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THE LEGISLATIVE BRANCH
Chapter 5
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Focus
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Agenda
Members of Congress
Organization of Congress
Powers of Congress
Passing a Bill
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Members of Congress
There are two houses of Congress: House of
Representatives
Senate
This is called a Bicameral Legislature Established by Article I
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Members: House of Representatives
435 members Limit on members
1789 = 65 Representatives
Each member represents a Congressional District Area of a state that includes
about 600,000 people Number of districts depend
on a state’s population
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Members: House of Representatives
Every 10 years, Congress decides how districts will be apportioned or distributed by using the Census.
If a state’s population decreases State will lose seats
If a state’s population increases State will gain seats
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Members: House of Representatives If a state loses or
gains seats, district lines need to be redrawn
Gerrymandering is the practice redrawing district lines to favor a person or political group.
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Members: House of Representatives
Gerrymandering in the Animal Kingdom
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Members: House of Representatives
Congressional elections are held on even years 2010, 2012…
Each term is two years
If a representative dies, the state governor calls a special election
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Members: Senate
100 members 2 per state
1789 = 26 Senators
Senators represent whole state
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Members: Senate
Elections are held on even numbered years 2010, 2012…
Each term is 6 years
If a Senator dies, the governor appoints a replacement until the next election
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Members: House of Representatives Qualifications according to Article I of
Constitution:
Must be at least 25 years old
United States citizen for at least 7 years
Resident of the state represented
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Members: Senate
Qualifications according to Article I of the Constitution:
Must be at least 30 years old
United States citizen for at least 9 years
Resident of the state represented
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Members: Salary and Benefits Annual salary of $165,200.
Members have offices in the Capitol building and receive an allowance to pay staff
Member perks: Free trips of their home state The Franking Privilege is the right to mail
official letters and packages for free Immunity
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Members: Rules of Conduct
Rules of Conduct Each house has its own written rules for
conducting business Constitution – Article I The House Rules and Manual and The
Senate Manual Example: In the Senate Manual, it talks about a
filibuster, or a method of delaying action on a bill by making long speeches
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Members: Rules of Conduct
Expulsion If a member commits a serious offense,
the member could be expelled from office.
Expulsion means that a person must give up their seat.
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Examples of Expulsion
Pennsylvania House of Representatives Michael Myers (1980) and Raymond Lederer (1981 – actually resigned before vote of expulsion occurred) due to their involvement in accepting bribes.
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Members: Rules of Conduct
Censure Less serious offenses
may bring a vote of censure, or formal disapproval of a member’s actions.
A censured member must stand alone at the front of the House or Senate and listen as their charges are read.
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Examples of Censure
Most Famous: Joseph McCarthy Charge – “failed to cooperate with the
Subcommittee on Rules and Administration", and "repeatedly abused the members who were trying to carry out assigned duties”
Most Recent: Charles Rangel
Charge – Ethics Rules violation, improper use of campaign contributions, and failure to report income when filing taxes
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How Congress is Organized
During a representatives TERM, they serve the Sessions. A session starts on January 3rd (or first Monday after new year) and ends when it has finished its legislative work near the end of the year
A JOINT SESSION can occur between the House and Senate for special occasions. Example – Declaration of War or State of
the Union Address
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Organization: Senate
Constitution states that the Vice President is the presiding officer over the Senate.
When the Vice President cannot make it, the President Pro Tempore presides.
Members of the Senate vote for the President Pro Tempore.
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Organization: Senate
Vice President and President Pro Tempore are mainly symbolic
Vice President Joe Biden
President Pro Tempore Patrick Leahy
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Organization: Party Leaders and Whips
In each house, members of the majority and minority parties have a floor leader and a whip.
Floor leaders act as spokespersons for their parties.
Work to persuade members of both parties to vote for specific laws.
House of Representatives – Party Leaders
Senate – Party Leaders
Eric Cantor (R) Nancy Pelosi (D)
Mitch McConnell (R) Harry Reid (D)
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Organization: Party Leaders and Whips
Whips assist the floor leaders in communicating with party members.
“Whip” members into shape. Caucuses are
when/where political parties pick their leaders.
House of Representatives – Whips
Kevin McCarthy (R) Steny Hoyer (D)Senate – Whips
John Cornyn (R) Richard Durbin (D)
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Organization: House of Representatives
Speaker of the House is the highest officer in the House of Representatives is called the
Elected by members of the House to make sure that everything runs smoothly
Member of the majority party
Party with less than half of the seats is called the MINORITY PARTY
John Boehner (R)
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Organization: House of Representatives
Duties of the Speaker of the House Assign legislation to committees for
discussion and preparation Decide the legislative agenda for a session
of the House Decide when and who can speak on an
issue
Duties of the Speaker of the House Assign legislation to committees for
discussion and preparation Decide the legislative agenda for a session
of the House Decide when and who can speak on an
issue
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Organization: Committees
Congress divides itself into different committees that focus on specific subject areas. Examples: Education,
Agriculture, Science, etc.
Led by a chairperson who guides and sets priorities for their committees.
