the legislative branch
TRANSCRIPT
The Legislative BranchUnit II
Basis
• Bicameral system– Article I
• House of Representatives– Population
• Senate– Two per State
Members: House of Representatives
• 435 members– Limit on members
• 1789 = 65 Representatives
• Each member represents a Congressional District– Area of a state that includes
about 600,000 people– Number of districts depend
on a state’s population
Members: House of Representatives
• Every 10 years, Congress decides how districts will be apportioned or distributed by using the Census.
• If a state’s population increases– State will gain seats
• If a state’s population decreases– State will lose seats
Members: House of Representatives
• If a state loses or gains seats, district lines need to be redrawn
– Gerrymandering is the practice redrawing district lines to favor a person or political group.
Members: House of Representatives
• Gerrymandering in the Animal Kingdom
Members: House of Representatives
• Congressional elections are held on even years – 2010, 2012…
• Each term is two years
• If a representative dies, the state governor calls a special election
Members: House of Representatives
• Qualifications according to Article I of Constitution:
• Must be at least 25 years old
• United States citizen for at least 7 years
• Resident of the state represented
Members: Senate
• 100 members – 2 per state
• 1789 = 26 Senators
• Senators represent whole state
Members: Senate
• Elections are held on even numbered years– 2010, 2012…
• Each term is 6 years
• If a Senator dies, the governor appoints a replacement until the next election
Members: Senate
• Qualifications according to Article I of the Constitution:
• Must be at least 30 years old
• United States citizen for at least 9 years
• Resident of the state represented
Members: Senate
Could these people run for the Senate?
Members: Salary and Benefits
• Annual salary of $165,200.
• Members have offices in the Capitol building and receive an allowance to pay staff
• Member perks: – Free trips of their home state– Mail official letters and packages for free (Franking
Privilege)
Members: Rules of Conduct
• Rules of Conduct– Each house has its own written rules for
conducting business– Constitution – Article I– The House Rules and Manual and The Senate
Manual• Example: In the Senate Manual, it talks about a
filibuster, or a method of delaying action on a bill by making long speeches
Members: Rules of Conduct• Expulsion – If a member commits a serious offense, the
member could be expelled from office. – Expulsion means that a person must give up
their seat.
Members: Rules of Conduct
• Censure– Less serious offenses
may bring a vote of censure, or formal disapproval of a member’s actions.
– A censured member must stand alone at the front of the House or Senate and listen as their charges are read.
Organization: House of Representatives
• The highest officer in the House of Representatives is called the Speaker of the House
• Elected by members of the House to make sure that everything runs smoothly
• Member of the majority party
John Boehner (R)
Organization: House of Representatives
Duties of the Speaker of the House Assign legislation to committees for discussion and
preparation Decide the legislative agenda for a session of the
House Decide when and who can speak on an issue
Organization: Senate
• Constitution states that the Vice President is the presiding officer over the Senate.
• When the Vice President cannot make it, the President Pro Tempore presides.
• Members of the Senate vote for the President Pro Tempore.
Organization: Senate
• Vice President and President Pro Tempore are mainly symbolic
Vice President Joe Biden
President Pro Tempore Pat Leahy
Organization: Party Leaders and Whips
• In each house, members of the majority and minority parties have a floor leader and a whip.
• Floor leaders act as spokespersons for their parties.
• Work to persuade members of both parties to vote for specific laws.
House of Representatives – Party Leaders
Senate – Party Leaders
Kevin McCarthy (R) Nancy Pelosi (D)
Mitch McConnell (R) Harry Reid (D)
Organization: Party Leaders and Whips
• Whips assist the floor leaders in communicating with party members.
• “Whip” members into shape.
House of Representatives – Whips
Steve Scalise (R) Steny Hoyer (D)Senate – Whips
John Cornyn (R) Richard Durbin (D)
Organization: Committees• Congress divides itself into
different committees that focus on specific subject areas. – Examples: Education,
Agriculture, Science, etc. – Led by a chairperson who
guides and sets priorities for their committees.
– Members are chosen by their political parties and seniority
Organization: Committees
• Committees have 3 main roles– Research specific subjects – holding hearings to
get advice from experts– Write legislation – write laws that are related to
their specific subject areas– Decide whether to send legislation to the floor –
important enough for a vote
Organization: Committees
1. Standing
2. Joint
3. Select
4. Conference
Why?
• Committees and subcommittees often conduct investigation about legislation and gather information, to ensure that agencies are following the law, or to raise public awareness.
Organization: Standing Committees
• When a Bill is introduced in either house, it is referred to the standing committee that deals with the subject matter of that bill. The fate of most bills is decided in committee rather than on the floor of either house.
Standing Committee Cont.• Each House committee has
from 10 to 75 members, while Senate committees have from 14 to 28 members.
• Representatives usually serve on one or two standing committees, while senators serve on three or four.
Standing Committee Cont.
• Today, the House has 20 standing committees.
1. Rules2. Ways and Means3. Foreign Affairs4. Armed Services5. Judiciary6. Agriculture7. Appropriations
Standing Committee Cont.
• Today, the Senate has 16 standing committee
1. Armed Services2. Finance3. Judiciary4. Foreign Relations5. Appropriations6. Banding7. House and Urban Affairs
Standing Committees Cont.
• Most standing committees are divided into more specific subcommittees, which do much of the work.
• 99 in the House• 70 in the Senate
Organization: Committees
• Joint Committee – Permanent
committees made up of members of both houses
– They investigate issues and make recommendations but don’t write bills.
