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Packet Pg. 2-3 The United States Constitution: The Legislative Branch
Scavenger Hunt
For each question below, find the article and section within the Constitution that responds to the question. Write in the answer and then the constitutional provision with key words underlined. USE THE LANGUAGE FROM ORIGINAL TEXT.
Question Answer to Question Article Section Constitutional Provision
1. There is a 50-50 tie on a bill regarding gun control in the Senate.
Who will cast the tiebreaking vote?
The Vice President of the United States who is also the
President of the
Senate
2. Your uncle just celebrated his 30 th birthday. Can he run for the House of
Representatives?
1 3
The Vice President of the
United States shall be President of the Senate, but shall have no
Vote, unless they be equally divided.
3. The media are reporting a raise in federal income tax for the coming year. Where did the proposal for this new tax originate?

Question
1.
There is a 50-50 tie on a bill regarding gun control in the
Senate. Who will cast the tiebreaking vote?
Answer to Question
The Vice President of the United
States who is also the President of the Senate
2. Your uncle just celebrated his 30 th birthday. Can he run for the House of
Representatives?
Yes
3. The media are reporting a raise in federal income tax for the coming year.
Where did the proposal for this new tax originate?
The House of Representatives
6 years 4. A candidate you strongly support was just elected senator. How many years must pass until this candidate can be reelected?
Congress 5. Troops from a foreign country have invaded Oregon. Which branch of government has the power to declare war against this aggressor?
Article
1
1
1
1
1
Section
3
2
7
3
8
Constitutional Provision
The Vice President of the United States shall be
President of the Senate, but shall have no Vote, unless they be equally divided.
No Person shall be a Representative who shall not have attained the Age of twenty five years
All Bills for raising Revenue shall originate in the
House of Representatives
The Senate shall be composed of two senators from each State. . . for 6 years
To declare War
6. The president has appointed a new ambassador to Haiti. Who must approve this appointment?
The Senate 2 2 He shall appoint, by and with the Advice and
Consent of the Senate, Ambassadors
7. If a vice president were to commit a federal offense, who has the power to impeach him or her? Who has the power to put the impeached official on trial?
8. Who has the power to regulate trade
Impeachment - House of
Representatives
Trial - Senate
Congress
1
1
2
3
8
The House of Representatives shall have the sole
Power of Impeachment
The Senate shall have the sole Power to try all
Impeachments
To regulate Commerce among the several States

Constitutional Provision
1.
Article I, Section 9, Clause 2
Writ of Habeas Corpus
2. Article I, Section 7, Clause 2
The Veto
3. Article I, Section 2, Clause 1
Direct Election of the House of
Representatives
Principle or Principles Exemplified
Individual Rights
Separation of Powers
Checks and Balances
Explanation of How They are Exemplified
This clause does not allow the Writ of Habeas Corpus
(challenge of to be suspended ‘unless when in Cases of
Rebellion, or Invasion the public Safety may require it’. Habeas
Corpus is part of an individual’s right to due process of law and this clause protects that right from being abused or randomly denied.
The power of Congress to make laws is checked by the
President’s power to either approve or veto any proposed law.
In addition any bill must pass both houses of Congress so each chamber checks the other.
Finally, the president must veto a bill with reason that is in writing and returned to Congress. This checks his/her power to some extent by ensuring vetoes aren’t on a whim or for purely personal reasons.
Popular Sovereignty
Federalism
Members of the House of Representatives are elected by the people within their states every two years.
States will determine qualifications for voting.
4. Article I, Section 8, Clause 11
Declaration of War
Separation of powers and checks and balances
President is commander-in-chief but only the Congress can declare war thereby checking his power in that role.
Rule of Law The Congress can make laws that are deemed necessary and proper in order to help them exercise their delegated powers.
5. Article I, Section 8, Clause 18
Elastic Clause

PACKET PG. 4: LEGISLATE AND LEGISLATOR

KEY ELEMENTS:
SEPARATION OF POWERS
 Federalism is a type of separation of powers. Its known as ‘Vertical
Separation’.
 The separation of powers within the Federal government is known as
‘Horizontal Separation’.

KEY ELEMENTS:
SEPARATION OF POWERS
 Our system has:

Legislative Branch
(Congress) with specified powers in Article 1 of the
Constitution
 an Executive Branch (The
President) with specified powers in Article 2 of the
Constitution
 and a Judicial Branch with specified powers in Article 3 of the Constitution.

KEY ELEMENTS:
RULE OF LAW
 The idea is that no person is above the law and no one person or entity has too much power within our system – a direct connection to separation of powers.
 This is key to successful legislation.

