Legislative Branch PowerPoint

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The Legislative Branch

CONGRESSIONAL

MEMBERSHIP

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bicameral legislature a two chamber legislature

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censure a vote of formal disapproval of a member’s actions census a population count

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gerrymander to draw a district’s boundaries to gain an advantage in elections

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incumbent elected official that is already in office

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reapportionment the process of reassigning representation based on population after every census

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redistrict to set up new district lines after reapportionment is complete session a period of time during which a legislature meets to conduct business

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Congressional Sessions

Starts on January 3 of odd numbered years; divided into 2 sessions, each lasting 1 year with breaks for holidays and vacations; in session until members vote to adjourn; neither may adjourn for more than 3 days without the approval of the other; president may call back for special session if necessary

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Congressional Membership

House at least 25 years of age; citizen of US for at least 7 years; legal resident of the state

Qualifications

Senate at least 30 years of age; must be a citizen of US least 9 years; legal resident of state

2 years

Term of office

6 years; elections held every 2 years w/ 1/3 up for reelection based on population counts from census; reapportionment and redistricting; total 435

Representation

2 per state; total 100

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Congressional Membership

Both

Salary and Benefits: $174,000; retirement and medical benefits; vested after 5 years; up to $150k/year retirement

Privileges: franking; allowances for staff payment; free from arrest except for felony, “treason and breach of the peace”; may be excluded or censured

Characteristics: average – 50 yrs old, white and male, most attorneys, some businessmen, bankers, educators

Reelection: once elected, usually reelected

Online Campaigning: web is presenting challenges for incumbents, opening doors for challengers

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Congressional Membership

Reapportionment and Redistricting states may gain or lose seats in the House after each census count; state legislatures determine new districts

(redistricting); gerrymandering may result in packing

(drawing lines to include as many of the opposing party’s voters as possible) or cracking (dividing an opponents voter’s into other districts, to weaken the opposing party’s voter base); has also been used to discriminate against races

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The Legislative Branch

HOUSE OF

REPRESENTATIVES

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bill a proposed law calendars a schedule that lists the order in which bills will be considered in

Congress

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caucus a private meeting of party leaders to choose candidates for office constituents a person whom a member of

Congress has been elected to represent

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majority leader the Speaker's top assistant who helps plan the majority party's legislative program and steers important bills through the House

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quorum the minimum number of members who must be present to permit a legislative body to take official action

Speaker of the House

Majority

Leader

Majority

Whip

Minority

Leader

Minority

Whip whips an assistant to the party floor leader in the legislature

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Rules based on precedents, define actions a representative can take; geared toward moving legislation forward quickly on floor

Rules for Lawmaking

Committee Work do most of work of congress; more important in house than senate due to number of members; most members specialize based on their constituency

Party Affiliation many procedures organized around party affiliation;

Republicans sit on right side and democrats on left side; each selects their leadership

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Speaker of the House presiding officer of the House; decides which members speak first, appoints the members of some committees, schedules bills for action, refers bills to the proper committee

Leadership

Floor Leaders majority and minority leaders helps plan legislative program, steers important bills, makes sure committee chairpersons finish work on bills important to the party

Whips – assist floor leader; keep watch on how members vote, persuade members to vote as the party wishes, make sure that members are present to vote

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Lawmaking in the House

How Bills Are Scheduled: bill place in hopper; Speaker sends to appropriate committee for discussion, review and study; only 10-20% make it to floor for vote; 5 calendars

(Union – money bills, House – public bills, Private – private bills, Consent – unanimous bills, Discharge – petitions to discharge bills

Quorum: minimum number needed for official action; when house in regular session quorum is 218 members;

Committee of Whole only needs 100 members to amend legislation before sending back to floor for vote

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Member drops bill into hopper.

Bill goes to floor of House for debate, amending, and vote.

Speaker sends bill to appropriate committee for study.

