Article I: The Legislative Branch

• All legislative Powers … shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives

113th Congress

• Each term starts Jan.3 of odd numbered years.– Ex. 113th Congress began on 1/3/2013

• Terms for Reps: 2 yrs.» Senators: 6 yrs.

Introduction

• The U.S. system of gov’t is based on a representative form of gov’t.

• Not all Americans can meet in the same place at the same time to make laws.

• Americans choose representatives to make laws for them.

• Representatives carry out the will of the people, or they are replaced in next election.

What is Fair?How should representing the states balance the big and the small? (Continuation of our “We the People” lessons)

NJ Plan:Equal Representation

Pro: all have equal say.

Con: people’s votes aren’t equal.

VA Plan:Proportional Representation

Pro: people’s votes are now weighted evenly.

Con: small states have little say

vs

Great Compromise:Create a legislature with 2 houses, balance

responsibilities between the two, and create a more perfect union of big and small.

Bicameral LegislatureArticle 1, Section 1: …which shall consist of a Senate and House of Representatives.

Our Congress is split in two houses: The House of Representatives is determined on

a State’s Population (proportional representation).

Each state sends 2 Senators to the other part of congress, the Senate (equal representation).

The Senate is 100 people, can’t change without adding/subtracting states.

The House is 435 people, but is divided differently every 10 years to reflect the latest census/population figures.

Characteristics of the 2 HousesArticle 1, Section 2 (Clauses 1 & 2); Section 3 (Clauses 1,2 &3)

Senate House of Representatives

6 Years Length of Term

2 Years

30 Years Old Age Minimum

25 Years Old

Live anywhere in state Residency Requireme

nt

Live in district

9 year US citizen Citizenship Requireme

nt

7 year US citizen

100 Total # 435

2 From NJ 13

New Jersey (NJ) Plan – favors small states

More Like: Virginia (VA) Plan – favors big statesAll Reps/Senators are elected by direct election – the people vote directly for them.

What is the significance of the U.S. Census?

Determines the states representation in Congress. A state can add or lose representation based on the latest U.S. Census

Where is our district?

Rodney Frelinghuysen (R)11th District

• Serving 9th term as Rep.• Elected in 1995• Represents 56 municipalities

(Morris, Essex, Passaic, Somerset, Sussex)

• Vietnam Veteran

• http://www.youtube.com/user/RepFrelinghuysen#p/u/18/eUYQPB9RdXk

Leadership of the HouseArticle 1, Section 2, Clause 5: The House of Representatives shall choose their Speaker and other Officers

Speaker of the House is voted on by the Representatives. Currently John Boehner (R-OH) Considered to be the “one of the most

powerful person in US,” as s/he controls which bills get voted on and when.

Republicans and Democrats also elect leaders to represent their causes, mainly the Minority Leader. Currently Nancy Pelosi (D-CA)

Whips: both parties have them – responsible for getting people “on board” with votes.

R- 235D-200

D-53R-45I-2

Leadership of the SenateArticle 1, Section 3, Clause 4: The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

The Vice President “leads” the Senate asthe President of the Senate.

The Vice President only votes to break ties. The VP does not run day-to-day business Acts as a “presence” to remind the Senate of

the President’s wishes and power.

The Senators also elect the president pro

tempore. (Daniel Inouye of D – HI) Only formally takes charge when the VP

cannot. Usually the longest serving person in the

Senate

Article 1, Section 3, Clause 5: The Senate shall choose their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of the President of the United States.

Senate Majority Leader: Harry Reid (D)- NevadaRepresents Democrats in the Senate

Other Requirements and ThingsArticle 1, Sections 4, 5, & 6

Since 1872, Congress requires all states to hold elections for Senators and Reps on the same day.

Each house sets quorum: Senate/House cannot vote with a minimum number

of Senators/Representatives present (51 in Senate, 218 in House)

Rules are set (and are very long and detailed). Congressional Record – all votes, speeches and

actions are recorded everyday and available online.

$$$ - All make $170 k, with leadership making more.

Cannot be arrested or sued (immunity) for something they say during debate, unless it is a criminal act.

Cannot hold another government job while serving in Congress.

Enumerated powers of Congress Article 1, Section 8, Clauses 1-18: Congress shall have the power…

Collect Taxes for the common defense and general welfare Taxes must be the same in all parts of the

country. Borrow money through bonds bought by

Americans. Establish laws on Naturalization:

The process by which an immigrant becomes an American citizen.

Regulate all trade (between states or countries).

Enumerated powers of Congress Cont…Article 1, Section 8, Clauses 1-18: Congress shall have the power…

Military Powers: Declare War: The President

may NOT do this! Create and fund the Army, Navy. Make rules and raise/spend money for it. Call for the militia (or National Guard)

to defend nation. Begin a draft, if necessary.

Elastic Clause – Congress’ greatest power! “make all laws necessary and proper.” Congress can make laws it feels are needed.

Also called the “general welfare” and “necessary and proper” clause.

When Bill reaches the White House

• When a bill reaches the White House, the president has a few options:– Sign the bill (making it a federal law)– Not sign the bill

• Bill returns to the house it originated in • 2/3 of both houses must approve to override

presidents veto.

How a Bill becomes a law

• 1. Bill is introduced by a congressman (House/Senate)

• 2. Bill is debated and must be approved by a majority of both houses.

• 3. Bill sent to president.• 4. Pres. has three options

– Sign bill- becomes law– Rejects bill- Veto– Does not decide- pocket veto

Veto

• If president vetoes a bill it is sent back to Congress. – Bill is voted on again, must be approved by 2/3 of

Congress to override the presidents veto.

Pocket veto

• pocket veto - The Constitution grants the President 10 days to review a measure passed by the Congress. If the President has not signed the bill after 10 days, it becomes law without his signature. However, if Congress adjourns during the 10-day period, the bill does not become law.

- 3,914 bills were proposed by Congress in 2012.- 61 were passed. .01%

Speaker of the House: John Boehner (R-OH)Elected by the whole of the House of Representatives, the Speaker acts as leader of the House and combines several roles: the institutional role of presiding officer and administrative head of the House, the role of leader of the majority party in the House, and the representative role of an elected member of the House. The Speaker of the House is second in line to succeed the President, after the Vice President.

Majority Leader: Eric Cantor (R) Represents Republicans on the House floor

Majority Whip: Kevin McCarthyAssists leadership in managing party's legislative program.

Minority Leader- Nancy Pelosi (D-CA)Represents Democrats on the House floor.

Minority Whip: Steny HoyerAssists leadership in managing party's legislative program.

President- Joe Biden (D-DE)Presides over the Senate

President Pro Tempore: Daniel Inouye (D)- HIPresides over the Senate in the absence of the President (VP-Joe Biden)

Majority Whip: Richard Durbin (D-IL)

Minority Leader: Mitch McConnell (R-KY)Represents Republicans in the Senate

Minority Whip: Jon Kyl (R-AZ)

Exit Slip

• 1) Should Congress be more/less present in our daily lives?

• 2) Do you agree/disagree with the current representation system in Congress? Why?

• 3) What still confuses you about the Leg. Branch?