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TODAY’S CLASS Introduction to the Legislative Branch Background Notes Class Discussion Intro to other concepts THE LEGISLATIVE BRANCH QUICK BRAINSTORM Make a “T” chart of the House and Senate. List what you know about each of them based upon prior knowledge and the notes you had on the Constitution. What does this image have to do with Congress? BASIC STRUCTURE Bicameral Legislature Historical Context Virginia Plan New Jersey Plan Connecticut Compromise NOTES SUGGESTION House of Representatives Topic Number of Members Age Requirement Residency Requirement Citizenship Requirement Term Length Term Limit Non-voting Members? Other Notes Senate HOUSE OF REPRESENTATIVES Based off population but each state must have at least 1 representative District of Columbia, Guam, American Samoa, Puerto Rico, the US Virgin Islands, and Northern Mariana Island all have one delegate who cannot vote Consists of 435 members Why 435? 1789: 65 reps in the House (one for every 30,000 people) Over time change needed due to added population 1911: Limit to be 435 HOW DOES THE 435 GET DIVIDED? Apportioned (distributed by population) Each state gets a number appropriate to it from census data If population increases, you may acquire seats If population decreases, you may lose seats Each state is divided into districts based off population Gerrymandering: drawing district lines that favor a particular political party, politician, group, etc. HOUSE (CONTINUED) Elections held every even-numbered year All members have two-year terms If a member dies or resigns during his term, the governor of the home state is required to call a special election to fill the vacancy REQUIREMENTS FOR THE HOUSE Be at least 25 years old Been a US citizen for at least 7 years Be a legal resident of the state you represent Not necessary to live in district you run in SENATE Two Senators from each state Six year terms Elections held each even-numbered year Thus, 1/3 of Senate comes up for election every 2 years Ensures 2/3 have experience No non-voting members If someone dies, governors appoint member until next regular election or state has a special election REQUIREMENTS FOR THE SENATE Be at least 30 years old Been a U.S. citizen for at least 9 years Be a legal resident in the state you represent DISCUSSION QUESTIONS The House has nonvoting members, while the Senate does not. Do you believe that U.S. territories should have representation in the Legislature? Do you think that members of Congress should be limited on how many times they can run for office? Why or why not? How much do you believe a member of Congress should make per year? Why? Is a slight political edge through gerrymandering worth the trouble of manipulating the district lines? Why or why not? Based on the guide/game, do you believe that we need to change the way we apportion districts to combat the gerrymandering issue? TODAY’S CLASS Discussion Questions Continuation of Congressional Overview Separating the House and Senate Congressional Salary Congressional Structure SPECIAL POWERS BY CHAMBER House Starts revenue bills Impeach public officials Chooses president if electoral majority not reached Senate Impeachment trials Vice president if no VP candidate gets enough votes Treaties approved with 2/3 vote Supreme Court justices approved by majority vote CONGRESS IN GENERAL Salary: $174,000 Members get an allowance to pay staff members as well Provided offices in Capitol Free trips to home state Allowances for local offices Franking privilege: right to mail letters or packages for free Leaders in each chamber receive extra compensation No limits on how many terms you may have CONGRESS (CONTINUED) Immunity when Congress is in session Cannot be arrested in or on their way to or from a meeting in Congress Reason: not unnecessarily kept from performing their duties Actually a check on the Executive…why? Rules of Conduct Limits on outside income and full disclosure of finances Can challenge qualifications of newly elected members CAN OUR REPS BE PUNISHED? Expulsion: Person must give up seat in Congress Requires a 2/3 vote Only for very serious offenses Only happened 20 times (5 in House; 15 in Senate) Many times expulsion votes fail or person in question resigns Censure: Formal disapproval of actions Must stand alone at front of House/Senate and listen as the charges are read Must give up any committee chairs or extra duties Censures: 9 in Senate, 23 in House CONGRESSIONAL ORGANIZATION TERMS AND SESSIONS Term of Congress begins at noon on January 3rd of every odd numbered year 114th Congress will go from 2015-2017 (Elected members in Nov. of 2016 get sworn in on Jan. 3, 2017) Constitution requires Congress to meet at least once each year JOINT SESSIONS Normally, the Senate and House work as two separate entities However, there are times both of them meet together in a joint session Example: President gives State of the Union address All members of Congress meet in the House chamber to hear the Presidential speech Current Event Example: Papal Address ORGANIZATION Under the Constitution House of Reps must select a presiding officer Speaker of the House Vice President of the United States is the president of the Senate Senate must have someone selected to serve in the absence of the Vice President President Pro Tempore HOW DO WE DECIDE THE LEADERS? Caucuses: Private meetings in which each party selects leaders Occurs on the first day of each term of Congress Democratic party chooses their own leaders Republican party chooses their own leaders Majority party: political party with the most members in each house Minority party: political party that has fewer members Question: What is the minority and majority parties of our houses today? SENATE Vice president does not usually preside over daily meetings, thus majority party selects the president pro tempore Literally means for the time being Presides over