The Legislative Branch

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Presentation transcript:

The Legislative Branch How Congress is Organized Powers of Congress Representing the People How a Bill Becomes a Law

How Congress is Organized Terms of Congress 535 Members in Congress (435 H of R; 100 S) Intended to be most powerful branch of gov’t Each term of Congress begins on January 3 and lasts for 2 years- this is the 112th Term of Congress (Jan. 3, 2011) Each term has 2 sessions January to November Great Compromise- establish a two part (bicameral) legislature

How Congress is Organized House of Representatives Reps in HR are determined by a census (count) every 10 years Each state is divided into districts and they should have the same number of constituents (citizens) States abuse this power by deliberately drawing district lines to increase voting strength of a group Gerrymandering Representatives serve 2 yr. terms- focus on concerns of district, not state The Senate Each senator represents their entire state, not districts Serve 6 year terms, but elections are staggered

How Congress is Organized Congressional Leaders Majority Party- political party to which more than half the members belong Minority Party- the other party Party members choose leaders to direct their parties activities Speaker of the House- most powerful member of majority party in charge of floor debates steers legislation through House After VP, Speaker is next in line for President 25th Amendment Leader of the Senate- Vice President; VP rarely attends meetings President Pro Tempore acts as chairperson Widespread power in HR and S lies for floor leaders- make sure Congress passes laws in best interest of their political party- whips make sure legislation keeps moving Committees Committees do the leg work of passing a bill- some are temporary (select comm.), some are permanent (standing comm.) Sometimes House and Senate have comm. togetherjoint comm.

Speaker of the House- John Boehner

Powers of Congress Legislative Powers 1. Expressed Powers- powers plainly stated in Const. 2. Implied Powers- Powers not directly stated in Const. that Congress has anyway 3. Elastic Clause- Allows Congress to stretch powers to meet certain needs ** Implied Powers/Elastic Clause= Necessary and Proper Clause** Taxing and Spending Bills to spend money start in house- Authorization Bill gives plan ability to start; Appropriations Bill actually provides the funds Regulating Commerce- Congress regulates all foreign and interstate trade Foreign Relations/Treaties- Only Congress declares war, approve treaties

Powers of Congress Nonlegislative Powers Powers that do not relate to making laws- passing amendments, counting electoral votes, checks and balances The Power of Approval and Removal Senate can reject President’s nominee for high ranking jobs Congress can remove fed. officials- impeach Oversight and Investigation Reviews efficiency of other branches Limitations on power Congress may not favor one state over another or tax intrastate commerce Cannot suspend “writ of habeus corpus” must tell criminal why they are being held Cannot pass “bills of attainder” must allow criminal suspects to stand trial Congress may not pass “ex-post facto laws” making an act a crime after the act has been committed

Representing the People To qualify to be a congressman: House of Representatives: 25 yrs old; US citizen for 7 years Senate: 30 yrs. old; US citizen for 9 years Most congressman are lawyers and receive special gifts franking privileges (sending job related mail without a stamp) Most congressman hire personal staff- gather info, deal with lobbyistspeople hired by private groups to influence gov’t decision making Members of Congress perform 3 major jobs Lawmaking Casework- helping with special requests from state or district Helping the District or State- Protect home town interests (Pork barrel projects)

How A Bill Becomes a Law Types of Bills Two types of bills Private Bills- about individual people or places Public Bills- apply to the entire nation (tax, civil rights, terrorism) Congress takes into account lawmakers opinions about bills resolutions Joint Resolutions (HR and S. compromise on bill) becomes law if President signs

How A Bill Becomes a Law From Bill to Law Bill starts with an idea- some are suggested by special interest groups Can be introduced only by HR or S; given a title and number; if it is about money it must start in the House Bills then go to a committee where they are researched. Committees then: Pass the bill w/o changes Mark up a bill w/ changes and suggest it be passed Replace the original bill with an alternative one Ignore the bill and let it die Kill the bill by a majority vote

How A Bill Becomes A Law 3. Bills approved by committee then are debated by the House and Senate Sometimes, senators attach changes to a bill called riders House puts limit on debates, Senate does notfilibuster If 3/5 of Senate want filibuster to end they can vote for cloture 4. After the debates, each chamber votes on bill Voice Vote (yea/nea) Standing Vote Majority Wins- if it passes in one chamber it is sent to the other for approval If either chamber rejects a bill, it dies 5. After a bill is approved by both houses, it goes to the President for approval The Pres. signs it, it becomes law Pres. can veto bill- Congress overrides a veto with 2/3 vote in each house Pres. can ignore it for 10 daysif congress is in session, it becomes law, if it is out of sessionpocket veto