CHAPTER 5BCHAPTER 5B“THE LEGISLATIVE BRANCH”“THE LEGISLATIVE BRANCH”

(SECTIONS 3 & 4)(SECTIONS 3 & 4)

THE POWERS OF CONGRESSTHE POWERS OF CONGRESSA. WHAT POWERS OF CONGRESS DOES A. WHAT POWERS OF CONGRESS DOES

THE CONSTITUTION LISTTHE CONSTITUTION LIST

1. Article I, Section 8 of the Constitution list 1. Article I, Section 8 of the Constitution list

all powers given to Congressall powers given to Congress

a. Only Congress can allow the coining of a. Only Congress can allow the coining of

money.money.

b. There is a uniform form of weights and b. There is a uniform form of weights and

measures.measures.

c. Congress can provide defense and is the c. Congress can provide defense and is the

only branch who can declare war.only branch who can declare war.

(Strengthen by the War Powers Act of (Strengthen by the War Powers Act of

1973)1973)

d. Can raise and support a military but d. Can raise and support a military but

can not make an allowance of money for can not make an allowance of money for

the armed forces for more than two years the armed forces for more than two years

at a time.at a time.

e. Congress passes laws to regulate trade:e. Congress passes laws to regulate trade:

-interstate commerce - trade or -interstate commerce - trade or

commerce between states.commerce between states.

-intrastate commerce - trade between -intrastate commerce - trade between

different parts of the same state. different parts of the same state.

(Congress does not control this)(Congress does not control this)

f. Congress can regulate many f. Congress can regulate many

communication companies.communication companies.

g. Congress makes laws to permit g. Congress makes laws to permit

naturalization.naturalization.

h. Congress created the U.S. postal h. Congress created the U.S. postal

service.service.

i. Congress can create national courts i. Congress can create national courts

lower than the Supreme Court. (Does lower than the Supreme Court. (Does

not apply to state courts.)not apply to state courts.)

j. Congress can grant patents and j. Congress can grant patents and

copyrights. copyrights.

k. Congress makes laws for Washington k. Congress makes laws for Washington

D.C..D.C..

2. Borrowing, Taxing, and Spending2. Borrowing, Taxing, and Spending

a. One of the most important powers a. One of the most important powers

given to Congress is the power to given to Congress is the power to

borrow and raise money.borrow and raise money.

3. Only Congress can tax, spend, and 3. Only Congress can tax, spend, and

borrow money.borrow money.

a. All tax proposals must originate in a. All tax proposals must originate in

the House of Representatives. (In the House of Representatives. (In

your small groups discuss why?your small groups discuss why?

( 3 Min.)( 3 Min.)

b. Members are elected from a smaller b. Members are elected from a smaller

geographical area. (They thus geographical area. (They thus

represent more people.)represent more people.)

c. Senate can only change the c. Senate can only change the

proposals.proposals.

d. Constituents - people who live in d. Constituents - people who live in

the home districts or states of the home districts or states of

members of Congress.members of Congress.

B. Elastic ClauseB. Elastic Clause

1. Powers not listed in the Constitution.1. Powers not listed in the Constitution.

2. Congress can make laws necessary 2. Congress can make laws necessary

and proper to carry out the delegated and proper to carry out the delegated

powers.powers.

a. Article 1 Sec. 8 is known as the a. Article 1 Sec. 8 is known as the

elastic clause.elastic clause.

3. The Doctrine of Implied Powers3. The Doctrine of Implied Powers

a. McCulloch v. Maryland - a. McCulloch v. Maryland -

established implied powers by established implied powers by

saying government could make saying government could make laws laws

that were necessary and proper.that were necessary and proper.

(John Marshall)(John Marshall)

4. Every implied power must be based 4. Every implied power must be based

on some listed power.on some listed power.

a. Regulating railroads that cross a. Regulating railroads that cross

state lines.state lines.

