without using your textbook: name both houses within the federal legislative branch. –one extra...

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Without Using Your Textbook:• Name both Houses within the federal legislative branch.

– One extra credit point each: Name California’s representatives for both houses.

– One extra credit point, if you can name one California state senator.

– One extra credit point, if you can name one California state assembly member.

Pump Primer

CHAPTER 8

UNIT THREE: LEGISLATIVE BRANCH

CHAPTER 8: THE STRUCTURE OF CONGRESS

• All laws whether God's laws or passed by Congress, give man a standard for measuring his actions. (Gal. 3:24) 

• Nations are created by God (Col.1:16), as are families and the church. Scripture speaks about the importance of human government as a provider of order (Rom 13).

Biblical Integration

CHAPTER 8

Objectives:

8-1:• Describe Congress’ bicameral structure.• Explain the role that politics plays in Congress• Discuss how the Speaker of the House and the majority leader in the

Senate lead their respective chambers.• Explain why term limits became popular• Discuss some of the complaints that Americans have about Congress.

8-2:• Identify and define the four types of congressional committees.• Explain the advantages of congressional committees.• Discuss the process for making laws in the United States Congress.

CONSTITUTIONAL FRAMEWORK

History explains why the Constitution’s framers made Congress the first branch of

government.

pp. 153-163CHAPTER 8AMERICAN GOVERNMENT

Congressional power peaked in the late nineteenth century, but declined

in the twentieth century.

pp. 153-163CHAPTER 8AMERICAN GOVERNMENT

• Bicameral Structure• Senate (upper house)• House of Representatives (lower house)

• Enables a slower pace in passing laws• House of Representatives a closer relationship with

“the people”• Senate serves as a check on the House of

Representatives (less accessible to the public)

pp. 153-163CHAPTER 8AMERICAN GOVERNMENT

• House of Representatives• 435 members• Based on the ten-year census

• Reapportionment • the process of redrawing

congressional district lines to reflect population shifts

pp. 153-163CHAPTER 8AMERICAN GOVERNMENT

redrawing district boundaries to favor the political party in control

Gerrymandering

p. 155CHAPTER 8AMERICAN GOVERNMENT

• Requirements for representatives:• At least 25 years old• Been a U.S. citizen for at least 7 years• Be a citizen of the state he represents

• Reside in congressional district

pp. 153-163CHAPTER 8AMERICAN GOVERNMENT

• Requirements for senators:• At least 30 years old• Been a U.S. citizen for at least 9 years• Be a resident of the state he represents

pp. 153-163CHAPTER 8AMERICAN GOVERNMENT

pp. 153-163CHAPTER 8AMERICAN GOVERNMENT

The House• 435 members, 2 year

terms of office.• Initiates all revenue

bills, more influential on budget.

• House Rules Committee

• Limited debates.

The Senate• 100 members, 6 year

terms of office.• Gives “advice &

consent”, more influential on foreign affairs.

• Unlimited debates. (filibuster)

House:• Speaker of the House (most powerful)

• Member of majority party• In line of presidential succession, after vice

president • Powers

• Decides which legislation will be considered• Who will be recognized from the floor• Major role in committee assignments and legislation• Can only vote when there is a tie

pp. 153-163CHAPTER 8AMERICAN GOVERNMENT

Senate: President of the Senate - Vice President• Chosen by party members:

• President Pro Temp – (honorary position – by tradition the position is held by the senior member of the majority)

• Majority Leader – (most powerful position of Senate)• Floor leader and party spokesperson• Assisted by whip

• Minority leader• Floor leader and party spokesperson• Assisted by whip

pp. 153-163CHAPTER 8AMERICAN GOVERNMENT

Two of the most controversial issues relating to members of Congress are term limits and congressional perquisites.

pp. 153-163CHAPTER 8AMERICAN GOVERNMENT

• Perks:• Franking privilege• Offices

• D.C. and home town• Staff• Travel (to and from D.C.)

