The Legislative Branch

THE LEGISLATIVE

BRANCH

THE LEGISLATIVE

BRANCH The United States

Congressestablished in Article I of

the Constitution

In this presentation, you goal is to understand …

THE STRUCTURE OF CONGRESS

THE POWERS OF CONGRESSTHE ORGANIZATION AND

MEMBERSHIP OF CONGRESS

Congress has …

ALL LEGISLATIVE

POWERS

Congress is bicameral, which means it contains two houses

a direct result of the Great Compromise

HOUSESENATE

THE STRUCTURE OF CONGRESS

THE HOUSE OF REPRESENTATIVES

Article I, Section 2

Intended to represent the people representation based on population considered the lower house lower prestige 435 members, each serving a 2 year term Also 5 nonvoting members all seats are up for re-election every 2 years each state has at least 1 member representative seats are redistributed or

reapportioned after every 10 year census Qualifications - 25 years of age, citizen for 7

years, live in the state that they represent

representative seats are redistributed or reapportioned after every 10 year census

THE SENATE Article I, Section 3

Intended to represent the states representation based on equality considered the upper house higher prestige 100 members, serving a 6 year term terms are staggered each state has 2 members - this does

not change Qualifications - 30 years of age,

citizen for 9 years, live in the state that they represent

Representation

Representatives

represent

individual

districtsSenators

represent the entire state

THE POWERS OF CONGRESS

The powers of Congress are limited by the Constitution

There are three types of congressional

powers

DELEGATED or ENUMERATED

IMPLIED

NONLEGISLATIVE

The DELEGATED or ENUMERATED powers

Lawmaking powers specifically listed in the Constitution

IN BLACK AND WHITE (I, 8, 1 – I, 8, 17)

Taxing power (1,8,1)

Borrowing power (1,8,2)

Commerce power (I,8,3 - it’s big!)

Currency power (I,8,5)

Lawmaking powers specifically listed in the Constitution

IN BLACK AND WHITE (I, 8, 1 – I, 8, 17)

War and military power (I,8,11-15)

Bankruptcy power (I,8,4)

Other powers – Copyrights, Lower Courts, Weights and Measures,

Naturalization, D.C.

The DELEGATED or ENUMERATED powers

The enumerated or expressed powers are written in Article

I, Section 8 of the Constitution

IMPLIED POWERS

powers not specifically written in the Constitution

powers that are necessary and proper to carry out the enumerated powers

Article I, Section 8, Clause 18

powers not specifically written in the Constitution

powers that are necessary and proper to carry out the enumerated powers

Article I, Section 8, Clause 18

the NECESSARY AND PROPER CLAUSE is also

called the

it allows Congress to stretch its power

ELASTIC CLAUSE

EXAMPLECongress can set up a

Post Office (it is enumerated in the

Constitution)

But what about

stamps?

TWO HUGE CONGRESSIONAL POWERS

COMMERCE

PURSE

Congress can also propose CONSTITUTIONAL AMENDMENTSto be sent to the states for ratification

(3/4 of the states must agree)

NONLEGISLATIVE POWERS

powers that do not deal with making laws:

Investigate (both houses)

Impeach (House impeaches, Senate holds trial)

confirm Presidential appointees and treaties (Senate does this)

PARTY LEADERSHIP IN THE HOUSE

MINORITY LEADER

MAJORITY LEADER

SPEAKER OF THE HOUSE

MAJORITY WHIP

MINORITY WHIP

REST OF HOUSE

PARTY LEADERSHIP IN THE SENATE

PRESIDENT PRO TEMPORE

MINORITY LEADER

MAJORITY LEADER

VICE PRESIDENT

MAJORITY WHIP

MINORITY WHIP

REST OF SENATE

SOME MORE FUN CONGRESSIONAL INFO

JOURNAL (I, 5, 3)

SALARY (1, 6, 1)

PRIVILEGES & BENEFITS (1, 6, 1)

PENALTIES – Censure and expulsion (I, 5, 2)

A CURRENT CONGRESSIONAL PROFILE

THE 113th CONGRESS

80 male

20 female

355 male

78 female

0 African American

3 Hispanic Americans

2 Asian Americans

0 Native American

44 African Americans

26 Hispanic Americans

9 Asian Americans

1 Native American

45 Republican

53 Democratic

2 Independent (aligned with Democratic Party)

233 Republican

200 Democratic

2 vacant seats

100 members435 members

SENATEHOUSE

The 111th US House of Reps

The 113th US Senate

Remember - the basic function of the Legislative Branch is to MAKE LAWS