1 Chapters 10, 11, 12 - The Legislative Branch Ch Organization of Congress Article I, Section 1 “All legislative powers herein granted shall be vested in a Congress of the United States, Which shall consist of a Senate and House of Representatives” Congressional Term - Two years - numbered consecutively Session - Two per term - one each year

2 What Congress are we currently in? 113th

3 20th Amendment (Lame Duck Amendment) Start of each new term begins at “noon on the third day of January” (President’s term starts noon January 20th) House of Representatives - Art. I, Sect. 2 house.govhouse.gov The House of Representatives “shall be composed of Members chosen every second Year by the People of the States”

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5 20th Amendment (Lame Duck Amendment) Start of each new term begins at “noon on the third day of January” (President’s term starts noon January 20th) House of Representatives - Art. I, Sect. 2 house.govhouse.gov The House of Representatives “shall be composed of Members chosen every second Year by the People of the States” Qualifications - House of Representatives: - 25 years of age - U.S. citizen for at least 7 years - Must be an inhabitant of the state from which elected

6 Apportioned members distributed among the states based on population (number stopped at 435 in 1929) Reapportion - Redistribute the seats in the House after each 10 yr. census “The actual Enumeration shall be made... within every Term of ten Years, in such Manner as they shall by Law direct”

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10 16 th District

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13 Apportioned members distributed among the states based on population (number stopped at 435 in 1929) Reapportion - Redistribute the seats in the House after each 10 yr. census “The actual Enumeration shall be made... within every Term of ten Years, in such Manner as they shall by Law direct” Gerrymandering - Drawing district boundaries to the advantage of the political party that controls the state legislature

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15 Gerrymandering

16 Wesberry v. Sanders Do Gerrymandered districts violate the Constitution? “Representatives shall be apportioned among the several States... according to their respective Numbers”

17 Wesberry v. Sanders Do Gerrymandered districts violate the Constitution? “Representatives shall be apportioned among the several States... according to their respective Numbers” Supreme Court Ruled: The intent of the Founding Fathers was that one person’s vote should carry the same weight as another’s

18 Senate - Art. I, Sect. 3 senate.govsenate.gov “The Senate shall be composed of two Senators from each State chosen by the Legislature...for six Years”

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20 Senate - Art. I, Sect. 3 senate.govsenate.gov “The Senate shall be composed of two Senators from each State chosen by the Legislature...for six Years” 17th Amendment Senators “shall be elected by the people” - rather than by state legislature Qualifications - The Senate: - 30 years of age - U.S. citizen for at least 9 years - Must be inhabitant of the state from which elected

21 Continuous Body - “they shall be divided as equally as may be into three Classes... so that one third may be chosen every second Year” All 100 seats never up at same time - 33 or 34 every 2 yrs. Incumbents - Those who currently hold the office - appxt. 90% of the incumbents in Congress win reelection

22 Congressional Leadership Speaker of the House - (R- John Boehner - Ohio) Chosen leader of the majority party Usually a respected, influential, longtime member

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24 Congressional Leadership Speaker of the House - (R- John Boehner - Ohio) Chosen leader of the majority party Usually a respected, influential, longtime member President of the Senate - “the Vice President of the United States shall be President of the Senate”Art. I, Sect. 3

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26 Congressional Leadership Speaker of the House - (R- John Boehner - Ohio) Chosen leader of the majority party Usually a respected, influential, longtime member President of the Senate - “the Vice President of the United States shall be President of the Senate” Art. I, Sect. 3 President pro tempore of the Senate - (D- Patrick Leahy - Vt.) Leading member of majority party chosen by the Senate - serves as Senate President in the absence of Vice President

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28 Congressional Leadership Speaker of the House - (R- John Boehner - Ohio) Chosen leader of the majority party Usually a respected, influential, longtime member President of the Senate - “the Vice President of the United States shall be President of the Senate” Art. I, Sect. 3 President pro tempore of the Senate - (D- Patrick Leahy - Vt.) Leading member of majority party chosen by the Senate - serves as Senate President in the absence of Vice President

29 Majority / Minority Floor leaders - Chosen in both the House and Senate - - steer floor action to their party’s benefit Majority / Minority Whip - Assist and advise the floor leaders

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32 Ch Powers of Congress Legislative Powers - Power granted to Congress to make the laws Expressed Powers - Powers specifically stated - Art. I, Sect. 8 Implied Powers - Article I, Sect. 8, Par. 18 “To make all laws necessary and proper for carrying into execution the foregoing powers...” Which “Expressed” Power has produced the most “Implied” laws?

