THE LEGISLATIVE BRANCH

Chapter 5

Focus

Agenda

Members of Congress

Organization of Congress

Powers of Congress

Passing a Bill

Members of Congress

There are two houses of Congress: House of

Representatives

Senate

This is called a Bicameral 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

President Pro Tempore Patrick Leahy

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. Caucuses are

when/where political parties pick their leaders.

House of Representatives – Whips

Kevin McCarthy (R) Steny Hoyer (D)Senate – Whips

John 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

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: 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

Organization: Committees

Facts of Congress

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

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 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 the Standing Committee decides what to do with the bill. If they accept it …

Bill is put on the calendar and it goes in front of the floor or entire house

The Bill is debated on between representatives. Speaker controls debate. Bill is voted on. 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. 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

Passing a Bill

I'm Just a Bill