the legislative branch – or congress – is made of two bodies: house of representatives and...

The Legislative Branch – or Congress – is made of two bodies:

House of Representatives and Senate.

This means that Congress is bicameral – “bi” means two, and “cameral” means chamber.

• Why did the founding fathers develop two houses?

• The most important reason was because it served as a compromise during the Constitutional Convention.

• Remember – there was an argument as to how the states should be represented as votes.

• Big states said it should be based on population – little states said it should be equal.

The Great Compromise created two houses in Congress – HOR and Senate.

House of Representatives gets reps based on state population.

Senate gets two reps from each state regardless of population.

Total – there are 435 members of the House of Representatives.

Total – there are 100 (50 states X 2 Senators from each state) members of the Senate.

How many total members of Congress are there?

Congress meets for two-year terms – 1st Congress met on March 4, 1789.

The 113th Congress began on January 3, 2013 and ended on January 3, 2015.

The 114th Congress will meet on January 3, 2015, and will end on January 3, 2017.

• In each two-year term there are two sessions – one session per year.

• When Congress begins a session it is called “convenes”, and it is called “adjourn” when it ends.

• There are numerous “recess” periods in a session as well.

• The President of the United States may call a special session during an emergency or a critical issue comes up.

• This has happened 27 times in our nations’ history.

• In 1933 President Roosevelt called an emergency session to deal with Great Depression.

• President Roosevelt also called an emergency session in 1939.

• The issue then was outbreak of war in Europe – the Nazis – and U.S. policy to sell weapons to England.

• Many times the President “threatens” a special session to force Congress to compromise on an issue.

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• Remember there are 435 members – with the state’s population determining how many members per state.

• Every state must have at least on seat – or member.

• Every 10 years, the HOR is reapportioned to recalculate how many members per state – never goes above 435 total though.

• During the 1st Congress in 1789 there were 65 members in the House.

• Every member in the House serves two-year terms.

• This makes each member highly accountable for their actions and votes – always an election year upcoming.

• There are no limits on how many times a member can be elected.

• The election is always held on the Tuesday following the first Monday in November on even numbered years.

• Each member in the House represents their district from their state.

Because there are 435 members in the House, that means there are 435 districts in the U.S.

Districts are created very carefully – they have boundaries and borders.

Districts have to be near equal in total population.

Districts also have to be one piece – not bunches of pieces.

Every 10 years districts boundaries are re-drawn.

These rules lead to all different types of district shapes and sizes.

• Re-drawing districts also brings “gerrymandering” into play.

• Gerrymandering is named after former Massachusetts Governor Elbridge Gerry in 1812.

• Political parties in control of the state governments “gerrymander” district boundaries.

They re-form the districts with a strategy in mind to try to keep their members in office.

Gerrymandering is the reason why we see REALLY strange district shapes.

Arizona’s 2nd district is a great example of gerrymandering.

• Anyone can become a House of Representatives member – you need to meet these simple requirements:– Minimum age of 25 years.– Minimum 7 years as U.S. Citizen.– Live in the state in which you

represent.

*However, other members of the House can reject you, punish you, or expel you based on a majority vote.

It is extremely expensive to run a campaign in order to become a member of the House.

The average cost of a campaign is $1 million.

Also, once you are in, it is very hard to lose an election – 90% of the incumbents – or current members – lose an election.

There are 100 total members of the Senate – 50 states X 2 per state = 100.

The Senate is viewed as more esteemed and more important than the House.

Before 1913, Senators were chosen by the state governments – since 1913 they are voted in by the citizens.

Senators are elected during the same elections as House members in November.

Each state can have only one Senate seat up for election at a time.

This means that only 1/3 of the Senate is up for election at once.

Senators serve 6-year terms and there is no limit on how many times they can be elected.

The Senate was set up this way to counter the knee-jerk reactions of the House.

Senators have a “cushion” of 6 years and are able to look at the “bigger picture” of an issue.

Senators must be:

30 years old.

A U.S. Citizen for at least 9-years.

Live in the state in which they serve.

