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Legislative branch.  As citizens of the United States we live in what is known as a representative democracy.  Congress serves as a representation of.

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Presentation on theme: "Legislative branch.  As citizens of the United States we live in what is known as a representative democracy.  Congress serves as a representation of."— Presentation transcript:

1 Legislative branch

2  As citizens of the United States we live in what is known as a representative democracy.  Congress serves as a representation of the will of the people.  Congress does this by transforming the will and the needs of the American public into law and policy.

3  Congress is split up into houses known as the House of Representatives and the Senate  A bicameral legislature has been in practice since the 1300’s in Britain  The Senate consists of two representatives from each state while the number of representatives in the House is determined by a state’s population

4  Each term in congress lasts for two years  Each term consists of two sessions, one in each year  Neither of the two houses may adjourn for the year without the consent of the other  If congress is out of session, the President can convene a special session if need be to deal with an unexpected or pressing issue

5  A House Rep. must be 25 yrs old, a citizen for at least 10 years, and live in the state which they represent.  The House is made up of 435 members who were apportioned based on the populations of the states  The house has power over its members and members elect in regards to qualifications and actions of its own members It has the power to punish and even expel its own members for disorderly behavior  Each state is guaranteed at least one seat in the House

6  House member terms are two years long and there is no limit on the number of terms a representative can serve  The reapportionment act of 1929 set the permanent size of the house at 435, and stated that the seats would be reapportioned every ten years after the census  The house is made up of representatives from single member districts within a state  State legislatures are responsible for drawing up congressional districts that are contiguous, populated equally, and compact In many cases state congressional districts fell victim to Gerrymandering

7  What is gerrymandering?  Gerrymandering is a term that describes the deliberate rearrangement of the boundaries of congressional districts to influence the outcome of elections.  Where did gerrymandering come from?  The original gerrymander was created in 1812 by Massachusetts governor Elbridge Gerry, who crafted a district for political purposes that looked like a salamander.  What is the purpose of gerrymandering?  The purpose of gerrymandering is to either concentrate opposition votes into a few districts to gain more seats for the majority in surrounding districts (called packing), or to diffuse minority strength across many districts (called dilution).

8  How has Congress regulated redistricting? In 1967, Congress passed a law requiring all U.S. representatives to be elected from single member districts system we use today. Congress in 1982 amended the Voting Rights Act to protect the voting rights of protected racial minorities in redistricting. Within those laws, states have great leeway to draw districts, which often leads to gerrymandering.

9  The Senate is made up of 100 members, two from each state  Originally Senators were chosen by the state legislature, however after the 17th amendment now gives the power to choose Senators to the general population  A Senator serves a six year term with no limit on number of terms served  The Senate is a continuous body Senators are traditionally less affected by the pressures of their local constituents  Often more concerned with national interests

10  Senators are considered to be of a higher status inside Washington and their respective political parties  Senators must be at least 30 yrs old, a citizen for a minimum of nine years, and reside in the state which they represent Like the house, the senate has power over its members behavior

11  Congress is not an accurate representation of the American public  However in recent years both houses have become slightly more diverse  Most members are married, ¾ are from Judeo Christian backgrounds  They often come from careers in politics, business, and law

12  Members of Congress serve multiple roles and functions  They are legislators, committee members, representatives of their constituents, servants of their constituents, and politicians  As committee members they serve in the processes of creating and proposing legislation and they exercise oversight function

13  Oversight function is the process of checking on various agencies in the executive branch to make sure they properly operating  The primary responsibility of a congressman is to vote on laws Voting options: Trustee, Delegate, Partisan, Politico Congressman are also generously paid and enjoy a large variety of fringe benefits

14  The Constitution places certain limits on the power of Congress  Congress derives power from the constitution in three different ways: expressed powers, implied powers, inherent powers  There are two different schools of thought in regards to the powers given to congress by the constitution  Strict Constructionists: led by Thomas Jefferson, they believed that Congress should be limited to its expressed powers and the implied powers that are absolutely necessary

15   Liberal Constructionists: led by Alexander Hamilton, they believed that the constitution gave congress a broader scope of national power  A more liberal view of congress’s power is what has led to the power that they enjoy today  Events such as wars, economic crisis and national emergencies have validated congress’s view of their expansive power

16  Much of Congress’s expressed power can be seen in how they use their power and how the courts rule on the constitutionality of their actions   This process is still taking place today   One of Congress’s primary functions is the power to tax   Taxation is levied for a variety of different reasons that include: to raise money for the public good, protect domestic industry, and for public safety reasons   The power to tax does have its limits   Different types of taxation: direct tax, indirect tax.   Congress also has the power to borrow money on behalf of the country   Commerce Power is Congress’s power to regulate interstate and foreign trade

