SECTION ONE LEGISLATIVE BRANCH

SECTION ONELEGISLATIVE BRANCH

Legislative Branch

Voters of the United States

Legislative Branch

LEGISLATIVE EXECUTIVE JUDICIAL

MAKES OR WRITES LAWS

ENFORCES LAWS

(CARRIES OUT)

INTERPRETS LAWS

APPOINTS THEM FOR LIFE

Voters of the United States

Legislative Branch

There are four basic principles that are found throughout the Constitution-1. Federalism: sharing of power between national (Federal)

government and the states2. Checks and Balances: distribution of powers among the three

branches to prevent one branch from becoming too powerful3. Separation of Powers: system in which powers of the

government are divided among separate powers4. Consent of the Governed: the government gets its power

from the people who are governed. People elect the lawmakers

Legislative Branch

Democratic Republic

• Democratic- equal vote

• Republic- chose representatives to govern

THE PREAMBLE AND OTHER TERMS

1. Constitution- plan for government that lists the powers of the government and tells how the government is supposed to work

2. Preamble- introduction to a document. The preamble contains the goals of the constitution


“We the people of the United States, in order to form a more perfect union,

establish justice, insure domestic tranquility, provide for the common

defense, promote the general welfare, and secure the blessings of liberty to

ourselves and our posterity, do ordain and establish this Constitution for the

United States of America.”


a. More Perfect Union: to set up a strong central government

b. Establish Justice: to improve the court systemc. Insure Domestic Tranquility: to have peace in all

statesd. Provide for the Common Defense: to protect the

country from enemiese. Promote the General Welfare: to have good living

conditionsf. Secure the blessings of Liberty: to have freedom

from themselves and future generations

Legislative BranchArticle 1

SECTION 11. The purpose of the legislative branch is to

make laws

2. Official name- Congress

3. Senate and House of Representatives are the two parts of the Legislative Branch

Legislative BranchArticle 1- House of Representatives

SECTION 21. Representatives term is two years

2. Qualifications to be a member of the House of Representatives

1. Must be 25 years old2. A U.S. citizen for 7 years3. Live in the state he/she is chosen from

Legislative Branch Article 1-House of Representatives

3. The number of representatives a state has is based on the number of people-population (Census-every 10 years)

4. Each state has at least one representativeEach representative represents about 600,000 people

5. There are 435 members in the House

Legislative Branch Article 1- House of Representatives

6. The governor of the state calls an election to fill a House seat vacancy

7. Speaker of the House- chairperson of the House; chosen by all the representatives, John Boehner (R) is current speaker

8. Impeach- to accuse an official of wrong doing or misuse of power

Legislative BranchArticle 1- The Senate

SECTION31. Senators are elected for 6 years

2. Each state has 2 senators-each senator has 1 vote-there are 100 senators all together and 1/3 are up for election every 2 years for a gradual turnover


3. The senators were picked by state legislators; today, senators are elected by the people of the state

4. Three qualifications to be a member of the Senate: 1. 30 years old 2. a U.S. citizen for 9 years 3. Must live in state he/she represents

Illinois Senators- Richard Durbin (D) and Mark Kirk (R)


5. The Vice-President serves at President of the Senate- Joe Biden The President of the Senate only votes if there is a tie

6. Only the House of Representatives has the power to impeachimpeach- to accuse someone of wrong doing

The Senate sits as a jury and decides impeachment cases.


7. The Chief Justice of the Supreme Court presides over the Senate when the President is on trial

2/3 of the Senate must vote guilty to convict a person on trial for impeachment charges

8. The punishment if convicted of impeachment charges is removal from office and not being able to hold another government office again


SECTIONS 4 AND 5 1. Congress shall meet at least once a year beginning on January 32. Each house makes its own rules; a member can be thrown out

by 2/3 vote3. Congressional Record- a daily record of what is done at all

meetings4. The two houses must meet in the same city. In 1976 for the

Centennial Celebration (100 years) both the Senate and House of Representatives met in Philadelphia

*members cannot be arrested on the way to or from meetings, not while they are there. Except for serious crimes


SECTION 6States that Congress members are paid out of

the U.S. treasury and they pass the law to set their own salary.

