Roots of Legislative Branch - PDF Free Download

Roots of Legislative Branch Under British, colonial assemblies chosen as advisory bodies to royal governors. Assemblies gradually assumed more power in each colony, gaining responsibility over taxation/spending. Continental Congress: gathering of selected legislators from 13 colonies Continental Congress became 1st American Congress

Under ARTICLES CONGRESS LACKED POWER TO: After CONSTITUTION TO CONGRESS HAD POWER TO : 1. 2. 3. 4. 5. 6. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

Under ARTICLES CONGRESS LACKED POWER TO: 1. Provide for effective treaty-making power and control foreign relations 2. Compel states to meet military quotas; could not draft soldiers. 3. Regulate interstate and foreign commerce. 4. Collect taxes directly from people 5. Compel states to pay their share of government costs. 6. Provide for a uniform currency; left up to states, and monies in circulation differed tremendously in value. After CONSTITUTION TO CONGRESS HAD POWER TO : 1. Declare war and make peace. 2. Enter into treaties and alliances. 3. Establish and control armed forces. 4. Requisition men and money from states. 5. Borrow money and issue bills of credit. 6. Fix uniform standards of weight and measurement. 7. Create admiralty courts. 8. Create postal system. 9. Regulate Indian affairs. 10. Guarantee citizens of each state rights and privileges of citizens in several states when in another state. 11. Adjudicate disputes between states on state petition. 12. Coin money (issue currency); states could not issue own currency

Which Branch is Most Powerful? Congress placed at center of government. Article I In early years, Congress held bulk of power. Today, presidency has become quite powerful particularly since FDR. Congress now generally responds to executive branch legislative proposals.

Congressional Terms Senators: 6 year term with 1/3 of seats up for reelection every 2 years. House: 2 year terms, must be re-elected every general election. ALL MEMBERS CAN CHANGE! NO LIMIT TO TERMS!

Makeup of Legislative Branch Great Compromise: Created bicameral legislative branch Upper house: Senate, each state receives 2 representatives. 100 total Lower house: House of Representatives, apportioned by population. 435 total

Qualifications for Congress House 25 years old US Citizen for 7 years Resident of state you represent Senate 30 years old US Citizen for 9 years Resident of state you represent What about informal qualifications? Are there informal qualifications?

115 th Congress as compared to previous Congress

Today, that number has SOARED to 19%...what if you had a 19 average in a class?? Congressional approval ratings hit an all-time low in November of 2013 (9%).

115 th Congress by State

Critical Thinking Compare the Information You Can Draw from the Two House Maps

Critical Thinking 2 Compare the Information You Can Draw from the Three Maps

2001 GA Redistricting Map Found to be unconstitutional

13th

2012 Congressional Districts

Metro Atlanta: The Hillgrove district is located in the 11 th Congressional district. This seat is currently held by Rep. Barry Loudermilk (R).

How our wonderful neighbors to the west drew their Congressional districts How are these districts Constitutional?

Gerrymander Drawing district lines that gives unfair advantage to one group over another. Named for Elbridge Gerry, former Governor of Massachusetts Mixture of word salamander and Governor Gerry s name Often drew legislative/district lines to benefit friends

The Original Gerrymandered District

Gerrymandering? How it works Packing securing opposition into few districts, saving a majority for yourself Cracking disperse opposition and dilute their influence (majority/minority)

Gerrymandering?

Apportionment and Redistricting Constitution requires all Americans be counted every 10 years by census. Census determines allotment of seats in House Redistricting (redrawing of congressional districts to reflect changes in population shifts) done by state legislatures Gerrymandering often struck down by courts.

