Unit 4 The Legislative Branch The Legislative Branch

Unit 4: The Legislative Branch

The Legislative Branch: Congress Article I of the constitution gives the law-making power to Congress (House of Representatives and Senate) Members of Congress represents the people of a particular geographic area (the people who live in that area are called constituents) The job of each Congressman is to balance constituents’ needs with that of the country—find a common good

Structure of Congress Bicameral: Two chambers House of Representatives: Seats are apportioned (or decided upon) based on population; the larger the state the more representatives they have Ex Ohio= 16 California= 53 Wyoming=1 435 members (additional non-voting members, ex Puerto Rico, DC) Serve two year terms (entire body elected every two years) Senate: Two Senators from each state Six year terms (1/3 of seats up for election every two years)

Bicameral Britain had a two-house Parliament House of Lords (birth) and House of Commons(election) Ours Resulted from the Great Compromise How? Virginia Plan v. New Jersey Plan House more reflective of the people’s will because of frequent elections Senate would be less subject to the public because of longer terms Washington compared it to drinking hot coffee: “We pour legislation (from the House) into the senatorial saucer to cool it. ”

Checks and Balances Congress has large checks on other branches of government including Power of the Purse (approving spending) Appropriation: Set aside funds for a specific purpose Allows Congress to prevent the executive branch from carrying out policies it disagrees with. Pres can ask for money and Congress can say no BUT cannot lower the pay of the President and judges during their time in office

Checks and Balances, cont’d… Power of Advice and Consent President makes treaties, appointment of cabinet and government officials, etc. Senate must approve these Appointments (51 votes) except SCOTUS=60 Treaties (2/3) Impeachment Power to charge officials in executive and judicial branches with wrongdoing and bring them to trial Begins in the House—draws up charges, majority vote approves them Senate holds a trial, VP acts as a judge (or Chief Justice) 2/3 vote needed for guilty verdict Used in cases of treason, bribery or “High Crimes and Misdemeanors”

Checks and Balances, cont’d… Other Checks and Balances Can begin the amendment process Can override a presidential veto (2/3 majority) Oversight: Powers to review how the executive branch is operating and to make sure it is following the laws Congress has passed

Identify the Word… Article I Constituents Apportioned Bicameral House of Representatives

Identify the Word… Oversight Veto Appropriations Impeachment Senate

Powers of Congress Expressed Powers: Specific Congressional powers granted by the Constitution (taxation, coining money, regulating commerce, raising and maintaining armed forces and declaring war) Implied Powers: Powers only suggested by the Constitution (Necessary and Proper Clause)

Powers of Congress, cont’d… Inherent Powers: Powers that all governments of independent nations possess, do not need to be spelled out (Control borders, make agreements with other nations) Powers Denied Congress (No favorites or illegal punishment laws)

Expressed Powers Three categories: Finance and revenue: Levying taxes, borrowing money, indirect taxes, direct taxes Regulation and commerce Interstate commerce, Commerce Clause National defense President is Commander in Chief but Congress declares war, War Powers Act

Additional Expressed Powers Coinage power National postal service Copyrights and patents Weights and measures Bankruptcy Naturalization Federal courts Congressional elections

Implied Powers Framers couldn’t list all possible powers that future Congress would need, thus the Necessary and Proper Clause How should it be viewed? Loose v. Strict Constructionists Historically, Congress has used the Necessary and Proper Clause to create a variety of laws and federal programs not expressly stated in the Constitution (Social Security, Medicare, etc. )

Nonlegislative Powers Both houses: Propose amendments Conduct investigations Impeachments Confirming appointees Declaring War House: Choosing the President (if no candidate gets the majority of votes) Senate: Choosing the VP (if no candidate gets the majority of votes) Providing advice on appointments

Limits on Congress Separation of powers Judicial review Presidential veto power Executive interpretation/lax enforcement Cannot favor one state over another Cannot suspend habeas corpus No bills of attainder (declaring someone guilty without a trial) No ex post facto laws (retroactive punishment)

Can Congress Do That? ? !? ! License Professionals Regulate Trade within a State Collect Taxes Raise an Army Make Treaties Grant Copyrights Regulate Interstate Commerce Regulate Marriage (Between 2+ states) Regulate Gambling Declare War Make Traffic Regulations Regulate Education Fix Standard Weights Coin Money Punish Counterfeiters Enforce Laws

