Ch. 10-12
Legislative Branch
Leg. Branch:
1. Representative Democracy
2. Translates public will into public policy
3. Bicameral-two houses
a. House of Representatives (Lower)
b. Senate (Upper)
4. Each term =2 yrs. (sessions =1 yr)
5. Only Pres. can call special session
**mtg to deal w/ emergency situation
Bicameral Legislature
3/24/2016
3
House of Representatives
3/24/2016
4
Reapportionment: divide up seats
Each state guaranteed at least 1 seat in Cong.
-Have only 1: Alaska, Delaware, Montana, N. &
S. Dakota, Vermont, Wyoming.
Reapportionment Act of 1929-Est. permanent size (435)
-Census Bureau determines # of seats for
states
-Submitted by Pres, approved by Cong.
-Wesberry v. Sanders (1964)-est. that districts
had to be as = as possible.
3/24/2016
5
3/24/2016
6
House of Representatives
435 Members (Congressmen/women)
No limit on amt of terms can serve
Formal Qualifications:
Must be 25 yrs old
Citizen of US for 7+ yrs
Must live in state representing
Elected to 2-yr terms.
Qualification for Legislative Branch
3/24/2016
8
Senate
3/24/2016
9
Senate
 100 Members (2 per state)
 6 yr terms (no limit)-less subject to public
opinion than House. Focus on “big picture”
 Continuous Body-1/3 of senators run for reelection at a time.
 Qualifications:
30+ yrs old
Citizen 9+ yrs
Must live in state representing
3/24/2016
10
Characteristics of Reps.
Majority are: mid-50 white male, married, two
children
60 % Protestant, 25 % Catholic, 8% Jewish
99% graduated from college
59 Women
39 Blacks
21 Hispanics
6 Asians
1 Indian
**Not a real representation of society
3/24/2016
11
3/24/2016
12
1. Committee Members
2. Represent Constituents
5 Roles of Congressmen
3. Legislators
4. Servants of Constituents
3/24/2016
5. Politicians
13
4 Theories of Voting for Reps
• Trustees-vote according to morals.
Conscience and judgment are guide.
• Delegates-vote way they believe
constituents would want them to vote.
• Partisans-vote according to party
platform
• Politicos-combine elements of first 3.
3/24/2016
14
Salary and Benefits
•
•
•
•
•
•
$165,200/yr
Special tax breaks
Travel allowances
Full medical coverage for self and family
Retirement-could make 150,000/yr
Provided w/ offices, and allowances for offices
in districts and salary to pay staffers.
• Mail w/out paying postage
• Two limits on Cong. Pay: 1)Pres. Veto, 2) voter
backlash.
3/24/2016
15
Did you get it???
The practical reason behind
Special sessions of Congress
establishing a bicameral
(a) are called by the
legislature was
President to deal with
(a) the necessity to find
some emergency
compromise between the
situation.
New Jersey and Virginia
(b) are called whenever a
plans.
senator filibusters.
(b) the need to mimic
(c) are never called.
existing British
(d) are used to handle the
institutions.
everyday business of
(c) a desire to break from all
Congress.
tradition.
(d)
requirements set by the
3/24/2016
16
British monarchy.
Did you get it???
Members of the
House of
Representatives
are elected for
(a) two-year terms.
(b) six-year terms.
(c) four-year
terms.
(d)
five-year terms.
3/24/2016
The Constitution requires a
member of Congress to
be
(a) an inhabitant of the
State from which he or
she is elected.
(b) a property-owning
male.
(c) a natural-born
citizen.
(d) at least 40 years of
17
age.
Did you get it???
Senators are elected
for
(a) two-year terms
(b) eight-year
terms
(c) four-year terms
(d) six-year terms
3/24/2016
The Senate is a continuous
body, meaning that
(a) Senators must
continually reside in
Washington, D.C.
(b) all of its seats are always
up for election every six
years.
(c) it never adjourns.
(d) not all of its seats are
never up for election at
one time.
18
Did you get it???
The franking privilege allows
Which of the following is a
members of Congress to
major role of members of
(a) purchase as many hot
Congress?
dogs as necessary
(a) law enforcement
while in office.
(b) researching court
(b) mail letters and other
cases
materials postage-free.
(c) serving in the
(c) vote on legislation.
military
(d) receive a pension
(d) servant of their
upon retirement from
constituents
Congress
3/24/2016
19
Congressional Powers
• Expressed-specific wording
• Implied-reasonable deduction (Necessary
and Proper Clause/Elastic Clause)
• Inherent-powers necessary for nat’l gov.
Strict Constructionists-Anti-Fed. feared strong
nat’l gov.
Liberal Constructionists-Fed.-Favored strong
central gov.
3/24/2016
20
Powers of Congress:
Pwr to tax:
Receives 2 trillion each yr-90% from taxes.
