The Legislative branch is
also called the U.S.
Congress.
The Legislative branch was so important to the framers of the Constitution that it was the 1st branch of government they discussed in the Constitution.
Congressional structure & powers are outlined within the U.S. Constitution in more detail than the executive & judicial branches.
1.Making laws – the main role.
2.Overseeing the performance of government agencies.
3.Helping constituents.
What influences how members of Congress vote on laws?1. Personal Beliefs – studies show that personal beliefs significantly
influences how a member of Congress votes.2. Constituents’ Interest - a Congress member’s voting decisions
are also influenced by the people they represent.• Constituents– the residents of a Congress person’s district or
state.3. Interest Groups – provide information on issues, suggest laws to
members of Congress, and promote laws that are favorable to their group• Interest groups – are people acting together to achieve
shared political goals.• Interest groups also contribute to member’s campaign through
Political Action Committees (PACs).• A PAC is an interest group organized to raise and distribute
campaign money to candidates for elective political office.4. Political Party Loyalty – Statistics show that party loyalty has
increased over the past 20 years.
•Oversight involves conducting investigations of agencies’ actions and programs.
•The Congressional oversight role has often been called the “neglected function” because Congress has put little energy into it.
•Often times investigations focus on abuses and scandals.
•Members of Congress receive more than 200 million pieces of mail each year.
•Much of the mail consists of individual requests ranging from birthday greetings for a relative or major policy changes.
The writers of the Constitution intended for
the House of Representatives to be
closer to the people than the Senate.
• The size of the House is set by Congress not by the Constitution.
• The House seats must be distributed among the states according to their population.– The Census is taken
every 10 years to determine the distribution of seats.
• After the 1910 census the number of seats was set permanently @ 435.
• There are 4 nonvoting delegates (D.C., Guam, U.S. Virgin Islands, and American Samoa)
• Representatives serve a two year term. If a representative dies or resigns, the governor must call a special election.
•After the census, Congress uses the new population count to apportion or distribute the 435 seats among the states.
•States with a significant population growth will gain seats from those states that have not grown.
•Over the past 20 years, western and southern regions have gained seats. (California, Florida, and Texas)
•Every state gets at least one representative
•After the seats are distributed, the state legislatures must draw the Congressional boundaries.• For Example: Kentucky has six seats, our state
legislators must divide the state into 6 Congressional districts.
•Gerrymandering is the practice of drawing district lines that favor one political party over another.
•The term gerrymander dates back to 1811 when Massachusetts governor Elbridge Gerry drew a district specifically to benefit the Democratic party.
•Must be 25 years old•U.S. citizen for 7 years•Legal resident of the state she/he represents•Annual salary: $165,200
•Provided office space near the Capitol Building•They receive allowances to: hire staff, travel, maintain offices in their home districts, and for supplies•Franking privilege – they are allowed to send mail for free.•Immunity – or legal protection; protects their freedom of speech members can not be sued for anything said while performing their Congressional duties.•They also get: pension, life insurance, medical services, free parking, free health club membership, special tax deductions and library research facilities.
The writers of the Constitution intended for the Senate to be different from the House. They thought that the Senate should attract an older crowd who would serve longer terms.
• Must be at least 30 years old
•U.S. Citizen for @ least 9 years
•Legal residents of the state she/he
represents
•2 members from each
state
•100 total members in the
Senate
•Serve a 6 year term•Senatorial elections, are held every 2 years. This rotating system means that only 1/3 of the Senate’s members are up for reelection at one time. This ensures continuity.
•Salary: $165,200•Benefits are the same as the House
• Under the 20th amendment, a term of Congress begins at noon on January 3rd of every odd-number year.
• The first term of Congress was in 1789.• This Congress is the 111th Congress. It will last from
2011-2012.• The Constitution requires Congress to meet at least
once each year. So, each term of Congress is divided into two sessions, one for each year of the term.
• Each session begins on January 3rd unless Congress chooses another date.
• When Congress finishes its legislative work, both houses adjourn and the session is ended.
• The unusual circumstances the President may call each or both houses back into special session.
• Each house usually meets by itself to conduct business; however, they sometimes meet together. This is called a joint session.
• Both houses have the right to decide who shall be seated as members.
• Sometimes members of the Senate or House question the qualifications of a newly elected member.
• The House and Senate pass codes of conduct for their members.
• These codes of conduct establish limits to the amount of outside income a member of Congress may earn & requires members fully report how much money they make.
