The Legislative Branch
What you need to know Differences between the House of Representatives and the Senate The legislative process Influence of lobbyists How a bill becomes a law
The National Legislature Congress is bicameral two houses because the British Parliament was this way, in order to settle the differences between the New Jersey and Virginia Plans, and to provide checks and balances (watered down the power of the Congress)
Terms and Sessions Congress has 2 year terms The date for each term was determined in the 20 th Amendment Noon of the third day of January of every odd numbered year A session is that period of time during which Congress assembles and conducts business each year (2 each term)
Special Terms Adjourns suspends until the next session The President can prorogue (end) a session The President can also call a special session (a meeting to deal with some emergency situation) Only 26 have ever been held (1948 was the most recent)
The House of Representatives 435 members (not fixed by the Constitution) based on State populations 2 year terms makes members tend to matters back home Unlimited terms The size of Congress is now fixed because of the Reapportionment Act of 1929 (sets up permanent size of the House)
Qualifications for House Members Must be at least 25 Must be a US citizen for 7 years Must be an inhabitant of the State from which he/she is elected Custom: must live in the district that they represent House can punish its members, settle disputes, etc
The Senate 100 members as set by the Constitution 2 Senators from each State 17 th Amendment allows voters to pick Senators 6 year terms, no term limit Continuous Body all of its seats are never up for election at the same time
Qualifications for Senators Must be at least 30 years old Citizen of the US for 9 years Inhabitant of the State they represent Senate judges qualifications of its members, can refuse to sit someone, can punish its members and remove them from office
Congressional Elections Are held on the same day in every state
Party Officers Congress is a political body (partisanship) The Party Caucus closed meeting of the members of each party in each house, meets just before Congress convenes in January, deals with party organization Floor Leaders next to the speaker the majority and minority floor leaders are the most important officers in Congress
The Job Members of Congress play 5 major roles: legislators, representatives, committee members, servants of their constituents, politicians
Compensation Salary: $174,000 a year Each member receives fringe benefits Special tax deductions, travel allowances, offices in DC, free printing (franking privilege) Limits on Congressional pay: Presidential veto, fear of voter backlash When in office, Congressman are privileged from arrest (legislative immunity) except in cases of treason, felony, or breach of the peace
Congressional Power Congress only has those powers given to it in the Constitution Expressed Powers explicitly Implied Powers reasonable deduction from the expressed powers Inherent Powers by creating a national government
Power to Tax A tax is a charge levied by the government on persons or property to raise money to meet public needs Congress power to tax is limited No tax on Church services or voting Can only tax for public purposes Congress cannot tax exports Direct taxes must be apportioned among the states (income tax) All indirect taxes levied by the Federal government must be levied at the same rate in every part of the country
Borrowing Power No constitutional limits on the amount of money that Congress may borrow, and no restrictions on why they borrow Public debt all of the money borrowed by the government over the years and not yet repaid
Commerce Power Commerce Power the power of Congress to regulate interstate and foreign trade Gibbons v. Ogden (1824) States cannot regulate interstate commerce Broad definition of commerce Limits Cannot tax exports Cannot favor the ports of one State over another Cannot require that interstate vessels pay duties to another state Cannot interfere with the slave trade
Currency Power Power to coin and regulate money National system of money
Bankruptcy Power Congress can establish uniform laws on the subject of bankruptcy throughout the US Bankruptcy the legal proceeding in which the bankrupt s assets are distributed among those to whom a debt is owed Bankruptcy cases are almost always held in federal district courts
Foreign Relations Power Greatest power is in foreign affairs Shares power with President Power comes from 2 sources Various expressed powers US is a sovereign state in the world community
War Power Shares power with the President Only Congress can declare war Power to raise and support armies and navies
Expressed Powers Naturalization Process by which a person becomes a citizen Postal establish Post Offices and postal routes Copyrights exclusive right of an author to reproduce, publish, and sell his creative work Patents grants a person the sole right to manufacture, use, or sell any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvement thereof
Expressed Powers Weights and Measures absolute need for accurate, uniform gauges of time, distance, area, weight, volume, and the like Territories and Other Areas acquire, manage, and dispose of various federal areas (ex: DC, Puerto Rico, Guam, Virgin Islands) Judicial create all of the federal courts below the Supreme Court and to structure the federal judiciary, define federal crimes and punishments (counterfeiting, piracies, and felonies on the high seas, and offenses against international law)
Implied Powers Necessary and Proper Clause gives Congress the expressed power to make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States
McCulloch v. Maryland, 1819 The Court held that the Constitution need not expressly empower Congress to create a bank The power to create a bank was necessary and proper to the execution of 4 of the expressed powers: taxing, borrowing, currency, and commerce
Non-legislative Duties (nonlawmaking duties) Constitutional Amendments can propose changes to the Constitution Electoral Duties rarely used, but can elect the President Impeachment the House can accuse, the Senate will try the case charges against the President, Vice-President, and all civil officers (Andrew Johnson and Bill Clinton)
Non-Legislative Duties Executive Powers Appointments Senate must confirm Presidential appointments (Cabinet, Supreme Court Justice, etc.) Treaties President must get Senate approval Investigatory Power Congress has the power to investigate any matter that falls within the scope of its legislative powers
Congress Convenes The House every other January meets to begin a new term The Speaker is elected by the House and then takes his/her oath of office that is read by the Dean of the House (the person with the longest record of service in the House) Next, the House elects its clerk, sergeant at arms, chief administrative officer, and chaplain (none are members of the House) Then, the House adopts the rules Finally, members are appointed to the 19 permanent committees
The Presiding Officers The Speaker of the House more important and more powerful within the halls of Congress, he is elected and is acknowledged as leader of its majority party, duties are to preside and keep order The President of the Senate is the Vice President, not a very powerful role, can only vote to break a tie President pro tempore serves in the VP absence
Party Officers The party caucus closed meeting of the members of each party in each house The floor leaders party officers, picked for their posts by their party colleagues Majority leader is more important Whip assistant floor leaders, serve as a link between the party s leadership and its members
Committee Chairmen Those members who head the standing committees in each chamber Committees do most of the work in the House Seniority Rule unwritten custom that provides that the most important posts, in both the formal and the party organization, will be held by those party members with the longest records of service in Congress (most strictly followed with respect to committee chairmen)
Committees in Congress Standing Committees permanent panels in each house 19 in the House (10-75 members) 17 in the Senate (14-28 members) Most bills get most attention in the committees The majority party holds the majority of the seats Divided into subcommittees and these are responsible for parts of the committee
House Rules Committee traffic cop of the lower House Before bills can reach the floor, they must go through the Rules Committee Can speed, delay, or prevent House action on a bill 13 members
Select Committees Panels set up for some specific purpose and, most often, for a limited time Most are formed to investigate a current matter (ex: Watergate, Secret Military Assistance to Iran, budworms, etc.)
Joint Committees Composed of members of both houses Most are permanent
Conference Committees Before a bill can be sent to Congress it must be passed in both houses in identical form Temporary, joint body is created to iron out the differences in bills that pass the House and the Senate, but that are not identical (a compromise bill is produced)
How a Bill Becomes a Law Read pages 334-346 and answer questions 1-4 on page 340 and questions 1-4 on page 346