Legislative Branch

Article I

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.

SECTION 2.The House of Representatives shall be composed of

members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.

SECTION 3.The Senate of the United States shall be composed of

two Senators from each state, chosen by the legislature thereof, for six years; and each Senator shall have one vote.

Congress

The legislative branch of the federal government is called Congress 

Historical: the colonists were familiar with it because the British Parliament and most colonies had two houses

Practical: The States could not all agree on proportional or equal representation because the populations were so varied. The only way to get them to agree was to have two houses

Theoretical: The framers thought it would be easy for Congress to become too powerful, so dividing it would ensure that each house checked the other

See page 269

Terms and Sessions of Congress

A session is the period of time during which, each year, Congress assembles and conducts business

Each term has two sessions.The President may call a special session to deal with some matter of particular importance

ANALYZE CHART ON PAGE: 286 in book

Representation in Congress

There are two senators from each state

The number of House members for each state is determined by population

Turn to page 270 in your book

The Members of Congress

Most members of Congress were born in the states they represent

They usually have many years of political experience

The pay for Senators and Representatives are $174,000 a year

House of Representatives

There are 435 members of the House of RepresentativesThe number of seats a state receives is based on

populationAfter each census, the Census bureau decides on the

number of seats for each stateThe term for the house is two yearsMembers of the House play close attention to the “folks

back home” because their term is very shortThe Reapportionment Act of 1929:

set the house size at 435 Allowed reapportionment by the Census Bureau after each census

Congressional elections are held the Tuesday following the first Monday in November of each even numbered year (See page 274)

House of Representatives

An off-year (midterm) election is an election held in a year between Presidential elections

Members of the President’s party usually lose seats in off-year (midterm) elections

The members off the State’s dominant party have drawn district lines to ensure that the dominant party will win the highest possible number of seats in Congress

Wesberry v. Sanders said that districts must have equal populations; it ended the overrepresentation of rural areas in the House of Reps.

Gerrymandering/Qualifications: House of Representatives

Gerrymandering is the unfair drawing of district lines to favor one party over another

Candidates for the House of Representatives must be 25 years of age must have been citizens of the United States for

at least seven years Must live in the state they represent

Gerrymandering

Gerrymandering

Size and Term: Senate

There are 100 senators serving in the Senate today, two from each state

A senator’s term in office is six yearsThere is no limit to the number of terms a

Senator may serveSenators must be at least

30 years old citizens of the United States for at least nine

years and residents of the states they represent

Because of all of its seats are never up for reelection at the same time, the Senate is known as a continuous body

Senate

The Senate is considered the upper house because it is smaller with members who have longer terms and higher qualifications

Senators serve for six years so they have more time between elections and feel less public opinion pressure

Only one Senator from a state is elected in a given election except if the other dies, resigns, or is expelled

Because of the 17th amendment, Senators are elected in an at-large election rather than selected by State legislatures

The small size allows Senators to gain more recognition. The Senate focuses on more national issues than local ones.

Members of Congress cast their votes as politicos, trustees, delegates, and partisans

Members of Congress receive many benefits. Some include a tax deduction, travel allowances, medical care, and the franking privilege, which allows them to mail materials for free.

Powers of Congress

The delegated powers of the Congress include the expressed, implied, and inherent powers

The Court’s decision in the 1824 case Gibbons v. Ogden opened the way to the involvement of the national government in many aspects of American life

The commerce power is limited. For example, Congress cannot tax exports

Book PAGE 297

The Taxing and Other Money Powers

Congress can charge an amount of money on persons or property called a tax to raise money for public needs

Taxes can also be used to protect domestic industry and to protect public health and safety

The Constitution places four limits on the taxing power (public purposes, excludes exports, direct taxes apportioned among the states, indirect taxes at the same rate)

Book page 301

Taxing and Other Money Powers

Because the federal government usually spends more money than it takes in, it has to use deficit financing. The borrowing power allows Congress to do this.

The Supreme Court ruled that the issuing of paper money was a proper use of the currency power

Both national government and states can regulate bankruptcy

See page 302

The Other Expressed Powers

Only Congress can declare warThe War Powers Resolution was meant

to limit the President’s war-making powers

A copyright gives a person the exclusive right to reproduce, publish, and sell his or her creative work

The power of eminent domain gives the government the right to take private property for public use

The Implied Powers

The Necessary and Proper Clause is also known as the Elastic Clause because it has been stretched to give Congress broad powers

The strict constructionists wanted Congress to use only the powers written into the Constitution

The liberal constructionists believed Congress should be able to expand its powers when needed

Powers of Congress

Every use of the implied powers must be based on on of the expressed powers

Congress has passed amendments to the Constitution by a two-thirds vote 33 times

If no presidential candidate receives a majority of electoral votes, the House selects the President among the top three candidates

Impeachment and Executive Powers

The House has impeached two Presidents: Andrew Johnson and Bill Clinton

After impeachment, conviction requires a two-thirds vote in the Senate. No President has ever been convicted.