LimitsCan’t tax churches or non-profit
Tax for public purposes,
i.e. common uses.
Can’t tax exports
Direct taxes must be apportioned amg
states (i.e. Income Tax)
Indirect tax must be levied at same rate
everywhere (i.e. sin tax)
Borrowing Pwr
No consti. limit on amt of $
cong. may borrow or for
what purposes.
Commerce Pwr
Regulate interstate and foreign trade.
Supported by Gibbons v. Ogden (1824)
Limits:
Can’t tax exports
Can’t favor one port over another
Can’t tax state to state trade
Can’t tax the slave trade (eliminated)
Currency Pwr
Power to coin money and regulate
the value.
Legal Tender-any kind of $ that
creditor must by law accept as
payment for debts.
Bankruptcy Pwr
Est. laws for bankruptcy and tried in
federal crts.
War Pwrs
Only Cong. May declare war, pwr to
raise/support armies, and make rules
for governing military.
Only group that may make a treaty
Naturalization
Process of becoming a citizen
of another country.
Postal Pwr
Pwr to est. Post Offices
and post roads.
Copyrights and Patents
Copyright-exclusive right of author to
reproduce, publish, and sell his/her creative
work. Good for life of author plus 70 yrs.
Patent-grants person sole right
to manufacture, use, or sell
invention. Good for 20 yrs.
Weights and Measures
Pwr to fix standard of
weights and measures.
Est. English systempound, foot, mile, as
well as metric system.
Pwr over territories
Gov may acquire property by
purchase, gift, war, etc.
Cong controls territory.
Judicial Pwrs
Create all crts below
Supreme Crt, and
structure of federal
judiciary.
Define federal crimes and set
punishments for violators.
McCulloch v. Maryland
(1819)
Est. principle of “Elastic Clause”
and gave Cong. broader scope of
pwrs because allows for Implied
pwrs.
Amend Consti. w/ 2/3
vote in each house
Impeachment
House-only group that can impeach-bring
charges aga. Req. majority vote
Senate-sole pwr to try impeachment cases.
Req. 2/3 vote
17 Impeachments-7 convictions
2 Pres.-Andrew Johnson,
Bill Clinton (Both Acquited)
If no candidate receives maj.
vote, House decides who
b/co Pres.
Happened 2x-Thomas Jefferson,
John Adams.
Executive Pwrs.
1. Appointments-Appts made by Pres.
Are approved w/ Senate majority vote.
2. Treaties-Pres. May make treaties w/
advice and consent from Senate.
Investigatory Pwr
Pwr to investigate
1) to gather info on decision
2)Oversee operations of exe
branch
3) Focus public attention on subject
4) Expose activities of public official
5) Promote interests of members of
Cong.
Leadership Roles in Cong.
• Speaker of House -elected leader of the maj
party. Two duties- Preside, Must break a tie
vote. 2nd in succession to presidency.
• Pres. Of Senate- Vice-President. May ONLY
vote to break tie. Not present daily
• President pro tempore -leading member of maj
party. Handles day-2-day operations. 3rd in line
• Floor Leaders -elected by party as legislative
strategists (appt at caucus).
• Whips -assistant floor leaders (appt at caucus).
3/24/2016
40
Committees
19-House
17-Senate
4-Joint
Reps serve on 1-2 and Senators serve
on 3-4 committees
2 Types of Bills
Public-applies to nation as a whole
Private-apply to certain persons or
places.
How bill becomes law
• Intro in House/Senate
Goes to committees
*Standing, Sub, Full, Rules
Goes to floor-vote
If passed goes to Senate:
Goes to committees
Goes to floor-vote
Conference Committee
resolves diff b/w houses
Final vote-Passed
Send to Pres for approval
3/24/2016
*Senate has no rules
committee
43
Differences b/w House & Senate
• House
Debate time-no longer
than 60 min. unless
approved. Speaker can
end speech if off topic.
Voting:
1. Voice
2. Standing
3. Teller (electronic)
4. Roll-call (not really
used anymore-took too
long)
3/24/2016
• Senate:
Debate time- No time limit,
but you have to stand
and have to keep talking.
Voting:
Roll-call vote-doesn’t
take as long. Don’t use
electronic voting
machine.
44
4 Things Pres Can Do With Bill
1.
2.
3.
4.
Sign bill
May approve bill w/out signing it
Pocket veto
Veto
3/24/2016
45
Journal Entry
Write ¾ page identifying
one law that you agree
with and one you don’t.
Explain why for both
answers.
Fill-in The Gaps…
What are the 4 theories
of voting for representatives?
What are 4 things the
pres. can do w/ a bill?
How does a bill presented in
the house become a law?
What are 4 limits on the power to tax?
What are the 5 roles of Congressmen?
3/24/2016
47
List 10 powers the legislative branch possesses?