The Legislative BranchMaking the Laws

Bicameral Legislature

•Power is shared between the two houses.•Requirements for each house differ.

•Each house has similar but distinct powers (Direct and Indirect.)

Formal Qualifications

Qualifications House Senate

Age At least 25 At least 30

Citizenship At least 7 years At least 9 years

Residency Must be from state and district

representing

Must be from state

Membership Based on Population, permanently set at

435

Equal Representation, each state has 2.

Length of Term 2 years 6 years

Equal Representation?•Most members of both houses are:

▫Lawyers, Businesspeople, medical professional and educators, prior bureaucrats

▫121 military veterans▫43% were millionaires

111th House of Reps

2 Muslim2 Buddhists31 Jews1 Quaker1 Atheist1 with out a college degree3 openly gay

40 African Americans75 Women27 Hispanics5 Pacific Islanders/Asians1 Native American4 Middle Eastern

U.S. Representative (8th District) • Patrick Murphy,

Democrat▫ Serving since 2007

▫ Committees: Armed Services and Permanent Select Committee on Intelligence

▫ Salary of $168,504▫ Allocated a budget of 1.28

million for offices and staff

111th Senate

•17 Women•14 Jews•1 African American•2 Hispanics•2 Asian Americans•Average age is 62

▫Oldest – 91 (Robert Byrd - SC)▫Youngest – 42 (Kristen Gillibrand - NY)

U.S. Senators • Robert Casey, Jr.

Democrat ▫ Serving since 2007

▫Committees: Foreign Relations, Agriculture, Nutrition and Forestry, Banking, Housing and Urban Affairs, Special Committee on Aging

U.S. Senators • Arlen Spector,

Republican ▫ Serving since 1981

▫Committees: Appropriations, Judiciary (ranking), Veteran’s Affairs, Special Committee on Aging

U.S. Senators

•Each is compensated with a salary of $168,504▫Same as a member of the House▫

•Each is allowed a budget of $24.32 million for offices and staff ▫Why is their budget larger than that of a

member o the House?

House and Senate House Senate

Larger body (435 members) Smaller body (100 members)

Shorter term (2 years) Longer term (6 years)

Smaller constituencies (elected from districts within States)

Larger constituencies (elected from entire state)

Less prestige More prestige

Younger membership Older membership

Lower visibility in the news media Higher visibility in the news media

Strict rules, limited debate Flexible rules, nearly unlimited debate

Most work is done in committees, not on the floor

Work is split more evenly between committees and the floor

No power over treaties and presidential appointments

Approves or rejects treaties and presidential appointments

Key Words

•Term = Two year operating cycle. ▫111th Congress began Jan 3rd 2009.

•Session = Yearly operating cycle.▫Two sessions per term.

Election Trends

•Mid-Term elections are held every 2 years.

•All House members and 1/3 of Senate.

•Incumbent = A current office holder.•Constituent = The people an elected

official represents.

•Difficult to remove elected officials.▫More likely in Midterm elections. Why?

Incumbency Effect

•Trend of constituents to re-elect officials for their district.▫Examples = Strom Thurmond and Robert

Byrd

•Term Limits = Should Senators and Congressmen have limits placed time in office?

•Pro's/Cons

Qualifications House Senate

Age

Citizenship

Residency

Membership

Length of Term

Unique Powers

Your representatives?

Drawing DistrictsHow to legally steal an election.

House Of Representatives

•Representation ▫Congress apportions seats according to

State’s population . Permanently set at 435

▫Every ten years seats are reapportioned (redistributed) after census

Reapportionment – Redistribution of representatives among the states, based on population change.

Redistricting• How each state redraws its districts after a census. • States will draw districts to benefit the incumbents

or the party in power of the state legislature.

• Districts ▫Must be:

“Contiguous territory” (all one piece), “Have as nearly as practicable an equal number of

inhabitants,” and “Compact territory,” a comparatively small area

PA’s 19 Districts

Gerrymandering• Odd shaped districts drawn to the advantage

of the political party that controls state legislature ▫ Create “safe” districts almost certain to be won by

the party in control.

