The Legislative Branch

I. Congress

A. Legislative Branch of National GovernmentB. Established in Article I of the Constitution C. Bicameral – two houses

1. House of Representatives 2. Senate

D. Devise and pass legislation (make laws)1. Legislation – laws

E. Primary responsibility is to represent their constituents –residents of a district represented by an elected official.1. Citizens should share their views with their representatives, so that

representatives’ views reflect the views of their constituents. 2. Congressmen represent constituents by voting for or against bills that are

important to the citizens of their districts

II. What does Congress do?

A. Enumerated Powers – powers given to congress that are listed in the Constitution

1. Control Budget 2. Regulate interstate

commerce3. Coin Money 4. Levy taxes5. Establish Federal courts

inferior to Supreme Court6. Raise and Maintain the

Armed Forces7. Declare War 8. Establish Post Office, etc.

B. Implied Powers – powers of Congress not listed in the Constitution but which are deemed “necessary and proper”1. Necessary and Proper Clause

(“elastic clause”)2. Article I, Section 8 3. Grants Congress the power to

“make all laws which shall be necessary and proper for carrying into execution the foregoing powers.”

U.S. House of Representatives

III. U.S. House of Representatives

A. The “people’s house”B. 435 membersC. # of representatives from

each state is determined by population1. Indiana has 92. California has 53

D. Census taken every 10 years to determine distribution of Reps.

E. $174,000 per year

IV. Duties of the House of Representatives

A. Exclusive powers to the House as granted by the Framers 1. Power to initiate revenue bills 2. Vote to impeach officials

i. Impeach – to charge an official with a crimeii. not removal from office

3. Elect the president in electoral college deadlocks

V. Requirements for Representatives

A. Article I, Section IIB. 25 years old C. US citizen for at least 7 yearsD. Must be resident of the state that

he/she is elected to represent at the time of election

E. 2 year term F. Can run indefinitely

VI. House Leadership

A. Speaker of the House 1. “Second most powerful person in

Washington” 2. Presiding officer of the House 3. Voted in by the members of the House

i. Member of the majority party 4. Right to speak first 5. Power to recognize members 6. Indirectly determines what bills are brought

to the floor i. Selects members of House Rules

Committee who control the scheduling of bills for debate

7. Next in line behind VP to become President 8. $223,500 per year

Current Speaker of the House John Boehner

U.S. Senate

VII. U.S. Senate

A. The “upper house”

B. 100 members

C. Equal representation

1. 2 from each state

D. $174,000 per year

Old Senate Chamber

VIII. U.S. Senate Duties

A. Make laws, represent constituents

B. Exclusive duties of Senate1. Ratifies foreign treaties by a

2/3 vote2. Confirms presidential

appointments for judges, ambassadors, cabinet members, etc.

3. Power to conduct impeachment trials against President, judges, etc. i. 2/3 vote needed for

conviction

IX. Requirements for Senators

A. Article 1, Section IIIB. 30 years old

1. 4 underage senators have been elected

C. U.S. citizen for at least 9 years

D. Must be resident of the state which he was elected to at the time of election

E. 6 year termF. Elections come up every 2

years1. 1/3 of the Senate is up for

reelection every 2 years

X. Senate Leadership

A. Vice President 1. Presides over the Senate

(performing duties such as announcing the results of votes and announcing who may speak), holds the tie breaking vote (if there is a 50/50 split)

B. President Pro Tempore (“Pro Tem”)1. Presides over the Senate in the

VP’s absence 2. Usually the most senior

member of the majority party

Vice President Joe Biden

President Pro Tem Patrick Leahy (D-VT)

XI. U.S. Senate

A. No Rules Committee or Speaker like the house

B. Bills are subject to unlimited debate 1. Filibuster - a tactic where by a minority of Senators

prevent a bill from coming to a vote by talking until other senators give in and the bill is withdrawn i. Strom Thurmond once spoke for 24 hours to block passage

of the Civil Rights Act of 1957

2. Cloture – limits debate to 30 hours, a 3/5 vote is neededi. In effect, all bills must pass the Senate with a 3/5 majority

or they can be blocked with filibuster

XII. Congress and the Committee System

A. Most work in both houses is conducted in committee 1. Committees draft, review,

analyze, and amend, and recommend legislation

2. Also divided into subcommittees

3. There are about 10,000 bills introduced in Congress in each 2 year session

4. Committees “kill” about 90% of all legislation

Congressional committees investigating the 9/11 attacks hear

from victims' families

Congress and the Committee System continued…

B. When a bill is introduced into the House or Senate it is assigned to a committee 1. The Senate has 16 standing committees 2. The House has 20 standing committees

C. Committees on Agriculture, Armed Services, Judiciary, Transportation, Budget, etc. 1. These committees are divided up even further into subcommittees 2. Representatives usually serve on two committees and Senator usually

serve on four3. Each party assigns its members to committees 4. The majority party will have the majority of seats in a particular

committee

XIII. Congressional SystemsArticle 1, Section 5

A. Required to meet once a year 1. Usually in session between 110-160 days a year

B. Both houses must have a quorum to do business 1. Over ½ of its members

2. “quorum calls”

C. Both houses must keep and publish a journal of their proceedings 1. The Congressional Record

2. http://www.gpoaccess.gov/crecord/

Legislative Checks and Balances – On Executive

Can override a presidential veto with a 2/3 vote

Can refuse Presidential appointments on ambassadors, judges, etc.

Can block treaties with a foreign nation (2/3 vote needed to ratify treaty)

Can Impeach the President Can choose the President in case

of an electoral college deadlock (House chooses the President, Senate chooses VP)

Withhold funding for Presidential programs

Legislative Checks and Balances – On Judicial

Can Impeach Federal Judges Can establish Federal Courts

lesser to the Supreme Court Can Block Presidential

Nominations for Judges Can set the number of justices

of the Supreme Court Can propose amendments to

override judicial decisions

Federalism The Legislative Branch in Indiana

The General Assembly – Bicameral – House and Senate – Part-time legislature

Meet from Jan to March/April

– The Same basic structure and organization as our National Congress

– Most laws we live under are state laws

Federalism The Legislative Branch in Valparaiso

City Council – Slightly different as they cannot pass laws, but

they can establish ordinances, city procedures, appropriate money

– 7 members