The Legislative BranchChapter 6 Notes

Big Ideas

The Constitution gives the legislative branch—Congress– the power to make laws.

While the Constitution limits the powers of Congress, it also gives Congress the powers it needs to conduct its business and to accomplish its goals.

Congress employs many staffers who help with the workload.

Several complex steps are involved in taking and idea and turning it into a law.

Organization

The United States Congress in a bicameral legislature, meaning it is made up of two houses.

These two houses are the House of Representatives and the Senate. Both work in the Capital building in Washington, D.C.

Terms and Sessions

Congress works in two year terms. Every two years, 1/3 of the Senate and the entire House is up for election.

Each Congressional term is divided up into two sessions, or meetings, typically lasting from January until November.

The House of Representatives

There are 435 members of the House.

Members are elected by a popular vote in each state.

Membership may change every 10 years with the results from the census (population count).

House Qualifications

Members must be at least 25 years of age.

They must live in the state they represent.

They must have been a U.S. citizen for at least 7 years before being elected.

The Senate The Senate has 100

members, 2 from each state.

Senators are chosen by a popular vote in each state.

Both Senate and House members should look to the people, or their constituents for guidance on what policies and laws to make.

Qualifications for Senators

Senators must be at least 30 years of age.

They must live in the state they are serving.

They must have been a U.S. citizen for at least 9 years.

Informal Qualifications

We look for other qualities in our elected officials as well.

What do we want in an elected official?

YOU TELL ME…

Leaders in Congress

Majority Party: The political party with the most members in a particular house.

Minority Party: A political party with less than a majority of members in a house.

Speaker of the House

The Speaker of the House is selected by a vote of House members.

The Speaker presides over House meetings and debates. The Speaker also gets to decide which bills are discussed in the House.

3rd in line for the Presidency.

Senate Leader

The Vice President is the “President of the Senate.”

When the VP is gone, the president pro-tempore presides. This means “for the time being.”

The VP only votes to break a tie.

Floor Leaders

Each party has floor leaders in each house. They speak for their parties and help push legislation their party wants. They try to persuade other members to support their legislation.

Committee Work Congress has broken itself

up into committees or smaller, specialized groups.

Each committee has a specific type of issue that it works with.

Standing committees are permanent.

Temporary committees serve a specific, special purpose on a select issue.

Joint committees include members from both houses and consider specific issues.

Examples: Agriculture, Foreign Affairs, Environmental and Public Works, Indian Affairs, and Natural Resources.

Legislative Powers

Expressed powers are those 17 specifically listed in Article 1, Section 8 of the Constitution.

Implied powers are those listed in the “elastic clause” which gives them the power to do what is necessary to carry out clauses 1-17.

“The Congress shall have Power - 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.”- Elastic Clause

Powers of Congress

The main duty is to make laws.

The House also has the authority to impeach, or accuse officials of misconduct in office.

If the House impeaches the official, the Senate will then put them on trial of impeachment.

Limits on Powers Congress cannot make a

law that: Suspends the “writ of

habeas corpus” or the court order requiring police to bring a prisoner to court to explain why they’re being held.

Punish a person without a jury trial (bills of attainder).

Punish a person for a crime they committed before the law was made (ex post facto laws)

Congressional Compensation Senators and House

members receive an annual salary of $169,300.

They also get free office space, parking, trips to their home state, low-cost life insurance, use of a gym, special restaurants, and a medical clinic.

They can also vote to give THEMSELVES a raise!

Behind-the-Scenes Each congressman has

helpers, or staffers in D.C. that work for them doing research and various other tasks.

Most also have offices in their home state with staffers working to keep in touch with the people.

Most also work with lobbyists (people hired by private groups to influence government decision makers).

What do they do?

Members do two things besides making laws on a regular basis.

The look at casework, or complaints made by the people. This helps them see how the Executive branch is doing enforcing programs.

They also try to help their state or district by getting money for public works projects, grants for research, universities, etc.

Pork Barrel Projects

Pork-Barrel Projects are things that benefit only a small district or area and are often attached to bills that congressmen know will pass. The entire country pays for these small, local projects.

Example: Bridge to Nowhere in Alaska.

How a Bill Becomes a Law

As many as 10,000 bills are introduced in a single term of congress, but only a few hundred will be passed into law.

Joint resolutions are bills passed by both houses of Congress and will become laws if signed by the President.

How a Bill Becomes a Law (short version)

A member will introduce a bill to their house. The house will then direct that bill to the appropriate committee where it will be discussed. If the bill gets out of committee, it will be placed on a calendar and discussed and debated by the whole house when it’s turn comes. If it passes, it goes to the other house. If both houses pass the same version, it goes to the president. If they pass different versions, they meet in a joint committee to work out their differences.

Vetoing a Bill

The President can sign a bill and it will then become a law.

The President can “veto” a bill and send it back to congress with his complaints.

If the President fails to act on a bill within 10 days, it becomes law.