• Just like the House, it is very expensive to run a campaign to become a Senator – millions of dollars.

• Incumbents win most elections – part of this is credited to name recognition.

• Also, just like the House, an elected Senator can be rejected by 2/3 majority vote, or expelled.

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Who are the members of Congress – where do they come from, and what are they like?

The average members is male, white and in his 50s.

Of the 535 members, 95 are women, 42 African-American, 25 Spanish, 7 Asian.

1/3 of the House members are lawyers, ½ of the Senate members are lawyers.

Almost all 535 members have advanced degrees – meaning higher then a bachelors.

Several members are millionaires, and 1/3 of Senators were once House members.

• In other words, the Legislative Branch (Congress) is not an accurate cross section of the American population.

• Instead they represent the upper-middle class population.

• Some people feel this makes Congress “out of touch” with “normal” Americans.

Senators and House members both receive $174,000 salary per year.

However, there are also other fringe benefits they receive as well.

They receive breaks on taxes because they are forced to own two homes.

• They also receive travel allowances – or money to travel with.

• Congressional members also receive full medical benefits for themselves and their families at reduced prices.

• When they retire, they also receive a pension – or yearly income until they die.

Other benefits include “operating costs” to hire workers to run their offices.

They receive a franking privilege – allowed to use the postal service free of charge.

They also receive free parking on Capitol Hill and free airport parking.

But, all of these benefits come with a heavy burden on representing thousands of people.

Members are required to use their votes to make decisions for our country.

In this role, members choose their vote in a variety of ways.

• Some members choose to vote as delegates – based on what they believe their people want.

• Some members choose to vote as trustees – or base their decisions on their own morals and values.

• Some members choose their vote as partisans – or base their choice on what the rest of their party does.

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• To become a law, a proposed bill usually starts in the House of Representatives.

• A bill can be introduced in a variety of ways – citizens demands, President recommendation, Congressional idea.

• Each proposed bill is turned into the clerk and given a title and a number.

For example, “H.R. 3,410: A bill to provide…”

After it is given a number and a title, the bill is entered into the House Journal and the Congressional Record.

The Speaker of the House reads the bill and refers it to the correct standing committee.

• Every member in Congress serves in a committee – a small group that is responsible for certain functions of our country.

• There are dozens of committees, such as transportation, natural resources, foreign policy, and oversight.

• That committee researches the bill to determine its worth.

• After the committee is done researching the bill they report their information back to the House.

• They could recommend that the bill be passed, recommend it be denied, or change the wording to make it better.

• After the bill is reported the House Rules Committee schedules time for debate on the floor.

Each member is given 5 minutes to debate.

The bill is then voted on– if it gets 2/3 vote then it is approved by the House.

Remember – once a bill passes in the House it still must receive 2/3 approval in the Senate.

The rules for debating a bill in the Senate are much different than the House.

Senators are allowed to debate a bill on the floor for as long as they want.

Senators have used filibusters in the past – tactic to talk a bill to death.

• In 1935 Huey Long, Democrat from Louisiana talked for 15 hours to stall from being approved.

• There is no regulation on what you talk about in the Senate either.

• Long read the Washington D.C. phone book and his favorite recipes.

• Strom Thurmond, Republican from South Carolina talked for 24 hours trying to block a Civil Rights law.

• Filibusters go on today – but usually they are team efforts.

• There are some rules to help prevent filibusters.

Senators must stand the whole time they are speaking – no sitting, no leaning.

The Senate must approve the identical version of the bill that the House apporved.

If the Senate wants changes made the bill must be referred to a conference committee.

• Conference committee is made up of House and Senate members and their job is to create a compromised version of the bill.

• The compromised version must be passed by both House and Senate.

• If a bill survives and is approved by 2/3 House and Senate then it is sent to President for signature.

• President can do four things with the bill:

• 1. Signs it – bill officially becomes a law.• 2. Vetoes the bill – rejects it and Congress can

override with 2/3 vote in House and Senate.• 3. Not sign it – after 10 days the bill becomes

a law.• 4. Pocket Veto – not sign it, and if Congress

adjourns before 10 days is up then the bill dies.

