UNIT 3: THE LEGISLATIVE BRANCH

UNIT 3: THE LEGISLATIVE BRANCH

POWERS OF THE LEGISLATIVE BRANCH E X P R E S S E D OR IMPLIED

EXPRESSED POWERS Powers that are specifically listed in the Constitution (Article 1 Section 8) Coin money Impeach and remove executive and judicial officers Control commerce/trade Approve president s budget Make laws Declare war Approve presidential appointments

I CAN FIND EACH AND EVERY ONE LEGISLATIVE POWERS SIMPLY BY READING THE CONSTITUTION

Powers NOT listed in the U.S. Constitution This allows congress to stretch it s delegated powers to manage new situations and to pass laws related to situations that occur long after the Constitution was written. (i.e. airlines, internet, TV) IMPLIED POWERS

IMPLIED POWERS CONTINUED Necessary and Proper Clause: to make all laws which shall be necessary and proper for carrying into execution the foregoing powers. also called the Elastic Clause Examples: Setting up military academies Helps providing for the general welfare of the U.S.

CHECKS (POWERS OVER THE OTHER TWO BRANCHES)

OVER THE EXECUTIVE BRANCH Override vetoes Impeach the President and Vice President Approve federal judges

OVER THE JUDICIAL BRANCH Approve Federal judges Impeach Federal judges

SPECIAL POWERS OF THE LEGISLATIVE BRANCH

Congress has the power to accuse high officials of serious crimes and bring them to trial. The federal officials that Congress can bring to trial include the president, vice president and federal judges. SPECIAL POWERS

SPECIAL POWERS CONTINUED Congress may remove these officials if they are found guilty of a serious crime. The procedure for listing charges in the House of Representatives is called: impeachment

SPECIAL POWERS CONTINUED The trial on the impeachment charges is held in the Senate. The members of the Senate serve as the jury and vote on the guilt or innocence of the official. 2/3 of the Senate must find the official guilty before he or she can be dismissed from office.

HISTORY OF IMPEACHMENT 3 Presidents: -Andrew Johnson: both acquitted -Richard Nixon: resigned before proceedings -Bill Clinton: in the house

HISTORY OF IMPEACHMENT 1 Cabinet Officer: William Belknaps (Sec. of War) 1 Senator: William Blount 1 Supreme Court Justice: Samuel Chase 14 Federal Judges

BICAMERAL Two houses: BI meaning 2, and CAMERAL meaning chambers (or houses) Senate and House of Representatives *Two house system allows each house to check the actions of the other house which prevents Congress from passing laws in a hurry.

THE HOUSE OF REPRESENTATIVES T H E L O W E R HOUSE

THE HOUSE OF REPRESENTATIVES The number of representatives each state can have is based on the size of that states population Each state has at least one representative. 435 total representatives

THE HOUSE OF REPRESENTATIVES Every 10 years, after a census is taken, Congress determines how the seats in the House are to be apportioned (distributed). If the states population decreases from one census to the next, then the number of representatives may be lowered.

HOUSE OF REPRESENTATIVES States whose population grow will be entitled to more representatives. The House of Representatives is often called the lower house.

HOUSE OF REPRESENTATIVES REQUIREMENTS Representatives must be: at least 25 years old A U.S. citizen for at least 7 years A legal resident of the state they represent TERM: Representatives serve 2 year terms Elections: elections are held in November of each even number year

HOUSE OF REPRESENTATIVES John Dingell (D) from Michigan s 15 th district, is the longest serving member of the House of Representatives with 36 years of consecutive service. How many elections did he win?

HOUSE OF REPRESENTATIVES: SPEAKER OF THE HOUSE Leader of the House of Representatives The Speaker of the House is elected from the majority party. Majority party: the political party that holds the most seats in the House.

HOUSE OF REPRESENTATIVES: THE SPEAKER OF THE HOUSE The Speaker is the presiding officer of the entire House of Representatives. No representative may speak until called on, or recognized by the speaker. Third in line for Presidential succession.

