The Legislative BranchUnit 2 - Chapter 5, 6, & 7

US Capital Building –

Home to Congress

What is the Legislative Branch?

• Congress literally means – A formal gathering of people

• The legislative branch was created by Article I of the US Constitution.

Article I, Section I US Constitution• All legislative powers herein granted shall be

vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

• Article I is the longest of all the Articles

• The founding fathers created the Legislative Branch first – as the most important branch of government.

The Story of Congress

Congressional Sessions• Each term of Congress starts on

January 3rd of odd numbered years and lasts for two years.

• Each term of Congress has 2 sessions

• Sessions last until Congress votes to adjourn.

A session

is a meeting

Membership – House of Representatives• 435 members – the

larger of the two houses (this number changes depending on population)

• Each State is entitled to at least one seat in the House – no matter how small the population.

• Members must be at least 25 years old, citizens for at least 7 years, and residents of the states they represent.

• Members serve for 2-year terms

• The number of representatives is determined by census – every 10 years.

Membership – House of Representatives

House of Representatives

Membership - Senate

• According to the Constitution, the senate “shall be composed of two senators from each state.”

• Each state is represented equally

• Today’s Senate has 100 members, 2 from each of the 50 states.

Membership - Senate• Elections for senator are held in November

of even numbered years

• Senators must be at least 30 years old, citizens for at least 9 years, and residents of the states they represent.

• Senators serve for 6 year terms – 1/3 are elected every two years.

Senate

What are some of the major difference of the House of Representatives and the senate?

Congress – Member Privileges

• Currently members of Congress are paid $162,100 per year. (Speaker $212,000)

• Members also receive large allowances to pay for their office staff & assistants, trips home, telephones, and other business related expenses.

• All members are entitled to an income tax deduction to help cover the cost of owning two homes (one in their home state and one in Washington DC)

• Eligible for pensions of $150,000 per year for life

Congress – Member Privileges

• They also are given stationary, postage, use of a medical clinic, and a gymnasium.

• Members also have legal privileges, they cannot be sued for what they say on the house floor

• They cannot be arrested while in session or on their way to session unless the crime is a felony, treason, or breech of peace

Congress – Member Privileges

Members of Congress

• Congress is older, better educated, whiter, and richer than most of us.

• Great strides have been made to better represent the countries demographics.

• Can a man represent a woman?

• Can a white person adequately represent the views of a black person?

Members of Congress• Nearly half of the members of

congress are lawyers.

• White, middle-aged male members are increasingly joined by members reflecting ethnic, racial, and gender of the population

Assignment

Please Complete the section assessment on page 130 #’s 1 – 5

&

Page 131 Supreme Court Cases to Debate #’s 1 – 2 & you be the

judge

Assignment

• Please Complete the Chapter 5 Summary & Vocabulary Worksheet.

The House of Representatives at Work• The job of congress is to make

laws.

• Members attend House floor sessions to vote on legislation

• All laws begin as bills, then go to committee. If they are approved by committee they are placed on one of five calendars to be discussed on the House floor.

• The House Rules Committee receives all bills approved by the various committees of the house.

• The Rules Committee determines which bills will be considered by the full House and places them on the House Calendar.

• When the rules committee send bills to the floor, the House may sit as a Committee of the Whole (100 members) – If approved then the entire House can vote on the proposed bill.

The House of Representatives at Work

The Senate at work• The senate has fewer

rules than in the House. Senators have more freedom to express their views and are less subject to party discipline.

• The atmosphere in the Senate is more informal than in the House

KAY BAILEY

HUTCHINSON

John Cornyn

The Senate at work

• The Senate has only two calendars

• The Calendar of General Order – schedules bills to be considered

• The Executive Calendar – Schedules treaties and nominations

Purpose of Committees

• A committee is created to divide the workload among groups

• Committees allow members to specialize on key issues

• Committees allow members to discuss and select the most important bills Congress will consider

Committees

Kinds of Committees• Standing Committee – deals with

continuing issues from one congress to the next

• Subcommittees – handle special subcategories of the standing committees work

Kinds of Committees

• Select Committees – are created to study a specific issue

• Joint committees – allow members of both houses to act together as a study group

• Conference Committees – Temporarily set up to resolve issues in the house and senate versions of a bill.

Why does Congress use this system?

• Congress has a lot of work to sort through

• About 5000 – 6000 bills are introduced to Congress each year.

• Members vote about 600 times a year

• Committees allow the job of looking over all the information to happen – it saves time!!

Congressional Support Agencies• Library of Congress –

provides information requested by Congress, congressional staff, and committees.

• The Library of Congress is the world’s largest library.

• It has 18 million books, 71 million maps, recordings, photographs, and manuscripts.

• Congressional Budget Office

• Coordinates budget making, studies budget proposals.

• Estimates new program costs

• Tracks congressional spending

Congressional Support Agencies

• General Accounting Office

• Watchdog over congressional funds given to programs.

• Informs members about specific program costs.

Congressional Support Agencies

• Government Printing Office

• Prints the Congressional Record – a book of all congressional speeches and testimony

• Prints the Statistical Abstract of the United States – an annual publication

Congressional Support Agencies

Congressional Powers

• The “necessary and proper” clause of the Constitution enables Congress to expand its power

• Many people debate the elastic clause and many Supreme Court cases reflect the court rulings on the power of Congress

What do you think about the elastic clause…

Should the Constitution

have a loose or strict

interpretation?

• Powers are limited by the Bill of Rights and the Constitution

• Most important power is to levy taxes and appropriate money

• Has power to borrow money, coin money, and make laws regarding bankruptcy

Legislative Powers

• Has the power to regulate foreign and interstate commerce.

• Power in foreign policy – approve treaties, declare war, create and maintain an army and a navy.

Legislative Powers

Congress: War in the 20th Century

• In 1993 the Senate approved NAFTA (North American Free Trade Agreement) – ending trade barriers between Mexico, Canada, and the U.S.

• How does this exemplify Congressional Power?

Legislative Powers

• Naturalization of Citizens

• Admission of new states to the Union

• Grant copyrights and patents

• Power to establish federal courts and post offices

Legislative Powers

Non legislative Powers

• If no presidential candidate has a majority of the electoral votes the House of Representatives chooses the president from the top three candidates.

• If no VP has the electoral majority the Senate chooses the VP from the top two candidates

• Congress has the power to settle problems arising from the death of candidates or the presidents resignation.

• Has power to remove officials by impeachment (executive / judicial branch)

• The Senate may approve presidential appointments – approve treaties.

Non legislative Powers

The Power of the Legislative Branch

• Standing committees or select committees of Congress investigate the conduct and ethics of government officials & congress

• Investigations have consequences from new legislation to removing officials from office

• Investigations collect evidence and witnesses but are not a trial.

Congressional Investigation

Assignment

• Open Notes Quiz

• Worksheet Chapter 6 summary

Assignment

• Who’s Who in Congress Worksheet