LEGISLATIVE PROCESS
 Legislators are supposed to consider their constituents, or the people they represent, regardless of how many voted for them (popular
sovereignty).
 House and Senate share responsibilities in creating laws that consider their constituents, their party affiliation and what is best for the nation.
 This is all allowed because of the
“Necessary and Proper”/
“Elastic” Clause in the
Constitution

LEGISLATIVE PROCESS: PG. 215

LEGISLATORS:
DELEGATES VS. TRUSTEES
Delegate
When a congressperson acts and votes according to what their constituents want. The focus is on promoting their individual interests
(Common in the House).
Trustee
When a congressperson acts and votes according to their convictions and what is best for the country at large and in the long run.
(Common in the Senate)
Which do you think makes a more effective legislator, a delegate or a trustee ? Why?
What types of circumstances would be more appropriate for the delegate role?
What types of circumstances would be best for the trustee ?

1.
2.
3.
HW: Read 12.1-12.3 and complete pages in the packet.

PACKET PG. 4: QUALIFICATIONS
FORMAL/CONSTITUTIONAL
QUALIFICATIONS
INFORMAL QUALIFICATIONS

PACKET PG. 4: QUALIFICATIONS
INFORMAL QUALIFICATIONS FORMAL/CONSTITUTIONAL
QUALIFICATIONS
House –
25 yrs
7 yrs citizen residency in district representing
Senate
30 yrs
9 yrs citizen
Residency in state representing
Race
Gender
Occupation
Education

1.
2.
TH
Education and Labor Committee Chair: Drew
Mitchner
3.
2.
1.
Everyone else:
Sit in the area of the room you normally are in.
Make sure you seat one extra person on the left side of the seating arrangement

3.
TH
1.
Education and Labor Committee Chair:
2.
Kate Kesner
4.
2.
1.
Everyone else:
Sit in the area of the room you normally are in.
Make sure you seat one extra person on the left side of the seating arrangement

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1.
2.
HW: Read 12.1-12.4 and complete pages in the packet.

1.
PACKET PG. 4:
CONSTITUENTS
Individual Constituents – help them with federal agencies, create jobs, answer complaints, and provide information.
2.
Business and Interest Groupsintroduce legislation that is beneficial to them, intervene with regulatory agencies, secure federal grants, and secure federal contracts.
3.
Entire District/State – secure federal projects, create jobs through federal grants and contracts, support policies and legislation that is good for the entire district or state.

PACKET PG. 4: QUALIFICATIONS
FORMAL/CONSTITUTIONAL
QUALIFICATIONS
House –
25 yrs
7 yrs citizen residency in district representing
Senate
30 yrs
9 yrs citizen
Residency in state representing
INFORMAL QUALIFICATIONS
Race
Gender
Occupation
Education

PACKET, PG. 5:
INCUMBENTS
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PACKET PG. 5: HOUSE (H.A.) VS. THE SENATE (S.A.)
HOUSE OF
REPRESENTATIVES
SIMILARITIES SENATE
Terms of Office
Election to Office
Qualifications for office
Deliberations and
Floor Debates
Leadership Roles

PACKET PG. 5: HOUSE (H.A.) VS. THE SENATE (S.A.)
SIMILARITIES SENATE
Terms of Office
HOUSE OF
REPRESENTATIVES
2 years 6 years
Election to Office
Qualifications for office directly
(435 total, based on state and district population size – Census Bureau stats every 10 years)
Popular Sovereignty
25 yrs old, US citizen, resident Residency and citizenship requirements
Directly
(100 total, 2 per state, 53
Dems., 45 Rep., 2 indep.)
30yrs old, US cit 9 yrs, resident
Deliberations and
Floor Debates
Leadership Roles Speaker,
Maj/Min leaders and whips
Debate can be open
Rules are same
Maj/Min leaders and whips
Senate Majority leader

A delegate to Congress is a non-voting member of the United States House of Representatives, who is elected from a U.S. territory or from Washington, D.C.
, to a two-year term. While unable to vote in the full House, a non-voting delegate may vote in a House committee of which the delegate is a member.

