Legislative BranchLegislative Branch

By By

Sean ShtofmanSean Shtofman

CongressCongress

This presentation about the This presentation about the U.S. Congress has three main U.S. Congress has three main topics: topics:

1.1. The Sections of CongressThe Sections of Congress

2.2. The Powers of CongressThe Powers of Congress

3.3. How Congress WorksHow Congress Works

Sections of CongressSections of Congress The National CongressThe National Congress

House of House of

Representatives Representatives

SenateSenate

The National CongressThe National Congress The Legislative Branch, or The Legislative Branch, or

Congress, is also known as the Congress, is also known as the “Law-Making Branch”.“Law-Making Branch”.

This Branch is made up of This Branch is made up of people who create laws and people who create laws and make sure that they coincide make sure that they coincide with the rights of the people.with the rights of the people.

BicameralismBicameralism The United States Congress is The United States Congress is

bicameral, which means that it bicameral, which means that it consists of two houses, the House consists of two houses, the House of Representatives and the Senate.of Representatives and the Senate.

The Senate is set up to reflect the The Senate is set up to reflect the importance of the states, and the importance of the states, and the House reflects the different House reflects the different populations of each state.populations of each state.

Terms of CongressTerms of Congress Each term of Congress lasts for two years Each term of Congress lasts for two years

and each term is numbered consecutively. and each term is numbered consecutively. Currently we are in the 110Currently we are in the 110thth Congress. Congress.

There are two sessions in each term of There are two sessions in each term of Congress, one per year. Congress, one per year.

Congress can also meet in special Congress can also meet in special sessions; that is, meetings called by the sessions; that is, meetings called by the President in order to discuss pressing President in order to discuss pressing issues.issues.

House of RepresentativesHouse of Representatives The total number of seats in the The total number of seats in the

House is apportioned and House is apportioned and distributed among the States distributed among the States based on their populations. This based on their populations. This is re-assessed after each is re-assessed after each decennial census.decennial census.

The number of members has held The number of members has held constant at 435 since 1929 due constant at 435 since 1929 due to the Reapportionment Act.to the Reapportionment Act.

House of Reps. Cont…House of Reps. Cont… The Reapportionment Act was a The Reapportionment Act was a

combined census and combined census and reapportionment bill passed by reapportionment bill passed by the United States Congress the United States Congress which established a permanent which established a permanent method for apportioning U.S. method for apportioning U.S. House of Representatives seats House of Representatives seats according to each census. according to each census.

The House continued…The House continued…

Following each census, the Following each census, the Census Bureau is to determine Census Bureau is to determine the number of seats each state the number of seats each state should have.should have.

Mo’ HouseMo’ House

When the Bureau’s Plan is When the Bureau’s Plan is ready, the President sends the ready, the President sends the census document to Congress.census document to Congress.

Within sixty days of receiving it, Within sixty days of receiving it, the House can reject the plan, the House can reject the plan, but if they do not, it becomes but if they do not, it becomes effective immediately.effective immediately.

Congressional ElectionsCongressional Elections

The Congressional elections The Congressional elections are held on the same day in are held on the same day in every state except for Alaska, every state except for Alaska, which may hold them in which may hold them in October.October.

These elections are held every These elections are held every two years between presidential two years between presidential elections. elections.

Congressional ElectionsCongressional Elections

The 435 members of the House The 435 members of the House are chosen by the voters of 435 are chosen by the voters of 435 different congressional districts.different congressional districts.

Congress allows each state to Congress allows each state to decide whether to elect its decide whether to elect its members by a general ticket members by a general ticket system or on a single member system or on a single member district basis.district basis.

Congressional Elections Congressional Elections Cont..Cont..

Single-member districts are where Single-member districts are where the voters in each district elect one the voters in each district elect one of the state’s representatives from of the state’s representatives from among a field of candidates running among a field of candidates running for the seat in the House for their for the seat in the House for their district. At this point all districts are district. At this point all districts are single-member districts.single-member districts.

GerrymanderingGerrymandering

Gerrymandering is the Gerrymandering is the drawing of electoral district drawing of electoral district lines to the advantage of a lines to the advantage of a party or group.party or group.

Wesberry v. SandersWesberry v. Sanders This was a case involving This was a case involving

Congressional districts in the state of Congressional districts in the state of Georgia, brought before the Supreme Georgia, brought before the Supreme Court of the United States. The Court Court of the United States. The Court issued a ruling on February 17, 1964 issued a ruling on February 17, 1964 that districts have to be approximately that districts have to be approximately equal in population, roughly geometric equal in population, roughly geometric in shape, and must reflect the diversity in shape, and must reflect the diversity of the state’s population.of the state’s population.