Members are chosen by their political parties
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Organization: Committees
Committees have 3 main roles Research specific subjects – holding
hearings to get advice from experts Write legislation – write laws that are
related to their specific subject areas Decide whether to send legislation to
the floor – important enough for a vote
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Organization: Committees
There are four types of committees: Standing Joint Select Conference
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Organization: Committees
Standing Committee Permanent groups set
up that are responsible for specific subject areas.
Divided into sub-committees
Examples Veterans Affairs Homeland Security Agriculture Education
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Organization: Committees
Joint Committee Permanent
committees made up of members of both houses
They investigate issues and make recommendations but don’t write bills.
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Organization: Committees
Select Committee Committees
created to study an issue or event
Examples: Energy
Independence and Global Warming
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Organization: Committees
Conference Committee Committees
formed when the two houses can’t agree on the details of a bill
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Powers of Congress: Expressed Powers
Expressed Powers Powers specifically stated in Article I of the
Constitution Examples
Decide how to raise money by setting taxes and borrowing funds
Decide how to spend money for the benefit of the nation Regulate commerce among states and foreign nations Declare war - Create an army/navy Coin money Regulate process of becoming a citizen Create post offices
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Powers of Congress: Implied Powers Implied Powers
Powers the Constitution gives Congress that are not listed in detail.
The Constitution gives Congress the power to “make all laws which shall be necessary and proper”.
This is known as the Elastic Clause. Collect taxes – members
don’t go collect taxes directly. Created the IRS.
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Powers of Congress: Special Powers
The Senate has four special powers: 1. Trials of impeachment are held in
Senate after the House impeaches an official
2. Senate chooses Vice President if no Vice Presidential candidate receives enough electoral votes.
3. Approve treaties with a 2/3 vote 4. Approve presidential appointments
Example - All federal judges/justices, diplomats/ambassadors, Department heads
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Powers of Congress: Special Powers
Unique Powers of the House of Representatives Impeach, or
formally accuse of wrong-doing, government officials – most importantly, the President.
Choose the President if there is no majority in the Electoral College
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Powers of Congress: Limits on Power
Writ of Habeas Corpus Right to know what
you are tried for. Congress can’t take away due process except during civil war or invasion.
Cannot show favoritism or give titles of nobility.
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Powers of Congress: Limits on Power No Ex Post Facto Laws
laws that make an act illegal, then allow the government to punish those who committed the act before it was made illegal.
No Bill of Attainder laws that provide for the
punishment of specific people or group of people without a trial.
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Passing a Bill: Introduction
Introduction of a Bill – a bill is a proposed law) Any member of
either house can introduce a bill
Ideas for bills come from the President, businessmen, farmers, and ordinary citizens.
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Passing a Bill: Introduction
Bills can be introduced in both houses. The only exception to this
rule is an Appropriations Bill, or one approving the spending of money, which must begin in the House of Representatives.
Process starts by a member sponsoring/introducing a bill (gives it to the clerk)
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Passing a Bill: Committees
Bill is sent to Committee The Bill is sent to a standing
committee. The subject of the bill determines which committee will receive the bill.
The committee can decide to: Make no changes to the bill Rewrite the bill Ignore the bill which
“kills” the chance of it becoming a law
Send it to a subcommittee for more study and investigation
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Passing a Bill: Committees
If a bill is sent to a subcommittee: The subcommittee then reports back to the
larger committee and decides what to do with the bill.
The larger committee then votes to send it to the floor to be debated
If the floor votes “no”, the bill is sent back to the committees. If it votes “yes”, it is sent to the other house of Congress.
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Passing a Bill
Once it is in the other house of Congress, it goes through the committee process again.
After the committee approves the bill, it will be debated and voted on. If the vote is “no”, the bill is sent back to
the committees. If the vote is “yes”, the bill is sent to a Conference Committee.
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Passing a Bill: Committees
Bill is sent to Committee The Bill is sent to a standing
committee. The subject of the bill determines which committee will receive the bill.
The committee can decide to: Make no changes to the
bill Rewrite the bill Ignore the bill which
“kills” the chance of it becoming a law
Send it to a subcommittee for more study and investigation
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Passing a Bill: Committees
If a bill is sent to a subcommittee: The subcommittee then reports back to the
larger committee and the Standing Committee decides what to do with the bill. If they accept it …
Bill is put on the calendar and it goes in front of the floor or entire house
The Bill is debated on between representatives. Speaker controls debate. Bill is voted on. If the floor votes “no”, the bill is sent back to the committees. If it votes “yes”, it is sent to the other house of Congress.
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On to the Senate…
1. Even if the bill is passed by the House it still must go into committee in the Senate.
2. Unlike the House, Senators in the Senate are not limited in how long they can debate a bill. The act of talking a bill to death is known as Filibuster.
3. The bill is then discussed amongst all Senators; again amendments can be proposed at this time. A vote in the Senate to end debate is known as Cloture.
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Passing a Bill
The Conference Committee resolves any differences between the House and Senate versions of the bill
The Bill is sent back to both houses for a final vote
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Passing a Bill
Approved bills are sent to the President who can sign the bill into law or veto it. If the President vetoes
the bill, it is sent back to the House and Senate where they can vote to override the veto with a 2/3 vote.
Finally the bill becomes a law
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