UNIT 4: THE LEGISLATIVE BRANCH

Articles ____ and ____ of the ConstitutionTest Wed. 10/3 !!!

FOR THE LB:

Articles ____ and ____ of the Constitution

Understand what the main purpose of the Legislative Branch isCompare and contrast the roles of the House and the SenateExplain the process of how a bill becomes a law (and why it’s so slow!)Know how an individual member of Congress makes decisions

FOR BOTH:Understand how each branch limits and checks the other branchUnderstand how each branch works together for the government to work (laws, impeachment, war, treaties, justices, etc.)

FOR THE EB:Understand what the main purpose of the Executive Branch is;Compare the various roles of the PresidentExplain how the parts of the EB (like the Cabinet) help to enforce lawsKnow how an individual member of Congress makes decisions

ARTICLE ONE

Requirements, Duties, and Characteristics of the Legislative Branch.

Which states gained and lost? --- after the 2010 census. What are the blue states? Green states?

The cup and the saucer … ?

Thomas Jefferson once expressed his doubts about the usefulness of the Senate. “Why did you pour that coffee into your saucer?” George Washington asked. “To cool it,” Jefferson replied. “Even so,” Washington declared, “we pour legislation into the senatorial saucer to cool it.” To

understand this, first ask: how are they different?

What percentage is up for election every two years?

NOW – cup? Saucer?

HOUSE100%

SENATE – up for election 33%

SENATE - not up for re-election

Take North Carolina, for example.

Who do they represent? Who are their constituents?

Who represents NC in the US Senate?

Current senators - Kay Hagan (D),2008 and Richard Burr (R), 2010

Former senators - Edwards (D) and Dole (R)

The entire US House map …

*Who represents NC in the US House?

Each district should have the same ______ .

North Carolina has ______ districts. What should be true of each district?

Who represents NC in the US House?

How are districts supposed to be drawn?

How are districts actually drawn?

And what does gerrymandering mean?

The cup and the saucer … ?

Thomas Jefferson once expressed his doubts about the usefulness of the Senate. “Why did you pour that coffee into your saucer?” George Washington asked. “To cool it,” Jefferson replied. “Even so,” Washington declared, “we pour legislation into the senatorial saucer to cool it.” Now

what does this mean?

The cup and the saucer … ?

The cup = the House The saucer = the Senate EXPLANATION: if the public is angry or upset about

an issue, then they can vote out 100% of the House every two years – but only 33% of the Senate. Two-thirds of the Senate is “protected” from the “hot tempers” of the public.

If you are a rep, you must listen to your constituents; if you are a senator, you have the luxury of not listening to your constituents. (WHY?)

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 John Boehner (R-Ohio) 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 asthe President of the Senate.

*The Vice President only votes to break ties. Acts as a “presence” to remind the Senate of

the President’s wishes and power.

*The Senators also elect the the president pro tempore. (current=Patrick Leahy D-Vermont) *Only formally takes charge when the VP cannot. Usually the oldest person in the Senate (Robert Byrd

was 93 when he died in office).

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.

*What does seniority mean?

The longer you have been in the Senate and House, the more “power” you have.

Other Requirements and ThingsArticle 1, Sections 4, 5, & 6

Since 1872, Congress requires all states to hold elections for Senators and Reps on the same day.

Congressional Record – all votes, speeches and actions are recorded everyday and available online.

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

*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

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.IMPLIED POWERS

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 the “necessary and proper” clause.

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

Suspend Habeas Corpus 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.