pp. 153-163CHAPTER 8AMERICAN GOVERNMENT

• Congressional Sessions• Numbering

• Members elected in 2012 marked the beginning of the 113th Congress

• Each session lasts two years

pp. 153-163CHAPTER 8AMERICAN GOVERNMENT

LEGISLATIVE WORKINGS

• Four Types of Committees• Standing Committees: subject matter committees

handle different policy areas.• Joint Committees: few policy areas- made up of House

& Senate members.• Conference Committees: resolve differences in House

and Senate bills.• Select Committees: created for a specific purpose

pp. 163-170CHAPTER 8AMERICAN GOVERNMENT

• Committee Members• Selected by their party• House: 1-2 standing committees• Senate: 3-4 standing committees• Seniority• Chairmen

pp. 163-170CHAPTER 8AMERICAN GOVERNMENT

• Committee Powers• “Life-and-death power” over a bill• Committee membership mirrors that of

the party membership• Congressmen tend to seek committee

posts that impact their districts

pp. 163-170CHAPTER 8AMERICAN GOVERNMENT

The first step in a bill’s progress is to be introduced by a member of

Congress.

Several members may cosponsor the bill.

pp. 163-170CHAPTER 8AMERICAN GOVERNMENT

• Step Two: Committee Deliberation• Typically goes to a subcommittee first• Hearings may be held• If subcommittee passes it, it goes to the

full committee• If the committee passes it, it goes to the

House or Senate floor

pp. 163-170CHAPTER 8AMERICAN GOVERNMENT

• Step Three: Full House Vote• House procedure• Senate procedure

• Filibuster• Cloture (needs 60 votes)

pp. 163-170CHAPTER 8AMERICAN GOVERNMENT

• Step Four: Conference Committee• Used when House and Senate versions

of a bill differ• Conference version cannot be amended

in either the House or the Senate• Both houses must pass the bill

pp. 163-170CHAPTER 8AMERICAN GOVERNMENT

• Step Five: Presidential signature• He can sign the bill• He can veto the bill• He can ignore the bill while Congress is

in session• “Pocket veto” when Congress is not in

session

pp. 163-170CHAPTER 8AMERICAN GOVERNMENT

The line-item veto was briefly an option, but the Supreme Court ruled

it unconstitutional.

pp. 163-170CHAPTER 8AMERICAN GOVERNMENT

CHAPTER 9: THE POWERS OF CONGRESS

Objectives:

9-1:• Distinguish between powers of Congress that are specifically given in the

Constitution and those that are not.• List the various powers of Congress that are not related to passing laws.

9-2:• Identify and discuss the implied powers of Congress• Identify and discuss the non-legislative powers of Congress

9-3:• List the powers denied to Congress.

9-4:• Discuss the reasons why Congress is criticized.

ENUMERATED POWERS ARTICLE I, SECTION 8

• Financial Powers—Clauses 1, 2, 5, and 6• The power to tax• The power to pay debts• Common defense and general welfare

pp. 173-182CHAPTER 9AMERICAN GOVERNMENT

• Duty - a tax on imports

• Excise - tax on the production, sale, or use of items and on certain business practices

Definitions

p. 174CHAPTER 9AMERICAN GOVERNMENT

The Sixteenth Amendment, allowing an income tax, permitted Congress to tax without regard to population.

pp. 173-182CHAPTER 9AMERICAN GOVERNMENT

• Tariffs• Intended originally for revenue only• Increased the price of imported goods• Can be controversial even today

• NAFTA (1994)

pp. 173-182CHAPTER 9AMERICAN GOVERNMENT

• Clause 2 gives Congress the power to borrow money

• Clause 5 gives Congress the power to coin money and regulate its value

• Clause 6 gives Congress the authority to punish counterfeiters

pp. 173-182CHAPTER 9AMERICAN GOVERNMENT

Congress is authorized to provide for the “general welfare of the

United States.”