Purpose Bicameralism Limits power of legislature (think House of Commons) Two different mindsets House will of the people Senate steady hand; in-depth analysis Slows down government Constitution Consequences Can lead to gridlock Requires compromise Creates an additional check/balance

Spend Money Regulate Commerce Taxation Create Powers of Courts Congress Declare Lawmaking War Make all laws "necessary and proper" to carrying out the enumerated powers

Power of Incumbency 2014: 95% of House incumbents won reelection despite an overall Congressional approval rating of about 14% 2014: 82% of Senate incumbents won reelection 2012: 90% of House members won reelection 2012: 91% of Senate members won reelection Senate reelection rates tend to be lower than that of House (2012 was a bit of an aberration) Advantages Greater name recognition Easier to raise money; about 75% of contributions goes to incumbents Credit claiming which increases victory of margin Discourages challengers Franking- free mail to constituents Disadvantages Voters more likely to vote for person NOT party Challengers with deep pockets

Organization of Congress Every 2 years, new Congress is seated. 114 th currently in session Congress opens each new session in January after election day 1 st order of business is election of leaders, adoption of new rules. Both houses of Congress organized by party for both leadership and committee purposes. CONGRESS VERY PARTISAN!

Key Differences Between Houses Found in Constitution House Initiate revenue, budget, and appropriation bills- $$$$ All money bills start in House Impeaches president Selects President in case no majority winner in electoral college Senate Offers advise and consent for presidential nominees by confirming presidential appointments of federal judges, Supreme Court justices, heads of departments and agencies, and ambassadors Convicts president AFTER impeachment in House

Other Important Differences Between Two Houses House Formal Many rules Rules Committee very powerful Germaneness requirement for bills Become specialists in 1 major area Speaker extremely powerful Senate Foreign policy experts Relaxed Less rules (filibuster allowed) No Rules Committee Senators become generalists and become experts in several key areas Senate holds on bills Unanimous consent agreements to ease bill passage

Committee System Real work done by committees & subcommittees Committees historically been of same ratio of party members as each house Ratio of committee assignments ratio SHOULD be same as ratio in entire House/Senate VERY political How can committees casework affect legislators?

Types of House Committees House has 4 types of committees Standing (or permanent) committees Special (or select) committees Joint and conference committees Committee of the Whole

Standing House Committees Permanent House panels identified in House Rule X, which also lists jurisdiction of each committee. Have legislative jurisdiction: standing committees consider bills/issues and recommend measures for consideration by full House. Have oversight responsibility to monitor agencies, programs, and activities within their jurisdictions

Special or Select House Committees Have issue-specific jurisdictions, functions and responsibilities set forth in House Rules. Frequently created for finite time period.

Standing Committees Committee on Agriculture *Committee on Appropriations (projects) Committee on Armed Services *Committee on the Budget Committee on Education and the Workforce Committee on Energy and Commerce Committee on Financial Services Committee on Government Reform Committee on Homeland Security Committee on House Administration Committee on International Relations Committee on the Judiciary Committee on Resources *Committee on Rules (runs the House) Committee on Science Committee on Small Business Committee on Standards of Official Conduct Committee on Transportation and Infrastructure Committee on Veterans' Affairs *Committee on Ways and Means (taxes) House Committees Special, Select, and Other House Permanent Select Committee on Intelligence Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina Joint Joint Economic Committee Joint Committee on Printing Joint Committee on Taxation

Committee of the Whole Most important committee composed of all House Members Created to expedite consideration of bills Quorum is 100 Members (as compared to 218 in the House) and debate on amendments conducted under 5-minute rule following general debate. Debates over details of legislation almost always conducted when House sitting as Committee of the Whole, which reports its legislation, with any amendments, to House for an up/down vote.

Types of Senate Committees 3 types of committees Standing committees Select (or special) committees Joint and conference committees

Senate Standing Committees Permanent bodies with specific responsibilities spelled out in Senate's official rules. Senate committees divided, according to relative importance, into 3 categories Class A, Class B, and Class C. Senators limited to service on 2 Class A committees and 1 Class B committee. Assignment to Class C committees made without reference to member's service on any other panels.

Special (and Select) Senate Committees Most fall into either Class B or Class C category. Created for clearly specified purposes Now considered permanent, though not initially Special investigating committees, such as 1973 Select Committee to Investigate Presidential Campaign Activities (Watergate Committee), expire after they submit final report to Senate.

