The Legislative Branch

I. What is Congress? Congress: The law making body of the government. “The Great Compromise: A bicameral legislature Senate: based on equal representation Every state has TWO senators! House: based on population Nebraska has THREE representatives!

II. The Electoral Process Senate Article I, Section 3 Term of Office: 6 years 1/3 up for re-election every 2 years. Requirements: 30 years old Citizen for 9 years Resident of State How elected into office? Originally: appointed by state legislatures 17th Amendment: people elect directly! House Article I, Section 2 Term of Office: 2 years Requirements: 25 years old Citizen for 7 years Resident of State How elected into office? Elected directly by the people

III. Determining Representation How does government determine how may representatives each state gets? Representation is based on population Census is taken every 10 years. Census determines the population of each state, which in turn determines the number of representatives. Congressional districts are redrawn after each census. What is gerrymandering? Gerrymandering is when districts are redrawn to favor a political party, politician, or group of people.

IV. Salary and Benefits 27th Amendment: Perks of the job: If Congress decides to give itself a raise, the raise does not go into effect until the next term! Perks of the job: Annual Salary: $145,000 (Speaker: $186,000) Allowance for staff members/assistants Free trips home Immunity Franking Privilege

V. Organization & Leadership Leadership in Congress: Speaker of the House (Nanci Pelosi) Most powerful position in House. Non member can speak under called upon by Speaker. Always a member of the majority party and usually a long time member of Congress. President of the Senate (Dick Cheney) Cannot take part in Senate debate and may only vote in case of a tie. President Pro Tempore (Robert C. Byrd) Leader only in Vice President’s absence. Elected by members of Senate. Longest serving member of the majority party

V. Organization & Leadership Leadership in Congress: MAJORITY Party: Group with most members (currently Democrats) MINORITY Party: Group with least member (currently Republicans) Each party then appoints floor leaders: Floor Leader: Responsible for guiding party’s proposed bills through Congress. Party Whips: Assists the floor leader(s), by recruiting party members to vote specific way.

VI. Lawmaking Process Legislative Branch is responsible for MAKING LAWS. Both houses must approve a bill before it is sent to the president. How does a bill become a law? There’s a lot that goes in before an idea becomes law of the land!

V. Organization & Leadership Most work is done in committees. (Def): specialized group of senators who study proposed bills, hold hearings and conduct investigations to obtain information on bills. Lot’s of different types of committees & members of Congress usually belong to 2-3.

VI. Lawmaking Process FIRST, Someone has an idea for a bill: Ideas can come from… Members of Congress Citizens (you and me!) Interest Groups (ex: NRA) Congressional Committees President

VI. Lawmaking Process SECOND, it is introduced by a member of Congress. Written out and officially becomes a bill. Read to members of the house in which it originated, Printed in the Congressional Record. THIRD, it is sent to committee.

VI. Lawmaking Process Standing Committees: permanent committees of each house of Congress. Senate= 16 ; House = 19 Responsible for special area of congressional business. Research and decide if bill should go before Congress. Example: Foreign Relations Committee Subcommittees: each standing committee is then broken down into smaller groups. Deal with specific issue of bill or committee. Example: Africa, Asia & Pacific, European Affairs

VI. Lawmaking Process What happens in committees? The bill is referred to the appropriate subcommittee. Committee hearings are open to the public (C-SPAN!) Committees decide whether or not the bill is necessary based on their research & investigation. May revise bill Makes recommendation as to why Congress should pass the bill.

VI. Lawmaking Process FOURTH, it’s debated on the floor. Vote taken (yay or nay). The bill can be amended at any time! After third reading, roll-call vote taken. Sent to the other house of Congress and goes through the same process.

VI. Lawmaking Process What happens if both houses don’t pass the same exact bill? Conference Committee meets and attempt to reach a compromise. Set up of equal number or Representatives and Senators. Temporary & only considers one bill. Only created if House and Senate pass two different versions of same bill. Example: Minimum Wage Bill (2007) The compromised bill is then sent back to both houses and voted on again!

VI. Lawmaking Process FINALLY, the final draft of the bill must be approved by the president. If president approves it, the bill is official law. If the president denies (vetoes), the bill is dead! If the President waits ten days without doing anything… If Congress is in session: bill automatically becomes law. If Congress has adjourned: bill dies (pocket veto) If the President vetoes, is that it? No, Congress can override a veto with a 2/3 vote. Very uncommon and unlikely.

VII. Congressional Powers Expressed powers: powers given to Congress in Article I of Constitution. Implied Powers: those powers NOT listed in the Constitution. Impeachment: the process of removing an official from office. Appropriation Bills: legislation dealing with money.

VII. Expressed Powers Article I, Section 8 Government has power to: collect taxes borrow money regulate foreign and interstate commerce Maintain armed forces declare war and regulate immigration & naturalization Expressed powers are also known as “legislative powers” of government. The words can be used interchangeably. These are specifically listed in Article I, Section 8 of the Constitution.

VII. Legislative Powers Expressed powers can be divided into several categories: Monetary Powers: deals how money should be spent. Commerce Powers: regulation of trade and government services. War Powers: provides protection to the United States. Governing Powers: oversees states, territories, and government property. Judicial Powers: assists conducting judicial functions of government. These are defined on their worksheets as well, they should be able to deductively reason which of these categories each of the options falls into.

VII. Nonlegislative Powers Enable government to operate more effectively and help to check powers of other branches of government. For example: Congress has the power to propose amendments or changes to the Constitution, Investigate legislation or activities of the executive branch, Impeachment procedures of government officials.

VII. The Power to Impeach One of Congress’s most important nonlegislative powers. To accuse government officials of wrongdoing, put them on trial, and if necessary, remove them from office. It is important to help students understand the misconception…impeachment IS NOT the removal of a person from office…rather it is the PROCESS of removing a person from office. There have only been TWO presidents who have been impeached (process) Andrew Johnson and Bill Clinton.

VII. Legislative Oversight Congress has the ability to review how well the Executive Branch carries out laws enacted by Congress. Special investigations are instituted when wrongdoing is suspected. Legislative Oversight is a check/balance on the power of the executive branch. This can be seen in the investigation of the firing of the 9 federal attorney’s which led to Attorney General Alberto Gonzales’ resignation earlier this fall.

VII. Special Powers of Congress The Constitution reserves special powers for each house of Congress; the Senate and the House of Representatives. Non legislative powers also include special powers specifically given to each component of Congress. Again, this serves as a checks and balance to the amount of power the legislative branch has in our federal system.

VII. Special Powers of the House Impeachment proceedings (bring charges). Choose president if no candidate wins a majority in the Electoral College. Introduce tax bills and appropriations (bills that involve money).

VII. Special Powers in the Senate Acting as the jury in an impeachment trial. Ratifying treaties with other countries. Approve or reject the President’s appointments.

VII. Denied Powers Article I, Section 9 specifically states powers that Congress does NOT have. Examples: Cannot grant titles of nobility Cannot pass ex post facto laws cannot punish an individual for a crime that was legal before law was passed. Cannot pass bills of attainder Cannot sentence a person to prison without a trial Cannot suspend writ of habeas corpus “Show me the body”: government must show probable cause. Cannot favor a state over another Cannot pass laws that violate Bill of Rights