Legislative Branch

United States Congress

Legislative Branch Outlined in Article 1 of the Constitution Consists of the House of Representatives

and the Senate (BICAMERAL LEGISLATURE) House is made up of 435 members

Number of representatives per state is dependent upon the state’s population More population = more representatives Decided upon at the Constitutional Convention to

settled the issue of representation in Congress (Great Compromise)

Senate is made up of 100 members 2 senators per state

Equal representation was also part of the Great Compromise

House of Representatives Every 10 years a census, or population count, is taken

to determine if changes in the number of representative needs to be adjusted

Congressional Districts The boundaries which determines the geographic

area that a representative is responsible for If changes are needed, this is called redistricting

The abuse of redistricting power is called gerrymandering

Gerrymandering is the drawing of an oddly shaped district to increase the voting strength of a particular group

Gerrymandering is ILLEGAL

House of Represenatives Cont’d Qualifications and Privileges

Must be at least 25 years of age Must live in the state that you would represent Must have been a US citizens for at least 7 years prior

to election Salary of $165,200 per year Free office space, parking, and trips to their home

states Low cost insurance, private gym, special resturants,

and a medical clinic Franking Privileges

Ability to send job-related mail without paying postage (purpose: to keep constituents informed on issues, positions, and votes)

Senate

Qualifications and Privileges Must be at least 30 years old Must live in the state you plan to

represent Must have been a US citizen for at least

9 years prior to the election Same privileges as members of the

House

Congressional Leadership Minority and Majority Leaders

The party with the most members in the House or Senate is called the majority party

A person is chosen from that party, in each house, to direct their activities (MAJORITY LEADER)

The party with fewer members than the majority party is called the minority party

A person is chosen from that party, in each house, to direct their activities (MINORITY LEADER)

Minority and Majority Floor Leaders Job is to speak for their parties on issues, push bills

along, and try to sway votes Minority and Majority Whips

Job is to help floor leaders and to make sure that legislators are present for key votes

Congressional Leadership Cont’d Speaker of the House

Overall leader of the House Has great power Steers legislation through the House Leads floor debates Third in line to the presidency

President of the Senate Filled by the Vice President of the United States Largely ceremonial Only votes in a tie

President Pro Tempore Chairperson of the Senate Runs day to day operations of the Senate

Congressional Committees Committee System is used to help make it possible to

consider thousand of proposed laws, or bills, at a time Types of Committees

Standing Committees Permanent committees (ex. Agriculture, Education,

Rules) Joint Committees

Contains members of both Houses to consider specific issues (Ex. Taxation, Economics, Printing)

Conference Committees A special joint committee that is used to settled

disputes over conflicting forms of a bill Committee assignments are based upon seniority, or

years of service in Congress

Powers of Congress Expressed Powers

Powers clearly given to Congress in the Constitution

Examples: taxes, borrow money, regulate commerce, declare war, govern DC, etc.

Implied Powers Powers given to Congress that are not

specifically listed in the Constitution, but also not denied

Powers derived for the Elastic Clause Examples: support public schools, institute

military draft, limit immigration, etc.

Non-Legislative Powers of Congress

The most important job of Congress is to make laws, but they do have the power to do other things, such as:

Approve or reject presidential nominations (ONLY SENATE HAS AUTHORITY)

Remove federal officials who have committed wrongdoings

Impeach officials (ONLY HOUSE HAS AUTHOTITY)

Limitations of Congressional Power Limits from the Bill of Rights Can not favor one state over another Can not tax exports Con not tax interstate commerce Can not suspend the writ of habeas corpus

You must bring a prisoner to court and tell them why they are holding that person

Can not pass bills of attainder You can not punish a person without a jury trial

Can not pass ex post facto laws You can not make an act a crime after the act

has been committed

How a Bill becomes a Law Idea is proposed

By a citizen, the President, or a special interest group ( org. of people with common interests)

Congressperson must introduce the bill for congress to consider

Bill is sent to the appropriate standing committee for review

Can do several things 1. pass the bill 2. kill the bill 3. change the bill and suggest passing 4. replace original bill with a new bill 5. ignore the bill and let it die (pigeonholed)

How a Bill becomes a Law Cont’d Debating a Bill

Members of Congress argue the pros and cons and discuss possible amendments to the bill

Senators can filibuster, or talk a bill to death, if they do not like a bill

Senate can end s filibuster if 3/5 of the members vote for cloture

Vote After debate the bill is brought to a vote Majority rule

More than half votes for = passes More than half votes against= dies

How a Bill becomes a Law Cont’

Presidential Action Sign the bill and declare it a new law Veto the bill, refuse to sign

Congress can override with a 2/3 vote in each house

Do nothing for 10 days If Congress is in session it becomes a law

automatically If Congress has adjourned, the bill dies (pocket

veto)