day-to-day meetings Each party has a leader who is assisted by a party whip Whip counts votes, encourages party loyalty, and ensures that the party’s members are present for important votes HOUSE OF REPRESENTATIVES Speaker of the House presides over the House when it is in session Always a member of majority party Most powerful officer of the House No member may speak until recognized by Speaker Speaker influences the order of business in the House House also has majority/minority leaders and whips COMMITTEES Committees meet to consider legislation and hold hearings Each committee has a chairperson and ranking member Chairperson: majority party Ranking Member: minority party Usually the longest serving member of the minority party represented is named Ranking Member Subcommittees: smaller groups that consider legislation before it is looked at by full committee POWERS OF CONGRESS DELEGATED POWERS (AGAIN…) Article I, Section 8: Powers delegated to Congress Financing Government Regulating and Encouraging American Trade/Industry Defending the Country Creating Lower Courts: National Court System Providing for Growth FINANCING OUR GOVERNMENT Borrowing Money Collecting Taxes Printing and Coining Money Spending for Programs REGULATING TRADE Domestically Trade between states (interstate commerce) Laws to protect rights of inventors (patents, trademarks, copyrights, etc.) Internationally Tariffs and embargoes Trade with foreign nations DEFENDING OUR COUNTRY Declaration of War Only Congress can do this! Have we had times when we fought without declaring war? Maintaining armed forces, regulating use of troops Approval of Treaties PROVIDING FOR GROWTH Regulation of Immigration/Naturalization Govern US territories, national parks, naval bases, etc. Provide admission for new states Acquire lands War, eminent domain, treaties, purchase or gift, etc. IMPLIED POWERS The elastic clause “make all laws which shall be necessary and proper for carrying into execution the foregoing powers” Stretches Congressional role to many other areas Examples: Military academies and draft (necessary to ensure defense of US), minimum wage (regulation of commerce) WHAT CONGRESS CAN’T DO… Infringe on Reserved Powers to States (10th Amendment) Regulate elections, create schools, establish marriage laws, etc. No ex post facto laws (laws that apply to actions that occurred before laws were passed) No bills of attainder (sentence people to prison without trial) No taxing exports WHAT CONGRESS CAN’T DO… No passing laws that violate Bill of Rights No favoring trade of a specific state No titles of nobility No withdrawing of money without a law No suspending writ of habeas corpus (cannot remove right to a court order) HOW A BILL BECOMES A LAW BASIC DEFINITIONS Bill: Proposed Law Appropriation Bill: Bill Approving the spending of money Note: Appropriations bills MUST begin in House of Reps Filibuster: Method of delaying a vote in Senate by using lengthy speeches Cloture: Legislative procedure for ending debate in Senate and taking a vote BASIC DEFINITIONS (CONTINUED) Veto: President rejecting a bill passed by Congress May be overridden by a 2/3 vote in both houses Pocket veto President does not sign or veto bill within 10 days and Congress is NOT in session Note: If Congress is in session and bill sits on desk, it automatically becomes law THE ACTUAL PROCESS HOUSE ACTIONS Placed on House calendar and Speaker decides when bill will reach floor for debate Before debating bill, House Rules Committee decides how much time will be allotted for bill Evenly distributed between supporters and opponents of the bill Amendments to bill may be proposed at this time but must be relevant to the bill HOUSE (CONTINUED) Committee of the Whole: Entire House acts as one big committee debating bills in some cases Amendments may be offered, debates taken for short time, then a vote on the amendment When discussion on amendments and bill is complete, vote is taken HOUSE ACTIONS Placed on House calendar and Speaker decides when bill will reach floor for debate Before debating bill, House Rules Committee decides how much time will be allotted for bill Evenly distributed between supporters and opponents of the bill Amendments to bill may be proposed at this time but must be relevant to the bill HOUSE (CONTINUED) Committee of the Whole: Entire House acts as one big committee debating bills in some cases Amendments may be offered, debates taken for short time, then a vote on the amendment When discussion on amendments and bill is complete, vote is taken RULES FOR VOTING IN THE HOUSE Quorum needed for House to conduct business Majority of the members present Majority needed to pass a bill in most cases Roll-call votes for important bills Each member’s name is called and their vote is recorded SENATE Same steps as House: presented, committee, recommendations/amendments, committee vote, floor debate, floor vote Differences No limit to debate on bills, thus speeches may last long time To prevent a vote in some cases, Senators will threaten to speak for hours to “talk the bill to death” Known as a filibuster SENATE (CONTINUED) Debate can be limited however 3/5 vote of the full Senate can limit time on debate, ending the ability to filibuster Cloture: procedure for Senate and taking ending debate in the vote BILL PASSED BOTH…NOW WHAT? If bills have any difference, conference committee occurs Equal number of Senators and Representatives who work to reach a compromise on the bill Compromise sent back to both houses to be voted upon Once passed, sent to the desk of the president PRESIDENT AND THE BILL Sign bill into law Refuse to sign bill (veto); Sent back to it was rejected Congress with reasons as to why Pocket Veto ***VETOES CAN BE OVERRIDDEN WITH A 2/3 VOTE SOURCES OF LAW IDEAS Citizens: Only if they speak up! Groups: Businesses and influence groups Congressional Committees Members of Congress President: Often during State of Union Address
