1. The Legislative Branch
Unit Four: The Constitution Says

2. A Congressional History
The Articles of Confederation had a unicameral legislature (only had one house).
James Madison’s Virginia Plan wanted a bicameral legislature (containing two houses) based on state populations.
William Paterson’s New Jersey Plan recommended a unicameral legislature with each state receiving one vote

3. The Connecticut Compromise
Presented by Roger Sherman
The House of Representatives would be based on each state’s population.
The Senate would have two people from each state selected by the state legislatures.
This system remained in place until the 17th Amendment was passed in 1913 allowing citizens to also elect their Senators.

4. The Powers of Congress
Listed in Article I, section 8 of the Constitution

5. There’s a list of 27 items! Assess and collect taxes
Provide for the common defense
Provide for the general welfare
Borrow money on the credit of the US
Regulate business with foreign countries
Regulate interstate commerce
Regulate commerce with Indian tribes
Establish naturalization rules
Establish bankruptcy laws

6. Coin and regulate the value of money
Regulate the value of foreign money in the US
Fix the standard of weights and measures
Punish counterfeits
Establish post offices
Promote the progress of science and useful arts
Establish patents and copyrights

7. Establish federal court system
Punish piracy on the high seas
Punish the offenses against the laws of nations
Declare war
Raise and support an army
Provide and maintain a navy
Regulate the land and naval forces

8. Call the militia (the National Guard) to suppress insurrections and repel invasions
Organize and arm the militia
Govern the District of Columbia
Build forts, docks, and other buildings on government property
These are the enumerated powers of Congress.

9. Other Powers of Congress
Admit new states to the US
Propose Amendments to the Constitution
Collect federal income tax
Ensure civil rights
Determine whether a president is mentally or emotionally disabled and thus unable to continue in office

10. Implied Congressional Powers
The Constitution gives Congress the right to make all laws “necessary and proper” to carry out its enumerated powers.
This is the elastic clause because it stretches the authority of Congress.
Elastic Clause powers
Establish a national banking system
Regulates the railroads and airlines
Interstate commerce regulations

11. What can’t Congress do?
Arrest and keep people in jail without a reason
Punish someone for a crime without a jury trial
Punish someone for something they did that was legal at the time
Put a tax on an individual
Tax products made in one state and sold in another
Spend money without first having a budget
Grant titles of nobility

12. Exclusive Powers Only the house can Only the senate can
Impeach federal officials
Elect a president if no candidate wins the majority of the electoral votes
Convict and remove federal officials
Elect a vice-president if no candidate wins the majority of the electoral votes
Approve ambassadors
Approve federal judges
Approve members of the President’s Cabinet

13. The Structure of Congress
Membership
Senate
Two senators from each state
100 members total

14. The Structure of The House of Representatives
One representative from each Congressional District
435 members total (per the Reapportionment Act of 1929)
The government takes the national census every ten years to adjust Congressional Districts based on present populations
All the states have at least one representative (Ohio has 16)
Washington, DC, American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands have five delegates and Puerto Rico has a resident commissioner (they can’t vote)

15. Congressional Leadership—The House
Supervised by the Speaker of the House (an elected member of the majority party) (Paul Ryan for now)
In line for the presidency behind the Vice President
There’s also a majority and a minority floor leader, each elected through a caucus, who try to swing votes a certain way; assisted by whips

16. Congressional Leadership—The Senate
Supervised by the President of the Senate (the Vice President)
The President Pro Tempore is elected to deal with the daily Senate business (Orrin Hatch)
Also elect a majority and minority leader to represent their political parties; assisted by whips

17. House of Representatives
Elections
House of Representatives
Senate
Minimum Age
25 years old
30 years old
US Citizenship
At least 7 years
At least 9 years
Residence
Within the state; but usually within the congressional district
Within the state
Elected Term
2 years
6 years
Each house of Congress has certain requirements for those that want to be elected.

18. When do they meet?
Meet in Sessions (one session is held each year); begin in January and continue until adjournment in the fall
The 20th Amendment requires Congress to meet at noon on the third day of January to organize the upcoming biennium (two-year period); each biennium is a “Congress”
The first “Congress” was held from 1789 – 1790
We’re finishing up the 115th Congress ( )