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• The President of the United States has many roles to play.

• The President acts as the Chief of State – the head of the government, and the face of the nation.

• Chief Executive – the Constitution declares the President as the executive or boss of the government.

• Chief Administrator – President is in charge of 2.7 million civilian workers and a government that spends $3 trillion dollars a year.

• Chief Diplomat – Meets and greets other world leaders to discuss treaties, and joint solutions.

• Commander in Chief – Leader of the Armed Forces and the 1.4 million men and women who serve.

Chief Legislator – Most important person in shaping government policy.

President recommends, and sometimes demands Congressional actions.

Chief of Party – leader of their political party (Democrat, Republican).

• Chief Citizen – President must lead by example when it comes to behavior, attitude, and actions.

• The formal qualifications to become President of the United States are clear:– 35 years of age.– Natural born citizen of the U.S.– Resident of the U.S. for at least 14 years.

However, there are informal qualifications to become President:

President should have political experience.

President should be likeable and intelligent.

• When elected, the President serves a four-year term.

• Since 1951, with the adoption of the 22nd Amendment, the terms are limited to two.

• Some critics of the amendment claim it is unconstitutional by restricting citizens rights to chose the President they want.

Congress determines the salary for the President.

Since 2001 Presidents earn $400,000 per year.

However, there are other benefits that go along with the yearly salary.

Presidents receive $50,000 a year for personal expenses.

Presidents and their families live in the 132-room White House in Washington D.C.

18 acre estate, full service staff and workers as well.

Presidents also receive full access to Air Force One.

Camp David, a “get-away” complex in western Maryland.

Best healthcare available, and additional entertainment funds as well.

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• Powers of the President are discussed in Article II of the Constitution.

• The description is not very detailed and this has raised many questions.

• Should the President be more powerful then Congress, or should Congress be more powerful then the President.

• Power has grown for the President over the past 200 years.

• The power of the President depended on the personality of the President.

• Some President have used “executive powers” to which is an undefined power in the Constitution to do almost anything.

• Presidents have the power to issue what is called executive orders.

• These are rules and regulations that are similar to laws – but they don’t need Congressional approval.

• This is sometimes worrisome because the President would not be acting for the people in this instance.

Presidents also have the power to appoint top-ranking officials in the government.

The Senate must approve all presidential appointments by a 2/3 vote.

President can also remove anyone that he appoints.

• Presidents also have the power of executive privilege.

• Under executive privilege the President can refuse to disclose information to Congress or the courts.

• However, executive privilege cannot be used in criminal hearings.

• There are also informal powers that the President has as well.

• For instance, the President can address the American public at any time through the media.

• These are considered the media powers of the President.

• However, the checks and balances system allows Congress and the Supreme Court to limit the President’s power.

• Congress can override vetoes – Congress controls the “power of the purse” – Congress can impeach the President.

• Congress can impeach the President of the United States.

• The House impeaches – which means to bring charges against the President.

• The House only needs a majority vote to impeach – and then it goes to the Senate for trial.

• To convict the President and “kick him out” – the Senate needs a 2/3 vote.

No President has ever been convicted – but Andrew Johnson and Bill Clinton were impeached.

Richard Nixon may have been convicted, but resigned before impeachment vote took place.

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• Alexander Hamilton once said – “The true test of a good government is its aptitude and tendency to produce a good administration.”

• The President has many people help him do his job successfully.

• However, none are more important than his Cabinet.

• Much of the work done by the Federal Government is done by the 15 Cabinet Departments.

• The Cabinet is also called the President’s Advisory Group.

• Each Department is headed by a secretary – except for one – the Department of Justice.

The Department of Justice is headed by the attorney general.

Each department head is the link between presidential policy and their own department.

They are responsible for making sure the will of the President is being carried out.

Each department secretary is aided by an undersecretary or a deputy secretary.

Each secretary, or deputy secretary appointment is made by the President and approved by the Senate.

Each department is also made up of subunits.

Example – The Department of Justice is a Presidential Cabinet.

However, the Criminal Division is a subunit of the Department of Justice.

