HOLT

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CIVICS IN PRACTICE
HOLT
Chapter 5
The Legislative Branch
Section 1:
Section 2:
Section 3:
Section 4:
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The Senate and the House of Representatives
How Congress Is Organized
The Powers of Congress
How a Bill Becomes a Law
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Section 1: The Senate and the House of Representatives
The Main Idea
Congress is divided into two houses, the Senate and the
House of Representatives, and its members have
certain qualifications.
Reading Focus
 What are the two houses of Congress?
 What are the qualifications, salaries, and rules of
conduct for members of Congress?
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Section 1: The Senate and the House of Representatives
Background Information
 Congress is bicameral
 Article I of US Constitution
 Historical—Parliament
 2 chamber house settled conflict between NJ
Plan and Virginia Plan (Connecticut
Compromise)
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The House of Representatives:
 Has 435 members
 Based on population (each state guaranteed 1)
 US Map of Congressional Districts / MO Map
 # set by Congress, not Constitution
 Reapportionment Act of 1929
 US territories have 1 non-voting representative
 Census determines how seats are apportioned

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Gerrymandering (Illinois) (NC)
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The House of Representatives Cont…
 Each state has # of reps as it does districts
 Elected to 2 year term (no term limits)
 Vacancies filled by Governor of that state
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US Senate
 100 members
 2 Senators from each state (50 x 2 = 100)
 6 year term
 Staggered (33-34 senators elected every 2 years)
 Continuous body
 No term limits
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Qualifications
 House of Representatives
 25 years old
 Be a US citizen for 7 years
 Be a legal resident of the state represented
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Qualifications
 Senate
 30 years old
 Be a US citizen for 9 years
 Be a legal resident of the state represented
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Salary and Benefits
 $174,000 salary
 Leaders get paid more
 Offices in DC
 Allowance for staff, local offices
 Free trips home
 Stationary allowance
 Franking privilege (free mail)
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Salary and Benefits Continued
 Immunity while Congress is in session
 Parking spots at airports
 2 gymnasiums, restaurant
 Health insurance
 Pension
 See the following sites for more information:
 http://usgovinfo.about.com/od/uscongress/a/congresspay.htm
 http://heller.house.gov/News/DocumentSingle.aspx?DocumentID=166596
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Section 1: The Senate and the House of Representatives
Rules of Conduct:
 Qualifications for a seat determined by vote of
Congress
 Misconduct:
 May lead to expulsion with a 2/3 vote
 May lead to censure
http://www.opencongress.org/wiki/Expulsion_and_censure
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SECTION 1
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Question: In what ways does Congress
deal with misconduct by its members?
Legislative Misconduct
HOW
Censure
Expulsion
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DESCRIPTION
written
reprimand
removing a member from
Congress
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Section 2: How Congress Is Organized
The Main Idea
Congress is organized in a way that allows its
members to consider and pass legislation
without each member having to do everything.
Reading Focus
 What are the terms and sessions of Congress?
 How is Congress organized?
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Section 2: How Congress Is Organized
Congressional Terms and Sessions
 Two sessions per term
 Sessions begin on January 3 each year
 Usually adjourn in August or September
 The president may call a special session when
necessary.
 Joint Session
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Section 2: How Congress Is Organized
Organization
 House of Representatives
 Presiding officer is the Speaker of the House
 Majority/Minority Leaders
 Party whips—persuade members to vote for
legislation
 Caucuses
 24 Committees
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Section 2: How Congress Is Organized
Organization
 Senate
 Vice president is President of the Senate
 President pro tempore
 “For the time being”
 Majority/Minority floor leaders
 Majority/ Minority floor whips
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 Senate has 20 committees
 Chairperson
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Section 2: How Congress Is Organized
Congressional Committees
 Study all bills before they are presented to Congress
 Members are nominated to committee assignments.
 Senators serve on at least two standing committees.
 Representatives serve on only two standing
committees.
 Standing committee membership is proportionate to
party majority in each house.
 Heads of Committee are now chosen by secret vote.
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Websites
 Congressional Leadership
 http://www.congress.org/congressorg/directory/leadership_list.tt


http://www.senate.gov/pagelayout/senators/a_three_sections_with_teasers/leadership.htm
http://www.house.gov/house/orgs_pub_hse_ldr_www.shtml
 Congressional Committees
 House
 http://www.house.gov/house/CommitteeWWW.shtml
 Senate
 http://www.senate.gov/pagelayout/committees/d_three_
sections_with_teasers/committees_home.htm
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SECTION 2
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Question: When does a session of Congress begin,
and how long does it last?
When Sessions Begin
The first session begins
January 3 in oddnumbered years following
the congressional election
in November. The second
session begins January 3 of
the following year.
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How Long They Last
Sessions last as long as
Congress wishes.
Adjournment dates are
selected by Congress.
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Section 3: The Powers of Congress
The Main Idea
The Constitution both defines and limits the
powers of Congress.
Reading Focus
 What types of powers are granted to Congress?
 What are some of the limits on the powers of
Congress?
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Section 3: The Powers of Congress
Delegated Powers
 Powers specifically listed in Constitution
 Raise and collect taxes
 Borrow Money
 Print and coin money
 Regulate trade w/foreign countries and among
the states
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Delegated Powers Cont…
 Declare war and maintain armed forces
 Set up a national court system
 Regulate immigration / naturalization
 Govern territories
 Provide for the admission of new states

