Legislative Branch
Ch 5, 6, 7
GPS
SSCG9 The student will explain the
differences between the House of
Representatives and the Senate, with
emphasis on terms of office, powers,
organization, leadership, and
representation in each house.
GPS
SSCG10 The student will describe the
legislative process including the roles
played by committees and leadership.
1.
2.
Explain the steps in the legislative process.
Explain the function of various leadership
positions within the legislature.
GPS
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SSCG11 The student will describe the
influence of lobbyists (business,
labor, professional organizations) and
special interest groups in the
legislative process.
1.
2.
3.
Explain the function of lobbyists.
Describe the laws and rules that govern
lobbyists.
Explain the function of special interest
groups.
Congress of the United States
House of Representatives
 435 Representatives
 Based on State
Population
 Two year terms
 Elected every two years
 At least 25 years old
 US resident at least 7
years
 Resident of the state
where elected
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Senate
 100 Senators
Two from each State
 Six year terms
1/3 Elected every two
years
At least 30 years old
US resident at least 9
years
Resident of the state
where elected
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Membership in the House
Members must be at least 25 years old,
citizens for at least 7 years, and residents
of the states they represent.
 Members serve for two-year terms.
 There are 435 members of the House of
Representatives.
 The number of representatives from each
state is determined by population
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House of Representatives
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Special Powers of the House of
Representatives
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All money (appropriations) bills start here
Select the President if no candidate receives
a plurality (majority) in the Electoral College
Write the article of impeachment against high
ranking officials
The House is considered the “voice of the
people.”
Apportionment
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The seats in the House are divided
amongst the population.
Population is determined by a census, or
official population count taken every 10
years.
After each census, congress uses the
new information to apportion, or
distribute the seats. This is called
redistricting.
Apportionment
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Each congressman is to represent a roughly
equal number of people. This is the idea of
“one person, one vote.”
Sometimes state politicians draw district lines
for political reasons.
Gerrymandering is the practice of establishing
district lines that favor one political party over
the other. Named for Massachusetts governor
Elbridge Gerry in 1811. Severs cases are
unconstitutional.
Gain four
Texas
Gain two
Florida
Gain one
Lose one
Lose two
Arizona
Georgia
Nevada
South Carolina
Utah
Washington
Illinois
Iowa
Louisiana
Massachusetts
Michigan
Missouri
New Jersey
Pennsylvania
New York
Ohio
Today, each House member represents about
709,760 people.
Discussion Question
 When the population increases, should
Congress add more members to the
House? Why or why not?
 The size of the House is limited for more
efficient government.
Georgia’s 2000 House Districts
Our Representative

John Barrow is the
US House
Representative for
Georgia’s 12th
Congressional district.
He is a 4th term
Democrat from
Augusta.
Membership in the Senate
Senators must be at least 30 years old,
citizens for at least 9 years, and residents
of the states they represent.
 Senators serve for 6-year terms; one-third
are elected every two years.
 Each state elects two senators.
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Senate
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Special Powers
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Approves all treaties
Approves all appointments
Chooses the Vice President if no one
receives a plurality in the Electoral College
Acts as the jury in all trials of impeachment
Our Senators
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Georgia’s Senior
Senator is Saxby
Chamblis.
He is a Republican in
his second term
Our Senators
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Georgia’s Junior
Senator is Johnny
Isakson. He is a
Republican. He is in
his 2nd term.
Congress
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Both houses:
Must keep a Journal called The
Congressional Record
Must hold sessions at the same time:
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Sessions begin January 3rd each year.
There are two sessions per term.
Must have a quorum to do business:
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51% of members present on the floor
Duties of Congress
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The roles of Congress are:
1.
2.
3.
4.
5.
Uphold the Constitution
Serve as committee members
Represent and serve their constituents
Serve as politicians
Most importantly – Legislators (Make Laws)
Congressional Privileges
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Franking Privilege: postage for official mail
Medical clinic and gymnasium
Allowances to pay for office staff and assistants
Income deductions to help maintain two
residences
Parking at Capital
Retirement pensions available after 5 years of
service
Salary $174,000 per year for non-leadership
positions
27th Amendment prohibits a sitting Congress
from giving itself a pay raise
Protections and Immunities
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Free from arrest in all cases except:
1.
2.
3.
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treason
felony
breach of peace
when they are attending Congress or on
their way to or from Congress.
Cannot be sued for anything they say on
the House or Senate floor.
Punishments
Congress punishes its own members
 Censure is a vote of formal reprimand
 Expulsion, or removal from office, is for
serious crimes and requires 2/3 vote
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Congressional Vocabulary
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Incumbent – candidate who already holds the
office.
Constituents – people who live in a
congressman’s district that they represent.
Quorum – minimal number who must be present
for official business to take place.
Filibuster – to stall the legislative process and
prevent a vote.
Cloture – process that allows each senator to
speak only for one hour on a bill under debate.
Congressional Leadership
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The speaker of the House
is the presiding officer of
the House of
Representatives, and is a
member of the majority
party.
The Speaker of the
House follows the Vice
President in the line of
succession to the
presidency.
