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THE LEGISLATIVE BRANCHChapter 5
Focus
Agenda Members of Congress
Organization of Congress
Powers of Congress
Passing a Bill
Members of Congress (115th Congress)
There are two houses of Congress: House of
Representatives
Senate
This is called a Bi-cameral Legislature Established by Article I
Members: House of Representatives
435 members Limit on members
1789 = 65 Representatives
Each member represents a Congressional District Area of a state that includes
about 600,000 people Number of districts depend
on a state’s population
Members: House of Representatives
Every 10 years, Congress decides how districts will be apportioned or distributed by using the Census.
If a state’s population decreases State will lose seats
If a state’s population increases State will gain seats
Members: House of Representatives If a state loses or
gains seats, district lines need to be redrawn
Gerrymandering is the practice redrawing district lines to favor a person or political group.
Members: House of Representatives
Gerrymandering in the Animal Kingdom
Members: House of Representatives
Congressional elections are held on even years 2010, 2012…
Each term is two years
If a representative dies, the state governor calls a special election
Members: Senate 100 members
2 per state
1789 = 26 Senators
Senators represent whole state
Members: Senate
Elections are held on even numbered years 2010, 2012…
Each term is 6 years
If a Senator dies, the governor appoints a replacement until the next election
Members: House of Representatives Qualifications according to Article I of
Constitution:
Must be at least 25 years old
United States citizen for at least 7 years
Resident of the state represented
Members: Senate Qualifications according to Article I of the
Constitution:
Must be at least 30 years old
United States citizen for at least 9 years
Resident of the state represented
Members: Salary and Benefits Annual salary of $165,200.
Members have offices in the Capitol building and receive an allowance to pay staff
Member perks: Free trips of their home state The Franking Privilege is the right to mail
official letters and packages for free Immunity
Members: Rules of Conduct Rules of Conduct
Each house has its own written rules for conducting business
Constitution – Article I The House Rules and Manual and The
Senate Manual Example: In the Senate Manual, it talks about a
filibuster, or a method of delaying action on a bill by making long speeches
Members: Rules of Conduct Expulsion
If a member commits a serious offense, the member could be expelled from office.
Expulsion means that a person must give up their seat.
Examples of Expulsion Pennsylvania House of Representatives
Michael Myers (1980) and Raymond Lederer (1981 – actually resigned before vote of expulsion occurred) due to their involvement in accepting bribes.
Members: Rules of Conduct Censure
Less serious offenses may bring a vote of censure, or formal disapproval of a member’s actions.
A censured member must stand alone at the front of the House or Senate and listen as their charges are read.
Examples of Censure
Most Famous: Joseph McCarthy Charge – “failed to cooperate with the
Subcommittee on Rules and Administration", and "repeatedly abused the members who were trying to carry out assigned duties”
Most Recent: Charles Rangel
Charge – Ethics Rules violation, improper use of campaign contributions, and failure to report income when filing taxes
How Congress is Organized During a representatives TERM, they
serve the Sessions. A session starts on January 3rd (or first Monday after new year) and ends when it has finished its legislative work near the end of the year
A JOINT SESSION can occur between the House and Senate for special occasions. Example – Declaration of War or State of
the Union Address
Organization: Senate Constitution states that the Vice
President is the presiding officer over the Senate.
When the Vice President cannot make it, the President Pro Tempore presides.
Members of the Senate vote for the President Pro Tempore.
Organization: Senate Vice President and
President Pro Tempore are mainly symbolic.
Vice President Joe Biden
V.P. Elect Mike Pence
President Pro Tempore Orin Hatch (R)
Organization: Party Leaders and Whips
In each house, members of the majority and minority parties have a floor leader and a whip.
Floor leaders act as spokespersons for their parties.
Work to persuade members of both parties to vote for specific laws.
House of Representatives – Party Leaders
Senate – Party Leaders
Henry McCarty ( R ) Nancy Pelosi ( D )Majority Leader Minority Leader
Mitch McConnell (R) Chuck Schumer (D)Majority Leader Minority Leader
Organization: Party Leaders and Whips
Whips assist the floor leaders in communicating with party members.
“Whip” members into shape. Caucuses are
when/where political parties pick their leaders.
House of Representatives – Whips
Steve Scalise (R) Steny Hoyer (D)Senate – Whips
Jon Cornyn (R) Richard Durbin (D)
Organization: House of Representatives
Speaker of the House is the highest officer in the House of Representatives is called the
Elected by members of the House to make sure that everything runs smoothly
Member of the majority party
Party with less than half of the seats is called the MINORITY PARTY
Paul Ryan (R)
Organization: House of Representatives
Duties of the Speaker of the House Assign legislation to committees for
discussion and preparation Decide the legislative agenda for a session
of the House Decide when and who can speak on an
issue
Duties of the Speaker of the House Assign legislation to committees for
discussion and preparation Decide the legislative agenda for a session
of the House Decide when and who can speak on an
issue
Organization: Committees Congress divides itself into
different committees that focus on specific subject areas. Examples: Education,
Agriculture, Science, etc. Led by a chairperson
who guides and sets priorities for their committees.
