The Legislative Branch
Legislative Branch Review
1. Function:
Make the Laws
2. Congressional Joint Powers
A. Levy and collect taxes
Where are these
B. Raise and maintain military
Legislative powers found
C. Grant statehood
In the Constitution?
D. Control national lands
E. Regulate interstate trade
F. Naturalize citizens
G. Declare war
H. Control making of currency
Legislative Branch
House of Representatives
1. Qualifications
A. 25 years old
B. U.S. Citizen for 7 years
C. Resident of state elected
2. Method of Selection – Election by the people
3. Term of Office – 2 years
4. Members per State – Based on population – 435 total
5. Powers reserved for the House only
A. Originates money bills (taxes)
B. Begins impeachment process
C. Elects President if Electoral College fails to do so
1. Which state has the
most members in the
House of
Representatives?
2. Why does that state
have more than all the
others?
3. What is the minimum
number of
representatives a state
may have?
4. What is used to decide
how many seats a state
gets in the House?
Legislative Branch
Senate
1. Qualifications
a. 30 Years Old
b. American citizen for 9 years
c. Resident of state elected
2. Method of Selection – Election by the people
3. Term of office – 6 years
4. Members per state – 2
5. Powers reserved for Senate only
a. Confirm Presidential appointments
b. Approve/reject treaties
c. Jury for impeachment trial
The U.S. Congress in Brief
• Bicameral
• Senate
– 100 members
– Six years
– More prestigious
• House
– 435
– 2 years
– Reapportioned after each census
Legislative Branch
• Begins January 3 of every odd-numbered year
• Numbered Consecutively (07-09 = 110th)
• Adjournment = end of term (both houses
must agree)
• Two sessions per term/ periodic recesses
The Senate
Presiding Officer
Minority Leader
Majority Leader
GOP Policy
Committee
Democrat
Steering Comm.
Appropriations
Minority Whip
Republican Conference
Other Standing
Committees
Democrat
Policy Committee
Finance
Majority Whip
Democrat Conference
House of
Representatives
Speaker
Majority Leader
Republican
Policy
Committee
Minority Leader
Committee on
Rules
National
Republican
Congressional
Committee
Committee on
Appropriations
Majority
Whip
Republican Conference
Democrat
Policy
Committee
Democrat
Steering
Committee
Committee on
Ways and Means
Other Standing
Committees
Minority
Whip
Democrat Caucus
Legislative Branch
• Speaker of the
House
– Presiding officer of
the House
– Job: acknowledges
speakers, signs bills,
appoints committees,
calls a vote.
Who is the current
speaker of the House?
Legislative Branch
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Bicameralism = Two houses
A. House of Reps = closer to people
• Elected by the people
• Smaller districts
• 2 year term
• Entire body elected every 2 years
• Revenue bills must originate in the house
Legislative Branch
• House minority leader
The Minority Leader of the
United States House of
Representatives serves as
floor leader of the opposition
party, and is the
minority counterpart to the
Majority Leader.
•The Minority Leader is also
the actual head of his or her
party in the House
The current House
minority leader is Nancy
Pelosi. Why does she
have the title “minority
leader?”
Majority and Minority Whips
A whip in the House of Representatives manages
their party's legislative program on the House floor.
The Whip keeps track of all legislation and ensures
that all party members are present when important
measures are to be voted upon
The House of Representatives uses the
terms "Republican Whip" or "Democratic Whip"
depending on which Party is the majority or minority.
Legislative Branch
• President of the Senate
– V.P.
– Less power than Senators
– Presiding officer but may not speak or debate
• President pro tempore
– Resides in V.P.’s absence
– Elected by the Senate
– Majority Party
– Currently: Daniel Inouye
Office
Officer
State
Since
Senate Majority Leader
Democratic Conference Chairman
Harry Reid
Nevada
2007
Senate Majority Whip
Richard Durbin
Illinois
2007
Vice-Chairman of the Democratic
Conference
Chuck Schumer
New York
2007
Democratic Policy Committee Chairman
Byron Dorgan
North
Dakota
1999
Democratic Conference Secretary
Patty Murray
Washington
2007
Democratic Campaign Committee
Chairman
Robert
Menendez
New Jersey
2009
Office
Officer
State
Since
Senate Minority Leader
Mitch
McConnell
Kentucky
2007
Senate Minority Whip
Jon Kyl
Arizona
2007
Republican Conference Chairman
Lamar
Alexander
Tennessee
2007
Republican Policy Committee Chairman
John Thune
South
Dakota
2009
Republican Conference Secretary
Lisa Murkowski
Alaska
2009
Republican Campaign Committee
Chairman
John Cornyn
Texas
2009
Legislative Branch
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Majority Leader- Harry Reid
True leader in Senate
Recognized first for all
debates
Leads majority party
Influences committee
assignments
Influences agenda
Minority leader
McConnell)
with
(Mitch
Legislative Branch
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Bicameralism = Two houses
Senate designed to be removed from the
people
• Originally elected by state legislatures
• Elected on an at large basis
• 6 year terms
• 1/3 up for election every 2 years = more
continuity and stability
Political Party Breakdown
DemocratRepublicanIndependent-
Can you tell what the
diagrams are representing?