The Senate must approve appointments and treaties made by the President

One reason Congress may investigate a matter is to gather information when writing new laws

Congress in Action

The Speaker of the House is chosen from the majority party and leads the House of Representatives

The Vice President of the United States serves as the president of the Senate

When the Vice President cannot be present, the president pro tempore takes the Vice President’s place

Chart page: 333, write down leaders!

Party Officers and Committee Chairmen

Congress selects the majority and minority leaders of both houses at party caucus meetings

Committee chairmen are the leaders of the standing committees in both houses of Congress.

Important jobs in Congress are assigned by a custom called the seniority rule

Interpret charts on page: 334-335

Committees in Congress

Standing committees are permanent committees that consider all bills dealing with a certain topic.

Subcommittees do most of the work of standing committees

The House Rules Committees decides what bills will be reviewed by the full House

Select committees are set up for a limited time to handles issues of national importance

A committee with members from both the House and Senate is called a joint committee

Making Law: The House

A bill is a proposed law. A resolution is a measure dealing with a matter in one House and does not require the President’s signature.

Concurrent resolutions require the House and Senate to act together. They are not as strong as law.

A rider is sometimes added to a bill because it cannot pass on its own

After a bill is introduced, it receives its first reading

See page 339

Bills In Committee

Most bills are pigeonholed in committee which means they are set aside and no longer considered.

A discharge petition can get a bill released from committee if it is signed by a majority of the House.

Subcommittees sometimes hold hearings to learn more about a proposed bill

There are five calendars for the House of Representatives

Bills on the Floor

The Rules Committee sets the day when a bill will be discussed on the floor

Important bills are sometimes considered by the Committee of the Whole to help them pass more quickly

For a vote to take place in the House, there must be a quorum

Interpret chart on page 345, After which step do most bills die?

The Bill in the Senate

Unlike the House, the Senate has only one calendar for bills reported out of committee

A filibuster, or lengthy debate can be used to prevent the Senate from voting on a bill

The Cloture Rule limits how much time a measure can be discussed on the Senate floor

A filibuster is often used by the minority party

See book page 354. Write steps to bill becoming a law

Conference Committees

Both houses of Congress must pass the exact same bill

If there are differences in a bill, a conference committee must work out a compromise bill acceptable to both the House and the Senate

The President may veto bill to keep it from becoming a law. Or, by not acting on a bill, a President can use a pocket veto to reject the bill

If the President vetoes a bill, it can still become a law with a two-thirds majority vote in both houses Congress

House (Left Side)

House: Bill is introduced and assigned to a committeeSUBCOMMITTEE: Members study the bill , hold hearings, and

debate provisions. Marks up the bill. If it passes, it goes to Committee

COMMITTEE: Full Committee considers the bill. If it approves the bill in some form, the bill goes to the Rules Committee

RULES COMMITTEE: It issues a rule to govern debate on the floor

FULL HOUSE: Debates the bill and may amend it. If it is different from the Senate version, it must go to a Conference CommitteeFULL HOUSE: Votes on bill, if it passes it goes to the President

PRESIDENT: Can sign or veto the bill. Congress can override a veto with a 2/3 majority vote in both the House and the Senate

SENATE (Right Side)

SENATE: Bill is introduced and assigned to a committee which refers it to a subcommittee

SUBCOMMITTEE: Members study the bill, hold hearings, and debate provisions

COMMITTEE: Full committee considers the bill. If it approves the bill in some form, bill goes to Rules Committee

FULL SENATE: Debates the bill and may amend it. If it is different from House version, it must go to a conference committee

CONFERENCE COMMITTEE: Senators and representatives meet to reconcile differences between bills

FULL SENATE: votes on bill, if it passes, it goes to the president

Directions: On the index card provided, define the words

Adjourn Reapportion At-large election Special session BicameralTermHouse of

RepresentativesSenate CensusGerrymanderingSession Joint CommitteeStanding committee

BillFilibusterChecks and balances federalismsuffrageElastic ClauseNecessary and

Proper clauseSpeaker of the

HouseDeficit financingVetoPoliticoTrusteeDelegate

ConstituentPartisanCopyright1st amendment2nd amendment5th amendment6th amendment8th amendment13th amendment14th amendment15th amendment19th amendment21st amendment