The Legislative Branch: Structure, Powers, and Rules Unit 5: The Legislative Branch

Before We Begin… This is the Unit where everything should start to come together…. What we just finished was Linkage Institutions (elections, political parties, the media, interest groups). Those institutions link the people to the government. Combine in the Constitutional Rules we went over before (in regards to the powers of the branches) we now can tie everything in through the Branches of Government. So… expect the FRQs and class discussions to refer back to plenty of stuff we’ve already discussed. Review it if you don’t remember it.

Roles of Congress 1.Policy Maker Make public policy through the passage of legislation 2.Representative To represent their constituents. Either as a Delegate (voting the way your constituents want, regardless of own opinions) or as a Trustee (vote your own opinions as your constituents have entrusted their vote to your abilities) 3.Constituent Servant Help constituents with problems back home 4.Committee Member Serve on committees that focus on different areas of policy 5.Politician/Party Member Work to support their political party platform AND get reelected

Privileges of Members of Congress Office “Allowance” Travel “Allowance” Franking Privilege Free mailings to their constituents Immunity from arrest while conducting congressional business Immunity from libel and slander suits for their speech or debate on the floor of Congress Staff and Support Personal staff works directly from members of Congress (either in D.C. or district offices back home) Committee staff works for committees and subcommittees in Congress, research and analysis Support agencies provide service (Library of Congress, Government Printing Office)

Powers of Congress (Legislative) Expressed PowersPowers specifically granted to Congress (Found in Article I, Section 8) Fiscal Powers: Taxation, Coining Money, Regulate Money Supply Foreign/Military Policy: Declare War, Establish and Maintain Armed Forces and Militias (now National Guard) Commerce Powers: Power to Regulate International and Interstate Commerce Others: Establish weights/measures, Establish Post Office, Copyright and Patents, Citizenship, etc. Implied PowersPowers that may be reasonably suggested to carry out “Expressed powers”. Found in Article I, Section 8, Clause 18. “Necessary and Proper”/Elastic Clause. (ex: Can establish a military draft because they have power to raise armies and Navy) Limitations on PowersDenied powers in Article I, Section 9 and the Tenth Amendment

Powers of Congress (Nonlegislative) Electoral PowersSelection of the President by the House and VP by the Senate in case no majority in the electoral college Amendment PowersProposal of Constitutional Amendments by a 2/3s vote of each house or by calling a national convention to propose amendments if requested by 2/3s of the state legislatures ImpeachmentThe House can impeach (bring charges) against any civil officer. The Senate holds the trial and is the jury for the case Executive Powers (Senate)The Senate SHARES appointment powers (putting people into Supreme Court and other Offices in the Executive) and Treaty Making powers with the President. Appointments need a majority vote. Treaties need a 2/3s vote Investigative/Oversight PowersInvestigate matters falling within the range of legislative authority; often involves the review of policies and programs of the Executive.

Differences between House and Senate Discuss Chart

The Filibuster Due to unlimited debate in the Senate a filibuster can be engaged in. A filibuster is when a Senator (or a group of Senators) continue to speak in order to avoid coming to a vote A filibuster can only end with a motion for Cloture Cloture officially ends debate and moves to voting Cloture takes 60 votes to achieve Meaning, a minority group in the Senate can prevent a majority vote In order to save time now a party will announce an intent to filibuster, and if the majority can’t find 60 votes to bring Cloture, they will move on to another item Individual Senators (Ted Cruz, Rand Paul) have tried one man filibusters not to stop a vote, but to make a point and get publicity

Impact of Differences Senate is less party centered Senate is more deliberate Senate is less leader oriented Senate is more open to freshmen representatives Senate is more heavily staffed Senate changes more by norm than by official rule

Breakdown of the 114 th Congress

Religion

Gender

Racial