Current Speaker: John
Boehner
Congressional
Leadership
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The president of the Senate is
the presiding officer of the
Senate. This is a position
assigned to the Vice
President. He can only vote to
break a tie. When the
President of the Senate is
absent the President Pro
Tempore serves in his place.
Current President of the
Senate: V.P. Joe Biden
Current President Pro
Tempore: Daniel Inouye
Congressional Leadership
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Floor Leaders are picked to carry out party
decisions and steer legislation to meet party
goals.
There are two floor leaders:
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House Majority Leader, Eric Cantor
House Minority Leader, Nancy Pelosi
Senate Leadership
President of the
Senate
Joseph R. Biden, Jr.
U.S. Vice President
resident Pro Tempore
Daniel K. Inouye
Democrat, Hawaii
Majority Leader
Harry Reid
Democrat, Nevada
Assistant Majority Leader
(Democratic Whip)
Richard Durbin
Democrat, Illinois
Minority Leader
Mitch McConnell
Republican, Kentucky
Assistant Minority Leader
(Republican Whip)
Jon Kyl
Republican, Arizona
Congressional Leadership
A whip is the assistant to the floor leader.
They are responsible for monitoring and
marshalling votes.
 The party caucus is a meeting of party
leaders and/or members who conduct
party business. It deals with matters of
party organization, selection of party
leaders, and questions of committee
membership.
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Committees
A standing committee is a permanent
committee. Standing committees deal with
bills with a particular policy matter such as
federal funding (appropriations) or foreign
relations.
 A select committee is a special group set
up for a specific purpose and most often
temporary.
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Committees
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A conference committee is a temporary, joint
body (made of both houses) created to iron out
the differences in a bill.
Committee chairmen are chosen by the majority
party. He gets to direct the work of the
committee.
Seniority rule is an unwritten custom, which
provides that the most important posts, in both
formal and the party organization in each
chamber will be held by its ranking members
Legislative Powers of Congress
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The Constitution gives Congress its expressed
powers. The “necessary and proper clause”
gives Congress implied powers. Known as the
elastic clause it stretches the power of Congress
There are different interpretation as to what
“necessary and proper” means.
Strict Constructionists believe that the
government should not do any more than the
Constitution specifically says it can do.
Loose Constructionists believe that the federal
government has the power to expand its
authority for the good of the nation as a whole.
Powers of Congress
Powers of Congress
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Raise and collect taxes
Borrow money
Regulate commerce
Set laws for
Naturalization and
Bankruptcy
Coin Money
Punish counterfeiting
Post office
Copyrights and patents
Set up courts
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Declare war
Establish the military
and National guard
Make rules and allot
funds for the military and
National guard
Punish pirates
Run Washington D.C.
and all federal property
Elastic clause- implied
power
Powers denied Congress
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Congress could not make laws
concerning slave trade until 1808
Cannot suspend the writ of Habeas
Corpus- must show cause for holding a
suspect except in wartime
No ex post facto law- cannot punish a
person for an act committed before there
was a law against it.
Powers denied Congress
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No direct tax was originally allowed in the
Constitution- the 16th amendment allows
income tax
No tax on exports
All states must be treated the same
Congress must approve all expenditures
of the President through laws
No titles of nobility
Powers denied the States
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Cannot coin money
Cannot have a state militia, troops, or navy
Cannot make treaties
No ex post facto law
Cannot suspend the Writ of Habeas Corpus
No import or export tax
No titles of nobility
Cannot pass any law that the Federal
government is not allowed to pass
Powers of Congress
1. Taxing and spending
 ALL revenue bills must start in the H.O.R
Appropriations bills- laws to authorize spending
money.
2. Other Money Powers
 Borrow money
 Sell government bonds and securities
 Coin money and regulate its value
 Bankruptcy laws
Powers of Congress (cont.)
3. Commerce Powers:
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Regulate foreign trade and interstate
commerce
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The case of Gibbons v. Ogden decided that
the federal government, not the states, can
regulate interstate commerce.
Commerce powers also give congress the
power to regulate banking, broadcasting,
finance, air and water pollution.
Powers of Congress (cont.)
4. Foreign Policy Powers
 Approve treaties
 Declare war
 Create and maintain an army and navy
5. National Growth
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Naturalization laws
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Admit new states
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Govern territories
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Govern federal property
Powers of Congress (cont.)
6. Other Legislative Powers
 Grant copyrights
 Issue patents
 Establish post offices
 Establish federal courts
Nonlegislative Powers of Congress
Power to choose a President: No electoral
college majority
2. 25th Amendment – allows President to choose
a new vice president with approval of
Congress.
3. Confirmation Powers: Senate has power to
approve officials appointed by the president.
4. Ratification Powers: Senate ratifies treaties.
1.
Nonlegislative Powers of Congress
(cont.)
5. Amendment Power: Congress
shares with state legislatures the
power to propose and ratify
constitutional amendments.
 Proposed by 2/3 vote of Congress
 ¾ of states must ratify
Nonlegislative Powers of Congress
(cont.)