HOUSE OF REPRESENTATIVES: SPECIAL POWERS Powers that only the House has: A. Begin impeachment proceedings B. Initiate bills to raise money (appropriation bills) C. Select the president when no candidate receives sufficient electoral votes -Appropriation bills: a legislative act proposing to authorize the use of public funds for a specialized purpose

SENATE T H E U P P E R H O U S E

SENATE MEMBERSHIP Each state is represented equally (=) 2 members per state 100 members total Members are called Senators

Senators must be: Must be 30 years old A U.S. citizen for at least 9 years A legal resident of the state in which they represent. Senators serve 6 year terms 1/3 of the Senate s membership comes up for election every two years in November. The Senate is called the upper house. SENATE REQUIREMENTS

Vice President: according to the Constitution the VP presides over the Senate. Only votes in the case of a tie. SENATE : LEADERSHIP

President Pro Tempore: Fills in for the VP when necessary (or if the VP is simply not present) Pro tempore is Latin for time being President Pro Tempore is elected by the Senate and is customarily the longest serving member of the majority party. SENATE: LEADERSHIP

SENATE: LEADERSHIP Senate Majority leader Senate Minority leader Elected by their party, these leaders are the spokesman for their parties. *They manage the business of the Senate*

Powers that only the Senate has: Hold impeachment hearings Select the vice president when no candidate receives enough electoral votes. Approves treaties Approve high officials SENATE: SPECIAL POWERS

SENATE House of Representatives CONGRESS THE LAWMAKERS

Congress= Senate and the House of Representatives Every 2 years, all of the members of the House of Representatives and 1/3 of the Senators are up for election The 2 year period between elections is called the Congress. Today it s called the 112 U.S. Congress. CONGRESS: ORGANIZATION

Two session per term/congress Begins in January Joint Session: House and Senate meet together. Special Session: The president may call a special session of Congress even if they have adjourned (ended) for the year. CONGRESS: SESSIONS May 25, 1961 : JFK in a joint session of Congress, giving a speech focusing on sending a man to the moon December 8, 1941 FDR giving his Date which will live in infamy speech. He called a special session of Congress to declare war on the Japanese.

The political party that has the most members in Congress is known as the majority party The political party with the fewest members is known as the minority party. CONGRESS: PARTIES

HOW A BILL BECOMES A LAW T H E R O L E O F T H E L E G I S L A T I V E B R A N C H I S T O M A K E L A W S

HOW A BILL BECOMES A LAW Legislate: to create or pass laws The process of making laws is a very difficult task. The American ideal is built upon differences of opinions on how this country should be run.

HOW A BILL BECOMES A LAW There is no better place to look at a wide range of ideas then the U.S. Congress The process of making laws is not taken lightly. Each law will be researched, analyzed and picked apart before it even hits the floor of Congress. Turning ideas into bills and then laws is a long process that help to ensure that laws made by Congress are good for the nation.

HOW A BILL BECOMES A LAW: Step 1: Ideas proposed by: A. Citizens B. Interest Groups C. President

HOW A BILL BECOMES A LAW Step 2: Introduction The bill can be proposed or introduced in either the Senate or the House of Representatives.

HOW A BILL BECOMES A LAW Step 3: Committee in both Houses A. Study the bill B. Hold hearings C. Reject or approve bills

HOW A BILL BECOMES A LAW Step 4: Debate The bill is debated vigorously in the house that it started in.

HOW A BILL BECOMES A LAW Step 5: Vote A. If the bill is approved it is then sent to the other house (i.e.. Started in the HOR, then it would go to the Senate) B. If the bill is originally rejected, it will die

HOW A BILL BECOMES A LAW Step 6: Approval If the bill is approved by the other house, it is then sent to the president for his signature.

HOW A BILL BECOMES A LAW Step 7: A. The president can sign the bill (it will then become the law) B. The president may veto the bill.

HOW A BILL BECOMES A LAW Step 7: Veto override/laws Congress can override a veto with 2-3 majority in both houses.