The Legislative Branch

1. The Legislative Branch Chapter 6

2. Congress • General Information • Bi-cameral, meaning two house. • House of Representatives – lower house • Senate – upper house • Created by Article I of the Constitution • A result of the Great Compromise.

3. House of Representatives • 435 Members • Qualifications: • At least 25 years old. • A citizen for at least 7 years. • A resident of the state. • Common characteristics of members: • Most have been and are white men. • Lawyers. • Experience in government (State or local level). • Representatives serve 2 year terms. • All 435 members must be reelected every 2 years.

4. House of Representatives • Every state is guaranteed at least 1 delegate to the House. • Number of representatives is determined by population. • Representatives are elected from districts (in states with more than 1 representative) – see next slide.

5. CO Congressional Districts

6. House of Representatives • Congressional districts are drawn by state legislatures. • Districts are NOT to be drawn in a way that is advantageous for a certain group (political party, etc) • Gerrymandering – drawing an odd-shaped district for political advantage (see next slide).

7. CO’s 5thDistrict

8. The Senate • Qualifications: • At least 30 years old. • Citizen for at least 9 years. • Resident of the state. • Common characteristics: • White, male. • Lawyers. • Experience in government (state, House of Reps., etc).

9. The Senate • Terms of Office • Senators serve terms that last 6 years. • Approximately 1/3 of the Senate is up for reelection every 2 years. • There are 2 Senators elected from each state for a total of 100 (today).

10. Congressional Sessions • Each Congress meets for two years. • Congresses are divided into two sessions. • 1st Session is in odd numbered years following elections. • 2nd Session is in even, election years. • Congresses are numbered – the Congress elected in 2006 is the 110th Congress and is currently in its 2nd Session.

11. Congressional Leaders • In both houses, the political party that controls more than half of the seats is known as the majority party. • The other is the minority party. • Gaining control of a house of Congress has many advantages….

12. Congressional Leaders • The majority party provides the leadership of that House. • House of Representatives • Leader is the Speaker of the House, chosen from the majority party. • Speaker is third in line to the Presidency. • Speaker and majority party has significant power over the legislative process. • Majority Leader – leader of the majority party “on the floor.” • Majority Whip – assists the speaker and majority leader in “whipping up” support for legislation.

13. Congressional Leaders • House of Representatives (cont.) • Minority Leader – leader of the minority party “on the floor.” • Minority Whip – assists the minority leader.

14. Congressional Leaders • Senate Leadership • Official President of the Senate is the Vice President of the United States. • Only votes in case of a tie. • Rarely is present in the Senate. • Day-to-day leader of the Senate is the President Pro Tempore, normally the most senior member of the majority party. • Does not have as much power as the Speaker. • Majority and Minority Leaders and Whips.

15. The Work of Committees • Congressional work is accomplished primarily through committees. • Bills introduced into a house of Congress are assigned to committee for research, debate and vote. • Both houses of Congress have several different types of committee.

16. The Work of Committees • Standing Committees • Permanent committees of a house of Congress. • Deal with regular, recurring issues. • Select Committees (Special) • Temporary committees formed to deal with temporary, specific issues (Y2K). • Joint Committees • Made up of members of both houses.

17. The Work of Committees • Standing committees of the House: • Agriculture, Appropriations, Armed Services, Budget, Energy, Rules, Transportation and Infrastructure, Education, etc. (see page 181) • Standing committees of the Senate: • Agriculture, Appropriations, Armed Services, Budget, Judiciary, Veterans Affairs, etc. (see page 181)

18. The Work of Committees • Special Committee • Ethics, Aging, Y2K (ended). • Joint Committees • Conference Committees, Taxation, Library

19. The Work of Committees • Committee Assignments • Certain committee assignments carry greater prestige, media coverage or importance to that Congressperson. • Congresspersons often wish to be assigned to certain committees that will allow them to influence legislation or draw attention to themselves. • Rep. from Iowa or Idaho might desire Agriculture Committee. • Judiciary and Intelligence committees are prominent.

20. The Work of Committees • Getting assigned to committees. • Party leaders make party assignments. • Members’ preference, expertise, party loyalty factor in. • Seniority System – members with greatest seniority are given preference.

21. The Work of Committees • Party representation on Committees • The majority party in a house of Congress will be in a majority on every committee. • Ex.: If Democrats are a 60%-40% majority in a house of Congress, then they will be a 60%-40% majority on every committee. • Majority party also names the chair of every committee.

