What does the Legislative Branch do?

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The Legislative Branch Article I
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Presentation transcript:

What does the Legislative Branch do? Let’s give it a try… Take out a sheet of paper Propose an idea for a new school rule or a change to an existing rule You will need to do the following: Write what you are proposing Give specific reasons why there is a need for this new rule/change Give justification for why this will be beneficial to the school as a whole (not just yourself)

Activity –Congress Graphic Organizer Complete the graphic organizer comparing the two houses of Congress For Part 1, use Article I of the Constitution For Part 2, use the following websites www.house.gov www.senate.gov

Characteristic House Senate Age 25 30 Citizenship 7 years 9 years Residency Resident of the State Number of Members 435 100 Length of Term 2 years 6 years Powers Regulate commerce, declare war, coin money, collect taxes, maintain the army, establish post offices, etc.

Congressional Profile The “average” member of Congress – white male in mid-50’s and upper middle class Although this is steadily changing, the question of debate has often been…are members truly representative of those that they serve? 4 out of 5 members have college degrees Considerable political experience

Congressional Benefits Members can set their own pay – sounds good but the problem is voter backlash Tax deductions for job related expenses Funding for offices and staff in district/state and in Washington These benefits end up being worth well over $200,000 a year

Congressional Powers What powers does Congress possess?

Article I, Section 8 Due to limited government and federalism, the constitution restricts what Congress can do BUT it does give them specific powers

Legislative Powers 1. Power to Tax (Direct and Indirect taxes) 2. Commerce Power – regulate interstate commerce and foreign trade 3. Bankruptcy 4. Foreign Relations and War Powers – shared with the President 5. Postal Power

Non - Legislative Powers Electoral Duties if no one wins the Electoral College H.R. elects President Senate elects Vice President

Impeachment – H.R. has the sole power to impeach; the Senate has sole power to judge What’s the difference? Executive Powers (Senate) – confirmation of appointments and treaties How is this an example of checks and balances?

Implied Powers The exercise of these powers must be justified and supported by the expressed powers In other words, if its not written in the Constitution, Congress must argue that it is necessary and proper for them to do to fulfill their Expressed powers. Therefore, Article I, Section 8, Clause 3 “Necessary and Proper Clause”, aka Elastic Clause

Introducing a Bill 1. Where do ideas for laws come from? Individual citizens, special interest groups, the President, Congressmen, etc. 2. Who introduces these ideas? Has to be introduced by a member of Congress 3. Describe the process for introducing a bill. The bill is given a title (H. for House or S. for Senate) and number based on the order in which it was introduced

Committee 1. How are bills assigned to committees? Once a bill is introduced, it is assigned to a committee based upon the category of the bill (i.e. bills having to do with transportation go to the Transportation committee) 2. What can committees do with the bill? When the committee has the bill, they do one of 3 things: Decide it is not a good idea and vote to kill it Decide it has merit and agree to study it Simply decide to ignore it and do nothing with it 3. What goes on during the “mark up” session? This is where the work happens Here the committee will hold hearings, interview experts, make changes to the bill, and eventually either kill it or write an official bill to send on

Floor Action 1. What happens at this step? Bills that make it out of committee are presented to the entire body of the House or Senate for debate There are special rules in each house for debate (H.R. limits debate based upon the rules they set, Senate has unlimited debate which can lead to filibusters) 2. What can be added at this step? Amendments can be added by any member based upon the rules This can slow down the process because it changes the bill 3. What happens with the vote? When it comes time to vote, majority rules unless other rules have been established If the bill passes, it will move to the other House where the process starts over

Final Step 1. What must happen for a bill to become a law? It must have the exact same language. There can only be one version of the bill 2. Where does a bill go if there are differences? If each House passes a different version of the bill, then they call a Conference Committee where they work out the differences 3. What options are available to the President? If a bill passes both houses of Congress, then it goes to the President for approval. He/She can either sign it into law or veto the bill 4. What can Congress do if a bill is vetoed? They can either make changes to the bill and try again or they can vote to override the veto and make it a law (requires a 2/3 majority vote)

Legislative Process Activity In your groups, you will use the process cards to match them with the correct step in the legislative process Fill in your answers on the worksheet When you finish with the process cards, get the primary source documents from me and do the same thing