Members cannot hold another government office.

Legislative BranchArticle 1- How Laws are Passed

SECTION 71. Money bills begin in the House of Representatives2. When a bill gets to the President there are 4

options1. Sign it to pass it- becomes a law2. Veto it- he doesn’t approve3. Pocket veto- set aside for 10 days- becomes a law

unless Congress is adjourned4. Line item veto- cross out a part of the bill- was legal for

part of Clinton’s presidency (can not do this anymore)

Legislative BranchArticle 1- How Laws are Passed

3. Definitionsa. Veto: President does not sign a bill into law. He does not give his approval.b. Override of a veto: 2/3 of Congress (both houses) must pass the bill again after a President’s veto to become a law

4. A law can be passed without the President’s signature by an override

5. The president has 10 days to decide to sign or veto a bill 6. 2/3 vote is needed in both houses of Congress to override

a President’s veto

SECTION

7- CLAUSE 2- HO

W

A BILL BECOM

ES A LAW

Legislative BranchArticle 1- Powers of Congress

SECTION 81. Powers of Congress

a. Trade- power to regulate trade with other countries, among states and with Indian nations. Also- railroad, air, T.V. and internet

b. Federal Courts- power to set up lower courts and Supreme Courts

c. Taxation and Money- power to raise money by taxing goods (imports). Money is used:

1. Pay debt2. Defend the Country 3. Provide goods and services4. Congress (only) can make money, coins and set their value

Legislative BranchArticle 1- Powers of Congress

SECTION 8d. War and the Military- power to declare war, raise and army and

navy. Supple them and set rules for them. They have the right to call out the National Guard (State Militia’s)

e. Any powers that do not fit the four areas above- can establish a national capital (District of Columbia) and to govern all national places

2. “Elastic Clause”- Congress has the power to make all laws necessary to carry out the powers granted in the constitution. This allows the government to adapt to future changes- National Bank, Air Force, Internet, etc.

Legislative BranchArticle 1- What Congress Cannot Do

SECTION 91. Definitions

a. Habeas Corpus- “Bring forth the body” a person cannot be denied their right to be brought into court so that a judge can decide whether he is being help lawfully. Cannot lock someone up without telling him/her what their charged with.

b. Bill of Attainder- government cannot declare someone or group guilty of a crime without a trial. Ex-German government declared all Jews “enemies of the state.”

c. Ex Post Facto Law- government cannot pass a law that is retroactive (covers the past). Can’t make it illegal to have done something that was not illegal when it was done.

Legislative BranchArticle 1- What Congress Cannot Do

2. Nine powers are Denied Congress

3. Prior to 1808 couldn’t forbid slave trade4. Writs of Habeas Corpus can only be suspended when the nation is

being invaded5. Can’t pass Bill of Attainder or Ex Post Factor laws6. Any direct tax must be based on population not wealth or size except

for income tax7. Congress can’t tax goods being sent from any state to a foreign country8. Can’t make laws that favor one state’s harbors over one another 9. Government money can’t be spent unless Congress approves it10. No one can be given an title of nobility11. No office holder can accept a gift or title from a foreign country

Legislative BranchArticle 1- Powers Denied to the States

SECTION 101. No state may enter into a treaty, alliance, with another

nation2. Grant citizens permission to fight other countries. No state

can grant letter of marque or reprisal (citizens right to seize property)

3. States cannot coin money4. Use anything other than gold or silver for money5. States cannot pass Bill of Attainder laws6. States cannot pass Ex Post Factor laws7. States cannot excuse people from their legal obligations8. Cannot give titles of nobility

SECTION ONE LEGISLATIVE BRANCH

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