Senate Committees Standing Committees Agriculture, Nutrition, and Forestry *Appropriations (projects) Armed Services Banking, Housing, and Urban Affairs Budget Commerce, Science, and Transportation Energy and Natural Resources Environment and Public Works *Finance (money) *Foreign Relations (treaties) Health, Education, Labor, and Pensions Homeland Security and Governmental Affairs *Judiciary (approves judges) Rules and Administration Small Business and Entrepreneurship Veterans Affairs Special, Select, and Other Indian Affairs Select Committee on Ethics Select Committee on Intelligence Special Committee on Aging Joint Joint Committee on Printing Joint Committee on Taxation Joint Committee on the Library Joint Economic Committee

Former President Pro Temp Ted Stevens (R-AK) and his $223 Million dollar Bridge to Nowhere And his $500K Salmon-Thirty-Salmon Two Pork Barrel- Earmarks for Alaska

Joint Committees Composed of Members from both House and Senate. Most important job of joint/conference committee is to smooth out differences between versions of same bill before it goes to President for signature

Lawmaking Most important constitutional power of Congress: make laws. Shared by House and Senate. Bill must be passed by both houses

Lawmaking Anyone can write a bill Only member of House/Senate may introduce bill. Bill must survive 3 stages: 1. Committees 2. The floor 3. The conference committee. Over 9,000 bills proposed and fewer than 5 to 10% enacted. Bill can die at any stage, MOST DO! ALL REVENUE BILLS MUST ORIGINATE IN HOUSE

How a Bill Becomes a Law The Process: 1. Introduced to House (or Senate) 2. Assigned to committee by Leader or Speaker 3. Assigned to subcommittee- -Most bills die in committee (Bill Goes to Rules Committee in House only) 4. Returns to floor with report by committee -Debate of bill 5. Passes or fails on floor 6. On to other body with same schedule 7. If both houses pass bill, they are likely different versions so the 2 bills go to -Conference Committee 8. If the Conference Committee agrees then the new bill goes to both Houses for one final approval -Many bills die here, too! 9. But if both chambers approve it goes to the President 10. He can -Sign it into law -Let it become law (if Congress is in session) -Veto it -Pocket veto (if Congress is not in session) 11. Congress can override presidential veto with a 2/3 vote of each house

How a Bill Becomes a Law, The Process:

How a Bill Becomes a Law The Process: Introduction <10% actually pass Most migrate from Executive Branch (policy influence think Obamacare) Bills easily defeated victories tough Two key steps Authorization allows a program Appropriation provides funding Only a simple majority (50% + 1) needed for most steps

How a Bill Becomes a Law The Process: Committee & Subcommittees Pass reported for consideration KILL Amend? Earmarks used to denote changes Pigeonhole We re not NOT working on it Most bills get stuck here Discharge petition Skip committee and go straight to the full House RULES COMMITTEE traffic cop function Open rule; can amend Closed rule; cannot amend

How a Bill Becomes a Law The Process: Floor Action Debate in both SENATE can filibuster UNSTOPABLE** debate to discuss a bill Designed to kill a bill it dies or changes! Cloture vote by 3/5 Senators to end debate SENATE can have non-germane amendments (riders) Christmas Tree bills

Filibuster Minority party tactic to talk a bill to death Only allowed in Senate Dutch word meaning pirate Under Senate rules, speech need not be relevant to topic under discussion Cases where senator read from phone book To stop filibuster or apply cloture: 16 Senators must sign a petition 60 votes to end debate

Fun Filibusters Facts Taking to the diaper, referred to preparation before filibuster Longest filibuster on record 1957 Sen. Strom Thurmond talked for 24 hours and 18 minutes in attempt to kill civil rights bill Thurmond visited steam room before filibuster to dehydrate so he could drink without urinating. Aide stood by with a pail in case of emergency Bill passed less than 2 hours later, 62-15. Thurmond succeeded in shattering previous record set by Sen. Wayne Morse, D-Ore., in 1953 of 22 hours and 26

Party Caucus Gathering of all members of each party in each house of Congress (Republicans call it the Conference) Responsibilities Select party leaders Assign party members to committees Set policy goals There are also many caucuses organized around common interests/characteristics of its members (Congressional Black Caucus, Tea Party Caucus, Military Veterans Caucus, etc.)

