The Legislative Branch Beginning in January each year, 535 members of Congress come together to determine such things as the safety of your workplace, the amount of taxes you pay, and how much money the government will spend.

The Legislative Branch ●Article I of the U.S. Constitution gives Congress the power to make laws. ●Congress is a bicameral legislature – it is made up of two houses, the Senate and the House of Representatives.

The Capital Building in Washington, D.C. House of Representatives Senate

The Mall in Washington D.C. The White House The Supreme Court

I. Congressional Powers

●The Constitution describes the legislative powers of Congress in Article I, Section 8, Clauses ●The expressed powers of Congress are also called the enumerated powers. ●The last clause (18) gives Congress the power to do whatever is “necessary and proper” to carry out its other powers. ●This clause, also called the elastic clause, implies that Congress has powers beyond those expressed in the first 17 clauses.

I. Congressional Powers ● Enumerated economic powers – o levy and collect taxes, o borrow money, o establish bankruptcy laws, o coin money, o punish counterfeiters, o and to regulate foreign and interstate trade. ● Enumerated powers of defense – o declare war, o raise, support, and regulate an army and navy, o provide and regulate a militia (the national guard) o punish piracies

I. Congressional Powers ● Other legislative powers – o establish laws of naturalization o establish post office o securing patents and copyrights o establishing lower courts o and governing the District of Columbia. ● Non-legislative powers – o choose a president o remove a member of the executive and judicial branch o approve presidential appointments o propose amendments o investigate and legislative oversight.

II. The Organization of Congress

Membership of the House of Representatives ● Currently there are 435 members with seats divided between the states based on population. ● Qualifications: o Must be at least 25 years old o Citizens for at least 7 years o Residents of their states ● Term: o 2 years

Membership of the House ● Representation: o Every 10 years the U.S. takes a national census, or population count. (The last census was in 2010.) o The new population count determines the new number of representatives each state is entitled to – a process called reapportionment.

Membership of the House ●Congressional Redistricting: o After states find out reapportionment, each legislature sets up congressional districts – one for each representative. Representatives are elected from these districts. o Redistricting – the process of setting up new district lines after reapportionment.

Membership of the House ● Legislatures have abused their power of redistricting by gerrymandering, party in power draws lines to gain an advantage in the elections. These have irregular shapes. o Packing – Lines include as many of opposing party’s voters as possible. o Cracking – Lines divide opposing party’s voters to weaken their vote.

This cartoon shows the salamander-like shape of an irregular congressional district created in 1812 when Elbridge Gerry was governor of Massachusetts.

Membership of the Senate ● Currently there are 100 Senators, two for each state. ● Qualifications: o Must be at least 30 years old o Citizens for the last 9 years o Residents of their states ● Term: o 6 years o One-third are elected every two years

III. Congressional Leadership Who are the leaders that hold the power in Congress?

House of Representatives ● Speaker of the House – presiding officer and its most powerful leader. o Chosen by the majority party o Decides which members speak first o Appoints members to committees o Schedules bills for action ● John Boehner (R-OH)

House of Representatives ● Majority Leader – Speaker’s top assistant o Plan the party’s legislative program o Party official not a house official ● Kevin McCarthy (R- CA)

House of Representatives ● Minority Leader – elected by the minority party o Plan the party’s legislative program o Party official not a house official Nancy Pelosi (D-CA)

House of Representatives ●Whips – assistant floor leaders o Watch how the party members intend to vote, and persuade them to vote as the party wishes. ●The term whip is derived from the British term "whipper in", who was the person responsible for keeping the foxhounds from leaving the pack. ●Steve Scalise (R - LA), Steny Hoyer (D-MD)

Senate ● Vice-President – presiding officer o May not take part in Senate debates. o Cast vote only in the event of a tie. ● Joe Biden

Senate ● President Pro Tempore – presides in the absence of the VP. o Elected leader o Steers party’s bills ● Orrin Hatch (R-UT)

Senate ● Majority Leader – Elected by majority party o Plan the party’s legislative program o Party official not a house official Mitch McConnell (R-KY)

Senate ● Minority Leader o Plan the party’s legislative program o Party official not a house official Harry Reid (D – NV)

Senate ● Whips – assistant floor leaders o Watch how the party members intend to vote, and persuade them to vote as the party wishes. ● Jon Cornyn (R-TX), Dick Durbin (D – IL)

IV. Committees Both House and Senate depend upon committees to effectively consider the thousands of bills that are proposed each session. Committees are the key power centers in Congress.

Committees ● Purpose: o Help ease the workload. Members divide their work among smaller groups. o Lawmakers listen to supporters and opponents of a bill. Here they work out compromises. o Public hearings that help the public learn about key issues. ● Most bills never get beyond the committee stage.

Types of Committees ● Standing committees – permanent groups that oversee specific issues. (Examples: Agriculture, Banking & Finance) ● Subcommittees – specializes in a subcategory of its standing committee. ● Select Committees – temporary committees to study one specific issue. (Examples: Organized crime, hunger) ● Joint Committees – made up of members from both houses.