Article 1: The Legislative Branch

The Constitution

There are 7 articlesArticle 1 addresses the Legislative BranchArticle 2 addresses the Executive BranchArticle 3 addresses the Judicial Branch

The Articles of the Constitution

Representatives from 12 states signed the Constitution on September 17, 1787

Ratification

The 2 branches of Congress are the House of Representatives and the Senate.

Apportionment: Calculation of the number of representatives for each state

Census: count of the people (every ten years)

Congress

RequirementsHouse of

Representatives

Senate

Age requirement

25 yrs. old

30 yrs. old

Residency requirement

Resident of State

Resident of State

Citizenship requirement

7 yrs. US citizen

9 yrs. US citizen

Length of Term

2 years(all up for election at the same time)

6 years(1/3 are up for

election at a time)

Each state guaranteed 1 representativeThe formula is 1 representative per 470,000

people

Representatives

If there is a vacancy in a state’s representation, the governor of that state calls a special election to fill the vacancy

Vacancy

Illinois Gov. Rod Blagojevich announces his choice of former Illinois Attorney General Roland Burris to fill President-elect Barack Obama's U.S. Senate seat Tuesday, Dec. 30, 2008, in Chicago.

U.S. House of Representatives

U.S. House of Representatives

Based on 2010 Census Data

GerrymanderingHistorically, state legislatures have abused their

power to divide the state congressional districts by gerrymandering

Gerrymandering: the political party that controls the state government draws boundaries to gain an advantage in elections.

Packing: include as many of the opposing party’s voters as possible.

Cracking: dividing an opponent’s voters into other districts.

Result: many districts are very irregularly shaped

U.S. House of Representatives

Based on 2010 Census Data

Punish piratesDeclare warRaise and create rules for army and navyCall up state militiasArm and discipline militiasEstablish a capitalEstablish laws that are necessary and proper (Elastic Clause)

Powers of Congress cont.

Power to lay and collect taxes (pays debts and provides for a common defense)

Power to borrow moneyRegulate trade (commerce)Make laws for naturalization and immigrationCoin moneySet standard weights and measuresEstablish post officesPunish counterfeitersIssue copyrights and patentsCreate lower federal courts under the Supreme

Court

Powers of Congress:

Habeas Corpus laws: a person cannot be held in jail without being formally charged

Bills of attainder: a person cannot be punished without benefit of a trial

Ex-post Facto Law: cannot pass a law that punishes an action that already took place, before the law was passed

The Congress cannot pass…

Enter into alliancesCoin moneyPass bills of attainderPass ex-post facto lawsGrant titles of nobilityTax imports or exportsKeep an armyDeclare war

States cannot…

No member of the House or Senate can serve in the executive or judicial branches while in office

All bills for raising revenue can only originate in the House of Representatives

Founding Fathers gave the power of the purse to the House of Representatives

Misc. Items:

How Does Congress Work?

PART TWO

The House itself chooses the Speaker of the House

The current speaker of the House is John Boehner a Republican

Majority leader of the Senate has a great deal of power

The current majority leader of the Senate is Harry Reid (Dem.)

Speaker of the House

The leader of the Senate is called the President of the Senate

The vice-president always fills this roleOnly votes to break a tieJoe Biden is the current President of the Senate

President of the Senate

A quorum is a simple majority (1/2 plus 1)

A quorum in the House of Reps is 218A quorum in the Senate is 51Need a quorum to conduct business If members of either house display disorderly

behavior, the house itself will deal with it.

Quorum

Wisconsin

Representation and Reapportionment

Census: population count every 10 yearsReapportionment: recalculate the number of

representatives each state will haveToday Congress limits the House to 435

Redistricting: setting up new district lines after reapportionmentUsually done by state legislatures

Some states have abused this powerSupreme Court: “One person-One vote”Each district contains: 670,000 people.

