ARTICLE ONE

Requirements, Duties, and Characteristics of the Legislative Branch.

Bicameral LegislatureArticle 1, Section 1: …which shall consist of a Senate and House of Representatives.

Our Congress is split in two houses:

The House of Representatives has proportional representation

The Senate has equal representation

Bicameral LegislatureArticle 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

What is Fair?How should representing the states balance the big and the small?

NJ Plan:Equal Representation

Pro: all have equal say.

Con: people’s votes aren’t equal.

VA Plan:Proportional Representation

Pro: people’s 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, and create a more perfect union of big and small.

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.

A balance in population is a little more clear here.This map shrinks/expands each state based on population.

The Census & Congress

The Reapportionment Act of 1929: Capped the size of the House at 435

The Census 2000 apportionment population was 281,424,177 1990 : Census apportionment shifted 19

seats 2000 : 12 seats shifted from one state to

another 2010: ?????

The Congress decides the method to calculate the apportionment 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 most equitable distribution of

congressional seats among the states The method of equal proportions attains this by minimizing the percentage

differences in the size of the congressional districts.

Population Per Representativefrom 1793 thru 2003

Total Size of the US Housefrom 1793 thru 2003

Apportionment Map

Party Distribution of the House (Feb ‘10)

Characteristics of the 2 HousesArticle 1, Section 2 (Clauses 1 & 2); Section 3 (Clauses 1,2 &3)

Senate House of Representatives

6 Years Length of Term

2 Years

30 Years Old Age Minimum

25 Years Old

Live anywhere in state Residency Requireme

nt

Live in district

9 year US citizen Citizenship Requireme

nt

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

All Reps/Senators are elected by direct election – the people vote directly for them.

Our Congress People Are:

Representative Maize Hirono (D) – 2nd District Serving in her 4th year (2 terms) * up for reelection in ’10*

Senator Daniel Inoyue (D) – elected January 3, 1963 Serving in his 47th year (10 terms) * up for reelection in

’10* Senator Daniel Akaka (D) – elected May 16, 1990

Serving in his 10th year (5 terms) * up for reelection in ’10*

Leadership of the HouseArticle 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 the Minority Leader.

Whips: both parties have them – responsible for getting people “on board” with votes.

Leadership of the SenateArticle 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 President’s 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.

Leadership of the SenateArticle 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 a president 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.

Impeachment ProcessArticle 1, Section 2, Clause 5; Section 3, Clauses 6 & 7

Other Requirements Article 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 sets quorum: Senate : 51members House : 218 members

Other Requirements: QuorumArticle 1, Sections 4, 5, & 6

A quorum is 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 to Robert'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 term quorum is from Middle English wording of the commission formerly issued to justices of the peace, derived from Latin quorum, "of whom."

Other Requirements Article 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 another government job while serving in Congress

Congress’ Primary Job: Make LawsArticle 1, Section 7: Law Making Process

Vesting clause: all the government’s power to write laws lies in the legislative branch. Nowhere else.

“How a Bill Becomes a Law”

Enumerated powers of Congress Article 1, Section 8, Clauses 1-18: Congress shall have the power…

Collect Taxes for 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 money through bonds bought by

Americans. Establish laws on Naturalization:

The process by which an immigrant becomes an American citizen.

Regulate all trade (between states or countries).

Enumerated powers of Congress Cont… Article 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 each inferior, or lower court (as in lower than the Supreme Court).

Enumerated powers of Congress Cont…Article 1, Section 8, Clauses 1-18: Congress shall have the power…

Military Powers: Declare War: The President

may NOT do this! Create an Army, Navy. Make rules and raise/spend money for it. Call for the militia (or National Guard)

to defend nation. Elastic Clause – Congress’ greatest power!

“make all laws necessary and proper.” Congress can make laws it feels are needed.

Also called the “general welfare” and “necessary and proper”

clause.

Congress is May Not:Article 1, Section 9: Powers denied to the Federal government.

Suspend Habeas Corpus Remember what the

means? Create Ex post facto

laws EPF laws are created to

punish something LEGAL by making a new law to make that act ILLEGAL. You cannot be arrested for actions in the past.

Create a Royalty Tax Exports Spend money without

passing a law first Pass bills of attainder

A legislative act declaring a person guilty with no trial.