How Does Congress Make Decisions on Bills? Interest Groups Colleagues Caucuses Congress Party Constituents Staff Political Action Committees

Who influences member of Constituents Congress? Congressmen are delegates to their constituents, making sure their voices are heard Own beliefs aside only constituents matter Personal beliefs Congressmen are trustees, having been selected to make decisions on behalf of their constituents. Party affiliation Congressmen can be partisan and listen mainly to the party. Logrolling/reciprocity exchanging votes/favors (I ll scratch your back )

115 th Congress and Important Congressional Offices

Party Breakdown in 115 th Congress House Republicans 241 Democrats 194 (D = +6 since 114th) Senate Republican Party 52 Democratic Party 48 Independents 2 *Independents Angus King- Maine and Bernie Sanders- Vermont both caucus with the Democrats

Salaries of the 115 th Congress House $174,000/year Senate $174,000/year Speaker; $223,500 Senate Majority/Minority leaders, President Pro Tempore = $193,400 How does this compare? 1789 - $6 per diem 1874 - $5,000/year 1990 - $98,400

Congressional Leadership Offices to Know For Unit Test- What do they do? What are the official jobs of each leadership position?) For Quiz- Who are they?-who holds these positions in the 115 th?? (14 people) What party are they from? Speaker of the House House Majority Leader House Majority Whip House Minority Leader House Minority Whip President of the Senate President Pro Tempore of the Senate Senate Majority Leader Senate Majority Whip Senate Minority Leader Senate Minority Whip + Georgia s 2 Senators and 1 Congressman

Speaker of the House Paul Ryan (R-Wisconsin) born 1970 House since 1999 Selected for position in January 2012

Roles of Speaker of the House Principal leader of House Typically will (1) preside over daily sessions of House (2) preserve order in chamber (3) state parliamentary motions (4) rule on parliamentary questions (5) appoint committee chairs and members (6) refer bills to committee (7) sign legislation, writs and warrants (8) act as official spokesman for House

House Majority Leader Rep. Kevin McCarthy Represents California 22 nd District Born 1965 First elected in 2007

Role of House Majority Leader Role been defined by history and tradition. Schedules legislation for floor consideration Plans daily, weekly, and annual legislative agendas Consults with Members to gauge party sentiment Works to advance goals of majority party

House Majority Whip Steve Scalise R- Louisiana Elected in 2008

House Majority Whip Duties (1) assist floor leader (2) ensure member attendance (3) count votes (4) generally communicate majority position

House Minority Leader Nancy Pelosi (D-CA) born 1940 House since 1987 Was the first female Speaker of the House in U.S. History (2007-2011)

House Minority Leader Duties Principal leader of minority caucus. Responsible for (1) developing minority position (2) negotiating with majority party (3) directing minority caucus activities on chamber floor (4) leading debate for minority

House Minority Whip Steny Hoyer (D-MD) born 1939 House since 1981

Minority Whip Duties (1) assist minority leader on floor (2) count votes (3) ensure attendance of minority party members

President of the Senate Vice-President Mike Pence Born 1959 Congress since 2001 Formerly the governor of Indiana

President of the Senate VP is President of Senate. Non-voting member unless vote of Senate ends in a tie, in which case VP casts deciding vote. Constitution understands VP will not always be available and provides for President pro tempore (literally, temporary president)

President Pro Tempore Sen. Orrin Hatch R-Utah Born 1934 First elected to the Senate in 1976 of the Senate

President Pro Tempore of the Senate Elected by Senate By custom, most senior senator in majority party Primarily honorary, does not carry significant political power

Senate Majority Leader Mitch McConnell (R-KY) born 1942 Senate since 1985

Senate Majority Leader Leads majority party in Senate Manages and schedules legislative and executive business of Senate In practice Senate Majority leader highly influential figure, usually has great deal of power over what legislation is approved by Senate. Has authority over other officials such as Senate whips and floor leaders

Senate Majority Whip John Cornyn ( R TX) Born 1952 Senate since 2002

Senate Majority Whip 2 nd ranking member of Senate Main function of Majority Whip is to gather votes on major issues.

