Legislative BranchLegislative BranchThe Law Making Branch

Legislative Power comes from Article I Section 1: Legislative Powers Section 2: House of

Representatives Section 3: Senate Section 4: Congressional

Elections Section 5: Procedure

– Quorums, Open Voting Records, and Adjournment

Section 6: Compensation, privilege, restrictions on holding office

Section 7: Bills

Section 8: Enumurated Powers– Collect taxes, declare war, pay for

debts, coin money, maintain Army and Navy

– Make Laws Necessary and Proper to carry out powers – Elastic Clause

Section 9: Limits on Congress Section 10: Limits on States

OrganizationOrganization

2 houses (bicameral) – to 2 houses (bicameral) – to divide the power even divide the power even further and ensure citizens further and ensure citizens are representedare represented

House of Representatives House of Representatives – the people’s house – 435 – the people’s house – 435 representativesrepresentatives

Senate – the upper house Senate – the upper house – 100 representatives– 100 representatives

QualificationsQualifications House of RepresentativesHouse of Representatives

– 25 years old25 years old– US citizen for 7 yearsUS citizen for 7 years– Live in represented stateLive in represented state

SenateSenate– 30 years old30 years old– US citizen for 9 yearsUS citizen for 9 years

Live in represented state Live in represented state

Term & Membership Term & Membership House of RepresentativesHouse of Representatives

– 2 year term2 year term– State can not set term limits (see below)State can not set term limits (see below)– 435 members435 members

SenateSenate– Six year termsSix year terms– State can not set term limitsState can not set term limits

1995, Supreme Court ruled term limits for 1995, Supreme Court ruled term limits for Representatives and Senators unconstitutional Representatives and Senators unconstitutional

– 100 senators – 2 from each state100 senators – 2 from each state

CensusCensus Population count taken every ten years to determine Population count taken every ten years to determine

representation for the Houserepresentation for the House If your state gains in population it can gain a seat in the If your state gains in population it can gain a seat in the

HouseHouse If your state loses in population it can lose a seat in the If your state loses in population it can lose a seat in the

HouseHouse Representatives are elected by a district and serve that Representatives are elected by a district and serve that

districtdistrict After a census is taken the state legislatures apportion After a census is taken the state legislatures apportion

(redraw) districts on the state map(redraw) districts on the state map Gerrymandering – draw oddly shaped districts to benefit a Gerrymandering – draw oddly shaped districts to benefit a

party or for political reasonsparty or for political reasons All districts are supposed to have the same number of All districts are supposed to have the same number of

constituents (voters)constituents (voters)

Apportionment of Representatives after 2010 Census

New District Lines in South Carolina

North Carolina’s 12North Carolina’s 12thth District District

Lighting Bolt District-Example of Gerrymandering

DutiesDuties House of RepresentativesHouse of Representatives

– Introduces appropriations billsIntroduces appropriations bills– Elects presidents if no majority –Happened Elects presidents if no majority –Happened

once in 1824 Adams over Andrew Jacksononce in 1824 Adams over Andrew Jackson– Impeaches officialsImpeaches officials

SenateSenate– Ratify treatiesRatify treaties– Elects VP if no majorityElects VP if no majority– Impeachment trialsImpeachment trials– Approves appointmentsApproves appointments

Benefits of CongressBenefits of Congress 2013 Salary- $174,0002013 Salary- $174,000

– Both House and Senate leaders get paid more (Speaker of the Both House and Senate leaders get paid more (Speaker of the House = $223,500)House = $223,500)

– Stopped raise last 4 years to save taxpayer money ($850,000)Stopped raise last 4 years to save taxpayer money ($850,000)

Trips to home state are paid forTrips to home state are paid for Allowance for staff and furniture for their officesAllowance for staff and furniture for their offices Insurance and Pension Insurance and Pension DiscountsDiscounts Franking privilege – send job related mail without Franking privilege – send job related mail without

postagepostage Given immunity for minor crimesGiven immunity for minor crimes

– Only crimes that they can be arrested for are treason, a felony, Only crimes that they can be arrested for are treason, a felony, and breach of the peaceand breach of the peace