(House or Senate)
Legislative Branch
• Compensation
• Members set own salary
(27th amendment =raise takes
effect next term)
• Perks: travel allowance, staff,
office space,
franking privilege, insurance
• Legislative immunity: A law
that protects legislators from
liability in a civil lawsuit for
duties that they performed
within their office's
jurisdiction
•Cannot be arrested or
detained while going to
or from a session of
Congress
Officers of the Legislative Branch
• Floor leaders:
– majority and minority in the House and Senate
– Legislative strategists
• Committee Chairmen
– Heads of standing committees
– Chosen by majority
– Usually by seniority rule
Committees in Congress
• Standing committee: permanent groups which
all similar bills could be sent. (Ex. Budget
committee)
• Select committee- a special group set up for a
specific purpose for a limited time. (ex. Senate
Watergate Committee)
• Joint Committees- members from both
houses.
Committees in Congress
• Informal groupings- Black caucus, democratic
study group, House Republican study group,
pro-Life caucus, etc.
• Conference Committee- temporary joint body
to iron out different versions of a measure
How does a bill become law
• Bills- proposed laws, or drafts of laws
presented to the House or Senate for
enactment.
• Two types:
– Public- measure applying to the nation as a whole(tax bills)
– Private-only apply to certain persons or places
rather than to the nation generally.
Number of Women in U.S. Congress
90
80
70
60
50
40
30
20
10
0
1917 1927 1937 1947 1957 1967 1977 1987 1997 1998 1999 2011
How a Bill Becomes a Law
The Journey of a Bill
Introduction of the Bill
• The bill can come from a
variety of sources:
• Individual citizens,
• Special interest groups
• Corporations,
• Non-governmental
organizations (NGOs)
• Only a member of Congress
can introduce the bill
• A bill can start in either
House.
The Bill is Assigned to Committee
• Each House has standing
committees that
consider their bills.
• Each committee has a
chair (from the Majority)
and a ranking member
(from the minority).
• They “mark-up” (edit)
the bill so it will pass on
the floor.
• They can “pigeonhole”
or kill the bill in
committee.
• The bill must also pass
through the House Rules
Committee.
The Bill is Reported To the Floor
• If the bill is passed by the
committee, it is sent to
the whole House for
debate and vote.
• The committee has
“reported the bill
favorably to the floor.”
• The Speaker determines
which bills are discussed
and for how long.
• Committee chairs and
ranking members give
out time to debate to
other members.
The Bill is Debated and Voted in the House
• Bills can be considered by
the whole House at once:
called “Committee of the
Whole”
• Votes are done
electronically in the House,
a role call vote.
• A board on the wall shows
the tally. Red = oppose.
Green = Agree
Yellow = Abstain
• Votes can be taken by
voice “yeas and nays” or a
“teller vote” where
members file past the
sergeant at arms.
The Bill Goes to the Senate
• The bill is sent to the US
Senate. A Senate version
is written with the letter S.
and a number. House bills
have HR.
• As in the House, the bill
must be referred to the
appropriate standing
committee.
• Committees hold hearings
and make changes to the
bill.
• The committee can
‘report” the bill to the
Senate floor.
The Bill is Debated and Voted On in the Senate
• The Senate Majority Leader
determines which bills are
scheduled, when and for
how long.
• As in the House, the bill
must be referred to the
appropriate standing
committee.
• Debate in the Senate is
unlimited. Filibusters can be
used by the minority to
block bills.
• 3/5 (60) of the Senate must
agree to end debate (this is
called “cloture”)
• The Senate Rules committee
is much weaker than the
House’s.
Both Houses Must Pass the Bill
• A simple majority in
both houses is needed
to pass the bill (51%).
• In the House: 218
needed to control the
House.
• In the Senate: 51
senators needed to
pass the bill (and
control the Senate).
Differences Between Houses Must Be Reconciled
• Each house passes its own bill.
• Any differences must be ironed
out and made into one bill.
• The bill is considered by a
conference committee, made up
of both House and Senate
members.
• They negotiate and compromise
and send the combined bill back
to both houses.
• A vote on the “conference
report” must be taken and
passed by both Houses.
The Bill is Sent to the President
• The president can sign the bill if
he wants it to become law.
• He can include “signing
statements” that say how the
law should be enforced or if
parts will not be enforced.
• The president can veto or reject
the bill. He must include his
reasons and recommendations
for correction.
• The president can choose not
to act on the bill. If Congress is
in session, the bill becomes law
after 10 days.
• If Congress is not in session, the
bill dies after 10 days. This is
called a “pocket veto.”
The Bill Becomes Law
• If the president vetoes
the bill, both Houses
can reconsider the bill.
• Two-thirds (67%) of
both Houses are needed
to override the
President’s veto.
• In the House: 369
needed for override.
Senate: 67.
• If president signs the
bill, it is a federal law
that each state must
follow.
How does a bill become law
• Filibuster: an attempt to “talk a bill to death.” in the
Senate.
• Record:
Democrat
Senator
Strom Thurmond:
held the floor for 24 hours
in an
attempt to kill the
Civil Rights Act
of 1957.
What is a filibuster proof Senate?
Which part of Congress has 100 members, two
from each state?
The U.S. Congress is a bicameral legislature. What does
the word bicameral mean?
Which part of Congress has 435 members, with the number
from each state proportional to the state's population?
Name two powers the legislative branch has over the judicial
branch.
Name two powers the legislative branch has over the
executive branch.
Some terms to know and apply
Senator
Representative
Filibuster
Term
Session
Bicameral
Unicameral
Committee
Majority
Minority
Whip
Immunity
Debate