C. Power to ImpeachC. Power to Impeach

1. House of Rep. has the power to 1. House of Rep. has the power to

accuse a person of wrong doing.accuse a person of wrong doing.

a. Impeachment - asking a person be a. Impeachment - asking a person be

removed from office because of removed from office because of

wrong doing.wrong doing.

b. Senate acts as a court/jury and hears b. Senate acts as a court/jury and hears

the evidence. [2/3 vote of Senate the evidence. [2/3 vote of Senate

can remove an official. (they can remove an official. (they

may never hold office again.)]may never hold office again.)]

c. Vice President usually acts as the judge c. Vice President usually acts as the judge

unless the President is being accused. In unless the President is being accused. In

this case the Chief Justice of the this case the Chief Justice of the Supreme Supreme

Court presides over the case. (WHY??)Court presides over the case. (WHY??)

d. 16 federal officials have been impeached.d. 16 federal officials have been impeached.

e. Impeached official may be tried in other e. Impeached official may be tried in other

courts for any crimes committed.courts for any crimes committed.

D. Special PowersD. Special Powers

1. House has three:1. House has three:

a. Start impeachment proceedings.a. Start impeachment proceedings.

b. Bills for raising money start here.b. Bills for raising money start here.

c. Choose the President if enough c. Choose the President if enough

electoral voters are not gotten.electoral voters are not gotten.

2. Senate has four:2. Senate has four:

a. Hold impeachment trialsa. Hold impeachment trials

b. Choose Vice-President if enough b. Choose Vice-President if enough

electoral votes are not gotten.electoral votes are not gotten.

c. Approve all treaties (2/3 vote)c. Approve all treaties (2/3 vote)

d. Approve some Presidential d. Approve some Presidential

appointments to office.appointments to office.

3. Investigative Powers3. Investigative Powers

a. Investigative committees can be a. Investigative committees can be

set up to determine how the set up to determine how the

President is enforcing the laws or President is enforcing the laws or

what new laws are needed.what new laws are needed.

b. Can hear witnesses and gather b. Can hear witnesses and gather

information.information.

c. Investigations often lead Congress c. Investigations often lead Congress

to changing an existing law or to changing an existing law or

create a new one.create a new one.

4. Regulation of the Economy4. Regulation of the Economy

a. The creation of a federal banka. The creation of a federal bank

b. The creation of the Federal Reserve b. The creation of the Federal Reserve

System - regulates all national and System - regulates all national and

many state banks in order to control many state banks in order to control

the supply of money in the economy.the supply of money in the economy.

c. Congress may also raise or lower c. Congress may also raise or lower

taxes to pick up the economy.taxes to pick up the economy.

DD. Limits on Powers. Limits on Powers 1. Voting power of the people 1. Voting power of the people

2. Checks and balances of the other 2. Checks and balances of the other two branches 2/3 vote of Congress two branches 2/3 vote of Congress can override Presidential veto. can override Presidential veto. Judicial Review (Courts can only Judicial Review (Courts can only declare a law invalid if someone declare a law invalid if someone challenges it.)challenges it.)

3. Constitution forbids certain actions. 3. Constitution forbids certain actions. a. Prohibitions - rules or laws that a. Prohibitions - rules or laws that

forbid certain thingsforbid certain things..

b. Writ of Habeas Corpus - Can not be b. Writ of Habeas Corpus - Can not be held as a prisoner unless charged held as a prisoner unless charged with a crime.with a crime. - Only exception is aiding the - Only exception is aiding the enemy.enemy.

c. The Prohibition Against Bills of c. The Prohibition Against Bills of

Attainder - law that convicts people Attainder - law that convicts people

of a crime without a court trial.of a crime without a court trial.

d. The Prohibition Against Ex Post d. The Prohibition Against Ex Post

Facto Laws - can not be punished for Facto Laws - can not be punished for

an act committed before there was a an act committed before there was a

law against it.law against it.

e. The Prohibition Against Unequal e. The Prohibition Against Unequal

Treatment by the LawTreatment by the Law

- Every person must be treated - Every person must be treated

equally.equally.

- Double Test of Fairness (Difference - Double Test of Fairness (Difference

in treatment) Must have a in treatment) Must have a

reasonable relationship to the reasonable relationship to the

purpose of the law.purpose of the law.

