Chapter 5: The
Legislative Branch
The Federal SystemFederal Government
Capitol Building- “Capitol Hill”
- Bicameral: (a legislature)
divided into two branches or
chambers.
- House of Representatives
and Senate
Why a bicameral
legislature?
• Precedent: Parliament had two houses as well
as many states had bicameral legislatures.
• The Great Compromise
• Separation of Powers- House is the will of the
people/Senate is the will of the states.
House of Representatives
- 435 total members (apportioned by population and
given a fixed number in 1929)
- Each state gets at least one member no matter size of
pop
- 2 year term (no limits)- allows for rapid turnover
- Each state is divided into one or more
congressional districts (citizens of those districts
are constituents)
- Districts are determined by the census
- Every 10 years
- Each state should have a equal (similar) number of
citizens per district (Wesberry v. Sanders- )
- Role: Focus on the needs of their districts as well as
Missouri Congressional
Districts
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•
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Gerrymandering
Gerrymandering- shape a district in order to have a
majority of specific group within it.
Named after Elbridge Gerry (Massachusetts)
State legislatures decide their federal congressional
districts. The party which controls the state legislature
will design districts to best benefit their party.
- Gerrymandering is an abuse
of power.
Senate
-100 members (2 per state)
-Role: Make decisions which are best for the entire
state and nation.
-6 year term (no limit)
th
-Originally chosen by state legislature- 17
amendment
-Staggered election cycle
~33 senators every 2 years
- “When the Founding Fathers agreed to give six-year terms to Senators,
they also decided to stagger the elections, so that a third of the Senate was
up for election every two years. With this staggered turnover, the Founding
Fathers wanted to ensure stability in the Senate, and encourage Senators to
deliberate measures over time, rather than risk a rapid turnover of the entire
chamber every six years. At the same time, they wanted more frequent
elections, as opposed to waiting every six years, to prevent Senators from
permanently combining for ‘sinister purposes’.”
Requirements
• HORs• 25 years of age
• U.S. citizen for 7 years
• A resident of the district s/he represents
• Senate• 30 years of age
• U.S. citizen for 9 years
• A resident of the state s/he represents
Congress’s
Demographics
• What is the demographic composition of
Congress? What groups are most
underrepresented and why?
• https://www.washingtonpost.com/news/thefix/wp/2015/01/05/the-new-congress-is-80percent-white-80-percent-male-and-92percent-christian/
Congressional Districts
• There are 435 seats in the US House of
Representatives (#capped by federal law). Each
US house member today represents
approximately 650,000 constituents.
Congressional
• Majority and Minority
Party (Two Party System)
Leaders
•
Speaker of the House (House of Reps- Majority
Party)
•
•
Vice President is president of the Senate- Breaks
Ties
•
•
Steers legislation (can call votes), in charge of
floor debates, in line for P after VP, DOES
FAVORS! (Paul Ryan)
President Pro Tempore (for the time being)majority party
Party Whips- assistant leaders in House and Senate,
help organize votes over important issues
Committees
Where legislation happens!
Standing Committee- Permanent Committee
•
• Subcommittees- More specialized/specific issues
• Select Committee- special issues with a time
limit
• Joint Committee- Includes members from both
the House and the Senate
• Conference Committee- temporary joint
committee to discuss specific legislation.
- How are seats determined?
- Chairperson holds power over committee
•
Congressional Powers- Expressed and
Implied
Expressed (Enumerated)Article 1, Section 8,
Clause:
1. Levy Taxes
2. Borrow money
3. Regulate trade
citizenship
5. Coin money
4. Establish uniform rules of
6. Punish counterfeiters
7. Establish post
8. Copyright/patent laws
9 . Establish fed. Courts
10. Define/punish piracy
11. Declare war
12. Raise/support armies
13. Raise/maintain navy
15. Call up national militia
14. Establish military law
16. Organize militia
17. Exercise jurisdiction over D.C.
18. Necessary & Proper Clause
Taxing
•
All bills for raising revenue must start in the House, but
the senate may propose or concur on with
amendments. Senate must approve.
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Authorization bill: establish projects to spend taxes
Appropriation bill: provide money for projects and
activity
Direct tax: a tax that an individual pays directly to the
government (sales/income tax).
Indirect tax: a tax levied (imposed) on one person but
passed on to another for payment to the government.
