Topic 3 legislative branch

The Members of Congress There are 535 voting members of Congress: 100 senators and 435 representatives. Congressional membership reflects increasing diversity. Membership in Congress tends to change slowly because incumbents are generally reelected. Candidates, parties, and political action committees have added the Internet to traditional methods of advertising.

Membership of the House Representatives must be at least 25 years old, U.S. citizens for at least seven years, and legal residents of the state electing them. Representatives serve two-year terms. Representation is based on population and is reapportioned after each national census. State legislatures redistrict after reapportionment. Gerrymandering is fueled by the competitive struggle of the two-party system.

Membership of the Senate Each state is represented by two senators. Senators must be at least 30 years old, U.S. citizens for at least nine years, and legal residents of the state they represent. Senators are elected to six-year terms. Both the Senate and the House set their own salaries. The Constitution provides members of Congress with certain protections and privileges.

Rules in the House Congressional rules provide fairness and protection of the minority in the midst of intense political discussions. The complex rules in the House are geared toward moving legislation quickly once it reaches the floor. The committees of Congress perform most of the legislative activity. Political parties and party distinctions are important in Congress.

Lawmaking in the Senate Procedures for moving a bill through the Senate are less formal than in the House. The Senate brings bills to the floor by unanimous consent. Through a filibuster, a single senator or a group of senators can prevent a bill from coming to final vote. Senators can end a filibuster by voting for a cloture resolution.

Purpose of Committees The real work of crafting bills takes place in the committee rooms. Committees help ease the workload and are the key power centers in Congress. Committees allow members of Congress to divide their work among many smaller groups. Committees select the few bills that are to receive further consideration. Committees educate the public about key problems and issues.

Kinds of Committees Standing committees continue from one legislative session to the next. Nearly all standing committees have several subcommittees. Select committees study one specific issue. Joint committees have members from the House and Senate. A conference committee is set up when the House and Senate have passed different versions of a bill.

Personal Staff The administrative assistant serves as the chief of staff. The legislative director typically establishes the legislative agenda and briefs the lawmaker on all legislative matters. Legislative assistants make sure the lawmaker is well informed on key bills. Press secretaries help shape the lawmaker’s public image. A large part of a congressional staff consists of caseworkers, who handle requests from constituents.

Legislative Powers Key powers of Congress include taxing, spending, and regulating interstate commerce. Foreign policy powers of Congress include the power to approve treaties, declare war, and regulate foreign commerce. Congress has power over naturalization, admittance of new states, and governance of federal property. Congress also has the power to grant copyrights and patents, and to establish a post office and federal courts.

Nonlegislative Powers Congress has the power to remove any federal official from office. The Senate must approve presidential appointments to office. The Senate must ratify formal treaties with other nations. Congress and state legislatures share the power to propose Constitutional amendments.

Sources of Tension The system of checks and balances creates tension between the three branches. The president represents a broader constituency than members of Congress. Partisan politics, particularly in the event of a divided government, cause tension. The organization of Congress provides tools for members to resist presidential proposals. Differing political timetables cause conflict between the president and Congress.

The Power of Oversight Legislative oversight is part of the system of checks and balances. Congress may require reports from an executive agency or have its work studied by a congressional support agency. The legislative veto and independent counsel are no longer available to Congress.

The Power to Investigate Investigations may be conducted by a standing committee or a select committee. Investigations occur for a number of reasons, and can lead to legislation and reforms. Congressional committees have the power to subpoena witnesses, punish perjury and contempt, and grant immunity. Congress must respect witnesses’ constitutional rights just as a court does.

Types of Bills and Resolutions The two types of bills introduced in Congress are private bills and public bills. Congress can also pass resolutions to make policy on unusual or temporary matters. Riders are often attached to bills that are likely to pass. Citizens can track bills and resolutions through public and private Internet sites.

Making Decisions About Taxes All revenue, or tax, bills must begin in the House of Representatives. Tax bills are shaped by the House Ways and Means Committee. Tax bills are usually debated under a closed rule in the House. Amendments are usually added in the Senate.

Final Steps in Passing Bills A conference committee is often required to produce identical versions of a bill. After both houses have approved an identical bill, it is sent to the president for signature or veto. Congress can override a veto with a two-thirds vote in both houses. After it becomes law, a bill is registered with the National Archives and Records Service. Fewer than 10 percent of all bills introduced become public laws.

The Influence of Voters Lawmakers usually go along with their constituents’ preferences. The voting record of a lawmaker is an important factor in reelection. Lawmakers learn the opinions of their constituents through visits, messages, surveys and polls, and key supporters.

The Influence of Parties Party identification is a key influence on a lawmaker’s voting behavior. Both Democrats and Republicans tend to vote with their parties. Party members tend to share the same political outlook. Lawmakers turn to fellow party members for advice on some issues.

Other Influences on Congress Every president tries to influence Congress to pass particular bills. Presidents can influence lawmakers by supporting or opposing their legislative goals. Lawmakers are also influenced by lobbyists, the paid representatives of interest groups. Political Action Committees and “super” PACs influence lawmakers through donations.

Government Structure and Lawmaking Counties are normally the largest territorial and political subdivision within a state. The powers of cities and municipalities are spelled out in charters. Early townships were models of direct democracy but now most are governed by elected representatives. Special districts are units of local government that deal with a specific function. Tribal government is a separate level of government that serves the Native American population.

State Legislative Powers and Structure State legislatures derive their powers from the state constitution. Every state but Nebraska has a bicameral state legislature. State legislatures meet in regular and special sessions. Each state’s constitution defines the legal qualifications for state legislators.

Passing Laws and Influencing the Legislature All bills must be introduced by a member of the legislature. Bills are assigned to committees where they are discussed, rewritten, or modified. Conference committees may be needed to produce identical bills in the two houses. State legislators often look to their constituents for input on important issues.

Civic Participation in Local Government Americans have the greatest power and influence at the local level of government. Local government is the easiest level in which to participate. Local government officials may visit local businesses or initiate surveys to get input from citizens.