5.2

Bill is put onto the appropriate

House calendar.

Bill goes to

Rules

Committee.

Bill is put onto

Discharge calendar to force it out of committee.

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cloture a procedure that allows each senator to speak only

1 hour on a bill under debate filibuster a method of defeating a bill in the Senate by stalling the legislative process and preventing a vote

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president pro tempore the Senate member who stands in as president of the

Senate in the absence of the vice president

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The Senate at Work

Atmosphere smaller chamber than House; very informal and more flexible than House; unlimited debate; few rules;

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Vice-President may recognize members; put questions to a vote; may not take part in debates; may vote as tie breaker;

President pro tempore presides when VP absent influences Senate through personal contacts

Leadership

Majority plans Senate work attend important

Minority party members develops schedule and agenda, makes sure criticisms of majority party’s bills, tries to make their own sessions, organizes senators work party support on together; key bills; assisted assisted by by whips whips

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Lawmaking

Any member may introduce a bill; senate leaders control flow of bills, there is no rules committee; only 2 calendars: General Orders – lists all bills for consideration and Executive – treaties and nominations; bills come to floor by unanimous consent (agreement of any rules before bill reaches floor); lack of rules encourage Senators to express their ideas.

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Filibuster since Senate has unlimited debate, senators may use the filibuster to stall a bill and delay or eliminate a vote; can be stopped by cloture (usually difficult); not as powerful as once was due to new

Senate rules; Strom Thurmond, D, SC longest filibuster (24 hrs. 18 min at age 57)

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Speaker of the

House presides and controls who speaks; formal atmosphere; five calendars; many ways to delay or block bills

Members introduce bills; majority leaders control flow of bills to committees and to floor for debate and vote; minority leaders develop strategies to oppose or amend majority party bills.

Vice president or president pro tempore presides but cannot vote unless to break a tie; informal atmosphere; only two calendars; few ways to block bills, for example, filibuster

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The Legislative Branch

CONGRESSIONAL

COMMITTEES

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conference committee a temporary joint committee set up when the House and

Senate have passed different versions of the same bill joint committee a committee of the House and the Senate that usually acts as a study group and reports its findings back to the House and the Senate

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select committee a temporary committee formed to study one specific issue and report its findings to the Senate or the House

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standing committee a permanent committee in Congress that oversees bills that deal with certain kinds of issues subcommittee a group within a standing committee that specializes in a subcategory of its standing committee's responsibility

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Purposes of Committees: found in both House and

Senate; ease the workload; key power centers; lawmakers are able to become specialist; committees decide which bills receive further consideration; allow public to learn about key issues facing nation; majority party writes the rules and controls the standing committees

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Standing deal with large issues that affect the nation,

Subcommittee specializes in subcategory of standing committee’s business

Select study a specific issue and report findings to House or Senate

Joint

Conference act as study groups that report findings to both houses resolve differences between House and

Senate versions of a single bill

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Choosing Committee Members

Importance membership on some committees can increase a lawmaker’s chance for reelection membership on some committees ensure that the lawmaker will be able to influence national policy

Assignment membership on some committees enable a member to exert influence over other members assignments made by each political party; members may request assignments, each may only serve on a limited number of committees; most prestigious in House – Rules,

Ways and means and Appropriations; Senate – Foreign

Relations, finance and Appropriations

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Choosing Committee Members

Role chairpersons of each committee are the most powerful members of Congress making key decisions, which bills to consider, hiring staff, deciding when hearing are held, managing floor debates; legislative Reorganization Act of

1970 made committees more democratic

Seniority Systems member of the majority party with the longest uninterrupted service on a particular committee is traditionally selected as chairperson; criticism lead to changes to seniority system, chairman selected by secret ballot and chairpersons cannot hold positions for more than

3 consecutive terms.

