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Article 1: The Legislative Branch
The Constitution
There are 7 articlesArticle 1 addresses the Legislative BranchArticle 2 addresses the Executive BranchArticle 3 addresses the Judicial Branch
The Articles of the Constitution
Representatives from 12 states signed the Constitution on September 17, 1787
Ratification
The 2 branches of Congress are the House of Representatives and the Senate.
Apportionment: Calculation of the number of representatives for each state
Census: count of the people (every ten years)
Congress
RequirementsHouse of
Representatives
Senate
Age requirement
25 yrs. old
30 yrs. old
Residency requirement
Resident of State
Resident of State
Citizenship requirement
7 yrs. US citizen
9 yrs. US citizen
Length of Term
2 years(all up for election at the same time)
6 years(1/3 are up for
election at a time)
Each state guaranteed 1 representativeThe formula is 1 representative per 470,000
people
Representatives
If there is a vacancy in a state’s representation, the governor of that state calls a special election to fill the vacancy
Vacancy
Illinois Gov. Rod Blagojevich announces his choice of former Illinois Attorney General Roland Burris to fill President-elect Barack Obama's U.S. Senate seat Tuesday, Dec. 30, 2008, in Chicago.
U.S. House of Representatives
U.S. House of Representatives
Based on 2010 Census Data
GerrymanderingHistorically, state legislatures have abused their
power to divide the state congressional districts by gerrymandering
Gerrymandering: the political party that controls the state government draws boundaries to gain an advantage in elections.
Packing: include as many of the opposing party’s voters as possible.
Cracking: dividing an opponent’s voters into other districts.
Result: many districts are very irregularly shaped
U.S. House of Representatives
Based on 2010 Census Data
Punish piratesDeclare warRaise and create rules for army and navyCall up state militiasArm and discipline militiasEstablish a capitalEstablish laws that are necessary and proper (Elastic Clause)
Powers of Congress cont.
Power to lay and collect taxes (pays debts and provides for a common defense)
Power to borrow moneyRegulate trade (commerce)Make laws for naturalization and immigrationCoin moneySet standard weights and measuresEstablish post officesPunish counterfeitersIssue copyrights and patentsCreate lower federal courts under the Supreme
Court
Powers of Congress:
Habeas Corpus laws: a person cannot be held in jail without being formally charged
Bills of attainder: a person cannot be punished without benefit of a trial
Ex-post Facto Law: cannot pass a law that punishes an action that already took place, before the law was passed
The Congress cannot pass…
Enter into alliancesCoin moneyPass bills of attainderPass ex-post facto lawsGrant titles of nobilityTax imports or exportsKeep an armyDeclare war
States cannot…
No member of the House or Senate can serve in the executive or judicial branches while in office
All bills for raising revenue can only originate in the House of Representatives
Founding Fathers gave the power of the purse to the House of Representatives
Misc. Items:
How Does Congress Work?
PART TWO
The House itself chooses the Speaker of the House
The current speaker of the House is John Boehner a Republican
Majority leader of the Senate has a great deal of power
The current majority leader of the Senate is Harry Reid (Dem.)
Speaker of the House
The leader of the Senate is called the President of the Senate
The vice-president always fills this roleOnly votes to break a tieJoe Biden is the current President of the Senate
President of the Senate
A quorum is a simple majority (1/2 plus 1)
A quorum in the House of Reps is 218A quorum in the Senate is 51Need a quorum to conduct business If members of either house display disorderly
behavior, the house itself will deal with it.
Quorum
Wisconsin
Representation and Reapportionment
Census: population count every 10 yearsReapportionment: recalculate the number of
representatives each state will haveToday Congress limits the House to 435
Redistricting: setting up new district lines after reapportionmentUsually done by state legislatures
Some states have abused this powerSupreme Court: “One person-One vote”Each district contains: 670,000 people.