Members of CongressCharacteristics

Nearly half are lawyers

WhiteAverage age

62 Senate57 House

237 millionaires91 women (most in the House)

Incumbents: members already in office

AdvantagesFrankingName recognitionFund-raisingRe-districting

The House at WorkEach house of Congress has rules to help

members conduct businessThe House rules are geared toward moving

legislation quickly House debates rarely last more than one dayLeaders of the House have a great deal of

power

House LeadersSpeaker of the House:

most powerful position chosen by the majority party

Majority LeaderElected leader of the

party w/most seats

Minority LeaderElected leader of the

party w/2nd most seats

WhipsConvince members

to follow the party line when they are voting on an issue

House Leaders DutiesOrganize CommitteesUnify their respective partyAppoint committee headsControl the flow of legislationKeep in touch with the president

Lawmaking in the HouseAll laws begin as bills introduced in the

HouseBill: Proposed Law

After a bill is introduced the Speaker sends it to a committee for study, discussion, and reviewMost bills die here, only 10-20% make it outBills that survive are but on the calendar

The House Rules CommitteeTraffic Officer of the

HouseDirects the flow of

legislationMost powerful

Functions of the Rules CommitteeBills entered on a

CalendarToo many billsRules committee can

move bills ahead on the list

Set time limitsRestrict

amendments

QuorumMinimum number of members to conduct

business: House 218 majority

Committee of the Whole100 membersDebate billsReport findings back to the full House

The Senate at Work

Senate is more informal than the House More freedom to express their views Unlimited debate

Vice President: presiding officer Only votes in case of a tie Finds Senate work unchallenging and spends most of his

time on executive duties

President Pro-Temp Official leader (honorific) Senior senator from majority True leader: majority leader

Not as powerful as Speaker of the House Steers parties bills through the Senate

The Senate

Senate rules give tremendous power to individual senators

Filibuster: unlimited debate Hold: request for more timeCloture: ends filibuster

Need 60 votes

The longest speech in the history of the Senate was made by Strom Thurmond of South Carolina. Thurmond, a Democrat who later became a Republican, spoke for twenty-four hours and eighteen minutes during a filibuster against passage of the Civil Rights Act of 1957.

Committee System Standing Committees

Continue from one Congress to the next—bills referred here for consideration

Joint Committees Includes members from both houses of Congress,

conducts investigations or special studies Conference Committees

Joint committee created to iron out differences between Senate and House versions of a specific piece of legislation

Select (or special) Committees Temporary committee appointed for specific purpose,

such as conducting a special investigation or study

Committee MembershipMembers often seek assignments to

committees based onTheir own interests or expertiseA committee’s ability to help their prospects

for reelection Pork: legislation that allows representatives to

bring home the “bacon” to their districts in the form of public works programs, military bases, or other programs designed to benefit their districts directly.

Access to large campaign contributors

Committee ChairsThese individuals have tremendous power

and prestige.Authorized to select all subcommittee chairsCall meetingsRecommend majority members to sit on conference

committeesCan kill a bill by not scheduling hearings on itHave staff at their disposal

Seniority vs. loyalty to the party in the HouseSeniority still important in the SenateBoth chambers have term limits for chairs.

How a Bill Becomes a Law

- Most bills come from: -Executive Branch-Pressure Groups-Private Citizens

Bill: proposed law presented to the Senate or the House

Public Bills: Apply to the nation as a whole(taxes, gun control, abortion)

Private Bills: deal with individual people or places(claims against the gov. or immigration issues)

1. Idea for a bill (only members)

2. Standing Committee (House or Senate)-Most bills die here (pigeon holed)

3. House-debate (limited)-pass or defeat the bill-If the bill is passed it goes to the Senate

4. Senate-debate (unlimited)-pass or defeat the bill-If the bill is passed it goes to the President

5. President-Sign the bill (law)

-Veto law(2/3’s of the House and Senate must vote to

pass the bill to override the Presidents veto)

-Allow it to become a law by not doing anything(Pocket Veto: 10 days)

-If Congress adjourns its session within 10 days of submitting a bill, and the President does

nothing, it dies.