The Legislative Branch Bicameral A legislative body with

The Legislative Branch

Bicameral A legislative body with two houses established by the Constitution- Article I modeled after the British Parliament

Term Length of time between elections in Congress terms begin according to the 20 th Amendment in January Terms are numbered consecutively 9, 10, 11, 12, 13, … 1 st Congress March 4, 1789

Session Formal meetings in which members perform legislative work (each term divided into 2 sessions) until WWII 4 month sessions currently full year sessions with short recess

Congress ends Jan. 3 2011

Vocabulary CONSTITUENTS the people who are represented CONTINUOUS BODY all seats are never up for election at the same time

“I have come to the conclusion that one useless man is called a disgrace, that two are called a law firm, and that three or more become a Congress. ” 1776, A Musical Play

“It can probably be shown by facts & figures that there is no distinctly native American criminal class except Congress. ” Samuel L. Clemens (Mark Twain)

If the opposite of pro is con, then the opposite of progress must be Congress.

House of Representatives æ# of seats not fixed æ apportioned distributed based on population æ serve 2 year terms without term limitation

House of Representatives n Reapportion Redistribute – every 10 years Census – 435 is “permanent” size • Congress can change size n Elections ALL re-elected – even number years

House of Representatives Districts – drawn up to elect reps. to House (Census) Gerrymander – to draw districts to give an advantage to a political party

House Qualifications *25 years of age *U. S. Citizen for 7 years *Inhabit state represented *can’t be arrested while in session unless commit treason OR felony custom dictates representative must live in district

Senate æ # of seats fixed by “C” 100 2 from each State æ 6 year terms æ Represent entire State NO DISTRICTS

Senate Older membership - House Senate House Prestigious less members; tougher to get elected HIGH media visibility staggered terms 1/3 expire each year

Senate Qualifications *30 years of age *U. S. Citizen for 9 years *Inhabit state represented

The Powers of Congress Expressed vs. Implied

The Expressed Powers of Congress n Powers given by (written in) the Constitution n NOT clearly defined; subject to interpretation

Peace Powers n To collect taxes n To borrow money n To regulate trade n n To establish post offices n To grant patents and copyrights To coin money n To create courts

War Powers n To declare war n To raise and support armies n To provide and maintain a navy n To make laws governing land naval forces

Implied Powers The Necessary and Proper Clause “To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof. ”

Implied Powers n Often called the “Elastic Clause” because it has allowed the Federal Government to stretch its powers.

Implied Powers Examples -…collect taxes --- IMPLIES the power to make tax evasion a crime and provide for its punishment -. . . raise armies and a navy --- IMPLIES the power to draft men into the armed forces -…regulate trade ---IMPLIES the power to fix minimum wages and maximum work hours n

The Non-legislative Powers n Impeachment –House has the sole power to impeach-bring charges against –Senate has the sole power to judge an impeachment case

The Non-legislative Powers n Constitutional Amendments n Electoral Duties – Election of a President by House, if no majority from the electoral college – Each state receives one vote – Election of V-P by Senate, if no majority from the electoral college

The Non-legislative Powers n Executive Powers –confirmation of major appointments by the President

The Non-legislative Powers n Investigative Power –Oversee operation of executive branch –Expose questionable activities of public officials

Interest group - a private organization that tries to “influence” lawmakers

Lobbying - the activities of a person for a pressure or interest group, usually influencing lawmakers

The basic job of a lobbyist is to try to get a member of Congress to vote in a beneficial way toward the group the lobbyist represents.

Congressional Voting Options n Trustee- Members of Congress vote on issues “as they see fit. ” They are not influenced by outside groups OR constituents

Congressional Voting Options n Delegate Member is an agent of those who elected them. Vote based on what “the folks back home” would want

Congressional Voting Options n Partisan Member owes 1 st allegiance to their political party. Leading factor in influencing votes.

Congressional Voting Options n Politico tries to balance all three

Congressional Voting Options n Sellout gives in to the pressure put on by lobbyists, interest groups, & PACs

Congress Organizes House of Representatives n Speaker of the House – Maintains order in the House – supposed to remain bipartisan in decision-making process – elected by peers - from the majority party

Congress Organizes House of Representatives n Majority Leader – top ranking official of the party with the most members – assisted by the majority whip n Minority Leader – top ranking official of the party with the least members – assisted by the minority whip

Senate n President of the Senate – Vice President of the United States – maintains order in the Senate – supposed to remain bipartisan in decision-making process

Senate n President Pro Tempore – performs the duties of the President of the Senate in his absence – elected by his peers - from the majority party

Senate n Majority Leader – top ranking official of the party with the most members – assisted by the majority whip n Minority Leader – top ranking official of the party with the least members – assisted by the minority whip

House of Representatives Speaker of the House Nancy Pelosi-D CA (John Boehner-R OH Jan 3, 2011) Majority Leader Steny Hoyer-D MD Senate President of the Senate Joe Biden-D (VP) President Pro Tempore Daniel Inouye-D HI Majority Leader Harry Reid-D NV Minority Leader John Boehner-R OH Mitch Mc. Connell-R KY

Committees in Congress standing committees - permanent committees – each house has own committees – chairmen chosen by party leaders – majority party holds majority in committee

Committees in Congress Joint committees – composed of members of both houses

House Standing Committees n n n Agriculture Appropriations Armed Services Banking, Finance, and Urban Affairs Budget District of Columbia Education and labor Energy and Commerce Foreign Affairs Government Operations House Administration Interior and Insular Affairs n n n n n Judiciary Merchant marine and Fisheries Post Office and Civil Service Public Works and Transportation Rules Science, Space and Technology Small Business Standards of Official Conduct Veterans’ Affairs Ways and Means

Senate Standing Committees n n n n Agriculture, Nutrition and Forestry Appropriations Armed Services Banking, Housing, and Urban Affairs Budget Commerce, Science, and Transportation Energy and Natural Resources n n n n n Environment and Public Works Finance Foreign Relations Governmental Affairs Judiciary Labor and Human Resources Rules and Administration Small Business Veterans’ Affairs

Joint Committees of Congress n n Economic Committee The Library Printing Taxation

How A Bill Becomes a Law House Bill Senate Bill A bill may be presented in either house 1. Referred to a committee 2. Then to a subcommittee 3. Committee decides future • recommend or decline Floor Action • Debate strict limitations After a bill is introduced and passed in one house it must go to the other for the same process. • recommend or decline Floor Action • Debate no limitations limited time to speak filibuster must be about the bill “talk a bill to death” Vetoed bill PRESIDENTIAL ACTION sign into law or veto Vetoed bill