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The Legislative Branch. Legislative Branch Article I est. legislative power in the U.S. in 2 houses – House of Representatives – Senate Roles – Appropriating.

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Presentation on theme: "The Legislative Branch. Legislative Branch Article I est. legislative power in the U.S. in 2 houses – House of Representatives – Senate Roles – Appropriating."— Presentation transcript:

1 The Legislative Branch

2 Legislative Branch Article I est. legislative power in the U.S. in 2 houses – House of Representatives – Senate Roles – Appropriating money – Making laws – Monitors the President; investigates possible abuses of power All R & S have responsibility to represent their constituents R  representatives S  senators

3 House of Representatives

4 I, 2, 1-5 Voted every 2nd yr. by the people Term length  2 yrs. @ least 25 yrs. old U.S. citizen @ least 7 years Lives in state which he/she is elected

5 House of Representatives Total # of R based on state’s pop. Each state guaranteed @ least 1 R Total number of R frozen @ 435 Speaker of the House is party leader in the H of R Impeachment cases  H of R are prosecutors H of R – Initiates all spending bills – Sole authority to impeach federal officials – Can break Electoral College gridlock

6 Senate

7 I, 3, 1-6 Each state has 2 S; originally elected by state legislatures, NOW by the people Term length  6 yrs. @ least 30 yrs. old U.S. citizen @ least 9 yrs. Lives in state which he/she is elected

8 Senate VP  P of S; has no vote unless there is a tie President pro tempore acting P of S when VP is absent Has power to try all impeachment cases P being tried  Chief Justice presiding judge Federal official guilty when 2/3 of S present vote guilty Sole authority to advise/consent P

9 How a bill becomes law (I, 7, 1)

10 Member of Congress proposes a bill House that bill originated in votes & passes the bill – Other house votes & passes the bill Bill is sent to P  has 2 options: – Signs bill into law – Vetoes the bill  sent back to Congress w/P’s list of objections – If P does not sign bill after 10 days  becomes law Congress can override P’s veto with 2/3 vote in both H of R & S

11 Powers of Congress (I, 8, 1-18)

12 Levy/collect taxes (I, 8, 1) Commerce Clause (I, 8, 3) – Power to regulate commerce Declare war, grant letters of marque and reprisal – Govt. authorization to use private ships for privateering Elastic Clause (I, 8, 18) – Make all laws necessary & proper to execute the enumerated laws of Congress

13 Limits on Congress’ power (I, 9, 1-8)

14 Writ of habeas corpus can’t be suspended unless in cases of rebellion, invasion, or if public safety requires it (I, 9, 2) No bill of attainder or ex post facto law may be passed – Bill of attainder – Act of legislature declaring a person/group guilty w/o benefit of a trial – Ex post facto – A law making an action guilty after it had been committed

15 Removal Power – Impeachment

16 Federal officials must be convicted of “treason, bribery, or other high crimes and misdemeanors” – 14 federal judges impeached, 6 convicted – 2 presidents impeached, 0 convicted – 1 Cabinet officer impeached – resigned before vote took place Nixon was never impeached – Articles of impeachment were sent, but Nixon resigned before House considered charges

17 Impeachment process House Judiciary Committee considers charges – Can subpoena witnesses/evidence House votes on each article – Each article requires majority vote – Article reaches majority vote  official is impeached – H of R sends articles of impeachment to S

18 Impeachment Process S tries case – P being tried = Chief Justice of S.C. presides over case – If non-P being tried = VP or President pro tempore presides over case Selected H of R members act as prosecutors S hears testimony/evidence

19 Impeachment Process S votes: – Conviction requires 2/3 vote of S present – Drop case – Censure official If P or official is convicted: – S can vote to bar official from holding any future offices or getting any emoluments (pension)


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