Chapter 5: The Legislative Branch
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CIVICS IN PRACTICE HOLT Chapter 5 The Legislative Branch Section 1: Section 2: Section 3: Section 4: ‹#› The Senate and the House of Representatives How Congress Is Organized The Powers of Congress How a Bill Becomes a Law HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 1: The Senate and the House of Representatives The Main Idea Congress is divided into two houses, the Senate and the House of Representatives, and its members have certain qualifications. Reading Focus What are the two houses of Congress? What are the qualifications, salaries, and rules of conduct for members of Congress? ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 1: The Senate and the House of Representatives Background Information Congress is bicameral Article I of US Constitution Historical—Parliament 2 chamber house settled conflict between NJ Plan and Virginia Plan (Connecticut Compromise) ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT The House of Representatives: Has 435 members Based on population (each state guaranteed 1) US Map of Congressional Districts / MO Map # set by Congress, not Constitution Reapportionment Act of 1929 US territories have 1 non-voting representative Census determines how seats are apportioned ‹#› Gerrymandering (Illinois) (NC) HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT The House of Representatives Cont… Each state has # of reps as it does districts Elected to 2 year term (no term limits) Vacancies filled by Governor of that state ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT US Senate 100 members 2 Senators from each state (50 x 2 = 100) 6 year term Staggered (33-34 senators elected every 2 years) Continuous body No term limits ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Qualifications House of Representatives 25 years old Be a US citizen for 7 years Be a legal resident of the state represented ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Qualifications Senate 30 years old Be a US citizen for 9 years Be a legal resident of the state represented ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Salary and Benefits $174,000 salary Leaders get paid more Offices in DC Allowance for staff, local offices Free trips home Stationary allowance Franking privilege (free mail) ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Salary and Benefits Continued Immunity while Congress is in session Parking spots at airports 2 gymnasiums, restaurant Health insurance Pension See the following sites for more information: http://usgovinfo.about.com/od/uscongress/a/congresspay.htm http://heller.house.gov/News/DocumentSingle.aspx?DocumentID=166596 ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 1: The Senate and the House of Representatives Rules of Conduct: Qualifications for a seat determined by vote of Congress Misconduct: May lead to expulsion with a 2/3 vote May lead to censure http://www.opencongress.org/wiki/Expulsion_and_censure ‹#› HOLT, RINEHART AND WINSTON SECTION 1 CIVICS IN PRACTICE HOLT Question: In what ways does Congress deal with misconduct by its members? Legislative Misconduct HOW Censure Expulsion ‹#› DESCRIPTION written reprimand removing a member from Congress HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 2: How Congress Is Organized The Main Idea Congress is organized in a way that allows its members to consider and pass legislation without each member having to do everything. Reading Focus What are the terms and sessions of Congress? How is Congress organized? ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 2: How Congress Is Organized Congressional Terms and Sessions Two sessions per term Sessions begin on January 3 each year Usually adjourn in August or September The president may call a special session when necessary. Joint Session ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 2: How Congress Is Organized Organization House of Representatives Presiding officer is the Speaker of the House Majority/Minority Leaders Party whips—persuade members to vote for legislation Caucuses 24 Committees ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 2: How Congress Is Organized Organization Senate Vice president is President of the Senate President pro tempore “For the time being” Majority/Minority floor leaders Majority/ Minority floor whips ‹#› Senate has 20 committees Chairperson HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 2: How Congress Is Organized Congressional Committees Study all bills before they are presented to Congress Members are nominated to committee assignments. Senators serve on at least two standing committees. Representatives serve on only two standing committees. Standing committee membership is proportionate to party majority in each house. Heads of Committee are now chosen by secret vote. ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Websites Congressional Leadership http://www.congress.org/congressorg/directory/leadership_list.tt http://www.senate.gov/pagelayout/senators/a_three_sections_with_teasers/leadership.htm http://www.house.gov/house/orgs_pub_hse_ldr_www.shtml Congressional Committees House http://www.house.gov/house/CommitteeWWW.shtml Senate http://www.senate.gov/pagelayout/committees/d_three_ sections_with_teasers/committees_home.htm ‹#› HOLT, RINEHART AND WINSTON SECTION 2 CIVICS IN PRACTICE HOLT Question: When does a session of Congress begin, and how long does it last? When Sessions Begin The first session begins January 3 in oddnumbered years following the congressional election in November. The second session begins January 3 of the following year. ‹#› How Long They Last Sessions last as long as Congress wishes. Adjournment dates are selected by Congress. HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 3: The Powers of Congress The Main Idea The Constitution both defines and limits the powers of Congress. Reading Focus What types of powers are granted to Congress? What are some of the limits on the powers of Congress? ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 3: The Powers of Congress Delegated Powers Powers specifically listed in Constitution Raise and collect taxes Borrow Money Print and coin money Regulate trade w/foreign countries and among the states ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Delegated Powers Cont… Declare war and maintain armed forces Set up a national court system Regulate immigration / naturalization Govern territories Provide for the admission of new states ‹#› http://pmc.princeton.edu/powersofcongress.php HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Implied powers Necessary and proper clause (Art. 1 Sec. 8) “Power to make all laws necessary and proper…” AKA “Elastic Clause” Allows Congress to “stretch” its delegated powers McCulloch v. Maryland (1819) Ex: Military academies, Federal Reserve Act ‹#› http://www.shmoop.com/legislative-branch/implied-powers-of-congress.html HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Impeachment Powers Impeach House votes to impeach federal official Senate tries official Treason ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 3: The Powers of Congress The special powers of Congress: House initiates bills to raise money elects president when no candidate receives sufficient electoral votes Starts impeachment process ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT The special powers of Congress: Senate Holds impeachment trials Selects vice president when no candidate has sufficient electoral votes Approves treaties Approves high officials House is more active while Senate is more cautious ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 3: The Powers of Congress Congress is forbidden to: (p. 146) Pass ex post facto laws Pass bills of attainder Suspend writ of habeas corpus Tax exports Pass laws violating the Bill of Rights Favor one state over another state Grant titles of nobility Withdraw money without a law ‹#› HOLT, RINEHART AND WINSTON SECTION 3 CIVICS IN PRACTICE HOLT Question: What are the five major areas in which Congress has the power to make laws? financing government defending the country Congressiona l Powers providing for growth enforcing laws regulating and encouraging U.S. trade and industry ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 4: How a Bill Becomes a Law The Main Idea To become a law, a bill goes through a multistage process involving both houses of Congress. Reading Focus How does a bill begin? How do the House and the Senate consider a bill? In what ways can the president act on the bill? ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT How a bill begins A bill is a… Can be introduced in either house Except appropriation bills A law was first a bill ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 4: How a Bill Becomes a Law Sources of legislation: U.S. citizens—constituents making requests of their congress ‹#› members Organized groups—businesspeople and labor groups seeking to protect their interests Committees of Congress—investigating committees determine needs for new laws Members of Congress—experts in certain fields propose new laws The president—often introduces ideas for laws in the State of the Union Address HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 4: How a Bill Becomes a Law Bills introduced in House (p. 151) Are read and placed in the Congressional Record. Given a title and number Are sent to a standing committee to be studied. Committee recommends changes, approves Placed on the calendar for debate Speaker of the House decision House rules committee sets guidelines for debate Time, amendments Quorum needed for vote ‹#› Vote taken HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 4: How a Bill Becomes a Law Bills introduced in Senate (p. 151) Same as H of R action Debate Filibuster Cloture Bill sent to President House and Senate bills MUST be identical If not, sent to “Conference Committee” where members of both houses iron out differences and send it back to each house for final vote ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 4: How a Bill Becomes a Law President Acts on Bill Can do 3 things: sign the bill and declare it a law veto the bill and send it back to Congress hold the bill for 10 days Becomes a law if Congress in session “Pocket Veto” ‹#› HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Section 4: How a Bill Becomes a Law Overriding a Veto Requires 2/3 vote in each house Veto threat influences Congress http://clerk.house.gov/art_history/house_history/vetoes.html ‹#› http://www.senate.gov/reference/reference_index_subjects/Vetoes_vrd.htm HOLT, RINEHART AND WINSTON SECTION 4 CIVICS IN PRACTICE HOLT Question: What actions can the president take regarding a passed bill? If Congress is in session, the SIGNS THE BILL BILL BECOMES LAW, and it becomes law The president The president ACTS on a Bill KEEPS the BILL for 10 DAYS without signing or vetoing it: REFUSES TO SIGN and sends back to Congress with rejection reasons – called a VETO. ‹#› even without a signature. If Congress is not in session, the bill is killed by POCKET VETO. HOLT, RINEHART AND WINSTON CIVICS IN PRACTICE HOLT Chapter 5 Wrap-Up 1. Why did the framers of the Constitution create a bicameral national legislature? 2. What two methods does Congress have to deal with misconduct by its members? 3. Who leads the houses of Congress, and how are these leaders chosen? 4. Why is most of the work of Congress done through committees? 5. What special powers does each house of Congress have? 6. How do bills become laws? 7. What can the president do with a bill passed by Congress? ‹#› HOLT, RINEHART AND WINSTON