33 Commerce Clause - Article I, Sect. 8, Par. 3 “regulate commerce with foreign nations, and among the several States” Gibbons v. Ogden, Supreme Court ruled that “commerce” is more than just the buying and selling of goods - includes any transaction

34 Non-legislative Powers - Unlike the legislative powers, the House and Senate usually have separate roles in their non-law making functions Electoral Power - House of Representatives elects president in the event that no candidate receives majority of electoral votes - or a tie

Presidential Election - Andrew Jackson - John Quincy Adams Electoral Overview None of the candidates received a majority of the electoral votes The House elected John Quincy Adams – he had only 30% of the popular vote Electoral College Results: Andrew Jackson 99 John Quincy Adams 84 William Crawford 41 Henry Clay 37

36 Non-legislative Powers - Unlike the legislative powers, the House and Senate usually have separate roles in their non-law making functions Electoral Power - House of Representatives elects president in the event that no candidate receives majority of electoral votes - or a tie Removal Power - The House “shall have the sole power of impeachment” Art. I, Sect. 2 The Senate “shall have the sole power to try impeachments” Art. I, Sect. 3

37 Confirmation Power - “with the advice and consent of the Senate” Art. II, Sect. 2 Duty of confirming Executive appointments such as Supreme Court Justices

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40 Confirmation Power - “with the advice and consent of the Senate” Art. II, Sect. 2 Duty of confirming Executive appointments such as Supreme Court Justices Amending Power - Proposed by 2/3 vote in both houses of Congress Investigatory Power - Investigate questionable activities Ex.: McCarthy hearings, Watergate

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43 Confirmation Power - “with the advice and consent of the Senate” Art. II, Sect. 2 Duty of confirming Executive appointments such as Supreme Court Justices Amending Power - Proposed by 2/3 vote in both houses of Congress Investigatory Power - Investigate questionable activities Ex.: McCarthy hearings, Watergate

44 Ch Congress in Action “Each House may determine Rules of its Proceedings” Art. I, Sect. 5 Congressional Committees - Groups of Reps. or Senators where most of the work in Congress is carried out Subcommittee - A small specialized group of the committee where the work on a Bill begins

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47 Ch Congress in Action “Each House may determine Rules of its Proceedings” Art. I, Sect. 5 Congressional Committees - Groups of Reps. or Senators where most of the work in Congress is carried out Subcommittee - A small specialized group of the committee where the work on a Bill begins Committee Chairman - Decide when they meet, which Bills they will work on Seniority Rule - Majority member with most seniority is usually committee chairman

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49 Standing Committee - Permanent committees where Bills dealing with a common issue can be sent (appx. 20 in House and Senate) Ex: Foreign Affairs, Agriculture, Energy and Commerce, Judiciary Select Committee - Set up for specific purpose and for limited amount of time Ex: investigating activities within government House Rules Committee - Schedules Bills to the House floor for debate

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51 How a Bill Becomes Law - Bills - Proposed laws introduced in the House or Senate - Thousands proposed each term - less than 10% become laws Resolutions - Measures that only one house passes - do not become law - do not require the President’s signature

52 Introducing Bills - Introduced by members only, but may originate anywhere “All Bills for raising Revenue shall originate in the House of Representatives”Art. I, Sect. 7 Bill in the House of Representatives: Step 1: First reading - Once Bill is introduced, given a number and title by the clerk Ex: H.R. 2842, All Year School Bill

53 Step 2: Bill in Committee - 1. Recommend Bill be passed 2. Amend the Bill 3. Vote to reject the Bill Step 3: Rules Committee - Approves and schedules for House debate or Does not approve - bill dies

54 Step 4: Floor Consideration - Second Reading Debate the Bill on the Floor (limited time) Final Step: Final vote taken If approved, Speaker signs Bill and Bill is presented to Senate

55 Bill in Senate: Bills follow same steps as in House - with a few differences No Rules Committee - Bills are called to the floor by majority leader Unlimited debate - No time limit Filibuster - Talking a Bill to death - prevent Senate vote on a Bill - can talk about anything

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57 Texas State Senator Wendy Davis

58 Bill in Senate: Bills follow same steps as in House - with a few differences No Rules Committee - Bills are called to the floor by majority leader Unlimited debate - No time limit Filibuster - Talking a Bill to death - prevent Senate vote on a Bill - can talk about anything Cloture - Special procedure to stop a filibuster - petition by at least 16 senators and approved by 60

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60 Conference Committee - If House and Senate versions of Bill are not the same, Conference Committee reaches a compromise Compromise Bill is then submitted to both houses for vote Presidential Action - (4 actions) 1. Sign Bill into law

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64 Conference Committee - If House and Senate versions of Bill are not the same, Conference Committee reaches a compromise Compromise Bill is then submitted to both houses for vote Presidential Action - (4 actions) 1. Sign Bill into law 2. Veto Bill and return it to Congress - Congress can override veto with 2/3 vote in both houses 3. No action within 10 days - Bill becomes law 4. “Pocket” veto - no action within 10 days of end of session

65 pocket veto President veto veto override FDR Kennedy Johnson Reagan G.W. Bush Obama 2 00

66 27th Amendment Delays increase in congressional pay until after next election

67 The End