PACKET PG. 6: LEADERSHIP ROLES
LEADERSHIP ROLE POWERS & RESPONSIBILITIES WHO IS IN THAT POSITION
NOW?
Name and Party Affiliation
Speaker of the House
Majority and Minorities
Leaders
House
Senate Majority Leader
Senate Minority Leader
Majority and Minority
Whips
House & Senate

PACKET PG. 6: LEADERSHIP ROLES
LEADERSHIP ROLE
CHECK OUT PG. 209
POWERS & RESPONSIBILITIES WHO IS IN THAT POSITION
NOW?
Name and Party Affiliation
John Boehner (R) – Ohio
Speaker of the House
Majority and Minority
Leaders
House
Presides over the House, administrative duties, hands bills to committees, brings legislation to the floor for debate and vote, committee assignments.
Manage legislation on the house floor
(selected by the House – usually represents the majority party, in line for presidency after the VP)
Maj – Eric Cantor (R) – Virginia
Min – Nancy Pelosi (D) - California
(elected by their parties, majority is 2 nd in command and minority is 1 st in command)
Harry Reid (D) – Nevada
Senate Majority Leader
Senate Minority Leader
Selected by the Senate. Essentially same duties as the Speaker although will also help establish rules for debate since Senate doesn’t have
Rules Committee.
Leader of the opposition in the Senate – plays same role as House Minority leader. Organizes opposition and policy agenda and voting.
(under the Vice President, who is
President of the Senate and the
President Pro Tempore, who is the senior senator of the maj. Party)
Mitch McConnell (R) - Kentucky
Majority and Minority
Whips
House & Senate
Assistant floor leaders, responsible for informing and persuading party members.
Kevin McCarthy (R) – California
Steny Hoyer (D) – Maryland
Richard Durbin (D) – Illinois
John Cornyn (R) - Texas

PACKET PG. 6: COMMITTEES
TYPE OF COMMITTEE KEY FUNCTIONS CONCRETE EXAMPLE
Standing Committee
Subcommittees
Select/Special Committees
Joint Committees
Conference Committees

PACKET PG. 6: COMMITTEES
TYPE OF COMMITTEE
Standing Committee
Subcommittees
KEY FUNCTIONS
Always exist from Congress to
Congress. Responsible for reviewing bills that deal with specific policy.
Responsible for gathering information on bills throughout the hearing process.
CONCRETE EXAMPLE
See Page 210
Energy. Judicial. Labor. Homeland
Security
Subcommittee for Homeland
Security
Select/Special Committees
Joint Committees
Conference Committees
Responsible for creating legislation of investigating a specific issue as designated by
Congress.
Select Committee on Energy
Independence and Global
Warming.
Responsible for gathering information or investigating specific issues. Has members from both House and Senate.
Responsible for reconciling
(fixing the problems/differences) between two similar bills.
Joint Committee on Taxation.
Budget Resolution Conference
Committee

PACKET PG. 7:
POWER OF THE PURSE
The power to raise taxes and appropriate (assign) that tax money to programs. All appropriation bills must originate in the House.
Power of the Purse is on example of how Congress can direct the President and keep him “in check”. The Senate must also approve all Presidential appointments. Congress can also override a president’s veto with a 2/3rds vote in both houses.
Congress is also responsible for establishing lower federal courts and the number of federal judges.

PACKET PG. 7:
YOUR CURRENT REPRESENTATIVES
Who are CA’s US Senators?
What party do they belong to?
How long have they been in the
Senate?
When are they up for reelection?
Who is your member of the
House of Representatives?
What party do they belong to?
How long have they served in the House?

YOUR CURRENT REPRESENTATIVES
Who are your US Senators?
What party do they belong to?
How long have they been in the
Senate?
When are they up for reelection?
Barbara Boxer – democrat, since 1993,
2017
Diane Feinstein – democrat, since 1993,
2019
Who is your member of the
House of Representatives?
What party do they belong to?
How long have they served in the House?
Anna Eshoo –democrat, since 1993, 2014
(CA 18 th District)
Mike Honda – democrat, since 2001, 2014
(CA 17 th District)

YOUR CURRENT REPRESENTATIVES
Our district

T HE L EGISLATIVE P ROCESS
C OMMITTEE W ORK
Objective: Understand how committee work on bills in the Senate influences how individual members legislate.
C OMMITTEE W ORK IN THE L EGISLATIVE P ROCESS
 The committee chair is the member of the majority party who has served the longest in the Senate. The SENIORITY RULE usually refers to the longest serving member of the committee but for this task use Senate membership. The ranking member is the member of the minority party who has served longest.
 Directions: Use all the materials provided and follow the directions of your committee chair to help you through the process. Each committee should have a final version of a bill with amendments ready to hand in to the teacher.
 TIME – Each committee has 45 minutes (or until the end of the class period) to create a final version of their bill for reporting.
READ THE DIRECTIONS COMPLETELY AND CAREFULLY FIRST! REMEMBER
YOU ARE THE SENATOR YOU’VE BEEN GIVEN, NOT YOURSELF!!!!!

