congress: the legislative branch
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CONGRESS: THE LEGISLATIVE BRANCH
By. Janine Hepler
Congress Legislative (lawmaking)
branch of government
1st branch described in the Constitution Article I
Founders intended Congress to lead the executive & judicial branches
Bicameralism Congress is made of 2 chambers (houses)
Congress
Senate
House of Representatives
Why Bicameralism?—3 Reasons
1. Historical Roots British Tradition
(Parliament)
2. Federalism Resolved population
debate (VA vs. NJ Plan)
3. Checks & Balances Gives power to both
Houses
Congress ReviewHOUSE SENATE
SizeConstituencyTerm LengthAgeLength of CitizenshipResidence
Roles Played by Our Representatives
The Members of Congress
The Balancing Act Congress men &
women take on many roles in their daily jobs as our leaders—as they vote on bills
The Members of Congress: Roles
Legislator
Committee Member
Delegate Trustee
Partisan Politico
Assignment Read pgs. 249-53 Describe the
duties that member of Congress fulfill within each role—defining each
Answer questions #1, 2, & 4 on pg. 253
Legislator MAIN JOB Makes laws
Committee Member Works with other members Screens bills & oversees
Executive branch
Delegate Represents constituents Acts/votes as agent for “folks
back home”
Trustee Decides issues on merit alone—
regardless of others Votes according to “gut”
Partisan Votes in line with wishes of party
platforms & leaders
Politico Combines ALL other roles Acts as “practical politician”
Cong
ress
iona
l Rol
es
REVIEW: Congressional Roles Voting NO on a bill that eases abortion laws because it goes against your
party’s platform. Voting YES on a bill that increases benefits paid to soldiers fighting in
Afghanistan because you personally believe in the war against terrorism Voting YES on a bill that will bring new jobs to Stark County because
many of your constituents are unemployed & are seeking work. Voting NO on a bill that would raise taxes because you feel that it goes
against your party’s beliefs, your personal wants, & the needs of your constituents.
Delegate Partisan Politico Trustee
Congressional Compensation & Privileges
Compensation & PrivilegesSalary $174,000
Privileges “Cloak of Immunity”
Immune from arrest for misdemeanors during congressional sessions
Can’t be sued for libel
Other Compensation Tax deductions Travel allowances Low-cost health insurance Pension plan Money for offices/staff Franking privilege
A Closer Look
The House of Representatives
The “People’s House” Closest to the people—
lower house Smallest constituency
Once the only branch of the federal government that was directly elected
House Qualifications & Terms
25 years oldAge7 yearsCitizenship
Within StateResidency2 yearsTerm Length
Unlimited# of Terms
Facts About the House… Population-based
435 members
Every state has at least 1 member
Members are apportioned & reapportioned every 10 years
Characteristics of the House Younger membership Less prestigious Lower visibility Concentrated power Organized by hierarchy Smaller constituencies Acts more quickly Formal & rigid rules
Jim Renacci (R)
Membership Profile Long-standing, respected
community members
Upper-income, wealthy professionals
Active in civic/local) organizations
Politically-experienced (state/local)
Why Incumbents Rule! Incumbents almost
never lose 92% Reelection Rate
since WWII
Name Recognition
Greater Media Access
Better Funding
Accumulate political goodwill “Pork Barrel” spending
projects
Louisville is
represented by
DISTRICT 16
Ohio must reapportion its
districts following the 2010 census.
LOSING 2 SEATS
The Reapportionment Act of 1929 ONLY affects the _____ chamber of Congress NOT the _______.
The Reapportionment Act of 1929 fixed the size of the House of Representatives at _____ total members.
According to the Act, the results of the ______ taken every 10 years would be used to _________ House seats.
Following the census, __________ in the states are redrawn to reflect the population change.
REVIEW: Reapportionment Act of 1929
Where did gerrymandering come from?
● The original gerrymander was created in 1812 by Massachusetts Governor Elbridge Gerry, who crafted a district for political purposes.
● Boston Weekly Messenger thought it looked like a salamander. And named it the “Gerrymander”
The Original Gerrymander
What is the purpose of gerrymandering?
• To concentrate opposition votes into a few districts to gain more seats for the majority in surrounding districts (called packing)
-OR-• To diffuse minority strength across many
districts (called dilution).