17  Congress also has the ability to coin and assign value to money   Along with the power to make and assign value to money, congress also makes laws that deal with bankruptcy   When the government determines that a person is not able to pay their debts, bankruptcy proceedings occur and the persons assets are distributed to those who the debt is owed   Congress has power over foreign relations in regards to war and the power to regulate foreign trade   Some of congresses other powers consist of the following: naturalization, the postal power, copyrights and patents, weights and measures, power of eminent domain, and judicial powers

18  The Necessary and Proper Clause gives Congress the power to enforce the powers given to them by the constitution   This power has been a point of controversy since its inception   Some feel that the clause is interpreted in to liberal of a fashion and that congress has abused the power that it gives them   No matter what the issue the foundation for using the necessary and proper clause must be found in the expressed powers of congress

19   Congress also is charged with responsibilities and powers that do not have to do with making laws   Congress plays a key role in amending the constitution   Congress can propose an amendment to the constitution with a 2/3 vote in both houses   The House and The Senate can be called upon to elect the President and Vice President if neither of the possible candidates receive a majority of the votes   Impeachment: House votes for impeachment, Senate sits as court for hearing   Congress has executive approval on appointments and treaties   Lastly Congress has an investigatory power to oversee the operations and activities of agencies and individuals within the government

20  Congress convenes on January 3rd of every odd numbered year   There are a variety of important events that occur on opening day in the Senate and the House such as election of officers and the administration of oaths of office   The presiding officer of the house is known as The Speaker of the House   He is the most powerful man in the House of Representatives   He is the elected presiding officer of the House and the acknowledged leader of the majority party   His primary duties are to preside and keep order during session  He may not debate issues and preside over the house at the same time   He follows the Vice President in the line of succession to the Presidency

21   The Vice president is the leader of the Senate, however he does not take as active a role in the day to day operations of Congress as the Speaker of the house   Underneath the presiding officers in congress are the party floor leaders and the whips   These positions are meant to serve as tools for the political parties to operate within the activities of congressional session   The party caucus is the meeting between members of one of the two political parties to discuss party organization   One of the most important jobs of the majority caucus is choose committee chairman   Seniority Rule: That the senior members of the party will take the ranking posts that are available   Many critics believe that this system ignores talent and ability and does not result in the best possible person actually filling the post

22   A standing committee is a permanent committee that focuses its efforts on legislation in a specific area ex: Agriculture, Budget, National Security   The House Committee on Rules is the committee that screens bills before they reach the floor, they can speed, delay, or even prevent a bill from reaching the floor   Select committees are set up for a limited amount of time to deal with a specific issue, often times they are used to investigate a current issue that congress needs information on   Joint committees are made up of members of both houses in order to not have committees in the house and the senate that duplicate each others work   A conference committee is set up to make sure that a bill being voted on is uniform and agreeable to both houses of congress

23   Most bills begin as a need or request outside the legislative branch   Bills, both public and private are presented to the House or Senate for enactment into law   Joint resolutions are similar to bills, however they deal with unusual or temporary matters   Concurrent resolutions are put forth by both houses but are not signed off on by the President, hence forth not giving them the strength of a law   Resolutions are brought up in one house or the other and often deal with matters exclusive to the operation of the House or the Senate

24   Many bills contain Riders, which are provisions that are not likely to pass on their own, so they are attached to something more important with the hopes that it will be pushed through   Congressional committees are often so bogged down with bills that they are split into subcommittees to examine bills dealing with specific issues   There are a number of procedures and rules that the House deals with in the presentation, debate, and passing of a bill

25  Bills are introduced by Senators who are formally recognized for that purpose   Senatorial debate over legislation is often unrestrained and can on for long periods of time   Some senators try to filibuster, or talk a bill to death in an attempt to stall to the point where the bill is dropped   There is the rule of Cloture which attempts to stop filibustering and limit debate, however it is so difficult to invoke that it is largely ignored   The last step in making a bill into law is the approval of the President   When a bill reaches his desk he has 4 options 1. He can sign it and it becomes law 2. He may veto it and it goes back to the Congress or dies 3. He may allow the bill to become law by not signing it within 10 days 4. He may use a pocket veto, if Congress adjourns within ten days of presenting the bill and he does not sign it then it will die   Veto literally translated means “ I Forbid”.


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