• Gerrymandering’s Forms ▫ (1) to concentrate the opposition’s voters in one or

a few districts, leaving other districts safe.

▫ (2) to spread the opposition thinly among several districts, limiting the opposition’s ability to win anywhere.

The Gerrymander!•Named after Mass.

Gov. Elbridge Gerry.•Attempted to redraw

districts in 1803.•Early political cartoon

depicting districts.•Means creation of

strange district lines.▫To specifically favor one

political party.

Gerrymander!

Roles of CongressWhat are we paying you for?

Expressed PowersArticle I states Congress shall have “all

legislative powers”

•Powers specifically listed in the Constitution that are also called the Enumerated Powers▫Levy and collect taxes ▫Borrow money ▫Regulate interstate and foreign commerce▫Coin money ▫Declare war

The Implied Powers

•Powers not specifically listed in Constitution the government claims as part of its governing responsibility.

▫Necessary and Proper Clause —Congress can “make all laws which shall be necessary and proper” for carrying out its duties

The Powers of Congress The Expressed

Powers Implies the power

To lay and collect taxes

•To create tax laws and punish tax invaders •To use tax revenues to fund welfare, public schools, health and housing programs •To require States to meet certain conditions to qualify for federal funding

To borrow money •To establish the Federal Reserve System of banks

To establish naturalization of law

•To regulate and limit immigration

To raise armies and navies

•To draft Americans in the military

To regulate commerce

•To establish a minimum wage •To ban discrimination •To regulate banking

Congressional Checks• Oversight—oversees executive agencies to make sure they carry

out laws it has passed • Confirmation—Senate confirms key officials appointed by

President

• Impeachment—House impeaches federal official; Senate conducts (presides) over trial and votes to remove

• Ratification—Senate must approve all treaties negotiated by president

• Override—Congress can reverse president’s veto

• Amendment—Congress can propose an amendment to Constitution

Jobs of Members of Congress

Legislator and Representative of

Constituents

•Trustee•Delegate •Partisan •Politico

Committee Member

•Screen bill proposals and decide which will go to the floor for consideration •Perform oversight function

Servant of the Constituents

•Help people who have problems with the federal bureaucracy •Respond to constituents

Who is this person?

I made coffee for her once!!!!

Speaker of the House

- Presiding officer of the House - Chosen by and from the majority party in

the House - Speaker’s Duties

- Preside- Keep order - Speaker follows the V.P. in line of succession

to the presidency.

Who is this person?

President of the Senate Vice President of the U.S. (does not have

to be a member of the party that controls the Senate)

President pro temporePresiding officer that serves in the V.P.s absence.

Robert Byrd (elected 1958!)

Floor Leaders •Carry out party decisions and steer

legislative action to meet party goals. - Next to speaker, most important officers in

Congress

•Whips (Assistant floor leaders) - Serve as liaisons between the party’s

leadership and other members

Congressional Leadership - HoR

Speaker of the House

Majority Leader

Majority Whip

Minority Leader

Minority Whip

Congressional Leadership - Senate

President of the Senate (V.P)

Majority Leader

Majority Whip

Minority Leader

Minority Whip

President Pro tempore

Committee Chairmen - Members who head the standing

committees in each chamber. - Chosen by the majority party caucus

- Decide when their committees will meet- Which bills they will take up- Whether they will hold public hearings

and what witnesses the committee should call.

