CHAPTER 5B “THE LEGISLATIVE BRANCH” (SECTIONS 3 & 4)

THE POWERS OF CONGRESS A. WHAT POWERS OF CONGRESS DOES THE CONSTITUTION LIST THE CONSTITUTION LIST 1. Article I, Section 8 of the Constitution list 1. Article I, Section 8 of the Constitution list all powers given to Congress all powers given to Congress a. Only Congress can allow the coining of a. Only Congress can allow the coining of money. money. b. There is a uniform form of weights and b. There is a uniform form of weights and measures. measures.

c. Congress can provide defense and is the only branch who can declare war. only branch who can declare war. (Strengthen by the War Powers Act of (Strengthen by the War Powers Act of 1973) 1973) d. Can raise and support a military but can not make an allowance of money for can not make an allowance of money for the armed forces for more than two years the armed forces for more than two years at a time. at a time.

e. Congress passes laws to regulate trade: e. Congress passes laws to regulate trade: -interstate commerce - trade or -interstate commerce - trade or commerce between states. commerce between states. -intrastate commerce - trade between -intrastate commerce - trade between different parts of the same state. different parts of the same state. (Congress does not control this) (Congress does not control this) f. Congress can regulate many f. Congress can regulate many communication companies. communication companies. g. Congress makes laws to permit g. Congress makes laws to permit naturalization. naturalization.

h. Congress created the U.S. postal h. Congress created the U.S. postal service. service. i. Congress can create national courts i. Congress can create national courts lower than the Supreme Court. (Does lower than the Supreme Court. (Does not apply to state courts.) not apply to state courts.) j. Congress can grant patents and j. Congress can grant patents and copyrights. copyrights. k. Congress makes laws for Washington k. Congress makes laws for Washington D.C.. D.C..

2. Borrowing, Taxing, and Spending 2. Borrowing, Taxing, and Spending a. One of the most important powers a. One of the most important powers given to Congress is the power to given to Congress is the power to borrow and raise money. borrow and raise money.

3. Only Congress can tax, spend, and 3. Only Congress can tax, spend, and borrow money. borrow money. a. All tax proposals must originate in a. All tax proposals must originate in the House of Representatives. (In the House of Representatives. (In your small groups discuss why? your small groups discuss why? ( 3 Min.) ( 3 Min.) b. Members are elected from a smaller b. Members are elected from a smaller geographical area. (They thus geographical area. (They thus represent more people.) represent more people.) c. Senate can only change the c. Senate can only change the proposals. proposals.

d. Constituents - people who live in d. Constituents - people who live in the home districts or states of the home districts or states of members of Congress. members of Congress. B. Elastic Clause 1. Powers not listed in the Constitution. 1. Powers not listed in the Constitution. 2. Congress can make laws necessary 2. Congress can make laws necessary and proper to carry out the delegated and proper to carry out the delegated powers. powers. a. Article 1 Sec. 8 is known as the a. Article 1 Sec. 8 is known as the elastic clause. elastic clause. 3. The Doctrine of Implied Powers 3. The Doctrine of Implied Powers

a. McCulloch v. Maryland - a. McCulloch v. Maryland - established implied powers by established implied powers by saying government could make laws saying government could make laws that were necessary and proper. that were necessary and proper. (John Marshall) (John Marshall) 4. Every implied power must be based 4. Every implied power must be based on some listed power. on some listed power. a. Regulating railroads that cross a. Regulating railroads that cross state lines. state lines.

C. Power to Impeach 1. House of Rep. has the power to 1. House of Rep. has the power to accuse a person of wrong doing. accuse a person of wrong doing. a. Impeachment - asking a person be a. Impeachment - asking a person be removed from office because of removed from office because of wrong doing. wrong doing.

b. Senate acts as a court/jury and hears b. Senate acts as a court/jury and hears the evidence. [2/3 vote of Senate the evidence. [2/3 vote of Senate can remove an official. (they can remove an official. (they may never hold office again.)] may never hold office again.)] c. Vice President usually acts as the judge c. Vice President usually acts as the judge unless the President is being accused. In unless the President is being accused. In this case the Chief Justice of the Supreme this case the Chief Justice of the Supreme Court presides over the case. (WHY??) Court presides over the case. (WHY??) d. 16 federal officials have been impeached. d. 16 federal officials have been impeached. e. Impeached official may be tried in other e. Impeached official may be tried in other courts for any crimes committed. courts for any crimes committed.