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The Legislative Branch

CONGRESSIONAL

POWERS

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appropriations bill a proposed law to authorize spending money

6.1

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6.1

revenue bill a law proposed to raise money privilege

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6.1

Limitations to Congressional Powers: Congress uses elastic clause when needed; SCOTUS often rules on if Congress has overstepped; limited by Bill of

Rights; may not: suspend writ of habeas corpus (a court order to release criminals); bills of attainder

(pass laws limiting right to a trial); ex post facto laws

(making crimes of acts that were legal when committed)

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6.1

Legislative Powers of Congress

Powers

The Taxing and

Spending Power

Examples authorize revenue and appropriations bills

Other Money

Powers sell gov. securities; coin/regulate money; punish counterfeiters; establish standard weights and measures regulate foreign and interstate commerce The Commerce

Power

Foreign Policy

Powers

Providing for the

Nation’s Growth approve treaties; declare war; create and maintain army and navy; make rules governing land and naval forces naturalize citizens; admit new states; pass laws for territories; pass laws to govern federal property

Other Legislative grant copyrights and patents; establish a post office

Powers and federal courts

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6.1

Non-legislative Powers of Congress

Powers

Choose a

President

How They Work

If no candidate for pres has a majority of electoral votes,

House chooses the president from the three candidates with the most electoral votes.

Removal

Power

House has power over impeachment; if a majority of

House votes are for impeachment, goes to the Senate for trial; 2/3vote of those present is required for conviction.

Confirmation

Power

Senate approves presidential appointments of federal officials, like cabinet positions, regulatory agencies, diplomatic and military posts, and the federal judiciary.

Ratification

Power

Senate has the power to ratify treaties between the U.S. and other nations. To ratify a treaty, two-thirds of the senators present must vote in favor of it.

Amendment

Power

Congress and state legislatures share the power to propose amendments.

The Legislative Branch

HOW A BILL

BECOMES A LAW

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Quick Review

6.1

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pocket veto when a president kills a bill passed during the last 10 days Congress is in session by simply refusing to act on it private bill a bill dealing with individual people or places

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public bill a bill dealing with general matters and applying to the entire nation

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rider a provision included in a bill on a subject other than the one covered in the bill veto rejection of a bill

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Types of Bills and Resolutions

Resolutions

In addition to public and private bills congress may pass resolutions to deal with unusual or temporary matters; simple involve only one house of congress and do not have the force of law

Concurrent Resolutions

Covers matters requiring action by both House and

Senate but on which a law is not needed; like setting date for adjournment of Congress

Joint Resolutions

Passed by both houses with the president’s signature has the force of law; may correct errors or appropriate money or used to propose amendments

Riders

An unrelated provision attached to a popular bill that has passed the House; Senate has no germaness requirement

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Introducing a Bill

How Bills are Introduced – may be proposed or written by interest groups, congresspersons, their staff, executive branch, can only be introduced by congressperson

Committee Action –new bills sent to corresponding committee; where it can be pigeonholed, recommend adoption, markup or rewrite

Committee Hearings – witnesses may include experts or interested individuals; may be short or long; may be used to influence public opinion

Markup Session – after meetings, members meet to decide what changes, if any to make to a bill

Reporting a Bill – after all hearings and markup, committee votes to kill or report a bill – report is to send to the floor for vote

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Debating and Amending Bills

Floor Action

Voting on Bills

Second reading of a bill;

Few members are usually present; amendments may be added to bills; amendment may be used to delay or kill the bill; amendments take a majority of members present

Quorum must be present; third reading of bill; takes a majority of members present to pass; house 3 voting methods – voice, standing, electronic;

Senate 3 methods – voice, standing, roll call

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Final Steps in Passing Bills

Conference Committee Action used when a similar bill is passed by both – used to work out differences

Presidential Action on Bills – sign, hold for 10 days

(becomes law without signature or veto

Vetoing Bills – refuse to sign sending it back to Congress or pocket veto (kills bill since no time for overrride)

Congressional Override of Veto – Congress can override with 2/3 vote in both houses, usually a difficult process

Line-Item Veto – may veto just a portion of a bill

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Sponsoring a Bill

You are the newly elected representative of the Glynn

Academy District.