- Purpose of the law must be one that - Purpose of the law must be one that

is allowed by the Constitution.is allowed by the Constitution.

f. Taxing exports can not be done.f. Taxing exports can not be done.

g. Favoring trade of a state g. Favoring trade of a state

- Congress can not pass laws that - Congress can not pass laws that

would give states or groups an unfair would give states or groups an unfair

trading advantage.trading advantage.

h. Granting titles of nobilityh. Granting titles of nobility

- all people are created equally- all people are created equally

i. Withdrawing money without a lawi. Withdrawing money without a law

-must pass a law telling how money-must pass a law telling how money

will be spent.will be spent.

HOW A BILL BECOMES A LAWHOW A BILL BECOMES A LAW

A. The Idea for a Bill BeginsA. The Idea for a Bill Begins

1. Thousands of bills are introduced in to 1. Thousands of bills are introduced in to

each house every year.each house every year.

a. Appropriation bills (money) must a. Appropriation bills (money) must

originate in the House.originate in the House.

2. Where do ideas for bills come from:2. Where do ideas for bills come from:

a. Citizensa. Citizens

b. Organized groups (PAC’s, etc.)b. Organized groups (PAC’s, etc.)

c. Committees of Congressc. Committees of Congress

d. Members of Congressd. Members of Congress

e. The Presidente. The President

B. An Idea Becomes a BillB. An Idea Becomes a Bill

1. Anyone can suggest a bill but only 1. Anyone can suggest a bill but only

members of Congress can introduce members of Congress can introduce

bills.bills.

C. The Bill is Introduced in the HouseC. The Bill is Introduced in the House

1. Bills are usually written by Committee 1. Bills are usually written by Committee

and dropped into the “hopper”.and dropped into the “hopper”.

2. It is then given a number (H.R. 101 or2. It is then given a number (H.R. 101 or

S. 223)S. 223)

D. The Bill is Sent to CommitteeD. The Bill is Sent to Committee

1. Bill is sent to the committee in which 1. Bill is sent to the committee in which

it has the best chance of passing. it has the best chance of passing.

(Many bills can go to a variety of (Many bills can go to a variety of

different committees.)different committees.)

a. Many bills can die in committee.a. Many bills can die in committee.

E. The Committee Holds HearingsE. The Committee Holds Hearings

1. Hearings are open to the public1. Hearings are open to the public

2. Any testimony for/against the bill is 2. Any testimony for/against the bill is

heard. (I call this the bill on trial)heard. (I call this the bill on trial)

F. The Committee Studies the BillF. The Committee Studies the Bill

1. They can change it, etc. and recommend 1. They can change it, etc. and recommend

it for passage.it for passage.

G. The House/Senate Considers a BillG. The House/Senate Considers a Bill

1. It is placed on the House calendar in 1. It is placed on the House calendar in

which it is given a day to be which it is given a day to be considered.considered.

2. The bill is given 3 readings.2. The bill is given 3 readings.

a. Speaker reads the title of the bill a. Speaker reads the title of the bill

before sending it to committee.before sending it to committee.

b. Second reading occurs when the bill b. Second reading occurs when the bill

is being debated on.is being debated on.

- Rules committee decides how - Rules committee decides how

much debate time is given to bill.much debate time is given to bill.

(House)(House)

- Each paragraph is read and - Each paragraph is read and

amendments may be made to each amendments may be made to each

paragraph.paragraph.

H. The House Votes on the BillH. The House Votes on the Bill

1. A quorum - majority must be present 1. A quorum - majority must be present

to do business.to do business.

2. Bill is read (usually in entirety)2. Bill is read (usually in entirety)

3. Roll-Call vote is taken3. Roll-Call vote is taken

a. Roll-Call Vote - each member’s a. Roll-Call Vote - each member’s

name is called and a record is made name is called and a record is made

of his/her vote.of his/her vote.

b. If it passes, it goes to the otherb. If it passes, it goes to the other

house.house.

I. The Senate/House Acts on the BillI. The Senate/House Acts on the Bill

1. Bill is given number.1. Bill is given number.

2. Read by title for its first reading.2. Read by title for its first reading.

3. Send to committee3. Send to committee

a. Kills or recommends bill for passage.a. Kills or recommends bill for passage.

4. Bill is debated on.4. Bill is debated on.

a. Filibuster - talking a bill to death.a. Filibuster - talking a bill to death.

b. Cloture - ending debate on a bill with b. Cloture - ending debate on a bill with

a 3/5 vote. a 3/5 vote.

