Constitution Article One

  • View
    1.424

  • Download
    0

Embed Size (px)

DESCRIPTION

Ms Rocky's History 8: The Constitution Article One

Text of Constitution Article One

  • 1.ARTICLE ONE Requirements, Duties, and Characteristics of the Legislative Branch.

2. BicameralLegislature Article 1, Section 1: which shall consist of a Senate and House of Representatives.

  • Our Congress is split in two houses:
    • TheHouse of Representatives hasproportional representation
    • TheSenate hasequal representation

3. BicameralLegislature Article 1, Section 1: which shall consist of a Senate and House of Representatives.

  • The Senate : 100 people
    • 2 Senators per State
    • Changes only when States are added or subtracted
  • The House of Representatives: 435 people
    • Divided every 10 years to reflect the most current census/population figures

4. What is Fair? How should representing the states balance the big and the small?NJ Plan: Equal Representation Pro: all have equal say. Con: peoples votes arent equal. VA Plan : Proportional Representation Pro: peoples votes are now weighted evenly. Con: small states have little say vs Great Compromise: Create a legislature with 2 houses, balance responsibilities between the two, andcreate a more perfect unionof big and small. 5.

  • A balance is created between the big and the small states.
  • In 200o, Bush won more states than Gore, but Gore won more people.
  • Ideally, this example represents the idea of both plans.

6. A balance in population is a little more clear here. This map shrinks/expands each state based on population. 7. The Census & Congress

  • The Reapportionment Act of 1929:
    • Capped the size of the House at 435
  • The Census 2000apportionment populationwas 281,424,177
    • 1990 : Census apportionment shifted 19 seats
    • 2000 : 12 seats shifted from one state to another
    • 2010: ?????

8. The Congress decides the method to calculate theapportionment

  • Several apportionment methods have been used
    • 1st Census 1790
    • Census 2000 -calculated using the method of equal proportions, in accordance with the provisions of Title 2, U.S. Code
      • Used in every census since the 1940 census
      • First, each state is assigned one congressional seat, as provided by the Constitution
      • The apportionment formula allocates the remaining 385 congressional seats one at a time among the 50 states until all 435 seats are assigned
      • The goal of apportionment is to produce the mostequitable distributionof congressional seats among the states
      • The method of equal proportions attains this by minimizing the percentage differences in the size of the congressional districts.

9. Population Per Representative from 1793 thru 2003 10. Total Size of the US House from 1793 thru 2003 11. Apportionment Map 12. Party Distribution of the House(Feb 10) 13. Characteristics of the 2 Houses Article 1, Section 2 (Clauses 1 & 2); Section 3 (Clauses 1,2 &3) All Reps/Senators are elected by direct election the people vote directly for them. Senate House of Representatives 6 Years Length of Term 2 Years 30 Years Old Age Minimum 25 Years Old Live anywhere in state Residency Requirement Live in district 9 year US citizen Citizenship Requirement 7 year US citizen 100 Total # 435 2 From IL 19 New Jersey (NJ) Plan favors small states More Like: Virginia (VA) Plan favors big states 14. Our Congress People Are:

  • RepresentativeMaize Hirono (D) 2 nd District
    • Serving in her 4 thyear (2 terms ) * up for reelection in 10*
    • SenatorDaniel Inoyue (D) elected January 3, 1963
      • Serving in his 47 thyear (10 terms)* up for reelection in 10*
  • SenatorDaniel Akaka (D) elected May 16, 1990
    • Serving in his 10 thyear (5 terms) * up for reelection in 10*

15. Leadership of the House Article 1, Section 2, Clause 5:The House of Representatives shall choose their Speaker and other Officers

  • Speaker of the House is voted on by the Representatives.
    • Currently Nancy Pelosi (D-CA)
    • Considered to be the most powerful person in the US, as s/he controls which bills get voted on and when.
  • Republicans and Democrats also elect leaders to represent their causes, mainly theMinority Leader .
  • Whips : both parties have them responsible for getting people on board with votes.

16. Leadership of the Senate Article 1, Section 3, Clause 4:The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

  • The Vice President leads the Senate as the President of the Senate.
    • The Vice President only votes to break ties.
    • The VP does not run day-to-day business
    • Acts as a presence to remind the Senate of the Presidents wishes and power.

Article 1, Section 3, Clause 5:The Senate shall choose their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of the President of the United States. 17. Leadership of the Senate Article 1, Section 3, Clause 4:The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

  • The Senators also have apresident pro tempore .(Daniel Inouye of D HI)
    • Only formally takes charge when the VP is not there
    • The highest-ranking official in the Senate

Article 1, Section 3, Clause 5:The Senate shall choose their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of the President of the United States. 18. Impeachment Process Article 1, Section 2, Clause 5; Section 3, Clauses 6 & 7 19. Other RequirementsArticle 1, Sections 4, 5, & 6

  • Since 1872, Congress requires all states to hold elections for Senators and Reps on the same day
  • Rules are set (and are very long and detailed)
  • Each house setsquorum :
    • Senate : 51members
    • House : 218 members

20. Other Requirements:Quorum Article 1, Sections 4, 5, & 6

  • Aquorumis the minimum number of members of a
  • deliberative assembly :a body that uses parliamentary procedure, such as a legislature
  • necessary to conduct the business of that group.
  • According toRobert's Rules of Order Newly Revised, Tenth Edition , the "requirement for a quorum is protection against totally unrepresentative action in the name of the body by an unduly small number of persons."
  • The termquorumis from Middle English wording of the commission formerly issued to justices of the peace, derived from Latinquorum , "of whom."

21. Other RequirementsArticle 1, Sections 4, 5, & 6

  • Congressional Record all votes, speeches and actions are recorded everyday and available to the public (now online)
  • $$$ - All make $170 k, with leadership making more
  • Cannot be arrested or sued ( immunity ) for something they say during debate, unless it is a criminal act
  • Cannot hold anothergovernmentjob while serving in Congress

22. Congress Primary Job: Make Laws Article 1, Section 7:Law Making Process

  • Vesting clause : all the governments power to write laws lies in the legislative branch.Nowhere else.

23. How a Bill Becomes a Law 24. Enumerated powers of CongressArticle 1, Section 8, Clauses 1-18: Congress shall have the power

  • Collect Taxesfor the common defense and general welfare
    • Taxes must be the same in all parts of the country.
    • Also gives Congress power to spend money like Paige at the mall!
  • Borrow moneythrough bonds bought by Americans.
  • Establish laws onNaturalization :
    • The process by which an immigrant becomes an American citizen.
  • Regulate all trade(between states or countries).

25. Enumerated powers of Congress ContArticle 1, Section 8, Clauses 1-18: Congress shall have the power

  • Coin Money!
    • Determine the value of each piece.
    • Also regulates weights and measures.
  • Punish counterfeiting.
  • Establish Post Offices, delivery of mail.
  • Develop a system of patents and copyrights.
  • Establish courts.
    • Congress determines the number of courts and judges at eachinferior,or lower court (as in lower than the Supreme Court).

26. Enumerated