You want to help your constituents, namely the students, faculty and staff of Glynn Academy.

Usually ideas for bills start with some kind of problem that lawmakers hope a law can solve.

Think of a problem here at Glynn Academy that needs solving

Use the following template to put your idea into the format of a bill

Problem:

Solution Ideas:

Who benefits:

Fiscal Impacts:

Title: (which category)

Georgia Titles

TITLE 1. GENERAL PROVISIONS

TITLE 2. AGRICULTURE

TITLE 3. ALCOHOLIC BEVERAGES

TITLE 4. ANIMALS

TITLE 5. APPEAL AND ERROR

TITLE 6. AVIATION

TITLE 7. BANKING AND FINANCE

TITLE 8. BUILDINGS AND HOUSING

TITLE 9. CIVIL PRACTICE

TITLE 10. COMMERCE AND TRADE

TITLE 11. COMMERCIAL CODE

TITLE 12. CONSERVATION AND NATURAL RESOURCES

TITLE 13. CONTRACTS

TITLE 14. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

TITLE 15. COURTS

TITLE 16. CRIMES AND OFFENSES

TITLE 17. CRIMINAL PROCEDURE

TITLE 18. DEBTOR AND CREDITOR

TITLE 19. DOMESTIC RELATIONS

TITLE 20. EDUCATION

TITLE 21. ELECTIONS

TITLE 22. EMINENT DOMAIN

TITLE 23. EQUITY

TITLE 24. EVIDENCE

TITLE 25. FIRE PROTECTION AND SAFETY

TITLE 26. FOOD, DRUGS, AND COSMETICS

TITLE 27. GAME AND FISH

TITLE 28. GENERAL ASSEMBLY

TITLE 29. GUARDIAN AND WARD

TITLE 30. HANDICAPPED PERSONS

TITLE 31. HEALTH

TITLE 32. HIGHWAYS, BRIDGES, AND FERRIES

TITLE 33. INSURANCE

TITLE 34. LABOR AND INDUSTRIAL RELATIONS

TITLE 35. LAW ENFORCEMENT OFFICERS AND AGENCIES

TITLE 36. LOCAL GOVERNMENT

TITLE 37. MENTAL HEALTH

TITLE 38. MILITARY, EMERGENCY MANAGEMENT, AND

VETERANS AFFAIRS

TITLE 39. MINORS

TITLE 40. MOTOR VEHICLES AND TRAFFIC

TITLE 41. NUISANCES

TITLE 42. PENAL INSTITUTIONS

TITLE 43. PROFESSIONS AND BUSINESSES

TITLE 44. PROPERTY

TITLE 45. PUBLIC OFFICERS AND EMPLOYEES

TITLE 46. PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

TITLE 47. RETIREMENT AND PENSIONS

TITLE 48. REVENUE AND TAXATION

TITLE 49. SOCIAL SERVICES

TITLE 50. STATE GOVERNMENT

TITLE 51. TORTS

TITLE 52. WATERS OF THE STATE, PORTS, AND WATERCRAFT

TITLE 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Find others with the same Title

(category) as you.

Work as a committee to rewrite/recommend a bill

Three circumstances that result in a bill’s failing to become a law:

It can fail to be voted out of committee;

it can be stopped by the Rules

Committee;

a Senate filibuster can force the majority of the Senate to abandon the bill

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How A Bill Becomes A Law

Cut out the squares to be used to fill in the blanks

Glue down as we review the steps

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Why is the politician hiding behind a wall of sandbags?

What is used to represent sandbags, and why did the cartoonist choose to construct the bunker of these?

Why is the politician compared to a soldier in battle?

How does the cartoon reflect the attitude of the politician toward

U.S. voters?

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