The Legislative Branch

Unit 4AAP Government

Important Terms and Concepts

• Read your textbook carefully• Terms are VERY important this

unit!

The Makeup of Legislative Branch

• The Great Compromise provided the necessary vision to insure that the new legislature was accepted by the new country– A bicameral legislative branch of government was

created • The upper house is called the Senate in which

each state receives two representatives. – 100 total

• The lower house is called the House of Representatives which is apportioned by population. – 435 total

Qualifications for Congress

House• 25 years old• US Citizen for 7

years • Be a resident of

the District you represent

Senate• 30 years old• US Citizen for 9

years• Be a resident of

the state you represent

Which Branch is the ‘Most’ Powerful??

• The framers of the U.S Constitution placed Congress at the center of the government.– Article I

• In the early years of the republic Congress held the bulk of power.

• Today, the presidency has become quite powerful particularly since FDR. – Congress sometimes responds to

executive branch legislative proposals.

Congressional Terms• Senators have a 6 year term with 1/3 of

the seats up for reelection every two years.• House members serve 2 year terms and

must be re-elected every general election.

Legislative Powers

Under ARTICLES CONGRESS LACKED POWER TO:

After CONSTITUTION TO CONGRESS HAD POWER TO :

1.2.3.4.5.6.

1.2.3.4.5.6.7.8.9.10.11.12.

Under ARTICLES CONGRESS LACKED POWER TO:

After CONSTITUTION TO CONGRESS HAD POWER TO :

1. Provide for effective treaty-making power and control foreign relations; it could not compel states to respect treaties.

2. Compel states to meet military quotas; it could not draft soldiers.

3. Regulate interstate and foreign commerce; it left each state free to set up its own tariff system.

4. Collect taxes directly from the people; it had to rely on states to collect and forward taxes.

5. Compel states to pay their share of government costs.

6. Provide and maintain a sound monetary system or issue paper money; this was left up to the states, and monies in circulation differed tremendously in value.

1. Declare war and make peace.2. Enter into treaties and alliances.3. Establish and control armed forces.4. Requisition men and money from states.5. Regulate coinage.6. Borrow money and issue bills of credit.7. Fix uniform standards of weight and

measurement.8. Create admiralty courts.9. Create a postal system.10. Regulate Indian affairs.11. Guarantee citizens of each state the

rights and privileges of citizens in the several states when in another state.

12. Adjudicate disputes between states on state petition.

Powers ofCongress

Taxation

Lawmaking DeclareWar

Regulate Commerce

SpendMoney

CreateCourts

Make all laws "necessary and proper" to carrying out

the enumerated powers

Power of the Incumbency

• 92% of House members have won reelection since 1946

• Members of the Senate are also likely to win reelection although less likely than the House– 75% since 1946

• Incumbent Advantages– Greater name recognition– Easier to raise money; about 75% of contributions goes to

incumbents– Discourages challengers– Franking privilege - free mail to constituents

• Disadvantages– Unpopular President means his entire party suffers– Challengers with deep pockets– Voters sometimes like “outsiders”

Organization of Congress

Organization of Congress• Every two years, a new Congressional “term” begins.

– 114th Congress was sworn in Jan. 2015• Session 1 of 114th Congress = 2015• Session 2 of 114th Congressional term = 2016• Session 1 of 115th Congressional term will be…

• Congress opens each new term in January after election day– The first order of business is the election of leaders and

adoption of new rules. • Both houses of Congress are organized by party

for both leadership and committee purposes.– CONGRESS IS VERY PARTISAN!

Key Differences Between the Two Houses

House • Initiate revenue

bills- $$$$• Budget bills- all

money bills start in House

• Formal• Many rules• Rules Committee

very powerful• Congressmen become

specialists in one major area

Senate • Foreign policy

experts• Offers “advise and

consent” for presidential nominees

• Relaxed• Less rules• No Rules

Committee• Senators become

generalists and become ‘experts’ in several key areas

The Party Caucus• Gathering of all the members of

each party in each house of Congress

• Responsibilities– Select party leaders– Assign party members to committees– Set policy goals

The Committee System • Real work of Congress

is done by committees & subcommittees

• Committees have historically been of the same ratio of party members as each house

• The ratio of committee assignments SHOULD be the same as in the entire House and/or Senate

Types of House Committees

• The House has four types of committees•Standing (or permanent)

committees•Special (select) committees (temp.

purpose)•Joint (or conference) committees•And a Committee of the Whole

Standing House Committees

• These traditional “permanent” House panels are identified in House Rule X, which also lists the jurisdiction of each committee.

• Because they have legislative jurisdiction, standing committees consider bills and issues and recommend measures for consideration by the full House. – They also have oversight responsibility to

monitor agencies, programs, and activities within their jurisdictions.

Special or Select House Committees

• These committees have issue-specific jurisdictions, functions and responsibilities that are set forth in the House Rules.