House of Reps Senate Joint• Agriculture • Appropriations • Armed Services • Budget • Education and Labor • Energy and Commerce • Financial Services • Foreign Affairs • Homeland Security • House Administration • Intelligence (Permanent Select) • Judiciary • Natural Resources • Oversight and Government Reform • Rules • Science and Technology • Small Business • Standards of Official Conduct • Transportation and Infrastructure • Veterans' Affairs • Ways and Means • (Whole)

• Aging (Special) • Agriculture, Nutrition and Forestry • Appropriations • Armed Services • Banking, Housing, and Urban Affairs • Budget • Commerce, Science and Transportation • Energy and Natural Resources • Ethics (Select) • Environment and Public Works • Finance • Foreign Relations • Health, Education, Labor, and Pensions • Homeland Security and Governmental

Affairs • Indian Affairs • Intelligence (Select) • Judiciary • Rules and Administration • Small Business and Entrepreneurship • Veterans' Affairs

• (Conference) • Economic • Library• Printing • Taxation

How a Bill Becomes a Law

“We now have so many regulations that everyone is guilty of some violation.”

~Donald Alexander

Legislation

•10,000 bills are introduced each year.▫Less than 10% become laws.

Senate – introduced bills on Friday House – introduced bills on Friday

•Most do not originate with members.▫Executive Branch.▫Private Citizens.▫Pressure/interest Groups.

•Only Members may introduce a Bill.

Introduction•Bills are introduced by members of

Congress.▫House – Hopper.▫Senate – read and given to clerk.

•Once introduced are sent to committee.▫Standing Committee (S – 20/HOR – 22)▫Standing Sub Committee (S – 68/HOR – 104)▫ Joint Conference Committee (4)▫House Rules Committee

•Most Bills never make it out of committee.

Bills in Committee•Bills are sent to the appropriate committee

or sub committee.▫Combined.▫Pigeon Holed.

Discharged.•Pork and Log Rolling.

▫Pork = seemingly frivolous or unnecessary bills that benefit only a certain state or district.

▫Log Rolling = agreeing to sign a bill in exchange for future support.

House

•Bill must be placed on House Calendar.▫House Rules Committee.

Acts as a traffic cop – speeding, slowing or stopping legislation.

•Debate is formal and short.•Voting done electronically.

House Floor

Senate

•Bills are placed on the calendar.•Senate debate is much less structured.

▫No time limits.▫Filibuster

Great Filibusters in time!▫Cloture – how to stop a filibuster

•Voting is by Voice

Off to the President

•Signs the Bill – Bill becomes a law.

•Doesn’t sign the bill – 10 days it still becomes a law.▫Why would a president do this?

•Veto – Refused to approve the law.▫Can be overridden by 2/3 vote of both

houses.

•Pocket Veto – Doesn’t sign. Congress adjourns with in 10 day’s time.

How do Congressmen vote?

Trustee Delegate Partisans Politicos

-Each question they face must be decided on its merits

- Conscience and independent judgment are their guidelines

-Agents of those that elected them

- Vote the way they think “folks back home would want”

-Owe first allegiance to political party they represent

- Leading behavior among Congressmen’s votes

- Attempt to combine the basic elements of the trustee, delegates and partisan roles

The Executive BranchEnforcing the Law

Qualifications for President

•What are the qualifications required to be President of the United States?

•What do you think they should be?

•How much do you think the president should make?

Qualifications for President

•Natural Born Citizen.▫Confusion – someone can be born on

foreign soil and still be born a US citizen. There has been some debate as to where

President Obama was born.•35 years of age.•Lived in US for 14 years.

Term and Pay

•Terms are 4 years. May serve two terms.▫Up to 10 years total – How?▫1951 – 22nd Amendment.

•1789 - $25,000 per year.•1969 - $200,000 per year.•2000 - $400,000 per year.

▫Other benefits

Line of Succession

•The order of successors to the presidency if the president is unable to serve as specified in the Constitution

Vice President Speaker of the House President pro tempore of the Senate Secretary of State Cabinet members continue line in a specific

order

Presidential “Roles”The many “hats” of the president…

Chief of State

•Ceremonial head of government.

•Countries have similar positions such as Queen, King, Emperor.

Hail to the Chief

•Chief Executive▫Head of the Executive Branch.

•Chief Administrator▫Head of the US government.

Employees 3 million civilians. Spends 3.9 trillion annually.

