The Legislative

Branch

BicameralA legislative body with two

houses established by the

Constitution- Article I

modeled after the British Parliament

TermLength of time between elections in Congress

terms begin according to the

20th Amendment in JanuaryTerms are numbered consecutively

9, 10, 11,12, 13,…

1st Congress March 4, 1789

SessionFormal meetings in which members perform legislative work (each term divided into 2

sessions)

until WWII 4 month sessions

currently full year sessions with short recess

Congress ends Jan. 3

2011

CONSTITUENTS the people who are represented

CONTINUOUS BODY all seats are never up for election at the same time

Vocabulary

“I have come to the conclusion that one

useless man is called a disgrace, that two are

called a law firm, and that three or more become a

Congress.”

1776, A Musical Play

“It can probably be shown by facts & figures that there is

no distinctly native American criminal class except

Congress.”

Samuel L. Clemens

(Mark Twain)

If the opposite of pro is con, then the opposite of

progress must be Congress.

House of Representatives # of seats not fixed

apportioned distributed based

on population

serve 2 year terms without term

limitation

Reapportion Redistribute

–every 10 years Census

–435 is “permanent” size

•Congress can change size

Elections ALL re-elected

–even number years

House of Representatives

Districts

–drawn up to elect reps. to

House (Census)

Gerrymander

–to draw districts to give an

advantage to a political party

House of Representatives

*25 years of age

*U.S. Citizen for 7 years

*Inhabit state represented*can’t be arrested while in session unless

commit treason OR felony

custom dictates representative must live in

district

House Qualifications

Senate# of seats fixed by “C” 100

2 from each State

6 year terms

Represent entire State

NO DISTRICTS

Older membership -

House Senate House

Prestigious less members; tougher to get elected

HIGH media visibility

staggered terms 1/3 expire each year

Senate

Senate Qualifications

*30 years of age

*U.S. Citizen for 9 years

*Inhabit state represented

The Powers of Congress

Expressed

vs.

Implied

The Expressed Powers of Congress

Powers given by (written in)

the Constitution

NOT clearly defined; subject

to interpretation

Peace Powers

To collect taxes

To borrow money

To regulate trade

To coin money

To establish post

offices

To grant patents

and copyrights

To create courts

War Powers

To declare war

To raise and support armies

To provide and maintain a navy

To make laws governing land and

naval forces

Implied Powers

The Necessary and Proper Clause

“To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof.”

Implied Powers

Often called the “Elastic Clause” because it has allowed the Federal Government to stretch its powers.

Implied Powers

Examples

-…collect taxes --- IMPLIES the power to make tax evasion a crime and provide for its punishment

-... raise armies and a navy --- IMPLIES the power to draft men into the armed forces

-…regulate trade ---IMPLIES the power to fix minimum wages and maximum work hours

The Non-legislative Powers

Impeachment

–House has the sole power to impeach-bring charges against

–Senate has the sole power to judge an impeachment case

The Non-legislative Powers Constitutional Amendments

Electoral Duties– Election of a President by House, if no

majority from the electoral college– Each state receives one vote– Election of V-P by Senate, if no

majority from the electoral college

The Non-legislative Powers

Executive Powers

–confirmation of major appointments by the President

The Non-legislative Powers

Investigative Power

–Oversee operation of executive branch

–Expose questionable activities of public officials

Interest group

- a private organization that tries to “influence” lawmakers

Lobbying

- the activities of a person for a pressure or interest group, usually influencing lawmakers

The basic job of a lobbyist is to try to get a member of Congress to vote in a beneficial way toward the group

the lobbyist represents.

Congressional Voting Options

Trustee-

Members of Congress vote on issues “as they see fit.” They are not influenced by outside groups OR constituents

Congressional Voting Options

Delegate -

Member is an agent of those who elected them. Vote based on what “the folks back home” would want

Congressional Voting Options

Partisan -

Member owes 1st allegiance to their political party. Leading factor in influencing votes.

Congressional Voting Options

Politico -

tries to balance all three

Congressional Voting Options

Sellout -

gives in to the pressure put on by lobbyists, interest groups, & PACs

Congress OrganizesHouse of Representatives

Speaker of the House

– Maintains order in the House

– supposed to remain bipartisan in decision-making process

– elected by peers - from the majority party

Congress OrganizesHouse of Representatives

Majority Leader– top ranking official of the party with the

most members– assisted by the majority whip

Minority Leader– top ranking official of the party with the

least members– assisted by the minority whip

Senate

President of the Senate

– Vice President of the United States

– maintains order in the Senate

– supposed to remain bipartisan in decision-making process

Senate

President Pro Tempore

– performs the duties of the President of the Senate in his absence

– elected by his peers - from the majority party

Senate

Majority Leader– top ranking official of the party with the

most members– assisted by the majority whip

Minority Leader– top ranking official of the party with the

least members– assisted by the minority whip

House of Representatives

Speaker of the House

Nancy Pelosi-D CA

(John Boehner-R OH

Jan 3, 2011)

Majority Leader

Steny Hoyer-D MD

Minority Leader

John Boehner-R OH

Senate

President of the

Senate

Joe Biden-D (VP)

President Pro Tempore

Daniel Inouye-D HI

Majority Leader

Harry Reid-D NV

Minority Leader

Mitch McConnell-R KY

Committees in Congress

standing committees - permanent committees– each house has own committees– chairmen chosen by party leaders– majority party holds majority in committee

Committees in Congress

Joint committees – composed of members of both houses

House Standing Committees Agriculture Appropriations Armed Services Banking, Finance, and

Urban Affairs Budget District of Columbia Education and labor Energy and Commerce Foreign Affairs Government Operations House Administration Interior and Insular

Affairs

Judiciary Merchant marine and

Fisheries Post Office and Civil

Service Public Works and

Transportation Rules Science, Space and

Technology Small Business Standards of Official

Conduct Veterans’ Affairs Ways and Means

Senate Standing Committees Agriculture, Nutrition

and Forestry Appropriations Armed Services Banking, Housing, and

Urban Affairs Budget Commerce, Science,

and Transportation Energy and Natural

Resources

Environment and Public Works

Finance Foreign Relations Governmental Affairs Judiciary Labor and Human

Resources Rules and

Administration Small Business Veterans’ Affairs

Joint Committees of Congress

Economic Committee The Library Printing Taxation

How A Bill Becomes a Law

After a bill is introduced and

passed in one house it must go to the other for the same process.

Senate BillHouse Bill

1. Referred to a committee

2. Then to a subcommittee

3. Committee decides future

• recommend or decline

Floor Action

•Debate strict limitations

limited time to speak

must be about the bill

Vetoed bill

A bill may be presented

in either house

1. Referred to a committee

2. Then to a subcommittee

3. Committee decides future

• recommend or decline

Floor Action

•Debate no limitations

filibuster

“talk a bill to death”

Vetoed bill

PRESIDENTIAL ACTION

sign into law or veto