The Legislative Branch

The Legislative Branch Unit 3 AP Government

Important Terms and Concepts • Read your textbook carefully • Terms are VERY important this unit!

Roots of the Legislative Branch • The Framers were greatly influenced by the American colonial experience • Under the British, colonial assemblies were chosen as advisory bodies to the royal governors. • These assemblies gradually assumed more power and authority in each colony, eventually gaining responsibility over taxation and spending. • The Continental Congress was a gathering of the selected legislators from the 13 colonies • Upon independence, the Continental Congress became the first American Congress

Which Branch is the ‘Most’ Powerful?? • The framers of the U.S Constitution placed Congress at the center of the government. • Article I • In the early years of the republic Congress held the bulk of power. • Today, the presidency has become quite powerful particularly since FDR. • Congress now generally responds to executive branch legislative proposals.

Qualifications for Congress House • 25 years old • US Citizen for 7 years • Be a resident of the state you represent Senate • 30 years old • US Citizen for 9 years • Be a resident of the state you represent

Congressional Terms • Senators have a 6 year term with 1/3 of the seats up for reelection every two years. • House members serve 2 year termsand must be re-elected every general election. • NO LIMIT TO TERMS!

The Makeup of Legislative Branch • The Great Compromise provided the necessary vision to insure that the new legislature was accepted by the new country • A bicameral legislative branch of government was created • The upper house is called the Senate in which each state receives two representatives. • 100 total • The lower house is called the House of Representatives which is apportioned by population. • 435 total

Gerrymander • To draw district lines in such a way that gives unfair advantage to one group over another. • Named for Elbridge Gerry the former Governor of Massachusetts • Had been part of the Revolutionary War • Was one of the American emissaries to France during the XYZ Affair • The term “gerrymander” is a mixture of the word salamander and Governor Gerry’s name • He often drew legislative and/or district lines to benefit his political friends

Apportionment and Redistricting • The Constitution requires that all Americans be counted every 10 years by a census. • The census determines the allotment of seats in the House of Representatives. • Redistricting (the redrawing of congressional districts to reflect changes in seats allocated to the states from population shifts) is done by state legislatures and, of course, always has political overtones. • When the process is outrageously political, it is called gerrymandering and is often struck down by the courts.

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

Power of the Incumbency • 92% of House members have won reelection since 1946 • Members of the Senate are also likely to win reelection although less likely that the House • 75% since 1946 • 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 are more likely to vote for the person NOT the party • Challengers with deep pockets

Organization of Congress • Every two years, a new Congress is seated. • 112th currently in session • Congress opens each new session in January after election day • The first order of business is the election of leaders and adoption of new rules. • Both houses of Congress are organized by party for both leadership and committee purposes. • CONGRESS IS VERY PARTISAN!

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

Other Important Differences Between the Two Houses House • Formal • Many rules • Rules Committee very powerful • “Germaneness” requirement for bills • Congressmen become specialists in one major area • Speaker is 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

The Filibuster • Minority party tactic to “talk a bill to death • Only allowed in the Senate NOT the House • From a Dutch word meaning “pirate” • Under Senate rules, the speech need not be relevant to the topic under discussion • There have been cases in which a senator has undertaken part of a speech by reading from a phone book • To stop a filibuster or apply cloture: • 16 Senators must sign a petition • 60 votes to end debate

...Yikes!  Fun Filibusters Facts • They used to call it 'taking to the diaper,' a phrase that referred to “the preparation” undertaken by a prudent senator before an extended filibuster • Longest filibuster on record • In 1957 Sen. Strom Thurmond talked for 24 hours and 18 minutes in an attempt to kill a civil rights bill • Strom Thurmond visited a steam room before his filibuster in order to dehydrate himself so he could drink without urinating. • An aide stood by in the cloakroom with a pail in case of emergency • The bill passed less than two hours later, 62-15. • But Thurmond succeeded in shattering the previous record set by Sen. Wayne Morse, D-Ore., in 1953 of 22 hours and 26

The Party Caucus • Gathering of all the members of each party in each house of Congress • Responsibilities • Select party leaders • Assign party members to committees • Set policy goals

The Committee System • Real work of Congress is done by committees & subcommittees • Committees have historically been of the same ratio of party members as each house • The ratio of committee assignments ratio SHOULD be the same as the ratio in the entire House and/or Senate • The 109th Congressional committees did not reflect this • Committees were dominated by Republicans who were appointed by the Republican leadership

Types of House Committees • The House has four types of committees • Standing (or permanent) committees • Special (or select) committees • Joint and conference committees • And a Committee of the Whole (100 members)

Standing House Committees • These traditional “permanent” House panels are identified in House Rule X, which also lists the jurisdiction of each committee. • Because they have legislative jurisdiction, standing committees consider bills and issues and recommend measures for consideration by the full House. • They also have oversight responsibility to monitor agencies, programs, and activities within their jurisdictions, and, in some cases, in areas that cut across committee jurisdictions.