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T HE L EGISLATIVE P ROCESS
C OMMITTEE W ORK
Objective: Understand how committee work on bills in the Senate influences how individual members legislate.
C OMMITTEE W ORK IN THE L EGISLATIVE P ROCESS
 The committee chair is the member of the majority party who has served the longest in the Senate. The SENIORITY RULE usually refers to the longest serving member of the committee but for this task use Senate membership. The ranking member is the member of the minority party who has served longest.
 Directions: Use all the materials provided and follow the directions of your committee chair to help you through the process. Each committee should have a final version of a bill with amendments ready to hand in to the teacher.
 TIME – Each committee has 45 minutes (or until the end of the class period) to create a final version of their bill for reporting.
READ THE DIRECTIONS COMPLETELY AND CAREFULLY FIRST! REMEMBER
YOU ARE THE SENATOR YOU’VE BEEN GIVEN, NOT YOURSELF!!!!!

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LEADERSHIP ROLES
CHECK OUT PG. 209

A delegate to Congress is a non-voting member of the United States House of Representatives, who is elected from a U.S. territory or from Washington, D.C.
, to a two-year term. While unable to vote in the full House, a non-voting delegate may vote in a House committee of which the delegate is a member.

YOUR CURRENT REPRESENTATIVES
Our district

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2.
3.
TECHNICALLY, HOW A BILL BECOMES A LAW
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Member of Congress Introduces
B ILL
Bill is referred to a Committee by
S PEAKER OF THE H OUSE and/or
S ENATE M AJORITY L EADER *
Bill is referred to C OMMITTEE * –
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Committee Chair can:
Kill the bill
P IGEONHOLE THE B ILL ( PUT AT
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THE BOTTOM OF THE
AGENDA / EXTENDS DISCUSSION )
C ONSIDER THE B ILL

WHAT HAPPENS AGAIN IN COMMITTEE?
1.
2.
3.
Committee refers bill to SUBCOMMITTEE *
Subcommittee holds hearings and investigates
Subcommittee reports bill back to Committee
4.
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Committee decides on the bill* – options:
Pigeonhole the bill
Kill the bill
Vote on the bill as is
Revise bill in M ARK UP S ESSION (T HIS IS WHAT YOU DID )

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Committee reports the bill to R ULES C OMMITTEE *:
Places bill on calendar
Determines type of debate – OPEN or CLOSED
2.
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Bill reaches the floor of the House*
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A MENDMENTS are proposed and voted on the floor of the House
G ERMAINE (must be same issue as the bill)
3.
4.
F LOOR V OTES on the amendments and Bill
 Different type of votes determined as process goes along
Entire House votes on the final bill

1.
2.
GOODNESS! I’M STILL NOT A LAW?!
Speaker signs the Bill and sends it to the Senate
Bill repeats the entire process in the Senate Chamber*
(usually Senate has been crafting own version of the bill at
3.
the same time)
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No rules committee in the Senate
Open debate always with occasional restrictions
F ILIBUSTER (tactics used to delay passage of a bill, like lengthy speeches) is permitted
Senate votes on passage of the Bill
Bill is referred to C ONFERENCE C OMMITTEE *– if it is different version from the House version

2.
3.
1.
House and Senate vote on the reconciled version of the Bill
Bill is printed in final form
Bill is sent to the President
Presidential action*:
1.
Signs bill- Bill becomes a Law
2.
3.
1.
Does not sign- 10 Day Rule- Pocket Veto
(If Congress is out of session within 10 days of sending the Bill- Bill is Dead
Veto the Bill – Bill is returned to Congress
1.
2.
Veto is overridden in the house
Veto is overridden in the Senate
1.
Bill becomes a Law
(YAY FINALLY!)

LEGISLATIVE PROCESS: PG. 215

POLITICALLY, HOW A BILL BECOMES A LAW:
 Read Politics, Power and You pg. 220-221
 What factors influenced YOU during the committee simulation?
 In a floor debate, how might the following affect your decision.
 filibuster
 your party affiliation
 your status as an incumbent
 (lets say we’re about to have an election)

EUQ: REFLECTING ON THE LEGISLATIVE
PROCESS
Summative Reflection – Civic Participation
Please respond to our second essential question in paragraph form in the space provided. Draw on the various assignments, activities and readings we have done over the last week including:
Proficient:
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Your 2.2 guided reading packet and any additional notes you took during class
The Constitution
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The Senate committee simulation – see your notes on the front
Power, Politics and You pg. 220-221
Advanced
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Federalist # 10
Federalist #51
What factors influence how individual members of Congress legislate?