J. The House and Senate Agree on the Final J. The House and Senate Agree on the Final

BillBill

1. If identical bills are passed it is sent to 1. If identical bills are passed it is sent to

the President.the President.

2. Usually the House or Senate pass 2. Usually the House or Senate pass

different versions in which case it is different versions in which case it is

sent back to the House in which it sent back to the House in which it

originated.originated.

3. If the House/Senate do not agree to the 3. If the House/Senate do not agree to the

changes a conference committee is changes a conference committee is

called. (Equal membership from both called. (Equal membership from both

Senate and House.)Senate and House.)

a. A compromise is made and the bill a. A compromise is made and the bill

is sent back to both houses in which is sent back to both houses in which

the bill is usually passed.the bill is usually passed.

K. The President Approves/Vetoes the BillK. The President Approves/Vetoes the Bill

1. President may take 1 of 3 actions1. President may take 1 of 3 actions

a. Sign the bill and declare it law.a. Sign the bill and declare it law.

b. May refuse to sign the bill (veto)b. May refuse to sign the bill (veto)

- It is sent back to the House in - It is sent back to the House in

which it originated in with a which it originated in with a

message saying why he vetoed it.message saying why he vetoed it.

- Veto can be overridden with a- Veto can be overridden with a

2/3 vote of EACH House.2/3 vote of EACH House.

c. President can do nothing with a bill.c. President can do nothing with a bill.

- Becomes law after 10 days and - Becomes law after 10 days and

Congress is in session. Congress is in session.

- Pocket Veto - President does nothing - Pocket Veto - President does nothing

with a bill and Congress is not it with a bill and Congress is not it

session the bill is dead.session the bill is dead.

IN YOUR SMALL GROUPS DISCUSS IN YOUR SMALL GROUPS DISCUSS WHY A PRESIDENT WOULD USE THE WHY A PRESIDENT WOULD USE THE VARIOUS KINDS OF VETOES. (3 MIN.)VARIOUS KINDS OF VETOES. (3 MIN.)

STEPS TO A BILL BECOMING STEPS TO A BILL BECOMING LAW (SIMPLIFIED)LAW (SIMPLIFIED)

1. Introduction1. Introduction

2. Committee2. Committee

3. Hearings are held3. Hearings are held

4. Committee Studies Bill4. Committee Studies Bill

5. House Considers Bill (Floor Vote)5. House Considers Bill (Floor Vote)

6. Introduction (Other House)6. Introduction (Other House)

7. Committee (Other House)7. Committee (Other House)

8. Floor Vote8. Floor Vote

9. Senate and House Agree on Final Version9. Senate and House Agree on Final Version

10. President10. President

POSSIBLE ASSIGNMENTS:POSSIBLE ASSIGNMENTS:

1. Make a collage on how Congress Protects 1. Make a collage on how Congress Protects

Freedoms.Freedoms.

2. Article Before Congress. Draw a 2. Article Before Congress. Draw a Cartoon Dipicting the Cartoon.Cartoon Dipicting the Cartoon.

3. Grad Project U.S. Citizenship Parts C & 3. Grad Project U.S. Citizenship Parts C & DD

4. Building Your Portfolio (pg. 91)4. Building Your Portfolio (pg. 91)

5. Chapter 15 Wks.5. Chapter 15 Wks.

6. Skills Wks. (pg. 5)6. Skills Wks. (pg. 5)

7. How a Bill Becomes a Law video7. How a Bill Becomes a Law video

8. Students Find a Bill, or make one of their 8. Students Find a Bill, or make one of their

own, put it into the hopper. (Break into own, put it into the hopper. (Break into

House and Senate and put into House and Senate and put into

committees. etc.committees. etc.

9. Amer. Gov Worksheet (pg. 15, 52, 54)9. Amer. Gov Worksheet (pg. 15, 52, 54)

10. Section Review (pg. 83, 89)10. Section Review (pg. 83, 89)

EXTRA CREDIT (5 pts.)EXTRA CREDIT (5 pts.)

1. Voc. Workshop, Reviewing Main Ideas, 1. Voc. Workshop, Reviewing Main Ideas,

Thinking Critically (pg. 91)Thinking Critically (pg. 91)