D. Special Powers 1. House has three: 1. House has three: a. Start impeachment proceedings. a. Start impeachment proceedings. b. Bills for raising money start here. b. Bills for raising money start here. c. Choose the President if enough c. Choose the President if enough electoral voters are not gotten. electoral voters are not gotten. 2. Senate has four: 2. Senate has four: a. Hold impeachment trials a. Hold impeachment trials b. Choose Vice-President if enough b. Choose Vice-President if enough electoral votes are not gotten. electoral votes are not gotten. c. Approve all treaties (2/3 vote) c. Approve all treaties (2/3 vote)

d. Approve some Presidential d. Approve some Presidential appointments to office. appointments to office. 3. Investigative Powers 3. Investigative Powers a. Investigative committees can be a. Investigative committees can be set up to determine how the set up to determine how the President is enforcing the laws or President is enforcing the laws or what new laws are needed. what new laws are needed. b. Can hear witnesses and gather b. Can hear witnesses and gather information. information.

c. Investigations often lead Congress c. Investigations often lead Congress to changing an existing law or to changing an existing law or create a new one. create a new one. 4. Regulation of the Economy 4. Regulation of the Economy a. The creation of a federal bank a. The creation of a federal bank b. The creation of the Federal Reserve b. The creation of the Federal Reserve System - regulates all national and System - regulates all national and many state banks in order to control many state banks in order to control the supply of money in the economy. the supply of money in the economy. c. Congress may also raise or lower c. Congress may also raise or lower taxes to pick up the economy. taxes to pick up the economy.

D. Limits on Powers 1. Voting power of the people 2. Checks and balances of the other 2. Checks and balances of the other two branches 2/3 vote of Congress two branches 2/3 vote of Congress can override Presidential veto. can override Presidential veto. Judicial Review (Courts can only Judicial Review (Courts can only declare a law invalid if someone declare a law invalid if someone challenges it.) 3. Constitution forbids certain actions. a. Prohibitions - rules or laws that challenges it.) 3. Constitution forbids certain actions. a. Prohibitions - rules or laws that forbid certain things. forbid certain things.

b. Writ of Habeas Corpus - Can not be b. Writ of Habeas Corpus - Can not be held as a prisoner unless charged held as a prisoner unless charged with a crime. with a crime. - Only exception is aiding the - Only exception is aiding the enemy. enemy. c. The Prohibition Against Bills of c. The Prohibition Against Bills of Attainder - law that convicts people Attainder - law that convicts people of a crime without a court trial. of a crime without a court trial. d. The Prohibition Against Ex Post d. The Prohibition Against Ex Post Facto Laws - can not be punished for Facto Laws - can not be punished for an act committed before there was a an act committed before there was a law against it. law against it.

e. The Prohibition Against Unequal e. The Prohibition Against Unequal Treatment by the Law Treatment by the Law - Every person must be treated - Every person must be treated equally. equally. - Double Test of Fairness (Difference - Double Test of Fairness (Difference in treatment) Must have a in treatment) Must have a reasonable relationship to the reasonable relationship to the purpose of the law. purpose of the law. - Purpose of the law must be one that - Purpose of the law must be one that is allowed by the Constitution. is allowed by the Constitution.

f. Taxing exports can not be done. f. Taxing exports can not be done. g. Favoring trade of a state g. Favoring trade of a state - Congress can not pass laws that - Congress can not pass laws that would give states or groups an unfair would give states or groups an unfair trading advantage. trading advantage. h. Granting titles of nobility h. Granting titles of nobility - all people are created equally - all people are created equally i. Withdrawing money without a law i. Withdrawing money without a law -must pass a law telling how money -must pass a law telling how money will be spent. will be spent.

HOW A BILL BECOMES A LAW

A. The Idea for a Bill Begins 1. Thousands of bills are introduced in to 1. Thousands of bills are introduced in to each house every year. each house every year. a. Appropriation bills (money) must a. Appropriation bills (money) must originate in the House. originate in the House. 2. Where do ideas for bills come from: 2. Where do ideas for bills come from: a. Citizens a. Citizens b. Organized groups (PAC’s, etc.) b. Organized groups (PAC’s, etc.) c. Committees of Congress c. Committees of Congress d. Members of Congress d. Members of Congress e. The President e. The President

B. An Idea Becomes a Bill 1. Anyone can suggest a bill but only 1. Anyone can suggest a bill but only members of Congress can introduce members of Congress can introduce bills. bills. C. The Bill is Introduced in the House 1. Bills are usually written by Committee 1. Bills are usually written by Committee and dropped into the “hopper”. and dropped into the “hopper”. 2. It is then given a number (H.R. 101 or 2. It is then given a number (H.R. 101 or S. 223) S. 223)

D. The Bill is Sent to Committee 1. Bill is sent to the committee in which 1. Bill is sent to the committee in which it has the best chance of passing. it has the best chance of passing. (Many bills can go to a variety of (Many bills can go to a variety of different committees.) different committees.) a. Many bills can die in committee. a. Many bills can die in committee. E. The Committee Holds Hearings 1. Hearings are open to the public 1. Hearings are open to the public 2. Any testimony for/against the bill is 2. Any testimony for/against the bill is heard. (I call this the bill on trial) heard. (I call this the bill on trial)

F. The Committee Studies the Bill 1. They can change it, etc. and recommend 1. They can change it, etc. and recommend it for passage. it for passage. G. The House/Senate Considers a Bill 1. It is placed on the House calendar in 1. It is placed on the House calendar in which it is given a day to be considered. which it is given a day to be considered. 2. The bill is given 3 readings. 2. The bill is given 3 readings. a. Speaker reads the title of the bill a. Speaker reads the title of the bill before sending it to committee. before sending it to committee. b. Second reading occurs when the bill b. Second reading occurs when the bill is being debated on. is being debated on.