How much additional power does this give to Congress?

pp. 173-182CHAPTER 9AMERICAN GOVERNMENT

• Commercial Powers—Clause 3• Background• Gibbons v. Ogden (1824) gave Congress

broad power to regulate interstate commerce

• This power has been immensely expanded since the Great Depression

pp. 173-182CHAPTER 9AMERICAN GOVERNMENT

• Defense and Military Powers—Clauses 10-16• International law• War power

• Questions about Congress’s role• War Powers Act (1973)

pp. 173-182CHAPTER 9AMERICAN GOVERNMENT

• Naturalization and Bankruptcies—Clause 4• “Uniform”• Citizenship

• Naturalized citizens• Immigrants

• Bankruptcy laws were made uniform across the states

pp. 173-182CHAPTER 9AMERICAN GOVERNMENT

• Mail Service—Clause 7• Profitable• Competition• Present challenges

pp. 173-182CHAPTER 9AMERICAN GOVERNMENT

• Patents and Copyrights—Clause 8• Exclusive rights for limited times

pp. 173-182CHAPTER 9AMERICAN GOVERNMENT

• Federal Courts—Clause 9• Inferior courts, below Supreme Court• Judiciary Act of 1789• Today:

• 13 circuit courts• 94 district courts• Specialized federal courts

pp. 173-182CHAPTER 9AMERICAN GOVERNMENT

• District of Columbia—Clause 17• Power to make laws• Includes other federal properties• 1961: Twenty-Third Amendment (number

of electors based on number in legislation)

• 1967: Institution of mayor-council form of government

pp. 173-182CHAPTER 9AMERICAN GOVERNMENT

• Necessary and Proper Clause—Clause 18• The extent of this clause has long been a

source of debate• “Elastic clause”

• Supremacy Clause: Article VI, Clause 2

pp. 173-182CHAPTER 9AMERICAN GOVERNMENT

IMPLIED AND NONLEGISLATIVE POWERS

powers that a government has just by virtue of being a government

Implied Powers

p. 182CHAPTER 9AMERICAN GOVERNMENT

• Implied Powers• Examples• Contempt of Congress• Subpoena• Immunity• Immunity from prosecution for members

while governing

pp. 182-184CHAPTER 9AMERICAN GOVERNMENT

• Non-legislative Powers• Presidential Elections

• If no presidential candidate receives a majority of electoral votes

• Twenty-Fifth Amendment: Presidential Succession (vacancies in the vice-presidency)

pp. 182-184CHAPTER 9AMERICAN GOVERNMENT

• Non-legislative Powers• Ratification of Treaties• Confirmation of executive and judicial

appointments• Impeachment

• House impeaches• Senate conducts the trial

pp. 182-184CHAPTER 9AMERICAN GOVERNMENT

Congress has the power to determine the “qualifications of its

own members.”

Congress can censure or reprimand its members.

pp. 182-184CHAPTER 9AMERICAN GOVERNMENT

• Amendments to the Constitution• Congress can propose an amendment

with a two-thirds vote of both houses or by calling for a convention

• Congress decides how constitutional amendments are to be ratified

pp. 182-184CHAPTER 9AMERICAN GOVERNMENT

DENIED POWERS

• Reserved Powers• Tenth Amendment

• First Amendment• Limited power - Article I, Section 9

p. 185CHAPTER 9AMERICAN GOVERNMENT

CONGRESSIONAL CRITICISM

There are a variety of reasons why Congress is given consistently low

ratings by American citizens.

pp. 185-188CHAPTER 9AMERICAN GOVERNMENT

• Pork-Barrel Politics• Favors obtained for local citizens at the

expense of all• Logrolling

• the practice in which a member of Congress supports a colleague’s spending project in return for support for his own pork-barrel legislation

• Often hidden in larger spending bills

pp. 185-188CHAPTER 9AMERICAN GOVERNMENT

Scripture teaches that at times God gives a nation the kind of government it deserves.

pp. 185-188CHAPTER 9AMERICAN GOVERNMENT

• In Balance• Congress has two fundamental tasks:

representation and legislation• Congress is designed to act deliberately

pp. 185-188CHAPTER 9AMERICAN GOVERNMENT

School House Rock: How A Bill Becomes Law. YouTube.com 8 Dec 2011. Web. 9 Sep 2012. http://www.youtube.com/watch?v

=FFroMQlKiag

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