Only the diversity part has been Only the diversity part has been enforcedenforced..

• They must be twenty-five years They must be twenty-five years old.old.

• They have to have been a U.S. They have to have been a U.S. citizen for at least seven years.citizen for at least seven years.

• They have to live in the state They have to live in the state from which they are elected.from which they are elected.

Qualifications for a House Qualifications for a House MemberMember

The SenateThe Senate The Senate is made up of two The Senate is made up of two

Senators from each state.Senators from each state. The Senators are voted for by the The Senators are voted for by the

people of the state during the people of the state during the November elections every even-November elections every even-numbered year.numbered year.

They serve six year terms and They serve six year terms and may be re-elected to any number may be re-elected to any number of terms.of terms.

•They must be at least thirty years They must be at least thirty years old.old.

•They must have been a citizen of They must have been a citizen of the U.S. for nine years.the U.S. for nine years.

•They must live in the state from They must live in the state from which they are elected.which they are elected.

Qualifications for SenatorsQualifications for Senators

Members of CongressMembers of Congress The average member in the Senate The average member in the Senate

is a white male in his mid fifties.is a white male in his mid fifties. In the House, the average age is just In the House, the average age is just

over 52 with the same criteria as over 52 with the same criteria as above.above.

There are more women now, who are There are more women now, who are starting to become more known in starting to become more known in Congress.Congress.

The Jobs and ResponsibilitiesThe Jobs and Responsibilities Members of Congress have five Members of Congress have five

major jobs. They can think of major jobs. They can think of themselves as:themselves as:

1.1. LegislatorsLegislators

2.2. Committee MembersCommittee Members

3.3. Reps. for theirs states or districtsReps. for theirs states or districts

4.4. Servants of their constituentsServants of their constituents

5.5. PoliticiansPoliticians

Really, they are all of these things.Really, they are all of these things.

The “Con” in CongressmenThe “Con” in Congressmen

Congressmen have the power to set Congressmen have the power to set the pay for members, albeit the 27the pay for members, albeit the 27thth Amendment restricts pay increases. Amendment restricts pay increases.

Each member also receives a Each member also receives a number of fringe benefits.number of fringe benefits.

Arguably, the most important fringe Arguably, the most important fringe benefit is the allowance for a staff, benefit is the allowance for a staff, amounting to several times one’s amounting to several times one’s actual pay. A generous pension is actual pay. A generous pension is also provided.also provided.

More Congressmen, More “Cons”More Congressmen, More “Cons” Fringe benefits also include cars, medical Fringe benefits also include cars, medical

insurance paid for by the taxpayer, and insurance paid for by the taxpayer, and cheap or free loans. cheap or free loans.

Some fringe benefits will not be taxed for Some fringe benefits will not be taxed for members of Congress.members of Congress.

Then there are those speeches, books and Then there are those speeches, books and appearances for which lobbyists pay appearances for which lobbyists pay handsomely.handsomely.

Restrictions exist on what lobbyists can Restrictions exist on what lobbyists can contribute, but even if they’re not totally contribute, but even if they’re not totally ignored, the law is often bent.ignored, the law is often bent.

Powers of CongressPowers of Congress

There are three major types There are three major types of Congressional powers.of Congressional powers.

1.1. Expressed powersExpressed powers

2.2. Implied powersImplied powers

3.3. Non-legislative PowersNon-legislative Powers

Expressed PowersExpressed Powers These include the power to tax.These include the power to tax. There are two types of taxes. There are two types of taxes.

Congress can impose either one:Congress can impose either one: Direct TaxDirect Tax- A tax that must be paid by the - A tax that must be paid by the

person on whom it is enforced, like on person on whom it is enforced, like on ownership of a building.ownership of a building.

Indirect TaxIndirect Tax- A tax levied on one party - A tax levied on one party but passed to another for payment, like but passed to another for payment, like when you are renting and the landlord when you are renting and the landlord includes his real estate tax in your rent.includes his real estate tax in your rent.

The BorrowersThe Borrowers

Congress has the ability to Congress has the ability to borrow money on the credit of borrow money on the credit of The United States of America.The United States of America.

CommerceCommerce

The Commerce Power is the The Commerce Power is the power of Congress to regulate power of Congress to regulate interstate and foreign trade.interstate and foreign trade.

The Currency Power is the The Currency Power is the ability for Congress to coin ability for Congress to coin money and regulate the value money and regulate the value of it.of it.