•Chief Diplomat▫Architect of American foreign policy and the

chief spokesperson to the world.

Commander and Chief

•2.7 million men and women in the armed forces and the nation’s entire military arsenal are subject to the President’s direct and immediate control.

•Will no longer directly lead military.▫Chiefs of Staff for the Armed

forces.

Chief Legislator

•Designs public policies.•Sets the overall shape of

Congressional Agenda.•Initiating, suggesting

requesting, supporting, insisting, and demanding that Congress enact major legislation.

•Chief of Party▫Acknowledged leader of the political party that

controls the executive branch.

•Chief Citizen▫Representative of all the people.

The Electoral CollegeThe coolest school no one will ever attend!

Electoral College

•Voters choose a president indirectly through the electoral college, composed of electors pledged to one of the candidates.

•Say What?

Electoral College Continued

•Not mentioned in Constitution.

•Framers felt average person could not decide for self.▫Allowed to vote for men who could make

the decisions.

Electoral College•Today consists of 538 “votes/members”•Each state receives votes based on its

congressional representation.•More votes = more influence in

presidential election.•270 is MAGIC NUMBER!!!

▫No plurality▫http://www.270towin.com/

Winner Takes All

•Results of election determine number of electoral votes a candidate receives.

•PA = 21 votes▫Dem = 49.9% of votes▫Rep = 50.1% of votes

Who gets all 21 votes?

▫Problems?

Losing the Popular Vote

Electoral College

Presidential PowersWhat powers should he/she have in order to get the job done?

Powers of President

•Formal – those powers specifically covered in the constitution.

•Inherent Powers – powers not clearly specified in the constitution.▫Need power to act quickly.▫Once power has expanded it stays unless

challenged by congress or Supreme Court

Executive Powers• Executive Power

▫Enforces, administers, carries out federal law ▫Covers all federal laws whether he agrees on

not!

• Ordinance Power ▫Executive order—a rule issued by the president

that has the force of law▫Originates from:

Constitution Acts of Congress

Executive Powers• Appointment Power

▫ Power to name most of the top-ranking officers of the Federal Government

▫ Needs Senate consent Ambassadors, diplomats, cabinet members, heads of

independent agencies (EPA, NASA), federal judges.▫ Appoints people who will work well in the administration

• Removal Power▫ Debated power ▫ President may remove those whom the president

appoints with out senate approval – cabinet members.

Legislative and Judicial Powers • Legislative Powers

▫Recommend legislation – State of Union Address▫Veto Power

• Clemency (Mercy/Leniency) Powers ▫Reprieve—postponement of an execution sentence ▫Pardon—legal forgiveness of a crime ▫Commutation—the power to commute (reduce)

the length of a sentence or a fine imposed by the court

▫Amnesty—blanket pardon offered to a group of law violators

Diplomatic Powers • Executive Agreements

▫Pact between the President and the head of a foreign state – like a treaty

▫Does not require Senate consent

• Power of Recognition ▫Acknowledges legal existence and its government ▫Nation states generally recognize one another

through the exchange of diplomatic representatives Example: Israel and Afghanistan

Military Powers

•Constitution makes President Commander and Chief of Armed Services.▫Can control the military

•Powers as Commander and Chief seem to be with out limit.▫Undeclared war – 200 occasions.▫War powers resolution 1973.

More on this later!

Whose Power Is It Anyway? The conflict of War Powers!

Lyric Analysis

• What do you think this song is about? Think about the time period.

• What message is the songwriter trying to convey about the use of military force and/or war?

• Do you agree or disagree with this message? Defend your answer.

War (What is it good for?)Recorded by Edwin Starr (1970)

Courtesy of the Red, White and Blue (The Angry American)Written and recorded by Toby Keith (2002)

War and Peace—Who’s Power Is It?

•The U.S. Constitution grants both the legislative and executive branches significant authority over war and peace.

• In the modern era, the President’s power to wage war has dwarfed those of Congress

• In 1973 Congress attempted to regain some of its power with the passage of the War Powers Resolution.

