The Legislative Branch
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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
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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
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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
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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
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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
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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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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
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You are the newly elected representative of the Glynn
Academy District.
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You want to help your constituents, namely the students, faculty and staff of Glynn Academy.
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Usually ideas for bills start with some kind of problem that lawmakers hope a law can solve.
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Think of a problem here at Glynn Academy that needs solving
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Use the following template to put your idea into the format of a bill
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
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Why is the politician hiding behind a wall of sandbags?
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What is used to represent sandbags, and why did the cartoonist choose to construct the bunker of these?
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Why is the politician compared to a soldier in battle?
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How does the cartoon reflect the attitude of the politician toward
U.S. voters?
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