicans (1856). Political Parties (factions)are groups with like interests that try to get their members into political offices. Partisan – support 1 political party. Bipartisan – support 2 political parties Nonpartisan – support no political party.

LEGISLATIVE BRANCH NOTES 6. ORGANIZATION OF CONGRESS Political Parties - continued Political Parties have a major influence on what laws and actions get passed by Congress. The Political Party with a majority of members in a chamber of Congress is called the Majority Party. The Majority Party selects who will lead committees and can control the debate and voting on a bill. The Minority Party has fewer members in a chamber in Congress.

LEGISLATIVE BRANCH NOTES 6. ORGANIZATION OF CONGRESS Political Parties - continued The Republican Party is the majority party in the Senate and in the House. Political Parties choose leaders in Congress to manage the party, the leaders are called Majority and Minority Leaders. The job of the Whip makes sure members from their political parties are present to vote and vote the way the party wants them to vote.

LEGISLATIVE BRANCH NOTES 6. ORGANIZATION OF CONGRESS The current Political Party breakdown in Congress. Senate House Republicans 54 247 Democrats 44 188 Independents 2 0 100 435

LEGISLATIVE BRANCH NOTES 6. ORGANIZATION OF CONGRESS Senate The Vice-President is the President of the Senate, presiding over the Senate, but only votes in case of a tie - 242 times. Joe Biden (D) President Pro Tempore serves as President of the Senate when the Vice- President is not there. Orrin Hatch (R) The real power in the Senate is with Majority Leader – Mitch Mc. Connell (R)

LEGISLATIVE BRANCH NOTES 6. ORGANIZATION OF CONGRESS House of Representatives Speaker of the House presides over the House of Representatives. Paul Ryan (R) Nancy Pelosi served as Speaker of the House from 2006 – 2012, the only women in history to hold that position.

LEGISLATIVE BRANCH NOTES 7. CONGRESSIONAL BENEFITS Benefits Current salary for members of Congress - $174, 000 yearly. Members receive free travel to home state, and have an office staff budget. Also, the franking privilege, which is when members of Congress get free use of the postal system. Members of Congress get to use the Library of Congress for research and development of bills.

LEGISLATIVE BRANCH NOTES 7. CONGRESSIONAL BENEFITS Punishments Members of Congress may be expelled or removed from office for serious crimes. To punish less serious crimes the Congress may censure a person, which is to publicly embarrass a person for doing something wrong.