THE LEGISLATIVE BRANCH Chapter 5
May 16, 2015
THE LEGISLATIVE BRANCH
Chapter 5
Focus
Agenda
Members of Congress
Organization of Congress
Powers of Congress
Passing a Bill
Members of Congress
Bicameral system Article I
House of Representatives
Senate
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 increases State will gain seats
If a state’s population decreases State will lose 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: 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: House of Representatives
Could these people run for the House of Representatives?
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: 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: Senate
Could these people run for the Senate?
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 Mail official letters and packages for free
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.
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.
Organization: House of Representatives
The highest officer in the House of Representatives is called the Speaker of the House
Elected by members of the House to make sure that everything runs smoothly
Member of the majority party
John Boehner (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: 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
President Pro Tempore Daniel Inouye
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
Eric Cantor (R) Nancy Pelosi (D)
Mitch McConnell (R) Harry Reid (D)
Organization: Party Leaders and Whips
Whips assist the floor leaders in communicating with party members.
“Whip” members into shape.
House of Representatives – Whips
Kevin McCarthy (R) Steny Hoyer (D)Senate – Whips
Jon Kyl (R) Richard Durbin (D)
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 Coin money Regulate process of becoming a citizen Create post offices Create an army/navy
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 Non-legislative and Special Powers
Related to placing checks and balances
Powers shared by both Houses Investigate issues and events by holding
hearings Propose amendments
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
Powers of Congress: Special Powers Unique Powers of
the Senate Approve treaties Approve
presidential appointments
Conduct the trial when the House impeaches an official
Powers of Congress: Limits on Power 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.
Bill of Attainder laws that provide for the
punishment of specific people or group of people without a trial.
Powers of Congress: Limits on Power
Writ of Habeas Corpus Right to know what
you are tried for. Congress can’t take away this right except during civil war or invasion.
Cannot show favoritism or give titles of nobility.
Passing a Bill: Introduction
Introduction of a Bill 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.
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 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.
Passing a Bill
Once it is in the other house of Congress, it goes through the committee process again.
After the committee approves the bill, it will be debated and voted on. If the vote is “no”, the bill is sent back to
the committees. If the vote is “yes”, the bill is sent to a Conference Committee.
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 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.
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. 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