- Rules committee decides how - Rules committee decides how much debate time is given to bill. much debate time is given to bill. (House) (House) - Each paragraph is read and - Each paragraph is read and amendments may be made to each amendments may be made to each paragraph. paragraph. H. The House Votes on the Bill 1. A quorum - majority must be present 1. A quorum - majority must be present to do business. to do business. 2. Bill is read (usually in entirety) 2. Bill is read (usually in entirety)

3. Roll-Call vote is taken 3. Roll-Call vote is taken a. Roll-Call Vote - each member’s a. Roll-Call Vote - each member’s name is called and a record is made name is called and a record is made of his/her vote. of his/her vote. b. If it passes, it goes to the other b. If it passes, it goes to the other house. house. I. The Senate/House Acts on the Bill 1. Bill is given number. 1. Bill is given number. 2. Read by title for its first reading. 2. Read by title for its first reading. 3. Send to committee 3. Send to committee a. Kills or recommends bill for passage. a. Kills or recommends bill for passage.

4. Bill is debated on. 4. Bill is debated on. a. Filibuster - talking a bill to death. a. Filibuster - talking a bill to death. b. Cloture - ending debate on a bill with b. Cloture - ending debate on a bill with a 3/5 vote. a 3/5 vote. J. The House and Senate Agree on the Final Bill Bill 1. If identical bills are passed it is sent to 1. If identical bills are passed it is sent to the President. the President. 2. Usually the House or Senate pass 2. Usually the House or Senate pass different versions in which case it is different versions in which case it is sent back to the House in which it sent back to the House in which it originated. originated.

3. If the House/Senate do not agree to the 3. If the House/Senate do not agree to the changes a conference committee is changes a conference committee is called. (Equal membership from both called. (Equal membership from both Senate and House.) Senate and House.) a. A compromise is made and the bill a. A compromise is made and the bill is sent back to both houses in which is sent back to both houses in which the bill is usually passed. the bill is usually passed. K. The President Approves/Vetoes the Bill 1. President may take 1 of 3 actions 1. President may take 1 of 3 actions a. Sign the bill and declare it law. a. Sign the bill and declare it law.

b. May refuse to sign the bill (veto) b. May refuse to sign the bill (veto) - It is sent back to the House in - It is sent back to the House in which it originated in with a which it originated in with a message saying why he vetoed it. message saying why he vetoed it. - Veto can be overridden with a - Veto can be overridden with a 2/3 vote of EACH House. 2/3 vote of EACH House. c. President can do nothing with a bill. c. President can do nothing with a bill. - Becomes law after 10 days and - Becomes law after 10 days and Congress is in session. Congress is in session.

- Pocket Veto - President does nothing - Pocket Veto - President does nothing with a bill and Congress is not it with a bill and Congress is not it session the bill is dead. session the bill is dead. IN YOUR SMALL GROUPS DISCUSS WHY A PRESIDENT WOULD USE THE VARIOUS KINDS OF VETOES. (3 MIN.)

STEPS TO A BILL BECOMING LAW (SIMPLIFIED) 1. Introduction 2. Committee 3. Hearings are held 4. Committee Studies Bill 5. House Considers Bill (Floor Vote) 6. Introduction (Other House) 7. Committee (Other House) 8. Floor Vote 9. Senate and House Agree on Final Version 10. President

POSSIBLE ASSIGNMENTS: 1. Make a collage on how Congress Protects Freedoms. Freedoms. 2. Article Before Congress. Draw a Cartoon Dipicting the Cartoon. 3. Grad Project U.S. Citizenship Parts C & D 4. Building Your Portfolio (pg. 91) 5. Chapter 15 Wks. 6. Skills Wks. (pg. 5) 7. How a Bill Becomes a Law video 8. Students Find a Bill, or make one of their own, put it into the hopper. (Break into own, put it into the hopper. (Break into House and Senate and put into House and Senate and put into committees. etc. committees. etc. 9. Amer. Gov Worksheet (pg. 15, 52, 54) 10. Section Review (pg. 83, 89) EXTRA CREDIT (5 pts.) 1. Voc. Workshop, Reviewing Main Ideas, Thinking Critically (pg. 91) Thinking Critically (pg. 91)