And, the Counterterrorism Section and Narcotics Section are subunits even further.

• The subunits of the Cabinet Departments are regionally placed to work throughout the entire country.

• Take the Department of Veteran’s Affairs as an example.

• There are over 150 Veteran Medical Centers around the nation, and 800 outpatient Veteran medical offices.

In fact, 90-percent of Cabinet employees work outside of Washington D.C.

The Department of State is the oldest and most prestigious of the Cabinets.

The current Secretary of State is Hillary Clinton.

The Department of Defense is the largest with 700,000 civilian and 1.4 military members.

Department of Health and Human Services has the largest budget of the Cabinets.

It accounts for 25-percent of the total federal spending.

• The youngest Cabinet Department is the Department of Homeland Security – established in 2002.

• Important to know – the President’s Cabinet serves as an advisory group to the President.

• However, the President does not have to take their advice.

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• During the years the Articles of Confederation were in force there was no national court system.

• The laws of the United States were left up to the courts of each state to interpret.

• Often, decisions in one state were ignored by other states.

• Article III, Section 1 of the Constitution says:

– “The judicial power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”

– The idea was to establish a national court system that had the final say on the law.

• What exists in the United States today is a dual-court system.

• There are over 100 federal courts across the country, and each state has their own system of courts as well.

• Most cases heard today take place in state courts.

• The Constitution created the Supreme Court and allows Congress to create inferior federal courts.

• There are two types of federal courts – constitutional courts, and special courts.

• The constitutional courts hear most cases tried in federal courts.

• Before a case is heard in court – jurisdiction must be decided – that is which court will the case be heard in.

• Usually states have jurisdiction and that is why most cases are heard in state courts.

• The Constitution however gives federal courts jurisdiction because of subject matter or the parties involved.

• In terms of subject matter the federal courts may hear a case if it involves a “federal question”.

• Is the interpretation of the Constitution needed?

• If yes, than the case may be heard in a federal court.

• In terms of the parties involved – federal courts hold jurisdiction over a case if one of the parties is…

• 1. The United States or one of its officers or agencies.

• 2. An ambassador or other official representative of a foreign government.

• 3. One of the 50 states suing another state, resident of another state, or a foreign government.

• 4. A citizen of one state suing a citizen of another state.

• 5. An American citizen suing a foreign government or a subject of that government.

6. A citizen of one state suing a citizen of the same state where both claim title to land grants from different states.

Besides these situations, state courts hold jurisdiction over all other legal matters.

However, there are exceptions.

Example: Tony robs a bank in California.

Jurisdiction: Federal

Why: Bank robbery violates a federal law, regardless of the state in which the crime was committed.

• Example: Lisa from Michigan sues Jane from Ohio for $80,000 in damages caused as a result of a car accident.

• Jurisdiction: Concurrent – Both

• Why: When a citizen from one state sues a citizen from another state for damages greater then $75,000 the case can be heard in both.

Example: Mitch has his car repaired at a local repair shop. His car breaks down after he pays the bill so he sues for breach of contract.

Jurisdiction: State

Why: A purely local matter where nothing from the case is related to federal law.

There is also a difference between original jurisdiction and appellate jurisdiction.

The court where the case is first heard has original jurisdiction.

Appellate courts handle appeals – or protests to the original court’s outcome.

Appellate courts do not retry cases – instead they determine whether a court acted in accord with the law.

If the appellate court decides that the original court did not act within the law a decision can be overruled.

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The Constitution explains the manner in which federal judges are chosen, how long they serve, and how much they get paid.

How are federal judges selected?

The president selects the judge, the Senate confirms the judge with a majority vote (checks and balances).

Usually the president is given recommendations from advisors, other politicians, and interest groups.

There are no formal qualifications in the Constitution to be a federal judge.

Most candidates have state judicial experience, most are lawyers, most are law school professors.

When selected and confirmed, federal judges serve in federal courts.

There are 109 federal courts across the U.S. – including the highest of them all The Supreme Court.

There are 874 federal judges that have been selected and confirmed.

