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The Legislative Branch

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1 The Legislative Branch

2 Article I---Legislative Branch
Section One—What is a Congress? Bicameral Legislature: Two houses, Senate and House of Representatives. Section Two: House of Representatives Clause One: A Representative serves a two year term Clause Two: Qualifications 25 years old 7 year citizen of the United States Resident of the state one is elected in

3 Clause 3: Clause Three--Who determines the amount of Representatives each state will receive? (Congress) Reapportionment: Creating new districts every ten years to adjust for population changes How it Works Take a census every ten years Congress totals the number of Reps. each state will get (that total must equal 435) Congress will notify the state legislatures of any changes State legislatures will determine new district boundaries New districts will allow for new elections for the House of Reps Why does California have more members in the House of Representatives than Illinois? (Discuss the Great Compromise) What if half of California’s population moved to Illinois?


5 Clause Four and Five Clause Four-- What happens if a Representative dies in office? Usually a governor will issue an election to fill the vacancy Clause Five: Where does the impeachment process start? The House of Reps. will start the impeachment process Andrew Johnson: First U.S. President to be impeached, but fell one vote shy of the Senate’s conviction Richard Nixon: Resigned before official impeachment could take place Bill Clinton: Impeachment articles were passed by the U.S. House of Reps, but the Senate found him NOT guilty of those articles

6 Section Three: The Senate
Clause One: Senators term is 6 years 2 Senators per state Originally Senators were chosen by state legislatures Today chosen by direct election (17th Amendment) Clause Two: Is it possible for both Senators from one state to be up for re-election at the same time? (No) The founding fathers wanted the Senate to have experienced members so they created a staggered election. First class = 2 year term Second class = 4 year term Third class = 6 year term Never will the Senators term from one state be up for re-election at the same time

7 Clause 3 and 4 Clause Three: Qualifications Clause Four: 30 years old
9 year citizen of the United States Be a resident of the state you are elected from Clause Four: The Vice-President of the U.S. is the President of the Senate (very little power and seldom is seen on the Senate Floor ) President of the Senate only votes if there is a tie

8 Clause 5, 6 and 7 Clause Five: The Senate elects its own officers, including a temporary president if needed. President of the Pro Tempore: presides temporarily when vice-president is not available (very little power) Trial of Impeachments Senate tries impeachments (acts as a jury) House of Reps. introduces the Articles of Impeachment House needs a majority (218) vote to bring up charges Senate needs 2/3s majority (67) to convict Clause Seven: A guilty conviction on the Articles of Impeachment is removal from office A U.S. President cannot be pardoned if found guilty by 2/3s of the Senate

9 Section Four: Elections and Meetings
Clause one: When are the national elections held? At one time federal elections were not uniform. Some states held them on different days and months. National Election Day was set by Congress (1st Tuesday after the first Monday of November) Clause Two: When does Congress Meet? Must meet one time a year 1933—20th Amendment established January 3rd as the meeting date (a two year working period)

10 Section Five: Rules of Procedures
Clause One: Can an elected official be removed from office? (Yes) Each House determines the qualifications of their members Brigham Roberts—1901, polygamist from Utah, The Senate refused to seat him Clause Two: House of Reps and the Senate have different rules Members may be expelled by a 2/3 vote Clause Three: Each house of Congress must keep and publish a record of its activities. Clause Four: Neither house may suspend the session for more than three days without the permission of the other house.

11 Section Six: Privileges and Restrictions
Clause One - What is the salary and benefits for a member of Congress? Compensation: members of Congress will be paid ($174,000 per year) Congressional immunity: can’t be arrested for minor crimes when traveling to or from Congress (breach of peace, treason, felony, are not exempt from this immunity) Other Privileges Salary Travel expense account Office in D.C. and their state Special allowance for stationary, phone calls, faxes Pension Some tax exemptions 15% of salary for speaking engagements Unlimited income from book royalties Clause Two - Can a member of Congress also be a federal judge? (No)

12 Section 7: Lawmaking Process
Clause One: Where do tax bills start? All money bills (revenue) must begin in the House and the Senate may change such bills. Clause Two: All bills passed by both houses goes to the President. If President approves, it becomes a law. If President vetoes, it goes back to Congress. Congress may pass President’s veto by 2/3 vote. Clause Three: Every order or resolution of Congress should be presented to the President.

13 Section 8: Powers Granted to Congress
Collected taxes and pay debts, provide for the defense and welfare of the U.S. Borrow money Regulate Trade Establish laws concerning citizenship and bankruptcy. Coin money and establish standards of weights and measures. Determine the punishment for counterfeiting money Build post offices and roads Issue copyrights and patents Set up federal courts Punish crimes committed against ships at sea. Declare war and determine the treatment for prisoners of war. Maintain an army Maintain a navy Make regulations for the armed forces Provide for calling out the national guard Maintain and train the national guard Make laws for the District of Columbia Make all laws “necessary and proper”; Elastic clause: allows Congress to make laws not specifically mentioned in Constitution.

14 Section Nine: Powers Denied to the Federal Government
Clause One: Congress stopped the importation of slaves in 1808 Use the word “such persons” as opposed to “slaves” Clause Two – illegally imprison people Habeas corpus - “you have the body” - You have the right to test the legality of your detention - judge is not concerned with guilt or innocence The writ can be suspended in times of rebellion, invasion, or the public safety requires it (Abraham Lincoln during Civil War)

15 Clause Three Congress cannot pass a bill of attainder (legislative act against a named person) Congress makes a law that says Mike Sims is a thief and will serve 25 years in prison - This is Unconstitutional!! Congress cannot pass an ex post facto law (after the fact) Betty Boone sells fireworks on July 4th - On July 10th, Congress passes a law that makes it illegal to sell fireworks and tries to punish Betty for what she did on July 4th Clause four Congress cannot put a direct tax on an individual (16th amendment overrides this) Clause five Congress cannot tax an export

16 Import taxes must be the same at all ports.
Clause Six Import taxes must be the same at all ports. Clause Seven Congress controls the federal budget Clause Eight - Can you receive a title of Duke or Earl of the U.S.? Titles of nobility will not be granted Any gifts from foreign countries must approved by Congress School House Rocks - tyrannosaurus debt

17 Section Ten Powers Denied to the States
Clause One: Can Illinois create an alliance with Canada? (No) States cannot form treaties or alliances with any other states or countries States cannot coin money Clause Two: States can not tax imports or exports without the consent of Congress Clause Three: States can not harbor troops in times of peace States can not engage in war

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