A Closer Look
The Senate
The “Upper House” More prestigious than
the House of Representatives
Larger constituencies
Equal representation for each state
Facts About the Senate Each state is given 2
Senators
Senators are elected at-large by direct vote
Encouraged to debate issues
Continuous Body
Senate Qualifications & Terms
30 years oldAge9 yearsCitizenship
Within StateResidency6 yearsTerm Length
Unlimited# of Terms
Characteristics of the Senate Older membership Less formal & rigid rules Less hierarchy Acts more slowly Power is less concentrated Larger constituencies More prestige Higher visibility Unlimited debate Approves & rejects Presidential decisions
Membership Profile Wealthy membership
Focus on reelection campaigns
Face higher prestige & increased responsibility than their colleagues in the House
Use Senate as stepping stone to higher office
Rob Portman (R)
Sherrod Brown (D)
Congressional elections are held on the ________, following the first _________, in ____________ during ____________ years.
Members of the House run for reelection every ___ years.
Every 2 years, ____ of the Senate stands for reelection, thus they are described as a _________.
Elections held in non-presidential years are referred to as ______ elections
REVIEW: Congressional Elections
Strict vs. Liberal Construction
The Scope of Congressional Power
Historical Perspective Framers intended to create a new & stronger National
Gov’t.
Many of the conflicts b/t Federalists & Antifederalists centered on the powers of Congress
Strict vs. Liberal ConstructionStrict Liberal
Definition
Major Proponent
Implied PowersNational PowerState Power
Growth of National PowerFactors Liberal Construction Wars Economic Crises National Emergencies Advances in Technology &
Communication Citizen Demands
(Services)
Congress & the Constitution The Constitution
places many restrictions on Congress Many powers are
denied
Things Congress CAN’T Do… Create a national public school system Require that everyone attend church Set a minimum driving age
Powers Granted to Congress
ExpressedAKA enumerated
Clearly stated
EX.) power to declare war
ImpliedDeducted from clearly stated powers
Made possible by Elastic Clause
EX.)Drafting soldiers
InherentPowers possessed by all sovereign states
NOT expressedEX.)Gaining territory
REVIEW: Constitutional Interpretations
Strict Liberal
BOTH
Congress’ Powers
Constitutional Framework Constitution is both
highly specific & vague about the powers Congress may exercise
Article I, Section 8 specifies most of Congress’ enumerated powers
Expressed Powers: Money & TradeTaxation Lay & collect income taxes Allows Congress to pay
debts & provide for the common defense/general welfare
Expressed Powers: Money & Trade
Expressed Powers: Money & Trade
A Side Note: The National Debt
Expressed Powers: Money & Trade
Expressed Powers: Money & Trade
Other Expressed Powers
Other Expressed Powers
Other Expressed Powers
Other Expressed Powers
Other Expressed Powers
Judicial Powers Create Federal Court
system
Punish 4 specific crimes: Treason Counterfeiting piracy/felonies on the high
seas offenses against law of
nations
Other Expressed Powers
Other Expressed Powers
Other Expressed Powers
Other Expressed Powers
Eminent Domain Government’s right to take
private property for public use
The Nonlegislative Powers of CongressConstitutional Amendments May propose an Amendment
Current Issues Worthy of Amendments… prayer in public schools abortion prohibiting flag burning requiring a balanced budget
.