BankruptcyBankruptcy

Congress has the power to Congress has the power to release a person or release a person or corporation from any unpaid corporation from any unpaid debts if they feel it is debts if they feel it is necessary, as long as the necessary, as long as the bankruptcy court agrees.bankruptcy court agrees.

Foreign Relations and War Foreign Relations and War PowersPowers

Congress has the inherent Congress has the inherent power to act on matters power to act on matters affecting the security of the affecting the security of the nation.nation.

War Powers- Congress has War Powers- Congress has the the sole sole ability to declare ability to declare war.war.

War PowersWar Powers If the President starts something If the President starts something

on his own, The War Powers Act on his own, The War Powers Act requires him to get Congress’ requires him to get Congress’ approval within 60 days (in some approval within 60 days (in some cases, 90 days).cases, 90 days).

Congress also has the ability to Congress also has the ability to raise and support armies, provide raise and support armies, provide and maintain a navy, and to call and maintain a navy, and to call forth a militia.forth a militia.

Implied PowersImplied Powers The Necessary and Proper Clause The Necessary and Proper Clause

is the part of the Constitution that is the part of the Constitution that gives Congress the power to gives Congress the power to make all laws, “necessary and make all laws, “necessary and proper” for executing its proper” for executing its expressed powers. This is also, for expressed powers. This is also, for obvious reasons, often called the obvious reasons, often called the “Elastic Clause”.“Elastic Clause”.

Non-Legislative PowersNon-Legislative Powers Congress may propose an Congress may propose an

amendment to the Constitution by a amendment to the Constitution by a two-thirds vote in each house.two-thirds vote in each house.

Congress also has the ability to Congress also has the ability to impeach, not just the President but impeach, not just the President but judges as well.judges as well.

Congress has two executive powers: Congress has two executive powers:

1.1. Confirm appointments.Confirm appointments.

2.2. Ratify treaties made by the Ratify treaties made by the President.President.

How Congress WorksHow Congress WorksMajor Players In CongressMajor Players In Congress

Speaker of The House of Speaker of The House of RepresentativesRepresentatives

President of the Senate President of the Senate President President Pro Tempore Pro Tempore (in absence of (in absence of

The President of the Senate)The President of the Senate) Committee ChairmenCommittee Chairmen Majority and Minority leaders and Majority and Minority leaders and

Whips.Whips.

Floor Leaders and Party OfficersFloor Leaders and Party Officers

Floor Leaders are members of the House Floor Leaders are members of the House and Senate picked to carry out party and Senate picked to carry out party decisions and steer legislative action to decisions and steer legislative action to meet party goals.meet party goals.

Whips are assistants to the floor leaders, Whips are assistants to the floor leaders, responsible for monitoring and responsible for monitoring and marshalling votes.marshalling votes.

The party caucus is a meeting of party The party caucus is a meeting of party leaders or members to conduct business.leaders or members to conduct business.

Committee Chairmen Committee Chairmen They are the members who head They are the members who head

the standing committees in the standing committees in Congress.Congress.

Rank plays a big role in Congress.Rank plays a big role in Congress.

They go by the seniority rule.They go by the seniority rule.

Committees in CongressCommittees in Congress

There are four main types of There are four main types of committees in Congress:committees in Congress:

1.1. Standing CommitteesStanding Committees

2.2. Select CommitteesSelect Committees

3.3. Joint CommitteesJoint Committees

4.4. Conference CommitteesConference Committees

Standing CommitteeStanding Committee

The Standing Committee is a The Standing Committee is a permanent committee in permanent committee in Congress to which bills are Congress to which bills are referred.referred.

Select CommitteeSelect Committee

The Select Committee is a The Select Committee is a legislative committee created for legislative committee created for a limited time and for specific a limited time and for specific purposes.purposes.

Joint CommitteeJoint Committee

A Joint Committee is the A Joint Committee is the committee formed when a committee formed when a legislative measure must be legislative measure must be passed by both houses and passed by both houses and approved by the chief executive approved by the chief executive to become effective.to become effective.

Conference CommitteeConference Committee

A Conference Committee is a A Conference Committee is a temporary joint committee temporary joint committee created to reconcile any created to reconcile any differences between the two differences between the two houses’ versions of a bill.houses’ versions of a bill.

Don’t Watch the CookDon’t Watch the Cook(Just Eat the Food)(Just Eat the Food)

As you know, the process As you know, the process of passing a bill is of passing a bill is complicated. I’ll end with a complicated. I’ll end with a chart that may help you chart that may help you understand it.understand it.

President