The Legislative BranchUS Government: Mrs. Lacks

The Legislative Branch Called the “first branch” (J. Madison) or

Peoples’ Branch Article 1 deals with the structure, powers,

and operation of Congress Comprised of Bicameral Congress

Senate: based on equality (2 reps from each state)

House of Representatives: based on population (from 1 to 53 from each state)

535 total legislators + 6 non-voting members

The Legislative Branch The Constitution is both highly specific

and extremely vague about the powers that Congress may exercise.

The first 17 clauses of Article I, Section 8, specify most of the enumerated powers of Congress – that is, powers expressly given to that body.

Constitutional Powers of Congress

The right to impose taxes and import tariffs (one of the most important of the domestic powers)

Borrow money Regulate interstate

commerce and international trade (one of he most important of the domestic powers)

Establish procedures for naturalizing citizens

Make laws regulating bankruptcies

Coin and print money and regulate its value

Establish standards of weights and measures

Punish counterfeiters

Establish post routes Regulate copyrights and

patents Establish the federal court

system Punish pirates and other

committing illegal acts on the high seas

Declare war (most important foreign policy power)

Raise and regulate an army and a navy

Call up and regulate the state militias to enforce laws, to suppress insurrections, and to repel invasions

Govern the District of Columbia

Constitutional Powers of CongressNecessary and Proper Clause (or elastic clause) – the power to make all laws which shall be necessary and proper for carrying into execution the powers of Article I and all other powers vested by this Constitution in the government of the United States, or any department or officer thereof. This clause sets the stage for a greatly

expanded role for the national government relative to the states.

Established by McCulloch v. Maryland (1803)

6 Functions of Congress 1. The Law-making Function – requires decisions

about the size of the federal budget, about healthcare reform and gun control, and about long term prospects for war or peace. Not all laws are initiated by Congress. Most of the

bills Congress acts on originate in the executive branch, and many other bills are traceable to interest groups and political party organizations.

Through the processes of compromise and logrolling (offering to support a fellow member’s bill in exchange for that member’s promise to support your bill in the future), as well as debate and discussion, backers of legislation attempt to fashion a winning majority coalition.

6 Functions of Congress 2. Service to Constituents – individual

members of Congress are expected by their constituents to act as brokers between private citizens and the federal government. Ombudsperson – a person who hears and

investigates complaints by private individuals against public officials or agencies

6 Functions of Congress 3. The Representation Function – generally,

representation means that the many competing interests in society should be represented in Congress. The Trustee View of Representation – MCs

should act as trustees of the broad interests of their entire society

The Delegate View of Representation—MCs should mirror the views of the majority of the constituents

Generally, most legislators combine both perspectives in a pragmatic mix.

6 Functions of Congress 4. The Oversight Function – the process by

which Congress follows up on the laws it has enacted to ensure that they are being enforced and administered in the way Congress intended.

6 Functions of Congress 5. The Public-Education Function

Educates the public about issues Decides what issues will come up for discussion

and decision -- agenda setting

6 Functions of Congress 6. The Conflict-Resolution Function –

Congress is commonly seen as an institution for resolving conflicts within American society.

Structure of the House Very hierarchal (definite chain of

command) MCs develop specialization of knowledge

from working on their specific committees

House Rules Amendments must be germane to the bill Time limits on debate (1hour per member) Rules committee – very powerful Usually more partisan bills Use of discharge petitions (after a committee

has had a bill for 30 days, any House member may petition to have it brought to the floor)

Structure of the Senate Loosely structured Majority and minority parties must share power No strict chain of command Each member is on multiple committees (less

development of knowledge specialization)

Senate Rules Offer any amendments to any bill Filibuster (talk to death) Unanimous consent agreements (with no

objections a bill can be passed without debate or vote)

The Legislative Branch

Current session: 114th Congress Convenes on January 3, 2015 Ends on January 3, 2017

What the Constitution says about the House of Representatives 2 year terms Candidate must be 25 years old, have lived in

the US for at least 7 yrs, and have lived in the district their representing for at least one year