The Nonlegislative Powers of Congress
The Nonlegislative Powers of CongressImpeachment House votes on articles of
impeachment (indictment) Senate tries defendants
(conviction, possible removal)
Impeachment: formal charge, accusation of misconduct brought against a public official
The Nonlegislative Powers of Congress
Executive Duties Senate confirms major appointments & treaties
made by the President
Senatorial Courtesy: Senate will turn down Presidential appointment of a federal officer to serve in a particular state if the appointment is opposed by a Senator of the President’s party who is from the State involved
The Nonlegislative Powers of Congress
Investigatory Powers Congressional Committees &
Subcommittees Gather information Oversee actions of executive
agencies Expose questionable
activities by public officials Promote the interests of
some members of Congress
The Nonlegislative Powers of CongressCensure Congress may censure
someone by issuing a formal condemnation of the individual’s actions
Meant to shame the official—severe punishment (short of expulsion) Only used 4x in history
Charles Rangel—20 term Congressman
POP QUIZ: Powers of Congress
1. Create a Venn Diagram comparing & contrasting:
Strict vs. Liberal Construction of the Constitution
Include the following: Description of viewpoint Major Supporter Attitude toward use of
implied powers Level of government that
should hold the most power
2. Define each of the following types of power:
• Expressed• Implied• Inherent
&Provide an example of EACH power as it pertains to things that Congress is allowed to do
10 Points
Congressional Checks & Balances
Congress Organizes
Presiding Officers
Leadership in the House Strict leadership &
discipline is necessary 435 members
Leadership positions are organized by party
House reorganizes itself on opening day 3rd day of Jan. in odd #
years
Freshman Class of the 112th Congress
Speaker of the HouseJohn Boehner
Majority LeaderEric Cantor
Majority Whip
Minority LeaderNancy Pelosi
Minority Whip
House Body: Everyone Else
House of Representatives
Speaker of the House Single-most important
member of Congress Presiding Officer Party Leader Most powerful & visible Only leadership position
specifically mentioned in the Constitution
3rd in line for Presidency*John Boehner (R)--Ohio
The Speaker’s Power Determine committee
assignments Preside over House Interpret rules Channels bills to committee Sets agenda & schedules
action Coordinates policy agenda
with Senate leadership
Majority & Minority Leaders
Main job of both floor leaders: make sure laws pass that their parties want
Majority leader= top assistant to Speaker
Minority leader= leader of opposition party in the House
Eric Cantor
Nancy Pelosi
Whips Assistant Floor Leaders
Deputies responsible for maintaining party loyalty & “counting heads” on key votes
Main role: gather members support for legislation
Leadership in the Senate With only 100 members,
leadership isn’t as rigid—less formal
Members are on a 1st name basis with each other
Dramatically different than the House
Vice PresidentJoe Biden
President Pro TemporeDaniel Inouye
Majority Leader
Majority Whip
Minority Leader
Minority Whip
Senate Body: Everyone Else
The Senate
Vice President Constitution gives VP the
symbolic title “President of the Senate” Little real authority
President Pro Tempore—leader chosen in absence of the V.P.
Joe Biden
Daniel Inouye
Floor Leaders Majority & Minority
leaders hold the real power in the Senate
Allowed to speak 1st during debate
Represent Senate to outsiders
Helped by whips
Powers Schedule floor debate Determine committees Select Conference
Committee members Act as spokespersons Mobilize support
for/against the President
Committees in Congress
The BIG Idea…
Standing Committees
Definition: Permanent group of either House or Senate
members to consider bills on specific subjects
Committee Functions: Investigate, evaluate, & sift through proposed bills
Examples: (List on pg. 291) Agriculture, Banking & Financial Services, Armed
Forces, Veterans’ Affairs, Science, Ways & Means
Select Committees
Definition: Temporary panel set up for some specific purpose
Committee Functions: Investigate some current matter for possible new laws or
for special issues
Examples (from 1987): House Committee to Investigate Covert Arms Transactions w/Iran Senate Committee on Secret Military Assistance to Iran & the
Nicaraguan Opposition
Joint Committees
Definition: Committee composed of members from BOTH
chambers (House & Senate)
Committee Functions: Investigates & issues reports, deals with issues
common to both houses, some have routine duties
Examples: (List on pg. 291) Economic, The Library of Congress, Printing,
Taxation
Conference Committees
Definition: Temporary & composed of members of BOTH
chambers (House & Senate)
ONLY Function: Irons out differences between similar bills in the
House & Senate versions—produces compromise bills
The House Rules Committee Acts as a “traffic cop”
in the House of Representatives
Explanation Why: Decides the order in
which bills come up for a vote
Determine the rules for the length of debate & opportunity for amendments
Congressional Committee System
REVIEW:
in REVIEW
Can you define EACH of the 4 types of committees?
Standing Select
Joint Conference
Congressional Leadership Positions
REVIEW
Who Am I?
Who Are We?
*Act the same in BOTH House & Senate
Who Am I?
Who Am I?
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