(gas tax/cigarette tax)
Regulate Foreign and Interstate
Commerce
• Gibbons v. Ogden (1824)
•
•
•
Facts of the Case
A New York state law gave two individuals the exclusive right to
operate steamboats on waters within state jurisdiction. Laws like
this one were duplicated elsewhere which led to friction as some
states would require foreign (out-of-state) boats to pay
substantial fees for navigation privileges. In this case a
steamboat owner who did business between New York and New
Jersey challenged the monopoly that New York had granted,
which forced him to obtain a special operating permit from the
state to navigate on its waters.
Question: Did the state of New York exercise an authority
(regulation of trade) that was expressed specifically to
Congress? If so, is that constitutional?
Implied Powers
• Necessary and Proper (Elastic) Clause (1, 8, 18)
• McCulloch v. Maryland (1819)
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•
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Facts of the Case
In 1816, Congress chartered The Second Bank of the
United States. In 1818, the state of Maryland passed
legislation to impose taxes on the bank. James W.
McCulloch, the cashier of the Baltimore branch of the bank,
refused to pay the tax.
Two Part question: Did Congress have the power to
establish a National Bank? Did congressional law
override the powers of the state of Maryland?
General Welfare Clause
• Article 1, Section 8:
• “The Congress shall have Power to lay and
collect taxes, duties, imposts and excises, to pay
the Debts and provide for the common Defence
and general welfare of the United States.”
• Like the Necessary and Proper clause, the
General Welfare clause can be interpreted to
allow Congress to stretch expressed powers to
meet the common good of the nation. (Loose
interpretation)
• Example: taxes must be collected for the
Foreign Relations
• Declare War
• Oversee armed forces (executive
oversight)
• Senate approval of presidential treaties
Limits in the
Constitution
• Cannot Suspend Habeas Corpus
• Prohibits Bills of Attainder- an act of legislation
which punishes an individual or group without a
trial.
• Prohibits ex post facto laws- a law that makes
criminal an act that was legal when it was
committed.
• Checks- Presidential veto/ Judicial review
• Bi-Cameral- Both Houses must approve identical

Checks and BalancesThe Power of the Purse:
the power to approve spending
Continued
through the use of appropriation bills. This gives congress
the power to refuse funds to the executive branch as a check
on power.
 Advice and Consent: In order to appoint officials and make
treaties into law, the president needs the consent of the
Senate.
 Impeachment: Congress has the power to charge officials in
the executive and judicial branch of wrongdoing which, if
found guilty, can remove the officials from office before the
end of term. HORS can impeach (majority vote) and Senate
holds the trial with VP overseeing (2/3rd).
 Amend the Constitution, Override veto, oversight (the ability
to review the executive branch’s operating procedures, hold
hearings, and create political pressure on the president to
change how s/he enforces laws).
Congressional
1. Personal Staff: Supports
gather issues on bills, arrange
meetings, and meet with lobbyists: people who
represent interest groups and influence political
decisions.
2. Committee Staff: Experts on specific issues
3. Support Services:
A. Library of Congress- Available for research
B. Congressional Research Service (CRS)- does nonpartisan research for congressional members
C. GAO- Government Accountability OfficeResearches in matter of finance for Congress.
How a Bill becomes a
Law
1. An IDEA or observation
of a citizen. Recognize a
problem and create a solution in a bill. A bill can be
created by anybody.
2. Only a member of the Senate
or House can introduce a bill by
placing it in the hopper (spending
bills must start in House).
3. The bill is sent to a committee or subcommittee.
- bill can be scratched, amended, create a new bill,
pigeonholing, or sent to floor for debate.
4. House has limit of time before a vote has to held.
- Senate (no limit) can hold a filibuster: “talk a bill to
death.” Can be ended with a cloture vote- 3/5th of
Senate
5. Vote- Majority Rule
6. If passed, the bill goes to the next house
(Senate or House of Representative) whereby the
process starts over.
- Each House must pass an identical Bill to be
passed on for executive approval.
7. The President:
- can sign bill into law.
- wait ten days with congress in session and bill
becomes a law
- veto a bill (which can be overruled by 2/3rds of
both houses
- pocket veto- wait ten days with congress out of
session and the bill is automatically vetoed and
cannot be overruled.
Effectiveness
Divided/Polarized
Congress
Polarization in
Congress
Fewer Moderates in Congress
Interest Groups
• Interest Groups: Organization of like-minded
people who join together to influence
government and policies.
• Political parties = control government
• Interest groups = influence government
• Often write legislation or lobby to get legislation
passed.