The Legislative Branch Roots of the Legislative Branch
The Legislative Branch
Roots of the Legislative Branch
Structure of Congress • Article I of the Constitution Section 1. • All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. 1. House of Representatives 2. Senate 3. Qualifications and Terms
House of Representatives • • Originally directly elected (not the Senate) 435 Representatives Based upon state population Larger states have more representation o People in larger states are more equally represented Nonvoting Delegates (DC, Puerto Rico, Guam, Virgin Islands, American Somoa) Census Apportionment Reapportionment
House of Representatives Members: 435 plus 6 non-voting members Political groups Republican Party (242) (red) Democratic Party (193) (blue)
Senate Members: 100 (2 per state) 51 Democrats 2 Independents, both caucusing with Democrats (CT, VT) 47 Republicans
Congressional qualifications House • 25 years old • 7 years a citizen • Resident of the state • 2 year term • No term limits Senate • 30 Years old • 9 Years a citizen • Resident of the State • 6 Year Term • No Term Limits
History of the Senate • Originally elected by State Legislatures • 17 th Amendment - Senators Directly Elected • 100 Members - 2 Senators per state o All states represented equally • Six-Year term with 1/3 of seats up for reelection every two years.
Characteristics of the 2 Houses House of Representatives • • • 435 Formal/Rigid Rules Hierarchically Organized Acts more Quickly Concentrated Power Smaller Constituencies Less Prestige Limited Debate One major Committee Assignment • Bills of Revenue Senate • • • 100 Less Formal/Rigid Rules Less Hierarchically Organized Acts more Slowly Power Less Concentrated Larger Constituencies More Prestige Unlimited Debate 2 or 3 major Committee Assignments • Advise and Consent
Powers of Congress • Delegated (enumerated) Powers • Implied Powers • Non-legislative Powers
Delegated (Enumerated) Powers • • Borrowing Power to Tax Commerce Power Currency Power Bankruptcies War Powers Other Powers o Patents o Weights and Measures o Acquire Territory
Implied Powers • Powers not stated specifically in the Constitution • Elastic Clause - "necessary and proper" • Powers must be based on Delegated Powers
Nonlegislative Powers • Impeachment o Removal of federal officials for "treason, bribery, or other high crimes and misdemeanors. " o House may impeach by majority vote of members o Senate tries impeachment trial presided over by the Chief Justice. 2/3 vote to remove guilty official • Oversight & Investigation o Investigating the executive branch policies o Subpoena o Authorization o Appropriation
Organization & Membership • • • Membership Party Leadership Committee System Caucuses Support Agencies • Sessions o Both houses of congress meet for two year sessions. o January 3 rd of Odd-numbered years
Party Leadership in the House • Leadership in the House of Representatives o Speaker of the House § Most important member of Congress § Member of the Majority Party § Usually high in seniority § Rules on questions of procedure § Channels bills to committees § Presides over House debates § If the Speaker does not call on a member, he/she cannot say anything o Floor Leader o Majority Leader o Minority Leader o Whip
House Leadership
Party Leadership in the Senate • Leadership in the Senate o Vice President § Casts diciding vote in case of a tie o President pro tempore § Acts as leader of the Senate in Vice President's absence § Majority Party o Majority Leader § Most influential member of the Senate § Speaks first on the floor § Power in committee assignments o Minority Leader o Whip § Weaker than their House counterpart since Senators have longer terms and are less tied to their party
Senate Leadership
Committee System • Types of Committees o Standing o Select o Joint o Conference • Committee Assignments o Ratio of parties in the committee mirrors parties in the house o Usually what is best for the state o Media o Personality o Party Connections
Standing Committees House Committees Senate Committees Agriculture Appropriations Armed Services Banking and Financial Service Budget Commerce Education and the Workforce Government Reform House Administration International Relations Judiciary Resources Rules Science Small Business Standards of Official Conduct Transportation and Infrastructure Veterans Affairs Ways and Means �griculture, Nutrition, and Forestry A Appropriations Armed Services Banking, Housing, and Urban Affairs Budget Commerce, Science, and Transportation Energy and Natural Resources Environment and Public Works Finance foreign Relations Governmental Affairs Health, Education, labor, and Pensions Indian Affairs Judiciary Rulles and Administration Small Business Veterans Affairs
Caucuses • • • Informal Groups Discuss issues Advocate for a political ideology Plan legislative strategies Both Representatives and Senators Belong to more than one Caucus
Support Agencies • Library of Congress (LOC) • Congressional Budget Office (CBO) Studies Presidential budget proposals and come up with their statistics, predictions, and arguments • General Accounting Office (GAO) Audits government programs to make sure that appropriated money is being spent according to appropriation • Government Printing Office (GPO) Prints records of daily bills and speeches Publishes Congressional Record
Controversial Issues 1. Seniority System 2. Incumbents 3. Term Limits 4. Apportionment
Controversial Issues 1. � Seniority System o Members with the highest seniority are given chairmanship over committees o Problems § Ignores ability § Discourages younger members § Can lead to committee chair who is out of touch with public opinion o Defenders of seniority § Easy to apply 1. Eliminates fighting within the party 2. Experienced member is the chair 3. Protects chair from party influence
Controversial Issues 2. Incumbents o Incumbent - current person holding an office o Basis of seniority o Raising money is easier for incumbents o Name recognition o Free Publicity o Remind constituents of their work for their distiricts 3. Term Limits Pro • Keeps incompetent people from getting elected • Democracy fails if offices are not rotated • Congress would get new ideas from new members Con • Force experienced lawmakers to resign • Democracy is maintained as long as citizens vote • Term limits are unconstitutional
Controversial Issues 4. Apportionment o Mal-apportionment o Gerrymandering - drawing of boundaries of legislative districts to benefit one party or group and handicap another.
Gerrymandering About 4 million persons live in the five counties that comprise the SE corner of the state.
Gerrymandering in SE PA
Representational Role How should an elected official represent his/her constituents? • Trustee-representatives use their own best judgment • Delegate-representatives vote the way their constituents want them to • Politico-representatives act as trustee or delegate depending on the issue
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