House of Representatives More closely in touch with the people Formal qualifications: 25 years old US citizen for at least seven years Resident of the state he/she represents

Reapportioning/Redistricting 435 members of the House representing 300+ million Americans Constitution requires reapportionment based on population shifts (via the census) Gerrymandering: Redistricting based on population shifts is left to the state, but typically parties in power tend to shift district lines to give their party the advantage

Reapportioning/Redistricting, cont’d… One Person, One Vote: Congressional districts within a state must be roughly equal in population

House Leadership Speaker of the House Elected by members of the House and comes from the majority party Paul Ryan (R-WI) is current So. H Jobs: Presides over debates, recognizes speakers, assigns bills to committees, determines when a bill will be brought up for debate, etc. Second in line of succession to the presidency

House Leadership, cont’d… Floor leaders One for each party, manages actions and strategy of the party, chief spokesmen for each party Majority Leader (party in power) Minority Leader Whips One for each party, encourages fellow party members to vote as the party leadership wants Party Caucus Meeting of all the House members from a particular political party, election of party officers take place here

Rules Committee House can make whatever rules it considers necessary to carry out its business Rules Committee: Decides when, how, and conditions of debate

Committees Standing Committees: Permanent, deal with major areas of legislation, typically have four subcommittees Select Committees: Carries out specific tasks like investigations Joint Committees: Both chambers, address broad issues that affect both House and Senate

Committees, cont’d… Committee Chairs: Great power, chosen by majority party Members request committee assignments House members can serve on only two standing committees and four subcommittees

Senate Considered the upper house, more power and prestige, must win statewide elections Formal qualifications: 30 years old US citizen for at least nine years Resident of the state he or she represents Six year terms, one third of the seats come up for election every two years Used to be selected by state legislatures (17 th Amendment)

Senate Leadership President of the Senate=Vice President of US Presides over debate, acknowledges speakers, but does not take part in debate, can’t vote (except to break a tie), President Pro-Tempore Presides over Senate when the VP isn’t there Chosen by Senate but is typically part of majority party with most service Third in line for Presidential succession

Party Leaders Senate Majority Leader: Voted on by majority party, spokesperson and strategist for the party, helps get party members desired committee assignments Senate Minority Leader Senate Majority/Minority Whips

Senate Committees 16 Standing committees/dozens of subcommittees Joint committees (with the House) Senators serve on no more than three committees and five subcommittees, assignments are determined by caucus Committee chairs: Powerful, set committee’s schedule, decide what bills will be discussed, always members of majority party

Senate Committee Power Provides advice and consent on certain top presidential nominees Debates and votes on any treaties the government negotiates (2/3 majority)

Rules and Traditions Filibuster Cloture: An end to debate (2/3 vote) Filling vacancies

Legislative Action From politicians, the president, constituents or special interest groups Both House and Senate introduce bills (but appropriations bills must begin in the House) May take on a single subject or a variety of subjects Riders Joint Resolutions Using military force (but not declaring war)

Legislative Action, cont’d… Concurrent Resolutions: Deal with issues for both houses and express an opinion but are NOT signed by the president

How a Bill Becomes a Law… First determine what committee will be assigned each bill House: So. H Senate: Majority Leader Written rules govern this referral process Can then be assigned to subcommittees

How a Bill Becomes a Law, cont’d… Committee and Subcommittee hearings: Subcommittees report findings to full committee Vote by full committee Revisions and additions Send to floor Written report explaining why they favor the bill OR…kill the bill Can result in a discharge petition (only in House)

How a Bill Becomes a Law, cont’d… IN THE HOUSE: So. H determines what bills will be debated House Rules Committee Adopts rules that will govern the procedures under which the bill will be considered by the House (because the House doesn’t have unlimited debating) Committee of Whole/Quorum Role Call Voting

How a Bill Becomes a Law, cont’d… IN THE SENATE: Majority Leader determines what bills will be debated No rules committee, unlimited debate Thus, a filibuster/cloture vote Roll Call Voting

How a Bill Becomes a Law, cont’d… Conference Committee If House & Senate pass different bills, it is then sent to the Conference Committee Basically formulates a compromise which is approved by both chambers Presidential Action Three Options Sign the bill, making it a law Pocket Veto the bill (can be overturned by 2/3 of both chambers)

Pork Barrel Bills Trying to get federal money for projects that benefit the home district of a member of Congress “Bringing home the bacon”