the legislative branch beginning in january each year, 535 members of congress come together to...

The Legislative

Branch

Beginning in January each year, 535 members of Congress come together to determine such things as the safety of your workplace, the amount of taxes you pay, and how much money the government will spend.

The Legislative Branch

●Article I of the U.S. Constitution gives

Congress the power to make laws.

●Congress is a bicameral legislature – it is made up of two houses, the Senate and the House of Representatives.

The Capital Building in Washington, D.C.

House of

Representatives Senate

The Mall in Washington D.C.

The White

House

The Supreme Court

I. Congressional Powers

I. Congressional Powers

●The Constitution describes the legislative powers of Congress in Article I, Section 8, Clauses 1-18.

●The expressed powers of Congress are also called the enumerated powers.

●The last clause (18) gives Congress the power to do whatever is “necessary and proper” to carry out its other powers.

●This clause, also called the elastic clause, implies that Congress has powers beyond those expressed in the first 17 clauses.

I. Congressional Powers

●Enumerated economic powers – o levy and collect taxes, oborrow money, oestablish bankruptcy laws, ocoin money, opunish counterfeiters, oand to regulate foreign and interstate trade.

●Enumerated powers of defense – odeclare war, o raise, support, and regulate an army and navy,oprovide and regulate a militia (the national guard)opunish piracies

I. Congressional Powers●Other legislative powers –

oestablish laws of naturalizationoestablish post officeosecuring patents and copyrightsoestablishing lower courtsoand governing the District of Columbia.

●Non-legislative powers – ochoose a presidento remove a member of the executive and judicial branchoapprove presidential appointmentsopropose amendmentso investigate and legislative oversight.

II. The Organization of

Congress

Membership of the House of

Representatives

●Currently there are 435 members with seats divided between the states based on population.

●Qualifications:oMust be at least 25 years oldoCitizens for at least 7 yearsoResidents of their states

●Term:o2 years

Membership of the House●Representation:

oEvery 10 years the U.S.

takes a national census,

or population count. (The

last census was in 2010.)

oThe new population count

determines the new

number of representatives

each state is entitled to –

a process called

reapportionment.

Membership of the House

●Congressional Redistricting:oAfter states find out

reapportionment, each legislature sets up congressional districts – one for each representative. Representatives are elected from these districts.

oRedistricting – the process of setting up new district lines after reapportionment.

Membership of the House●Legislatures have abused their power of

redistricting by gerrymandering, party

in power draws lines to gain an

advantage in the elections. These have

irregular shapes.oPacking – Lines include as many of opposing

party’s voters as possible.

oCracking – Lines divide opposing party’s voters

to weaken their vote.

This cartoon shows the salamander-like shape of an

irregular congressional district created in 1812 when

Elbridge Gerry was governor of Massachusetts.

Membership of the Senate●Currently there are 100

Senators, two for each state.

●Qualifications:oMust be at least 30 years

oldoCitizens for the last 9

yearsoResidents of their states

●Term:o6 yearsoOne-third are elected

every two years

III. Congressional Leadership

Who are the leaders that hold the

power in Congress?

House of Representatives

●Speaker of the House –

presiding officer and its

most powerful leader.oChosen by the majority party

oDecides which members

speak first

oAppoints members to

committees

oSchedules bills for action

●John Boehner (R-OH)

House of Representatives

●Majority Leader –

Speaker’s top

assistantoPlan the party’s

legislative program

oParty official not a

house official

●Kevin McCarthy (R-

CA)

House of Representatives

●Minority Leader –

elected by the minority

partyoPlan the party’s

legislative program

oParty official not a

house official

Nancy Pelosi (D-CA)

House of Representatives

●Whips – assistant floor leadersoWatch how the party members intend to vote,

and persuade them to vote as the party wishes.

●The term whip is derived from the British term "whipper in", who was the person responsible for keeping the foxhounds from leaving the pack.

●Steve Scalise (R - LA), Steny Hoyer (D-MD)

Senate

●Vice-President –

presiding officeroMay not take part in

Senate debates.

oCast vote only in the

event of a tie.

●Joe Biden

Senate

●President Pro Tempore –

presides in the absence

of the VP.oElected leader

oSteers party’s bills

●Orrin Hatch (R-UT)

Senate

●Majority Leader –

Elected by majority

partyoPlan the party’s legislative

program

oParty official not a house

official

Mitch McConnell (R-KY)

Senate

●Minority LeaderoPlan the party’s

legislative program

oParty official not a

house official

Harry Reid (D – NV)

Senate

●Whips – assistant floor leadersoWatch how the party members intend to

vote, and persuade them to vote as the

party wishes.

●Jon Cornyn (R-TX), Dick Durbin (D – IL)

IV. Committees

Both House and Senate depend upon committees to effectively consider the thousands of bills that are proposed

each session. Committees are the key power centers in Congress.

Committees

●Purpose:oHelp ease the workload. Members divide their

work among smaller groups.oLawmakers listen to supporters and opponents

of a bill. Here they work out compromises.oPublic hearings that help the public learn about

key issues.

●Most bills never get beyond the committee stage.

Types of Committees

●Standing committees – permanent groups that oversee specific issues. (Examples: Agriculture, Banking & Finance)

●Subcommittees – specializes in a subcategory of its standing committee.

●Select Committees – temporary committees to study one specific issue. (Examples: Organized crime, hunger)

●Joint Committees – made up of members from both houses.