Everything you need to know
about the Legislative Branch
Requirements and Duties
Legislative Branch=Congress
• House of Representatives:
– 435 members
– Bigger states (by population) = more
representatives
– Each Rep. elected for 2 years
– So, every representative runs for reelection
every 2 years
Re-elect me in 2012 and 2014 and..
2016..and 2018
Congress= House of Reps +
Senate
• House of Reps Requirements
– 25 years old
– Live in the state they wish to be elected
from
– Citizen of the US for 7 years
Legislative Branch=Congress
• Senate:
– 100 members
– 2 from each state
– MA: Senator John Kerry (Democrat) and Scott
Brown (Republican)
– 6 year term
– So, every two years, 1/3 of the Senate runs for
re-election.
Elected 2008
Elected 2006
Running for
reelection in
2012
Elected 2010
Senate Requirements
• Senate:
– Must be 30 years old
– Citizen of US for 9 years
– Be from that state
Senator Kerry- up for
reelection in 2014
Senator Brown- Up for reelection in 2012
Issues to ponder
• Why didn’t the founders
make more requirements
for such important jobs?
• Why did they make the
age/citizenship
requirements higher for
the Senate?
• How would the nation be
different if there were
more requirements?
The big job is making laws
• Both House of
Representatives and
Senate can propose
laws
• A proposed law is
called a bill
• Proposals must be
passed in both the
Senate and House
before going to
President
What power does Congress have?
What types of laws can Congress
suggest?
• Article I, Section 8 gives the best summary of
the powers:
– To provide for general welfare
– To borrow money
– To make rules about Commerce (trade) with
foreign Nations, and among the several States,
and with the Indian Tribes;
– To establish a rules for citizenship
– To make laws on the subject of Bankruptcies
throughout the United States;
– To coin Money
What power does Congress have?
What types of laws can Congress
suggest?
• To promote the Progress of Science and useful Arts,
by allowing for patents
• To create Post Offices
• To create courts other than the Supreme Court
• To define and punish Piracies and Crimes committed
on the high Seas
• To declare War
What power does Congress have?
What types of laws can Congress
suggest?
•
•
•
•
To raise and support Armies, but money given for
military use can only be used two years at a time
To provide and maintain a Navy
To call forth the Militia to carry out the Laws of the
US, to put down rebellions and r Invasions;
To set the rules for whatever District as may
become the home of the Government of the United
States (Washington D.C.)
Can Congress make laws about
issues/ powers not specifically
mentioned in the Constitution?
• Can Congress set rules…
• about telephone or
internet companies?
• about health insurance?
• setting up Military
Academies such as West
Point to train members of
the military?
• requiring a minimum
wage?
Answer: Yes (on most)
• Last Sentence of Article I, Section 8 is called the
“necessary and proper clause”
• Also called “Elastic Clause”---Why?
• “Congress shall make any laws necessary and proper to carry
out the powers described above”
• What it means, part I: If Congress says a law is needed to help
them do their job (like “raise and support armies”), it can propose
that law EVEN if that power/item is not listed in Constitution.
• EX: Military academies help the armies be ready
Answer: Yes (on most)
• Last Sentence of Article I, Section 8 is called the
“necessary and proper clause”
• Also called “Elastic Clause”---Why?
• “Congress shall make any laws necessary and proper to carry
out the powers described above”
•
What it means, part II: If Congress can say a power/law they are
seeking is basically the same as/ modern version of power listed,
they can have it
• EX: Creating rules for internet and phone usages is really about
communication…same way that post office was in 1700s.
What are pros and cons of
Elastic Clause?
Like Congress, I have
the power to stretch the
Constitution to fit new
situations.
Ouch…maybe
He has too
much power?
Do Senate and House have exact
same jobs?
• 90% same, but each has a few unique powers
• Proposals about budget spending must start in
the House of Representatives
• Senators have the power to accept or reject
Treaties the President has negotiated
• Senators accept/reject candidates President
chooses to be on Supreme Court, cabinet, or
ambassadors.
Do Senate and House have exact
same jobs?
Impeachment: Accusing an elected official with a
“high crimes ( major law break)
House gets to decide whether to impeach an
official (formally charge him/her with the law
breaking)
Senate is the jury when someone is impeached
If someone is found guilty, they are kicked out of
office.
Misc. Facts
• Congress has to meet in formal session at least once a
year
• Congress has to keep a record of the votes on
proposals as well as summaries of debates on
proposals
• Congress CANNOT require someone to be put in jail
without being told the reason (habeus corpus)
• Congress CANNOT punish someone do breaking a law
if the action happened before the law was passed (ex
post facto laws)