Members of CongressCharacteristics
Nearly half are lawyers
WhiteAverage age
62 Senate57 House
237 millionaires91 women (most in the House)
Incumbents: members already in office
AdvantagesFrankingName recognitionFund-raisingRe-districting
The House at WorkEach house of Congress has rules to help
members conduct businessThe House rules are geared toward moving
legislation quickly House debates rarely last more than one dayLeaders of the House have a great deal of
power
House LeadersSpeaker of the House:
most powerful position chosen by the majority party
Majority LeaderElected leader of the
party w/most seats
Minority LeaderElected leader of the
party w/2nd most seats
WhipsConvince members
to follow the party line when they are voting on an issue
House Leaders DutiesOrganize CommitteesUnify their respective partyAppoint committee headsControl the flow of legislationKeep in touch with the president
Lawmaking in the HouseAll laws begin as bills introduced in the
HouseBill: Proposed Law
After a bill is introduced the Speaker sends it to a committee for study, discussion, and reviewMost bills die here, only 10-20% make it outBills that survive are but on the calendar
The House Rules CommitteeTraffic Officer of the
HouseDirects the flow of
legislationMost powerful
Functions of the Rules CommitteeBills entered on a
CalendarToo many billsRules committee can
move bills ahead on the list
Set time limitsRestrict
amendments
QuorumMinimum number of members to conduct
business: House 218 majority
Committee of the Whole100 membersDebate billsReport findings back to the full House
The Senate at Work
Senate is more informal than the House More freedom to express their views Unlimited debate
Vice President: presiding officer Only votes in case of a tie Finds Senate work unchallenging and spends most of his
time on executive duties
President Pro-Temp Official leader (honorific) Senior senator from majority True leader: majority leader
Not as powerful as Speaker of the House Steers parties bills through the Senate
The Senate
Senate rules give tremendous power to individual senators
Filibuster: unlimited debate Hold: request for more timeCloture: ends filibuster
Need 60 votes
The longest speech in the history of the Senate was made by Strom Thurmond of South Carolina. Thurmond, a Democrat who later became a Republican, spoke for twenty-four hours and eighteen minutes during a filibuster against passage of the Civil Rights Act of 1957.
Committee System Standing Committees
Continue from one Congress to the next—bills referred here for consideration
Joint Committees Includes members from both houses of Congress,
conducts investigations or special studies Conference Committees
Joint committee created to iron out differences between Senate and House versions of a specific piece of legislation
Select (or special) Committees Temporary committee appointed for specific purpose,
such as conducting a special investigation or study
Committee MembershipMembers often seek assignments to
committees based onTheir own interests or expertiseA committee’s ability to help their prospects
for reelection Pork: legislation that allows representatives to
bring home the “bacon” to their districts in the form of public works programs, military bases, or other programs designed to benefit their districts directly.
Access to large campaign contributors
Committee ChairsThese individuals have tremendous power
and prestige.Authorized to select all subcommittee chairsCall meetingsRecommend majority members to sit on conference
committeesCan kill a bill by not scheduling hearings on itHave staff at their disposal
Seniority vs. loyalty to the party in the HouseSeniority still important in the SenateBoth chambers have term limits for chairs.
How a Bill Becomes a Law
- Most bills come from: -Executive Branch-Pressure Groups-Private Citizens
Bill: proposed law presented to the Senate or the House
Public Bills: Apply to the nation as a whole(taxes, gun control, abortion)
Private Bills: deal with individual people or places(claims against the gov. or immigration issues)
1. Idea for a bill (only members)
2. Standing Committee (House or Senate)-Most bills die here (pigeon holed)
3. House-debate (limited)-pass or defeat the bill-If the bill is passed it goes to the Senate
4. Senate-debate (unlimited)-pass or defeat the bill-If the bill is passed it goes to the President
5. President-Sign the bill (law)
-Veto law(2/3’s of the House and Senate must vote to
pass the bill to override the Presidents veto)
-Allow it to become a law by not doing anything(Pocket Veto: 10 days)
-If Congress adjourns its session within 10 days of submitting a bill, and the President does
nothing, it dies.