The Legislative Branch UNIT FOUR Legislative Branch Review

The Legislative Branch UNIT FOUR

Legislative Branch Review 1. Functions: • Lawmaking, • Representing the people, • Performing oversight, • Helping constituents, • Educating the public

Legislative Branch Review 2. Powers of Congress Include: A. B. C. D. E. F. G. H. I. J. K. L. Levy and collect taxes for defense and general welfare Borrow money Regulate interstate and foreign trade Determine naturalization and bankruptcy laws Coin and print money, set its value and punish counterfeiters Establish standard weights and measures Establish post offices and post roads Make patent and copyright laws Create a federal judiciary under the Supreme Court Define and punish piracy and uphold international laws Maintain a military, Oversee the militia and Declare war Oversight and investigation of agencies and officials

Legislative Branch Review 3. Members A. Senate 1. Qualifications a. 30 Years Old b. American citizen for 9 years c. Resident of state elected 2. Method of Selection – Election by the people 3. Term of office – 6 years 4. Members per state – 2 5. Powers exclusive to the Senate a. Confirm Presidential appointments b. Approve/reject treaties c. Acts as the Jury for impeachment trials d. Selects the Vice President if the Electoral

Legislative Branch Review B. House of Representatives 1. 2. 3. 4. 5. Qualifications A. 25 years old B. U. S. Citizen for 7 years C. Resident of state elected Method of Selection – Election by the people Term of Office – 2 years Members per State – Based on population – 435 total Powers exclusive to the House A. Originates revenue bills (taxes) B. Initiates the Impeachment process C. Elects President if Electoral College fails to do so (voting by state delegations for one of the top three finishers, a majority of the states needed for

Voting Options • Trustees- each decision is made on its merits. Judge independently. • Delegates- vote the way “the folks back home” would want. • Partisans- vote with your party • Politicos- balance of the above

The U. S. Congress in Brief • Bicameral • Senate • 100 members • Six year terms • More prestigious • House • 435 members • 2 year terms • Reapportioned after each census

Congressional Duties • 1. Legislators • 2. Committee members • 3. Representatives of their constituents • 4. Politicians/Statesmen/Stateswomen

Officers of the Legislative Branch • President of the Senate • V. P. Mike Pence –R- Indiana • Less power • Presiding officer but may not speak or debate • President pro tempore • Resides in V. P. ’s absence • Elected by the Senate • Majority Party • Currently: Charles Grassley, R - Iowa

Officers of the Legislative Branch • Senate Republican Majority Leader: • Mitch Mc. Connell, R – Kentucky • Senate Democratic Minority Leader: • Chuck Schumer, D – New York

Officers of the Legislative Branch • Speaker of the House • Currently: Nancy Pelosi, D - California • Presiding officer of the House • Job: chairs Rules Committee, acknowledges speakers, signs bills, appoints committees, calls a vote.

Officers of the Legislative Branch • Floor leaders: • Majority and Minority in the House and Senate (Democratic majority as of January, 2019) • Kevin Mc. Carthy Steny Hoyer • R – California D - Maryland • Legislative strategists • Assisted by Majority and Minority Whips

Officers of the Legislative Branch • Committee Chairmen • Heads of standing committees • Chosen by majority members • Usually selected by seniority rule • Set the agendas for their committees • Can pigeonhole bills they don’t approve • Some are quite powerful: ex. House Ways and Means (starts all tax bills); Senate Judiciary (approves all federal judges)

Committees in Congress • Standing committee: permanent groups which all similar bills could be sent. (Ex. Appropriations Committee) • Select committee: a special group set up for a specific purpose for a limited time. (ex. Senate Watergate Committee) • Joint Committees: includes members from both houses.

Committees in Congress • Informal groupings- Black Caucus, Democratic Study Group, House Republican Study Group, Pro-Life Caucus, etc. • Conference Committee- temporary joint body to iron out different versions of a bill

How does a Bill become a law? • Bills- proposed laws, or drafts of laws presented to the House or Senate for enactment. • Two types: • Public- measure applying to the nation as a whole- (tax bills) • Private-only apply to certain persons or places rather than to the nation generally.

How does a Bill become a law? • Only members may introduce bills. • The clerk of the house numbers each bill and gives it a short title. • The bill is referred to a standing committee, where most bills die. • Discharge petition: enables members to force a bill to floor action that has been in committee 30 days.

How does a Bill become a law? • Subcommittees: divisions of existing committees, holds public hearings or may take a junket, or trip to an area affected by a measure. • Committee’s choices • “do pass” • Pigeonhole: refuse to report • Support with unfavorable recommendation. • Report a committee bill - modified

How does a Bill become a law? • The House Debates the bill • The House votes on the bill • Amendments can be added during this time. • Voting is now electronic • Same process in the Senate • If versions are the same it goes to the President. • If versions are different it goes to a Conference Committee.

Tools For Delay in Congress • Filibuster: an attempt to “talk a bill to death” in the Senate (traditionally, Senators can hold the floor for as long as they wish as long as they stand keep talking). • Record: Senator Strom Thurmond: held the floor for 24 hours in an attempt to kill the Civil Rights Act of 1957.

Tools For Delay in Congress • Cloture – a measure in the Senate to close debate and bring a measure to a vote • 60 votes (3/5 majority) is necessary to invoke cloture • In the House, bills are given a set time for debate and a set number of promoters and opponents determined by the Rules Committee – no filibusters

Final Approval of a Law • When a bill has been approved by both Houses, and/or reconciled by a Conference Committee it is sent to the President for his signature • If the President signs it, the bill becomes law • The President can also veto the bill, usually with a message explaining his reasons, or “pocket veto” the bill (take no action and in the meantime Congress adjourns) • Congress can override the veto by a 2/3 vote in both Houses – the bill is now a law

Congress and the Amendment Process • For proposed Constitutional Amendments, Congress must approve the measure by a 2/3 vote of both Houses • The proposed Amendment is sent to the states, nowadays with a time limit for final passage (normally 7 years) • If ¾ of the states approve the measure the Amendment becomes part of the Constitution