• These committees are frequently created for a finite time period.

House CommitteesStanding Committees

Committee on Agriculture *Committee on Appropriations ($ projects)Committee on Armed Services Committee on the Budget Committee on Education and the Workforce Committee on Energy and Commerce Committee on Financial Services Committee on Government Reform Committee on Homeland Security Committee on House Administration Committee on International Relations Committee on the Judiciary Committee on Resources *Committee on Rules (runs the House)Committee on Science Committee on Small Business Committee on Standards of Official Conduct Committee on Transportation and Infrastructure Committee on Veterans' Affairs *Committee on Ways and Means (taxes)

Special, Select, and Other

House Permanent Select Committee on Intelligence Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina

• Joint

Joint Economic Committee Joint Committee on Printing Joint Committee on Taxation

Committee of the Whole• This most important committee is

composed of all House Members and is created to expedite the consideration of bills, other measures and amendments on the floor of the House. – In the Committee of the Whole, a quorum is 100

Members (as compared to 218 in the House) and debate on amendments is conducted under the five-minute rule (as compared to the hour rule in the House), following general debate.

• When the House is sitting as the Committee of the Whole, following debate, they report the legislation (w/amendments) to the House for an up or down vote.

Types of Senate Committees

• The Senate has three types of committees•Standing committees•Select (or special) committees•and joint committees

Senate Standing Committees• Senate standing committees are permanent

bodies with specific responsibilities spelled out in the Senate's official rules.

• For purposes of member assignment, Senate committees are divided, according to relative importance, into three categories

• Class A, Class B, and Class C. – Senators are limited to service on two Class A

committees and one Class B committee. – Assignment to Class C committees is made without

reference to a member's service on any other panels.

Special (and Select) Senate Committees

• Select and special Senate committees fall into either the Class B or the Class C category.

• They are created for clearly specified purposes and, although those that currently exist are now considered permanent, they did not necessarily enjoy that status at their inception. – Special investigating committees, such as

the 1973 Select Committee to Investigate Presidential Campaign Activities (the Watergate Committee), expire after they submit their final report to the Senate.

Senate Committees• Standing Committees

Agriculture, Nutrition, and Forestry *Appropriations ($ projects)Armed Services Banking, Housing, and Urban Affairs Budget Commerce, Science, and Transportation Energy and Natural Resources Environment and Public Works *Finance (money)*Foreign Relations (treaties)Health, Education, Labor, and Pensions Homeland Security and Governmental Affairs *Judiciary (approves judges)Rules and Administration Small Business and Entrepreneurship Veterans Affairs

• Special, Select, and Other Indian Affairs Select Committee on Ethics Select Committee on Intelligence Special Committee on Aging

• Joint Joint Committee on Printing Joint Committee on Taxation Joint Committee on the Library Joint Economic Committee

Former President Pro Temp Ted Stevens (R-AK)

and his $223 Million dollar “Bridge to Nowhere”

And his $500K “Salmon-Thirty-Salmon ”

Two Pork Barrel- Earmarks

for Alaska

Joint Committees• These committees are composed of

Members from both the House and the Senate.

• The most important job of the joint or conference committee is to smooth out differences between versions of the same bill before it goes to the President for his signature

How a Bill Becomes a Law

Lawmaking• The most important constitutional power

of Congress is the power to make laws. – This power is shared by the House and

the Senate. • In order to become a law, a bill must be

passed by both the House and the Senate.

Lawmaking• Anyone can write a bill

– However, only a member of the House or Senate may introduce a bill.

• A bill must survive three stages to become a law: 1.Committees2.The floor3.The conference committee.

• Over 9,000 bills are proposed and fewer than 5 are typically enacted.

• A bill can die at any stage AND MOST DO!!!

How a Bill Becomes a LawThe Process:

1. Introduced to House (or Senate)

2. Assigned to committee by Leader or Speaker

3. Assigned to subcommittee-

-Most bills die in committee

4. Returns to floor with report by committee

-Debate of bill5. Passes or fails on floor6. On to other House with

same schedule

7. If both house pass bill, they are likely different versions so the 2 bills go to-Conference Committee

8. If the Conference Committee agrees then the new bill goes to both Houses for one final approval-Many bills die here, too!

9. But…if both chambers approve it goes to the President

10. He can-Sign it into law-Let it become law (if Congress is in session)-Veto it-Pocket veto (if Congress is not in session)

11. Congress can override presidential veto with a 2/3 vote of each house

How Does Congress Make Decisions on Bills?