22. The Powers of Congress

23. Powers of Congress • The Powers of Congress can be divided into several categories: • Legislative Powers • Non-legislative Powers • Special Powers

24. Legislative Powers • Involve passing bills into laws. • Laws include federal criminal laws, taxation laws, appropriations laws, commerce laws, military and foreign policy laws, etc. • Certain powers are clearly expressed in the Constitution, and are known as expressed powers (sometimes called enumerated). • Article I, Section 8 • See page 186 • Some powers are not stated. • Implied Powers – Article I, Section 8, Clause 18 is known as the elastic clause because it allows Congress to “stretch” its powers. • Necessary and Proper Clause

25. Non-Legislative Powers • Powers not dealing with passing bills into laws. • Powers to check the other branches of government. • Approving Presidential Appointments • Impeaching government officials. • Investigative powers

26. Special Powers • Powers given to one house of Congress, but not the other. • Special Powers of the House of Reps. • Initiate all taxing and spending bills. • Begin impeachment proceedings by bringing formal charges (to “impeach”). • Choose a President if no one wins a majority of Electoral College votes. • Special Powers of the Senate • Remove officials in impeachment proceedings. • Choose a Vice President if no one wins. • Approve Presidential appointments. • Ratify treaties signed by the President.

27. Limits to the Powers of Congress • Congressional Powers are limited in several ways: • By the Constitution- • No ex post facto laws • No bills of attainder • Cannot suspend writ of habeus corpus • Bill of Rights • Checks and Balances (Courts can declare acts of Congress unconstitutional). • Reserved powers of the states • Financial Limitations

28. Representing the People Ch. 6, Section 3

29. Representing the People • Salaries and Benefits of Congresspersons. • Salary = $169,300 • Free office space, trips to home state/district. • Budget for staff. • Government insurance. • Franking Privilege – ability to send job-related mail for free. • Immunity from prosecution in certain instances.

30. Representing the People • Congresspersons’ Staff • Help to research and write bills. • Deal with lobbyists, people hired by special interest groups to influence legislation. • Help constituents, the people represented by a Congressperson. • Work for reelection.

31. Representing the People • Certain institutions also exist to support congresspersons. • Library of Congress – source of information. • Committee Staffs – every committee has its own hired staff. • GAO (General Accounting Office) – accounts for government spending. • Congressional Budget Office – researches budget related information.

32. Representing the People • Casework – help given to constituents in dealing with the federal government. • Congresspersons may receive thousands of requests for help each year. • Could relate to Social Security or tax issues, veterans benefits, dealing with other federal agencies.

33. Representing the People • Spending Programs • Congresspersons also try to get federal monies spent in their districts. • Public Works – Transportation, military bases, dams, hospitals, etc. • Grants – money given to an area or institution.

34. Representing the People • Spending Programs (cont.) • Pork-barrel programs – government projects and grants given primarily to benefit a state or district. • An attempt to influence reelection?

35. The Legislative Process Ch. 6, Section 4 (see chart on page 201)

36. How a Bill Becomes a Law • Every law starts as an idea. • Ideas for laws can come from government officials, special interest groups or private citizens. • Bills must be introduced into a house of Congress by a member of that house. • Bills are titled and numbered: • S.1 • H.R. 1

37. How a Bill Becomes a Law • Bills are assigned to the appropriate committee. • Committees can do several things: • Assign the bill to subcommittee for research and public hearings. • Change or even replace the bill. • “Pigeonhole” the bill – set it aside and not do anything – killed) • Vote on the bill (approve or kill) • If the bill passes the committee vote, it is returned to the full house for debate and vote.

38. How a Bill Becomes a Law • Debating a Bill • Rules for debating and voting on bills differ in each house: • In the House, rules are more strict (larger house). • Rules committee sets the terms for debate on each bill (majority party). • Members are limited as to how long they can speak. • In the Senate, there are fewer rules (smaller house). • Senators can speak for as long as they want, allowing for a filibuster. • Cloture – vote to end a filibuster; requires 3/5 vote.

39. How a Bill Becomes a Law • Bill is sent to the other house of Congress where the process is repeated. • Often times, the same bill is submitted at the same time in both houses. • Often, one house changes a bill in a way that the other house does not. • A bill must be passed by both houses in identical form, so….

40. How a Bill Becomes a Law • Work of conference committees. • Conference committees are joint committees that produce one version of a bill. • Bill is then returned to both houses for a final vote. • If passed, the bill is sent to the President.

41. How a Bill Becomes a Law • Presidential Actions • President can do several things with a bill: • Sign it into law. • Veto the bill • Congress can override a veto with a 2/3 vote in both houses of Congress. • Can do nothing for 10 days. • If Congress is in session, the bill becomes law without the President’s signature. • If Congress adjourns within 10 days, the bill dies (pocket veto).

42. How a Bill Becomes a Law