Number of Reps per state varies based on population

Powers granted only to H of Reps: Have the power to impeach the President Have the authority to initiate all tax and revenue

bills Elects the President if no one gets 270 electoral

votes

House of Representatives Speaker of the House

2nd in Presidential line of succession behind VP Technically doesn’t have to be an elected

member of the House, but it always has been Elected on the first day of each new session of

Congress (he who receives a majority of votes wins; sworn in by Dean of the House, House’s longest-serving member)

Head of majority party Actively works to set his party’s legislative

agenda Currently John Boehner (R – OH)

House of Representatives House Majority & Minority Leaders

Floor leaders of their parties Don’t typically use these titles although the

media does… instead call themselves Republican Leader and Democratic Leader

Current Democratic (Minority) Leader: Nancy Pelosi (D – CA)

Current Republican (Majority) Leader: Kevin McCarthy (R – CA)

House of Representatives Majority & Minority Whip

Manages his party’s legislative program on the floor

Keeps track of potential # of votes Current Republican (Majority) Whip Steve

Scalise (R-LA) Current Democratic

(Minority) Whip, Steny Hoyer (D-MD)

House Standing Committees Committee on Agriculture Committee on Appropriations Committee on Armed Services Committee on the Budget Committee on Education and the

Workforce Committee on Energy and

Commerce Committee on Ethics Committee on Financial Services Committee on Foreign Affairs Committee on Homeland Security Committee on House Administration Committee on the Judiciary Committee on Natural Resources

Committee on Oversight and Government Reform

Committee on Rules Committee on Science, Space, and

Technology Committee on Small Business Committee on Transportation and

Infrastructure Committee on Veterans' Affairs Committee on Ways and Means Joint Economic Committee Joint Committee on Taxation House Permanent Select Committee

on Intelligence

House of Reps (246 Reps, 188 Dems)

Senate Six year terms Candidate must be at least 30 yrs old; US citizen for

14 yrs; live in state for 1 year 2 Senators for every state Created to guard against the “tyranny of the masses” originally appointed by state legislatures; 17th

Amendment changed this during the Progressive Era Powers granted only to the Senate:

Foreign policy; ratifies treaties Confirms presidential nominations (ambassadors, judges

– Federal & Supreme Court, cabinet members & leaders within bureaucracy – ex. Head of National Park Service)

Senate Vice President is the President of the

Senate Highest ranking member Only votes when there’s a tie Certifies votes of the Electoral College Presides over all joint sessions of Congress Currently VP Joe Biden (DE)

Senate President Pro-tempore – highest

ranking member of the Senate besides the Vice President Next in line, behind the Speaker of the

House, for the Presidency Rules on points of order, appoints

senators to committees, etc. Elected by Senate (typically most

senior member of the party in the majority)

Currently Patrick Leahy (VT); elected in 1975

Next probable: Orrin Hatch (R – UT); elected in 1977

Senate Senate Majority & Minority Leaders

Elected by their parties to be chief spokesperson

Manage the legislative and executive business of the Senate

Has priority to speak on the floor Minority Leader, Harry Reid (D – NV) Majority Leader, Mitch McConnell (R – KY)

Senate Senate Majority & Minority Whips

Gather votes on major issues Aka Assistant Majority & Minority

Leaders Current Minority Whip, Richard

Durbin (D – IL) Current Majority Whip, Jon Cronyn

(R – TX)

Senate Committees Standing

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 Health, Education, Labor, and Pensions Homeland Security and Governmental Affairs Judiciary Rules and Administration Small Business and Entrepreneurship Veterans' Affairs

Joint Joint Committee on Printing

Joint Committee on Taxation Joint Committee on the Library Joint Economic Committee

Special Impeachment Trial Committee

(Porteous) Indian Affairs Select Committee on Ethics Select Committee on Intelligence

Special Committee on Aging

US Senate (54 Reps, 44 Dems, 2 Ind)

The Legislative Branch Most (over 75%) Congressmen are

white, male, around 50 yrs old, upper or middle class, and Protestant

113th Congress: most diverse in history 100 women 43 African Americans (all but 1 in

House) 28 Latinos 7 LBGT members

The West Wing “The Stackhouse Filibuster”