Senate Minority Leader Charles Chuck Shumer (D-NY) born 1950 House 1981 Senate since 1999

Senate Minority Leader Elected as leader of minority party Serves as chief Senate spokesperson for party Helps to manage and schedule legislative and executive business of Senate.

Senate Minority Whip Dick Durbin (D-IL) born 1944 Senate since 1997

Senate Minority Whip 4 th ranking member of Senate Main function: gather votes on major issues among members of minority party.

Georgia s Speaker of the House David Ralston - R Blue Ridge Speaker since 2010 State Senator from 1992-1998 Former Attorney General of GA

Georgia s 36 th House District Representative Earl Ehrhart - R Elected in 1998 Chair of Subcommittee on education

Georgia s 37 th Senate District Representative Lindsey Tippins- R Senate 2010 Former CCSD school chair

Georgia s Senior Senator Johnny Isakson-R Elected 2004 Former member of House Real Estate Broker

Georgia s Junior Senator David Perdue- R Elected 2014 Businessman Former CEO of Reebok and Dollar General

Georgia s Congressional 1. Buddy Carter (R) 2. Sanford Bishop (D) 3. Drew Ferguson(R) 4. Hank Johnson (D) 5. John Lewis (D) 6. Tom Price (R) Delegation 10- Republican and 4-Democrats 7. Rob Woodall (R) 8. Austin Scott(R) 9. Doug Collins(R) 10. Jody Hice (R) 11. Barry Loudermilk (R) 12. Rick Allen (R) 13. David Scott (D) 14. Tom Graves (R)

Important Acts and Supreme Court Cases for Test

Know all of these Supreme Ct. Cases Dred Scott v Sandford *only new case Shaw v Reno Miller v Johnson Baker v Carr Amendments and Acts Buckley v Valeo 16th Amendment Gibbons v. Ogden 17 th Amendment Marbury v Madison Tonkin Gulf Resolution Heart of Atlanta Motel v US War Powers Act Congressional Budget and Impoundment Act

Amendment XVI Gave Congress power to tax income on federal level The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration.

Amendment XVII In past, Senators APPOINTED by state legislatures 17 th Amendment allowed American citizens to vote for their 2 senators The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

Tonkin Gulf Resolution- 1964 Congressional resolution passed in 1964 that authorized military action in Southeast Asia. Officially started Vietnam War/Conflict for US Congress gave president powers beyond those found in Article II Resolution replaced by War Powers Act (Resolution) in 1973

War Powers Act- 1973 Restricted power of president Requires president to consult with Congress prior to start of any hostilities and regularly until U.S. armed forces are no longer engaged in hostilities Required president to remove U.S. armed forces from hostilities if Congress has not declared war/passed resolution authorizing use of force within 60 days Following an official request by President to Congress, time limit can be extended by additional 30 days

Congressional Budget and Impoundment Control Act CBIA-1974 Denied president right to refuse to spend money authorized by Congress. President could no longer hold back, or impound, funds for programs or spending priorities with which he disagrees Also established the House and Senate Budget Committees and the Congressional Budget Office (CBO)

Dred Scott v. Sandford (1856) Facts of Case Dred Scott was slave in Missouri. From 1833 to 1843, resided in Illinois (free state) and in area of LA Territory, where slavery was forbidden by Missouri Compromise of 1820. After returning to Missouri, Scott sued unsuccessfully in Missouri courts for freedom, claiming his residence in free territory made him free man. Scott then brought new suit in federal court. Scott's master maintained no pure-blooded Negro of African descent and descendant of slaves could be citizen in sense of Article III of Constitution. Question Presented Was Dred Scott free or slave?

Conclusion Chief Justice Roger B. Taney Court ruled Dred Scott was a slave, and no one but citizen could be a resident of state, only Congress could confer national citizenship. Upheld idea that no person descended from an American slave had ever been citizen Court declared that Missouri Compromise unconstitutional, hoping to end slavery question once and for all.