Congress

Colleagues

Constituents Staff

CaucusesParty

Interest Groups

Political Action Committees

The Filibuster• Minority party tactic to “talk a bill to death” • Only allowed in the Senate NOT the

House – From a Dutch word meaning “pirate”

• Under Senate rules, the speech need not be relevant to the topic under discussion– There have been cases in which a senator has

undertaken part of a speech by reading from a phone book

• To stop a filibuster or apply cloture:– 16 Senators must sign a petition– 60 votes to end debate

Fun Filibusters Facts• They used to call it 'taking to the diaper,' a phrase that referred to “the preparation” undertaken by a prudent senator before an extended filibuster

• Longest filibuster on record– 1957 when Sen. Strom

Thurmond talked for more than 24 hours to kill a civil rights bill

• Strom Thurmond visited a steam room before his filibuster in order to dehydrate himself so he could drink without urinating. – An aide stood by

in the cloakroom with a pail in case of emergency. ...Yikes!

Interesting Statistics ofthe 110th Congress

110th US Congress House of Reps

Interesting House StatsBreakdown by Party

•Democrats 232•Republicans 202**presently 201 because of the death of Charlie Norwood of GA

• Religion– The House includes

one Muslim, two Buddhists, and 30 Jews.

• Race– There are 42 African-

Americans (including two non-voting delegates), and 74 female Representatives.

– There are also 27 Hispanics, 4 Asian & Pacific Islanders, and 1 Native American.

• Age– The oldest Member in

2007 is Ralph Hall, at 83 years old, and the youngest is Patrick T. McHenry, at 32 years old.

110th US Senate

Interesting Senate Stats

Breakdown by PartyDemocratic Party 49Republican Party 49Independents 2 **Joe Lieberman and Bernie Sanders both caucus with the Democrats

• Gender– There are 16 female

senators — the most women ever serving in the same Senate.

• Ethnicity– There are 13 Jews, 3

Hispanics, 2 Asian Americans, 1 senator of Arab descent (half), and 1 African-American. One Senator is a naturalized citizen from (Cuba).

• Age– The average age of the

Senate is 62 years 2007 – The oldest Senator in

2007 is Robert Byrd, at 89 years old, and the youngest is John Sununu, at 43 years old.

Congressional LeadershipOffices to Know

• Speaker of the House

• House Majority Leader

• House Minority Leader

• House Majority Whip• House Minority

Whip

•President of the Senate•President Pro Tempore of the Senate•Senate Majority Leader•Senate Minority Leader•Senate Majority Whip•Senate Minority Whip

•For Unit Test- What do they do? What are the official jobs of each leadership position?

Roles of Speaker of the House

• The speaker is the principal leader of the House or Assembly.

• The speaker typically will – (1) preside over the daily sessions of the House– (2) preserve order in the chamber– (3) state parliamentary motions– (4) rule on parliamentary questions– (5) appoint committee chairs and members– (6) refer bills to committee– (7) sign legislation, writs and warrants– (8) act as the official spokesman for the House

or Assembly.

The Role of House Majority Leader

• The role of the majority leader has been defined by history and tradition. – Schedules legislation for floor

consideration– Plans the daily, weekly, and annual

legislative agendas– Consults with Members to gauge

party sentiment– Works to advance the goals of the

majority party

House Minority Leader• John Boehner• (R-Ohio)• born 1949• House since 1990• Selected for

position in January 2007

• (Former Majority Leader)

House Minority Leader Duties

• The minority leader is the principal leader of the minority caucus.

• The minority leader is responsible for – (1) developing the minority position– (2) negotiating with the majority

party– (3) directing minority caucus

activities on the chamber floor – (4) leading debate for the minority

House Majority Whip Duties

• The duties of the majority whip are to: – (1) assist the floor leader – (2) ensure member attendance– (3) count votes – (4) generally communicate the

majority position

Minority Whip Duties• The major responsibilities for the

minority whip are to – (1) assist the minority leader on the

floor– (2) count votes – (3) ensure attendance of minority

party members

President of the Senate• The Vice President of the United States

is the President of the Senate. • He is a non-voting member unless a

vote of the Senate ends in a tie, in which case the Vice President casts the deciding vote. – The Constitution understands that the Vice

President will not always be available and provides for a President pro tempore (literally, a temporary president)

President Pro Tempore of the Senate

• The President pro tempore is elected by the Senate– By custom, he is the most senior

senator in the majority party– The position of President pro tempore

is primarily honorary, and does not carry significant political power

Senate Majority Leader• Leads the majority party in the Senate• Manages and schedules the legislative

and executive business of the Senate • In practice the Senate Majority leader is

a highly influential figure and usually has a great deal of power over what legislation is approved by the Senate. – Has authority over other officials such as

Senate whips and floor leaders

Senate Minority Leader• Elected as the leader of the

minority party– Serves as the chief Senate

spokesperson for his or her party • Helps to manage and schedule the

legislative and executive business of the Senate.

Senate Majority Whip

• The second ranking member of the Senate • The main function of the Majority Whip is

to gather votes on major issues.

Senate Minority Whip

• The fourth ranking member of the Senate • The main function of the Minority Whip is

to gather votes on major issues among members of the minority party.