unit 4 the legislative branch. section 1: role of congress
TRANSCRIPT
Unit 4
The Legislative Branch
The Legislative Branch
Section 1: Role of Congress
Legislative Branch—Make laws
• Federal: Congress (House of Representatives and Senate) in Washington, D.C.
• State: Congress (House of Representatives and Senate) in each state capitol
• Local: City Council, Township Trustees
3 Key Roles of Congress
Congress
1. Making Laws
2. Overseeing Agencies
3. Helping Constituents
1. Making Laws--how do members decide what laws to pass?
– Personal belief– Constituents’ (the citizens the representative
represents) Interests– Interest groups—a group of like-minded
individuals who band together to influence public policy, public opinion, or governmental officials
– Political Party Loyalty• *Congressmen must factor in these things
before deciding how to vote on a bill.
2. Overseeing Agencies
– Conduct investigations of agency actions and programs
– Seen as the “neglected function” – Congress would rather make programs that finding
out if existing ones work
3. Helping Constituents—members of Congress receive 200 million pieces of mail each year
– Individual requests• Giving their views• Ask for assistance with gov services, like Social Security
– Detecting patterns• If they get the same type of request or complaint,
Congressman will see there is a problem
– Handling requests• Usually handled by congressional staffs
Legislative Branch
Section 2: Houses and Members of Congress
Comparison of both houses of CongressHouse of Representatives Senate
Size 1. Set by Congress2. Decided by Population of each state (10
year census)3. Currently 435 members
1. Two from each state (100 total)
Terms 2 years 6 yearsQualifications 1. 25 years old
2. US citizen for at least 7 years3. Legal resident of state they represent
1. 30 years old2. US citizen for at least 9 years3. Legal resident of state they
represent
Salary and Benefits 1. $174,000 salary2. Office in congressional building3. Send mail for free4. General pensions, medical services, tax
deductions, free parking, free health club memberships
5. Immunity—legal protection. Can’t be arrested if it keeps them from performing their job
1. All the same as House of Representatives
Salary and benefit link
Congressional Districts for House of Representatives
• After each census, Congress uses the new population count to apportion the 435 seats among the states• States with population growth (West and
South) gain seats• States that lose population (Northwest) lose
seats• Each state will always have at least 1 rep• State legislature sets the districts for each rep
Gerrymandering
• Districts are drawn for political reasons to favor a political party• *Refer to Mr. Williams drawing on board for example
• Ohio Gerrymandering Map
Profile of Members of Congress
– Businesspeople or lawyers– Most have college degree– Most are over 40– Minorities and women underrepresented, but
getting better
Legislative Branch
Section 3: Powers of Congress
Powers of Congress
1. Expressed Powers
2. Special Powers
3. Implied Powers
1. Expressed Powers (written specifically in the Constitution, Article I, Section 8)
– Lay and collect taxes, pay debts, and provide for the common defense and general welfare of the US
– To borrow money– Regulate foreign and interstate commerce– Establish uniform rules for becoming a citizen– Coining money– Punish counterfeiters– Make copyright and patent laws– Est. national courts– Punish piracy– Declare war– Raise and maintain army– Call up a national militia– Govern DC– Make laws necessary to carry out above powers
2. Special Powers
– Impeaching officials– Ratifying treaties– Approving appointments– Deciding elections• If no majority of electoral votes in a presidential
election, each state votes for the winner (happened in 1801—Thomas Jefferson and 1825—John Quincy Adams)
3. Implied Powers
– “Congress has the power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers”—THE ELASTIC CLAUSE
– Ex: Right to establish military academies
Limits on Powers of Congress
– Pass ex post facto laws—a law that applies to an action that took place before the law was passed
– Pass bills of attainder—a law that punishes a person who has not been convicted in a court of law
– Suspend the writ of habeas corpus—a court order requiring police to bring all persons accused of a crime to court and to show sufficient reason to keep them in jail
– Pass laws violating the Constitution– Pass laws giving a state or group of states an unfair trade
advantage– Grant titles of nobility– Engage in spending that has not been authorized by law