Special or Select House Committees • These committees have issue-specific jurisdictions, functions and responsibilities that are set forth in the House Rules. • These committees are frequently created for a finite time period.

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 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)

Committee of the Whole • This most important committee is composed of all House Members and is created to expedite the consideration of bills, other measures and amendments on the floor of the House. • In the Committee of the Whole, a quorum is 100 Members (as compared to 218 in the House) and debate on amendments is conducted under the five-minute rule (as compared to the hour rule in the House), following general debate. • Debates over the details of legislation are almost always conducted when the House is sitting as the Committee of the Whole, which following debate reports its legislation, with any amendments, to the House for an up or down vote.

Types of Senate Committees • The Senate has three types of committees • Standing committees • Select (or special) committees • Joint and conference committees

Senate Standing Committees • Senate standing committees are permanent bodies with specific responsibilities spelled out in the Senate's official rules. • For purposes of member assignment, Senate committees are divided, according to relative importance, into three categories • Class A, Class B, and Class C. • Senators are limited to service on two Class A committees and one Class B committee. • Assignment to Class C committees is made without reference to a member's service on any other panels.

Special (and Select) Senate Committees • Select and special Senate committees fall into either the Class B or the Class C category. • They are created for clearly specified purposes and, although those that currently exist are now considered permanent, they did not necessarily enjoy that status at their inception. • Special investigating committees, such as the 1973 Select Committee to Investigate Presidential Campaign Activities (the Watergate Committee), expire after they submit their final report to the Senate.

Senate Committees • 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 • Standing CommitteesAgriculture, 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

Joint Committees • These committees are composed of Members from both the House and the Senate. • The most important job of the joint or conference committee is to smooth out differences between versions of the same bill before it goes to the President for his signature

Lawmaking • The most important constitutional power of Congress is the power to make laws. • This power is shared by the House and the Senate. • In order to become a law, a bill must be passed by both the House and the Senate.

Lawmaking • Anyone canwrite a bill • However, only a member of the House or Senate may introduce a bill. • A bill must survive three stages to become a law: • Committees • The floor • The conference committee. • Over 9,000 bills are proposed and fewer than 5 to 10% are enacted. • A bill can die at any stage AND MOST DO!!!

How a Bill Becomes a LawThe Process: 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 chamber 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 • Introduced to House (or Senate) • Assigned to committee by Leader or Speaker • 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

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

Speaker of the House • John Boehner • (R-Ohio) • born 1949 • House since 1990 • Selected for position in January 2011 • (Former Minority Leader AND Majority Leader)

Roles of Speaker of the House • The speaker is the principal leader of the House or Assembly. • The speaker typically will • (1) preside over the daily sessions of the House • (2) preserve order in the 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 the official spokesman for the House or Assembly.

House Majority Leader • Eric Cantor • R- VA • Elected in 1998

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

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

House Majority Whip Duties • The duties of the majority whip are to: • (1) assist the floor leader • (2) ensure member attendance • (3) count votes • (4) generally communicate the majority position

Minority Leader • Nancy Pelosi • (D-CA) • born 1940 • House since 1987

House Minority Leader Duties • The minority leader is the principal leader of the minority caucus. • The minority leader is responsible for • (1) developing the minority position • (2) negotiating with the majority party • (3) directing minority caucus activities on the chamber floor • (4) leading debate for the minority

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

Minority Whip Duties • The major responsibilities for the minority whip are to • (1) assist the minority leader on the floor • (2) count votes • (3) ensure attendance of minority party members

President of the Senate • Vice-President Joe Biden • Democrat • Born 1942 • Formerly a Senator from DE • Served 6 terms

President of the Senate • The Vice President of the United States is the President of the Senate. • He is a non-voting member unless a vote of the Senate ends in a tie, in which case the Vice President casts the deciding vote. • The Constitution understands that the Vice President will not always be available and provides for a President pro tempore (literally, a temporary president

President Pro Tempore of the Senate • Sen. Daniel Inouye • D-Hawaii • Born 1924 • Been in Senate since 1962

President Pro Tempore of the Senate • The President pro tempore is elected by the Senate • By custom, he is the most senior senator in the majority party • The position of President pro tempore is primarily honorary, and does not carry significant political power

The Legislative Branch