Franking PrivilegeFranking Privilege

PunishmentsPunishments Expulsion – forced to leave by 2/3 vote by Expulsion – forced to leave by 2/3 vote by

either houseeither house Censure – wrong doings made publicCensure – wrong doings made public

– Very embarrassingVery embarrassing– Senators: Most recent 1990, David Durenberger Senators: Most recent 1990, David Durenberger

was censured for unethical conduct relating to was censured for unethical conduct relating to reimbursement of Senate expenses and reimbursement of Senate expenses and acceptance of outside payments and gifts acceptance of outside payments and gifts

– Representatives: David Crane was censored for Representatives: David Crane was censored for in 1983 for inappropriate sexual behavior with a in 1983 for inappropriate sexual behavior with a congressional pagecongressional page

– Charlie Rangel in 2010Charlie Rangel in 2010

SenateSenate Continuous body – 1/3 goes up for election Continuous body – 1/3 goes up for election

every 2 years – ensures stabilityevery 2 years – ensures stability– Senators divided into classes.Senators divided into classes.– Class II was up in 2008 – Dole lost to HaganClass II was up in 2008 – Dole lost to Hagan– Class III - 2010 = Burr won against Elaine MarshallClass III - 2010 = Burr won against Elaine Marshall

Kay Hagan - D Richard Burr - R

Congressional Sessions Congressional Sessions

Regular Session – 2 regular sessions, one Regular Session – 2 regular sessions, one for each year beginning January 3 – month for each year beginning January 3 – month long vacation in Augustlong vacation in August– The 113The 113thth Congress started Jan. 3, 2013 Congress started Jan. 3, 2013

Special Session – Called by the President – Special Session – Called by the President – used if there is a crisis or high need for used if there is a crisis or high need for changechange

Joint Session – House & senate meet Joint Session – House & senate meet together at the same timetogether at the same time

Roles of a CongressmanRoles of a Congressman Make LawsMake Laws Represent the PeopleRepresent the People

– Trustee – people trust their judgmentTrustee – people trust their judgment– Delegate – Agent of the peopleDelegate – Agent of the people– Partisan – Agent of the partyPartisan – Agent of the party– Politicos – combination of all 3Politicos – combination of all 3

Committee WorkCommittee Work Servant of the peopleServant of the people

– Pork Barrel SpendingPork Barrel Spending– Casework - VideoCasework - Video

Patrick McHenryNC 10th District Representative

Since 2005

Congressional LeadershipCongressional Leadership OfficialOfficial

– Majority Party – party Majority Party – party with most members – with most members – dominates the leadership dominates the leadership positionspositions Currently the Democratic Currently the Democratic

Party in the Senate and Party in the Senate and Republicans in the HouseRepublicans in the House

– Minority Party – party Minority Party – party with least memberswith least members

– Seniority – years of Seniority – years of experience – used to experience – used to determine leadership determine leadership positionspositions

House ChamberHouse Chamber

Senate ChamberSenate Chamber

Congressional Leadership Cont. Congressional Leadership Cont.

House Leader – Speaker House Leader – Speaker of the Houseof the House– Always from the majority Always from the majority

partyparty– 3rd in line to the presidency3rd in line to the presidency– Most powerful leadershipMost powerful leadership– Currently John Boehner (R – Currently John Boehner (R –

OH)OH)

Senate Leader – Senate Leader – – Vice President – official Vice President – official

leader – only there for tie-leader – only there for tie-breaker & State of the Union breaker & State of the Union – Currently Joe Biden– Currently Joe Biden

– President Pro-Tempore – President Pro-Tempore – presiding official leader – 4th presiding official leader – 4th in line for presidencyin line for presidency Currently Daniel Inouye (D Currently Daniel Inouye (D