War Powers President’s War

Powers •Commander and Chief of the Army & Navy •Commander and Chief of the state militias (National Guard) •Commission all officers •Appoint ambassadors, ministers, and consuls •Make treaties subject to Senate confirmation •Receive ambassadors •“Faithfully execute” the laws •Require the opinion of heads of executive departments •Recommend “measures” to Congress •Upon “extraordinary occasions” convene both houses of Congress”

War Powers Congress War Powers

Declare war(b) Raise and support army and navy

(b) Ratify treaties (S)

Make rules concerning captures on land and water (b)

Provide for calling forth the militia to execute the laws of the union (b)

Suppress insurrections and repel invasions (b)

Organize, arm, train militia (b)

Make all laws necessary and proper for carrying out

expressed powers in the Constitution

Regulate commerce with foreign nations

Originate tax bill (HR) Collect taxes and duties (b)

Borrow money (b) Define and punish offenses

against the law of nations (b)

War Powers Resolution • Purpose:

▫ Fulfill intent of framers

▫ Insure “collective judgment” by Congress and the President occurs when U.S. armed forces are introduced into hostilities

▫ Cites necessary and proper clause to grant Congress authority in WPR

Key Provisions•When possible President must consult

Congress BEFORE introducing military into hostilities.

•After troops introduced, consult Congress regularly until troops are removed.

•President must submit within 48 hours deployment a report to Congress.

•President must remove troops after 60 days▫30 additional days to withdraw troops if no

Congressional declaration of War or approval.

Does President Have the Ultimate Say?

• Mayaguez Incident▫President Ford did inform Congress but did not

consult with Congress before sending rescue force

• Iran Hostage Crisis▫President Carter did not consult with Congress

about rescue attempt

• Gulf War ▫Congress gave President Bush Sr. the authority

to wage war against Iraq in 1991

War Making Limits—Presidential Downsizing • Read the article and answer the following

questions: ▫What do you believe the author’s main thesis to

be?

▫What points does the article make in regarding Congress taking an active role in war making?

▫ In the specific case of the war in Iraq, if anything, do you think Congress should do in either extending or ending the war? Defend your answer.

What makes a successful President?

Your assignment…• Work in groups to develop criteria for a

president’s success…what do you believe it takes to be a successful president?

• Fill out the provided graphic organizer that will establish your criteria...also indicate the relative importance of the criteria by assigning an importance score of 1-3. (3=the highest, 1=lowest)

• Watch presidential videos and “rate” each president according to your grading scale

Criteria Description Importance Score

Score

Moral Authority His ability to be morally correct and stand as an exemplary citizen 1 0-5

Crisis Leadership His ability to act quickly and effectively during a crisis.

3 0-5

Relations with Congress

Maintains good relations with Congress. Able to work with rather than against. 2 0-5

To get the final score…

• Multiply the importance score by the rating and add the totals

•Which president do you feel was the most successful? Which was the worst? Why?

Example (graphic organizer 2)

•President: George Bush Criteria Importance Score

Rating (1-3)

Total

1 1 3 1 X 3 = 3

2 3 1 3 X 1 = 3

3 2 0 2 X 0 = 0

Total: 3+3+0=6

Moral of the Story…

People’s views on what makes a president successful greatly vary,

leaving the presidency to be the most highly debated office in the United

States government. -

www.americanpresidents.org/survey/historians/

The Federal Bureaucracy

Organizing the work force!•Who works in the Central Bucks School

District?▫I.e. what type of jobs do people have?

•How would you organize these jobs for accountability and effectiveness?▫I.e. who is in charge of who?

•Draw a representation of this?▫What does your representation look like? ▫Do you think it would be effective?

Definition

•Bureaucracies are large, complex organizations in which employees have very specific job responsibilities and work within a hierarchy of authority.

4 Types of Government Organizations

•Departments•Independent agencies•Regulatory commissions•Government corporations

Very Brief History of Bureaucracy•Government at all levels grew enormously

during the 20th century.

