Unit 3: Structure and Functions
of the Federal Government
Three branches compose the basic structure
of the federal government. Public policy is
created through the making of laws, the
execution of the laws and the adjudication
of disputes under the laws.
Content Statements
Law and public policy are created and
implemented by three branches of
government; each functions with its own
set of powers and responsibilities.
The political process creates a dynamic
interaction among the three branches of
government in addressing current issues.
Scenario
• 1. You are a representative of your class.
• 2. All representatives are in charge of making the
school calendar for next school year.
• 3. Fact: Year round school = students learn more,
test scores are higher, higher % go to college
• 4. Fact: Your constituents (those who you
represent) do NOT want year round school
• 5. Fact: You know year round school is best for all
students
• 6. Question: As a representative, would you try to
get the school calendar changed to include year
round school? Why or why not?
The Legislative Branch
The Legislative Branch
Section 1: Role of Congress
Legislative Branch—Make laws
• Federal: Congress (House of Representatives
and Senate) in Washington, D.C.
• State: Congress (House of Representatives
and Senate) in each state capitol
• Local: City Council, Township Trustees
3 Key Roles of Congress
Congress
1. Making
Laws
2. Overseeing
Agencies
3. Helping
Constituents
1. Making Laws--how do members
decide what laws to pass?
– Personal belief
– Constituents’ (the citizens the representative
represents) Interests
– Interest groups—a group of like-minded
individuals who band together to influence public
policy, public opinion, or governmental officials
– Political Party Loyalty
• *Congressmen must factor in these things
before deciding how to vote on a bill.
2. Overseeing Agencies
– Conduct investigations of agency actions and
programs
– Seen as the “neglected function”
– Congress would rather make programs that find
out if existing ones work
3. Helping Constituents—members of
Congress receive 200 million pieces of mail
each year
– Individual requests
• Giving their views
• Ask for assistance with gov services, like Social Security
– Detecting patterns
• If they get the same type of request or complaint,
Congressman will see there is a problem
– Handling requests
• Usually handled by congressional staffs
Legislative Branch
Section 2: Houses and Members of
Congress
Comparison of both houses of Congress
House of Representatives
Size
Terms
Qualifications
Salary and Benefits
Senate
Comparison of both houses of Congress
House of Representatives
Senate
Size
1. Set by Congress
2. Decided by Population of each state (10
year census)
3. Currently 435 members
1. Two from each state (100 total)
Terms
2 years
6 years
Qualifications
1. 25 years old
2. US citizen for at least 7 years
3. Legal resident of state they represent
1. 30 years old
2. US citizen for at least 9 years
3. Legal resident of state they
represent
Salary and Benefits
1.
2.
3.
4.
1. All the same as House of
Representatives
$174,000 salary
Office in congressional building
Send mail for free
General pensions, medical services, tax
deductions, free parking, free health club
memberships
5. Immunity—legal protection. Can’t be
arrested if it keeps them from performing
their job
Salary and benefit link
Congressional Districts for House of
Representatives
• After each census, Congress uses the new
population count to apportion the 435 seats
among the states
• States with population growth (West and
South) gain seats
• States that lose population (Northwest) lose
seats
• Each state will always have at least 1 rep
• State legislature sets the districts for each rep
Gerrymandering
• Districts are drawn for political
reasons to favor a political party
• *Refer to Mr. Williams drawing
on board for example
• Ohio Gerrymandering Map
Profile of Members of Congress
– Businesspeople or lawyers
– Most have college degree
– Most are over 40
– Minorities and women underrepresented, but
getting better
Legislative Branch
Section 3: Powers of Congress
Powers of Congress
1. Expressed
Powers
2. Special
Powers
3. Implied
Powers
1. Expressed Powers (written specifically
in the Constitution, Article I, Section 8)
– Lay and collect taxes, pay debts, and provide for the common
defense and general welfare of the US
– To borrow money
– Regulate foreign and interstate commerce
– Establish uniform rules for becoming a citizen
– Coining money
– Punish counterfeiters
– Make copyright and patent laws
– Est. national courts
– Punish piracy
– Declare war
– Raise and maintain army
– Call up a national militia
– Govern DC
– Make laws necessary to carry out above powers
2. Special Powers
– Impeaching officials
– Ratifying treaties
– Approving appointments
– Deciding elections
• If no majority of electoral votes in a presidential
election, each state votes for the winner (happened in
1801—Thomas Jefferson and 1825—John Quincy
Adams)
3. Implied Powers
– “Congress has the power to make all laws which
shall be necessary and proper for carrying into
execution the foregoing powers”—THE ELASTIC
CLAUSE
– Ex: Right to establish military academies
Limits on Powers of Congress
– Pass ex post facto laws—a law that applies to an action that
took place before the law was passed
– Pass bills of attainder—a law that punishes a person who
has not been convicted in a court of law
– Suspend the writ of habeas corpus—a court order requiring
police to bring all persons accused of a crime to court and
to show sufficient reason to keep them in jail
– Pass laws violating the Constitution
– Pass laws giving a state or group of states an unfair trade
advantage
– Grant titles of nobility
– Engage in spending that has not been authorized by law
United States Capitol Webpage
http://www.visitthecapitol.gov/