• Members of Congress are disciplined in two ways:1. Expulsion – the person must give up his or her seat in
Congress. This requires a two-thirds vote.2. Censure – formal disapproval of a member’s actions
Leadership of the U.S. Senate
U.S. Vice President
if absent the President Pro Tempore
Floor LeadersMajority/Minority LeadersMajority/Minority Whips
Party LeadershipChairman of the Democratic
ConferenceChairman of the Republican
Conference
Committees
Subcommittees
Leadership of the U.S. House of
Representatives
Speaker of the House
Floor LeadersMajority/Minority LeadersMajority/Minority Whips
Party LeadershipChairman of the Democratic
CaucusChairman of the Republican
Caucus
Committees
Subcommittees
• The Constitution has only three rules about how Congress should be organized:
1. The House of Representatives is directed to select a presiding officer.
2. It names the vice president of the U.S. as president of the Senate.
3. It calls for the selection of a senator to preside in the vice president’s absence.
• Shortly after the first day of each term, the Republican and Democratic members in each house gather separately in private meetings called caucuses.
• At these caucuses, members of the Republican and Democratic parties choose their leaders.
• The political party with the most members is called the majority party.
• The political party that has fewer members is called the minority party.
Senate• The vice president of the U.S. does not
usually preside over the daily meetings of the Senate. Instead, the majority party elects one of its members to be the president pro tempore.
• Each party has its floor leaders known as the majority leader and the minority leader.
• Each party’s floor leader is assisted by a party whip.– The whip’s job is to count votes,
encourage party loyalty and ensure that the party’s members are present for important votes
• The Senate has about 20 committees that consider legislation
• Each committee has one or more subcommittees that may consider/research legislation before its taken up by the full committee
House of Representatives
• The person who presides over the House when it is in session is the Speaker of the House.
• The Speaker is always a member of the majority party and is the most powerful officer in the House. – No representative may speak until
called on, or recognized by the Speaker.
– The Speaker also influences the order of business in the House.
• The committee structure in the House is similar to the Senate. The committee names are different, but the basic organization is the same.
• Article I, Section 8 lists the powers delegated to Congress.
• These powers can be grouped into five general categories:
1. Financing Government
2. Regulating & encouraging American Trade and Industry
3. Defending our country
4. Creating lower courts
5. Providing growth
• Impeachment is to accuse a
government office holder of
misconduct.
• Impeachment is a two part
process:
1. The House draws up the
charges against the
official. If the majority of
representatives vote in
favor of the list of charges
the official is formally
accused or impeached.
2. The trial on the
impeachment charges is
heard by the Senate. Two-
thirds of the Senate must
find the official guilty
before he/she can be
dismissed.
•Congress is given implied powers by the necessary and proper clause.•Implied powers are powers that aren’t specifically outlined in the Constitution.• For example, Congress established national military academies to train officers for the armed forces. This power isn’t specifically mentioned in the Constitution.
Senate• Has 4 special powers:
1. Impeachment trials must be held in the Senate
2. If no vice presidential candidate receives enough electoral votes the Senate chooses the vice president
3. All treaties with foreign countries must be approved by the Senate by a two-thirds vote.
4. The Senate approves certain high officials appointed by the president like Supreme Court Justices.
House of Representatives
• The House must start all bills for raising revenue (money).
• The House has the sole power to impeach public officials.
• The House chooses the president if no presidential candidate receives enough electoral votes.
The Constitution gives each house of Congress certain special powers.
• The Constitution forbids Congress from:– Passing ex post facto laws – laws that apply to
actions that occurred before laws were passed.– Passing bills of attainder – laws that sentence
people to prison without trial– Suspending the writ of habeas corpus – removing
the right to a court order, called a writ, requiring that a person be brought to court to determine if there is enough evidence to hold the person for trial
– Taxing exports– Passing laws that violate the Bill of Rights– Favoring trade of a state– Granting titles of nobility– Withdrawing money without a law
A bill is a
proposed law.
A bill can be introduced in either house of Congress. The only exception to this rule is an appropriation bill, or bill approving the spending of money, which must begin in the House of Representatives.
Both the House and Senate must
pass the bill before it c
an be
sent to the President.
If the president signs the bill it becomes a law. A law is also known as an act.
Ideas of bills come from several sources: U.S. citizens, organized groups, congressional committees, members of Congress and the president.
When a bill is introduced, it is assigned
letters and a number (HR1215). The
letters HR tell what house introduced
the bill. The number indicates the bill’s
place among all the other bills
introduced.
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