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http://pmc.princeton.edu/powersofcongress.php
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Implied powers
 Necessary and proper clause (Art. 1 Sec. 8)
 “Power to make all laws necessary and proper…”
 AKA “Elastic Clause”
 Allows Congress to “stretch” its delegated powers
 McCulloch v. Maryland (1819)
 Ex: Military academies, Federal Reserve Act
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http://www.shmoop.com/legislative-branch/implied-powers-of-congress.html
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Impeachment Powers
 Impeach
 House of Representatives votes to impeach federal
official
 Senate tries official
 Treason: an act that betrays or endangers
one’s country
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Section 3: The Powers of Congress
The special powers of Congress:
 House of Representatives
 initiates bills to raise money
 elects president when no candidate receives sufficient
electoral votes
 Starts impeachment process
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The special powers of Congress:
 Senate
 Holds impeachment trials
 Selects vice president when no candidate has
sufficient electoral votes
 Approves treaties
 Approves high officials
 House is more active while Senate is more
cautious
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Section 3: The Powers of Congress
Congress is forbidden to: (p. 146)
 Pass ex post facto laws
 Pass bills of attainder
 Suspend writ of habeas corpus
 Tax exports
 Pass laws violating the Bill of Rights
 Favor one state over another state
 Grant titles of nobility
 Withdraw money without a law
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SECTION 3
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Question: What are the five major areas in
which Congress has the power to make laws?
financing
government
defending the
country
Congressional
Powers
providing for
growth
enforcing laws
regulating and encouraging
U.S. trade and industry
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Section 4: How a Bill Becomes a Law
The Main Idea
To become a law, a bill goes through a
multistage process involving both houses of
Congress.
Reading Focus
 How does a bill begin?
 How do the House and the Senate consider a bill?
 In what ways can the president act on the bill?
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How a bill begins
 A bill is a proposed law
 Can be introduced in either house
 Except appropriation bills
 Bills approving the spending of money
 A law was first a bill
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Section 4: How a Bill Becomes a Law
Sources of legislation:
 U.S. citizens—constituents making requests of their congress




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members
Organized groups—businesspeople and labor groups seeking to
protect their interests
Committees of Congress—investigating committees determine
needs for new laws
Members of Congress—experts in certain fields propose new
laws
The president—often introduces ideas for laws in the State of
the Union Address
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Section 4: How a Bill Becomes a Law
Bills introduced in House (p. 151)
 Are read and placed in the Congressional Record.
 Given a title and number
 Are sent to a standing committee to be studied.
 Committee recommends changes, approves
 Placed on the calendar for debate
 Speaker of the House decision
 House rules committee sets guidelines for debate
 Time, amendments
 Quorum needed for vote
 Vote taken
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Section 4: How a Bill Becomes a Law
Bills introduced in Senate (p. 151)
 Same as H of R action
 Debate
 Filibuster
 Cloture
 Bill sent to President
 House and Senate bills MUST be identical
 If not, sent to “Conference Committee” where members of both houses iron out
differences and send it back to each house for final vote
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Section 4: How a Bill Becomes a Law
President Acts on Bill
 Can do 3 things:
 sign the bill and declare it a law
 veto the bill and send it back to Congress
 hold the bill for 10 days
 Becomes a law if Congress in session
 “Pocket Veto”
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Section 4: How a Bill Becomes a Law
Overriding a Veto
 Requires 2/3 vote in each house
 Veto threat influences Congress
 http://clerk.house.gov/art_history/house_history/vetoes.html

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http://www.senate.gov/reference/reference_index_subjects/Vetoes_vrd.htm
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SECTION 4
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Question: What actions can the president
take regarding a passed bill?
If Congress is
in session, the
SIGNS THE BILL
BILL
BECOMES
LAW,
and it becomes law
The president
The president
ACTS on a Bill
KEEPS the BILL
for 10 DAYS
without signing or
vetoing it:
REFUSES TO SIGN and sends
back to Congress with rejection
reasons – called a VETO.
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even without a
signature.
If Congress is
not in session,
the bill is killed
by POCKET
VETO.
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Chapter 5 Wrap-Up
1. Why did the framers of the Constitution create a
bicameral national legislature?
2. What two methods does Congress have to deal with
misconduct by its members?
3. Who leads the houses of Congress, and how are these
leaders chosen?
4. Why is most of the work of Congress done through
committees?
5. What special powers does each house of Congress have?
6. How do bills become laws?
7. What can the president do with a bill passed by
Congress?
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