Organization: Committees
• Select Committee– Committees created
to study an issue or event
– Examples:• Energy
Independence and Global Warming• Benghazi
Organization: Committees
• Conference Committee–Committees
formed when the two houses can’t agree on the details of a bill
Powers of Congress: Expressed Powers
• Expressed Powers – Powers specifically stated in Article I of the Constitution– Examples
• Decide how to raise money by setting taxes and borrowing funds• Decide how to spend money for the benefit of the nation• Regulate commerce among states and foreign nations• Declare war • Coin money• Regulate process of becoming a citizen• Create post offices • Create an army/navy
Powers of Congress: Implied Powers
• Implied Powers – Powers the Constitution
gives Congress that are not listed in detail.
– The Constitution gives Congress the power to “make all laws which shall be necessary and proper”.
– This is known as the Elastic Clause. • Collect taxes – members
don’t go collect taxes directly. Created the IRS.
Powers of Congress: Special Powers
• Non-legislative and Special Powers – Related to placing checks and balances
• Powers shared by both Houses– Investigate issues and events by holding hearings– Propose amendments
Powers of Congress: Special Powers
• Unique Powers of the House of Representatives– Impeach, or formally
accuse of wrong-doing, government officials – most importantly, the President.
– Choose the President if there is no majority in the Electoral College
Powers of Congress: Special Powers
• Unique Powers of the Senate– Approve treaties – Approve presidential
appointments– Conduct the trial
when the House impeaches an official
Powers of Congress: Limits on Power
• Ex Post Facto Laws– laws that make an act illegal,
then allow the government to punish those who committed the act before it was made illegal.
• Bill of Attainder – laws that provide for the
punishment of specific people or group of people without a trial.
Powers of Congress: Limits on Power
• Writ of Habeas Corpus – Right to know what you
are tried for. Congress can’t take away this right except during civil war or invasion.
• Cannot show favoritism or give titles of nobility.
Passing a Bill: Introduction
• Introduction of a Bill – Any member of
either house can introduce a bill
– Ideas for bills come from the President, businessmen, farmers, and ordinary citizens.
Passing a Bill: Introduction
• Bills can be introduced in both houses. – The only exception to this
rule is an Appropriations Bill, or one approving the spending of money, which must begin in the House of Representatives.
Passing a Bill: Committees• Bill is sent to Committee
– The Bill is sent to a standing committee. The subject of the bill determines which committee will receive the bill.
– The committee can decide to:• Make no changes to the bill• Rewrite the bill• Ignore the bill which “kills”
the chance of it becoming a law
• Send it to a subcommittee for more study and investigation
Passing a Bill: Committees
• If a bill is sent to a subcommittee:– The subcommittee then reports back to the larger
committee and decides what to do with the bill. – The larger committee then votes to send it to the
floor to be debated– If the floor votes “no”, the bill is sent back to the
committees. If it votes “yes”, it is sent to the other house of Congress.
Passing a Bill
• Once it is in the other house of Congress, it goes through the committee process again.
• After the committee approves the bill, it will be debated and voted on. – If the vote is “no”, the bill is sent back to the
committees. If the vote is “yes”, the bill is sent to a Conference Committee.
Passing a Bill: Committees• Bill is sent to Committee
– The Bill is sent to a standing committee. The subject of the bill determines which committee will receive the bill.
– The committee can decide to:• Make no changes to the bill• Rewrite the bill• Ignore the bill which “kills”
the chance of it becoming a law
• Send it to a subcommittee for more study and investigation
Passing a Bill: Committees
• If a bill is sent to a subcommittee:– The subcommittee then reports back to the larger
committee and decides what to do with the bill. – The larger committee then votes to send it to the
floor to be debated– If the floor votes “no”, the bill is sent back to the
committees. If it votes “yes”, it is sent to the other house of Congress.
Types of Voting
• The Senate has three methods of voting: a voice vote, a standing vote, and a roll.
• Standing-You must stand to vote• Voice Vote-You must speak.• Roll Call Vote- All Senators are called
alphabetically and say “Yye or No” Their vote is kept on record.
Passing a Bill
• The Conference Committee resolves any differences between the House and Senate versions of the bill
• The Bill is sent back to both houses for a final vote
Passing a Bill• Approved bills are sent to
the President who can sign the bill into law or veto it. – If the President vetoes the
bill, it is sent back to the House and Senate where they can vote to override the veto with a 2/3 vote.
• Finally the bill becomes a law
• Representatives listen to:– Visits home / face-to-face meetings– Letters, faxes, e-mails, form letters– Surveys – Polls – Key supporters
• Why? Reelection!• Constituents expect politicians to defer to
the district’s needs more than the “good of the nation”
Constituents
• President • Special interest groups / lobbyists• PAC’s (Political Action Committees)• Lobbyists or PAC’s may represent:
– Businesses – Labor unions– Professions (doctors, educators, etc.)– Non-profits (environmental groups, etc.)
Other Influences
• Casework – helping constituents with problems related to government
• Public works – infrastructure – “built” environment” under the jurisdiction of a government
– Roads, mass transit, airports– Sewage, water supply, dams– Sometimes hospitals, schools, jails
• Pork Barrel legislation – benefits a particular district
• Logrolling – lawmakers helping each other get federal projects for their districts
Vocabulary
STAFF AND SUPPORT AGENCIESLegislative Branch
Personal Staff• Work directly for individual
senators ad representatives.
• Many work back in the home state, well some work in D.C.
• The bigger the state the more people and money you get.
Administrative Assistant (Chief of State)
• Runs the lawmaker’s office, supervises the lawmaker’s schedule, and gives advice on a political matters.
• Average Salary $120,051.55
Legislative Assistants
• Makes certain that the lawmaker is well informed about the many bills, does research, and attends committee meetings when the lawmaker can not.
• Salary: $43,189.28
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