Members are chosen by their political parties
Organization: Committees Committees have 3 main roles
Research specific subjects – holding hearings to get advice from experts
Write legislation – write laws that are related to their specific subject areas
Decide whether to send legislation to the floor – important enough for a vote
Organization: Committees There are four types of committees:
Standing Joint Select Conference
Organization: Committees Standing Committee
Permanent groups set up that are responsible for specific subject areas.
Divided into sub-committees
Examples Veterans Affairs Homeland Security Agriculture Education
Organization: Committees Joint Committee
Permanent committees made up of members of both houses
They investigate issues and make recommendations but don’t write bills.
Organization: Committees Select Committee
Committees created to study an issue or event
Examples: Energy
Independence and Global Warming
Organization: Committees Conference
Committee Committees
formed when the two houses can’t agree on the details of a bill
Powers of Congress: Expressed Powers
Expressed Powers Powers specifically stated in Article I of the
Constitution Examples
Decide how to raise money by setting taxes and borrowing funds
Decide how to spend money for the benefit of the nation Regulate commerce among states and foreign nations Declare war - Create an army/navy Coin money Regulate process of becoming a citizen Create post offices
Powers of Congress: Implied Powers Implied Powers
Powers the Constitution gives Congress that are not listed in detail.
The Constitution gives Congress the power to “make all laws which shall be necessary and proper”.
This is known as the Elastic Clause. Collect taxes – members
don’t go collect taxes directly. Created the IRS.
Powers of Congress: Special Powers
The Senate has four special powers: 1. Trials of impeachment are held in
Senate after the House impeaches an official
2. Senate chooses Vice President if no Vice Presidential candidate receives enough electoral votes.
3. Approve treaties with a 2/3 vote 4. Approve presidential appointments
Example - All federal judges/justices, diplomats/ambassadors, Department heads
Powers of Congress: Special Powers
Unique Powers of the House of Representatives Impeach, or formally
accuse of wrong-doing, government officials – most importantly, the President.
Choose the President if there is no majority in the Electoral College
Appropriation Bills = $$$$$
Powers of Congress: Limits on Power
Writ of Habeas Corpus Right to know what you
are tried for. Congress can’t take away due process except during civil war or invasion.
Cannot show favoritism or give titles of nobility.
Powers of Congress: Limits on Power No Ex Post Facto Laws
laws that make an act illegal, then allow the government to punish those who committed the act before it was made illegal.
No Bill of Attainder laws that provide for the
punishment of specific people or group of people without a trial.
Passing a Bill: Introduction Introduction of a Bill
– a bill is a proposed law) Any member of
either house can introduce a bill
Ideas for bills come from the President, businessmen, farmers, and ordinary citizens.
Passing a Bill: Introduction Bills can be introduced in
both houses. The only exception to this
rule is an Appropriations Bill, or one approving the spending of money, which must begin in the House of Representatives.
Process starts by a member sponsoring/introducing a bill (gives it to the clerk)
Passing a Bill: Committees Bill is sent to Committee
The Bill is sent to a standing committee. The subject of the bill determines which committee will receive the bill. The committee can decide
to: Make no changes to the bill Rewrite the bill Ignore the bill which “kills”
the chance of it becoming a law
Send it to a subcommittee for more study and investigation
Passing a Bill: Committees If a bill is sent to a subcommittee:
The subcommittee then reports back to the larger committee and decides what to do with the bill.
The larger committee then votes to send it to the house floor to be debated
If the floor votes “no”, the bill is sent back to the committees. If it votes “yes”, it is sent to the other house of Congress.
On to the Senate…
1. Even if the bill is passed by the House it still must go into committee in the Senate.
2. Unlike the House, Senators in the Senate are not limited in how long they can debate a bill. The act of talking a bill to death is known as Filibuster.
3. The bill is then discussed amongst all Senators; again amendments can be proposed at this time. A vote in the Senate to end debate is known as Cloture.
Passing a Bill The Conference
Committee resolves any differences between the House and Senate versions of the bill
The Bill is sent back to both houses for a final vote
Passing a Bill Approved bills are sent to
the President who can sign the bill into law or veto it, or pocket veto (congress can’t be in session). If the President vetoes the
bill, it is sent back to the House and Senate where they can vote to override the veto with a 2/3 vote.
Finally the bill becomes a law