– Hawaii)– Hawaii)

– Senate Majority leader has Senate Majority leader has the true power in the Senatethe true power in the Senate Harry Reid (D – Nevada)Harry Reid (D – Nevada)

House and Senate Leaders

Speaker of the House

John Boehner

President of the SenateJoe Biden

President Pro TemporePatrick Leahy

Senate Majority Leader

Harry Reid

Congressional Leadership Cont.Congressional Leadership Cont. Party LeadersParty Leaders

– Each house has its own party leaders that work Each house has its own party leaders that work on behalf of the partyon behalf of the party

– Floor Leaders – make sure the upcoming bills Floor Leaders – make sure the upcoming bills are in the best interst of the party – also decide are in the best interst of the party – also decide committee assignmentscommittee assignments

– Party Whips – keep track of voting intentions of Party Whips – keep track of voting intentions of party members – makes sure representatives party members – makes sure representatives vote on party linesvote on party lines

Current Leadership in the SenateCurrent Leadership in the Senate

Senate Majority WhipSenate Majority Whip– Richard Durbin (D-IL)Richard Durbin (D-IL)

Senate Minority Leader Senate Minority Leader – Mitch McConnell (R-KY)Mitch McConnell (R-KY)

Senate Minority WhipSenate Minority Whip– John Cornyn (R-TX)John Cornyn (R-TX)

Current Leadership in the HouseCurrent Leadership in the House House Majority Leader House Majority Leader

– Eric Cantor (R-VA)– Eric Cantor (R-VA) House Majority Whip – House Majority Whip –

Kevin McCarthy (R-Kevin McCarthy (R-CA)CA)

House Minority Leader House Minority Leader – Nancy Pelosi (D-CA)– Nancy Pelosi (D-CA)

House Minority Whip – House Minority Whip – Steny Hoyer (D-SC)Steny Hoyer (D-SC)

Congressional Committees – p 181Congressional Committees – p 181 Standing Committees – permanent committees Standing Committees – permanent committees

specializing in certain areas then divided into specializing in certain areas then divided into subcommitteessubcommittees

Select Committees – Temporary Committees Select Committees – Temporary Committees formed to complete a taskformed to complete a task

Joint Committees – Members of both houses meet Joint Committees – Members of both houses meet togethertogether

Conference Committees – both houses meet Conference Committees – both houses meet together to discuss different versions of a billtogether to discuss different versions of a bill

House CommitteesHouse Committees Senate Committees Senate Committees

Committee MembershipCommittee Membership Majority party has a Majority party has a

majority in all majority in all committeescommittees

Party leadership Party leadership determines determines membership on membership on committeescommittees Ex. McHenry serves on Ex. McHenry serves on

the Budget, Financial the Budget, Financial Services, and Oversight Services, and Oversight and Government and Government Reform CommitteesReform Committees

Congressional PowersCongressional Powers Legislative – pg 149Legislative – pg 149

– Expressed – listed in Article IExpressed – listed in Article I– Implied – Elastic clause – Necessary and ProperImplied – Elastic clause – Necessary and Proper

Non-legislative Non-legislative – Powers that make the government run efficientlyPowers that make the government run efficiently– Checks & Balances powersChecks & Balances powers– Do not involve making lawsDo not involve making laws

Limits on PowerLimits on Power

Suspension of Writs of Habeas Corpus – Suspension of Writs of Habeas Corpus – have to explain why being held by policehave to explain why being held by police

Can’t pass Bills of Attainder – laws that Can’t pass Bills of Attainder – laws that punish without a trialpunish without a trial

Can’t pass Ex Post Facto Laws – laws that Can’t pass Ex Post Facto Laws – laws that make an act a crime after it has been make an act a crime after it has been committedcommitted

Can’t favor one state over anotherCan’t favor one state over another