John Jay first Supreme Court Chief Justice. 1789-1795

Thurgood Marshall first African-American Supreme Court Justice. 1967-1991.

Sandra Day O’Connor first female Supreme Court Justice. 1981-2006.

How long do federal judges serve?

The Constitution says “during good behavior” – which means there is no limit to their term.

Serve until they retire, resign, die, or impeached.

Designed this way to try to keep them out of politics and elections.

A federal judge makes anywhere from $174,000 per year to $223,000.

Some of the best lawyers in the U.S. make millions per year – causing some to claim we need to pay federal judges more.

Federal judges may retire when they reach 65 with 15 years of service: age + service = 80. They retire will full pension.

Federal judges have a great responsibility – they interpret the Constitution and their decisions shape what is allowed in society.

How a judge makes their decisions varies from judge to judge depending on their philosophy.

Some judges practice judicial restraint, some practice judicial activism.

Judicial Restraint:

Make decision based on original intent of Constitution.

Make decision based on what other judges have ruled on in the past with similar cases.

Do not believe in using their power to make major changes to society norms.

Judicial Activism:

Make decisions based on what is happening in current times.

Belief that society has changed over time, therefore court decisions should reflect those changes.

It is okay to rule differently on similar cases of the past – okay to change society with your rulings.

Federal judges hear the cases and make decisions.

Court officers handle all of the supportive work – clerks, bailiffs, reporters, officers.

Magistrates are also considered officers of the court.

U.S. magistrates are justices that help run federal district courts. They handle minor civil complaints and misdemeanor cases.

They also issue warrants for arrest and set bail in federal criminal cases.

U.S. Attorneys are also selected by the President and confirmed by the Senate to serve as the country’s prosecutors.

U.S. Marshals are also appointed to serve as a “sheriff” for the country – make arrests, keep order in court, and hold suspects in custody.

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Supreme Court is located in Washington D.C. – on the building quote reads “Equal justice under the law.”

The Court consists of one Chief Justice – the head honcho – and eight associate judges.

It is part of the three branches of government in the U.S. – Legislative, Executive, Judicial.

Framers of the Constitution gave all three branches power over each other – checks and balances.

The Supreme Court’s power is judicial review.

It has the final say on all matters relating to the interpretation of the Constitution.

Judicial review was established in 1803 as a result of Marbury v. Madison – a court case.

Judicial Review is important – if two or more laws conflict each other – Supreme Court decides which law stands.

And – the Supreme Court can rule any action taken by the President or Congress unconstitutional.

The Supreme Court is in session between October and July every year.

Most cases they hear during a session are appeals cases.

More then 8,000 cases are appealed to the Supreme Court each year – only a few hundred are actually heard – most are denied.

How do they decide what cases will be scheduled and which ones will be denied?

The “rule of four” is used to determine which cases will be heard.

9 judges – a minimum of 4 judges must agree that case is worthy of being heard.

The first step to request the Supreme Court to hear your case is to file the writ of certiorari.

It is Latin for “to be made more certain”.

This happens when either the prosecution, defendant or judge asks the Supreme Court to interpret the Constitution – based on the case they are involved in.

After you file the writ of certiorari and you are lucky to receive notice that your case will be heard (rule of 4) – they tell you the date of the hearing.

Second step is to file a written brief before your hearing date.

Briefs sometimes reach 100+ pages in length.

After brief is submitted, you get to appear before the judges in Court and present your argument verbally – called the oral argument.

You have 30 minutes to speak – white light shines for 5 minute warning – red light shines you must end.

After the hearing, judges meet in private conference to make their decision.

This is where judicial restraint or judicial activism is used.

Majority is needed – so 5 out of 9 judges is minimum needed to make a ruling.

Once decision is made, the Chief Justice issues a written document called the “majority opinion”.

It summarizes the view of the Court and explains the reasons for their decision.

This helps to create precedent down the road for future cases.

In addition to the majority opinion – a “dissenting opinion” can be issued as well.

This is submitted by the judges on the losing side and explains their position.

This can also be used later in the future to help judges make decisions for cases later on.

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