 Impeachment: a formal accusation of
misconduct in office
 Majority of H.O.R. Must vote to impeach
 Senate conducts the trial
 2/3 votes is required to conviction and
removal from office
 Chief Justice presides over the Senate if
President is being tried.
Power to Investigate
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1.
2.
3.
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Investigative powers:
Issue a subpoena: a legal order to a person
appear or produce documents
Require witnesses to testify under oath: can
arrest someone if he refuses (Contempt)
Grant immunity: freedom from prosecution in
exchange for testimony.
Congress uses the power of legislative oversight
to weigh how well the executive branch carries
out its laws.
General Accounting Office
A major legislative oversight tool is the
General Accounting Office (GAO)
 Routine financial audits
 Investigates agencies and policies
 Makes recommendations on all aspects of
government
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Congressional Budget Office
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Congressional Budget office (CBO)
Created in 1974
Advises Congress on the possible economic
effects of spending programs
Provides information on the cost of proposed
legislation
Prepares analysis of President’s budget and
economic projections
Aids Congress in budget debates
Cooperation and Conflict
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The members of Congress represent local, more
narrow interests than the president.
Congressmen have to keep a smaller number of
constituents happy.
Partisan differences often cause conflict.
The Struggle for Power
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The balance of power has shifted back and forth
between Congress and the president.
Congress can limit or end the emergency
powers it has granted the president.
Congress has reduced the president’s power in
planning the budget and spending appropriated
money.
Types of Bills and Resolutions
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Public bills involve national issues
Private bills deal with individual people or
places.
Resolutions may be passed by either house
or by both houses jointly.
Both houses pass concurrent resolutions, which
do not have the force of law and do not need
President’s signature.
A rider is a provision attached to a bill on an
unrelated subject.
Types of Bills and Resolutions
Only a few bills become laws because:
1. the process is long and complex;
2. measures must have broad support;
3. supporters must be willing to compromise;
4. many bills are introduced that have no
chance of passing.
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How a Bill Becomes Law
1.
2.
3.
4.
5.
The bill is introduced by a member of
Congress.
The bill is referred to the appropriate
committee.
The committee holds hearings on the bill.
The bill is amended.
The bill is reported for floor
consideration.
How a Bill Becomes Law
5.
6.
7.
8.
9.
10.
The bill is debated and amended.
The bill is passed by a majority of the
house.
The bill is sent to the other house.
Steps 2 – 7 are repeated in the other
house.
The bill is sent to a conference
committee.
A compromise bill is sent to each house
for final action.
How a Bill Becomes Law
11.
12.
13.
14.
15.
The compromise bill is passed in each
house.
The bill is sent to the president.
It becomes a law if the president signs it
or keeps it for 10 days without signing it.
The president may kill it with a veto or a
pocket veto.
Congress may override the president’s
veto with 2/3 approval of both houses.
Did You Know?
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Members of Congress often promote spending
bills that benefit their district or state. For
example, in 1997 Senator Richard Shelby of
Alabama added a measure to the House
appropriations bill to spend $3 million for
fertilizer research in Alabama. Senator Kay
Bailey Hutchison of Texas added a bill to build a
new commuter lane on a bridge in El Paso. Both
senators were important members of the Senate
Appropriations Committee, and their efforts were
successful.
Appropriating Money
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Congress uses a two-step procedure in
appropriating money:
1. an authorization bill, setting up a federal
program and specifying how much money may
be spent on it;
2. an appropriations bill, providing the money
needed to carry out the program or law.
Each house of Congress has an appropriations
committee.
Uncontrollable Expenditures
Uncontrollable Expenditures are money
has been previously committed by past
Congresses
 Called uncontrollable because government
is legally committed to spend the money
 EX: Social Security, National debt, federal
contracts…
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Influences on Lawmakers
Lawmakers’ views on decisions are
seldom based on individual conscience.
 Voters back home, lawmakers’ staff
members, lawmakers’ own political parties,
the president, and special-interest groups
all influence lawmakers’ views.
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Influences on Congress
Interest groups and their lobbyists
represent various interests, including labor
and business groups, education and
environmental organizations, and minority
groups.
 Political action committees (PACs) are
political fund-raising organizations that
give their funds to support lawmakers who
favor the PAC’s position.
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Handling Problems
Caseworkers on lawmakers’ staffs help
them deal with voters’ requests for help.
 Lawmakers spend a great deal of time on
casework because responding to voters
helps them get reelected, casework brings
problems with federal programs to
lawmakers’ attention, and caseworkers
help citizens cope with the huge national
government.
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Helping the District or State
Lawmakers bring federal projects and
money to their districts and states through
pork-barrel legislation, federal grants and
contracts, and keeping federal projects.
 Congress appropriates billions of dollars
for local projects that can bring funds and
jobs to districts and states
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Did You Know?

Critics say that the “pork” in “pork-barrel
legislation” is used to “grease” the wheels of
government. By that, they mean that when
Congress appropriates millions of dollars for
local projects, such as hydroelectric dams,
environmental cleanup programs, and mass
transit projects, it does so for two reasons: to
help districts and states provide services and,
just as important, to improve their own chances
of being reelected.