▫Society has become increasingly complex.▫Recent years = trying to cut down size.

Deregulation

Bureaucrats – paper pushers!

•Most of the bureaucrats who work for the federal government are hired under the requirements of the civil service.

▫Appointments to the federal bureaucracy filled on the basis of merit

▫Employees are not fired for political reasons (known as “patronage”). CREATES A PROFESSIONAL NON

PARTISIAN WORKFORCE!

Presidential Appointments• Presidents appoint

fewer than 1 percent of all executive branch employees.

• The ones they appoint fill the top policymaking positions.

▫ Cabinet Positions

Data Entry will kill you.

Creating an executive department

•Read the Handout describing the different executive departments and cabinet positions.▫Which position is the most powerful?▫Which position is the least important?

•Be prepared to share.

You have been selected to advise the new president.

•What cabinet positions do you believe the president should keep AND WHY?

•Create a new cabinet position/executive department. Include:▫Name, area of operation or focus▫Who the position reports to and who you

would appoint as the secretary of this department.

▫Create a seal for your department.

The Judicial Branch

The Courts

Power of Courts

•The Constitution established “one Supreme Court” ▫Congress structured the federal judiciary.

•Judicial review = supremacy of the Supreme Court.

Components of Judicial Review

•Power of the courts to declare national, state, and local law invalid. ▫IF they violate the Constitution

•Supremacy of national laws when they conflict with state and local laws.

•The Supreme Court as the final authority on the meaning of the Constitution.▫The only way to override a Supreme

Court Decision is to amend the Constitution.

Criminal Cases

•Criminal cases involve crime or violation of a public order. ▫Michael Vick▫Paris Hilton▫OJ Simpson▫Chris Brown?

Civil Cases

•Civil cases involve private dispute.▫Such as accidents,

contractual obligations, and divorce.

▫Brittany and K-Fed

Federalist System

•Two Court Systems in the United States▫State and Federal

•Similar Structure•State Courts are inferior to District

Courts.•Hear cases based on Jurisdiction

Organization

•The state courts: ▫Each state (and the District of Columbia)

has its own court system. No two are alike.

▫Co-exist with the federal court system. Individuals fall under the jurisdiction of both.

▫ Handle and resolve most legal disputes.

Federal Structure

▫The federal courts are like a pyramid The Supreme Court is at the apex The U.S. Courts of Appeals occupy the

middle The U.S. District Courts serve as the base.

▫There are ninety-four federal district courts and nearly 650 full-time district judges. All Presidential appointments.

District and Circuit Courts

                                                                                                                                                                                                                      

Types of Jurisdiction•Original – A court has the right to hear a

case first. ▫Supreme court only holds in questions of

ambassadors and arguments between states

•Appellate – Most cases arrive at the SC on appeals, must come from lower courts.

•Concurrent – Could go to either State or Federal. (doesn’t deal with SC)

Nine Justices

Getting to the Court•Nine Justices appointed by Pres.

▫Approved by Senate.• Justices meet and determine which cases to

hear.▫Rule of Four.

•Writs of Certiorari – to make the court informed.▫7000 to 8000 requests per year.▫Approve about 1%

•Approximately 100 argued and given written opinions.▫Others are just read and decided upon.

Path to the Supreme Court

•Cases start in District Courts (Trial Courts)

•Travel to the Courts of Appeals▫Alleged improper

courtroom procedure▫Incorrect application of

the law•Final say is the

Supreme Court

Path to the Court

Written Opinion•Unanimous – All justices agree.

•Majority – Opinion of the majority of justices

•Dissenting – Opinion of justices not in the Majority.

•Concurring – Opinion written by a justice who either agrees of dissents but for a different reason.

Judicial Activism

•Justices rule by personal values.•Do not directly follow the constitution.•More liberal Interpretation.

Judicial Restraint

•Justices rule only by the constitution.•More conservative interpretation.•Keep things the same.