1. Requirements, Duties, and Characteristics of the Legislative Branch.
ARTICLE ONE
Requirements, Duties, and Characteristics of the Legislative Branch. 1

2. Bicameral Legislature Article 1, Section 1: …which shall consist of a Senate and House of Representatives.
Our Congress is split in two houses:
The House of Representatives is determined on a State’s Population (proportional representation).
Each state sends 2 Senators to the other part of congress, the Senate (equal representation).
The Senate is 100 people, can’t change without adding/subtracting states.
The House is 435 people, but is divided differently every 10 years to reflect the latest census/population figures. 2

3. What is Fair? How should representing the states balance the big and the small? (Continuation of our “We the People” lessons)
NJ Plan:
Equal Representation
Pro: all have equal say.
Con: people’s votes aren’t equal.
VA Plan:
Proportional Representation
Pro: people’s votes are now weighted evenly.
Con: small states have little say vs
Great Compromise:
Create a legislature with 2 houses, balance responsibilities between the two, and create a more perfect union of big and small.

4. A balance is created between the big and the small states.
In 200o, Bush won more states than Gore, but Gore won more people.
Ideally, this example represents the idea of both plans. 4

5. A balance in population is a little more clear here.
This map shrinks/expands each state based on population.

6. House of Representatives
Characteristics of the 2 Houses Article 1, Section 2 (Clauses 1 & 2); Section 3 (Clauses 1,2 &3)
Senate
House of Representatives
6 Years
Length of Term
2 Years
30 Years Old
Age Minimum
25 Years Old
Live anywhere in state
Residency Requirement
Live in district
9 year US citizen
Citizenship Requirement
7 year US citizen
100
Total #
435 2
From MA 10
New Jersey (NJ) Plan – favors small states
More Like:
Virginia (VA) Plan – favors big states
All Reps/Senators are elected by direct election – the people vote directly for them. 6

7. Our Congress People Are:
Representative Stephen F. Lynch- 9th District
Senator John Kerry (D)
Senator Scott Brown (R) 7

8. Leadership of the House Article 1, Section 2, Clause 5: The House of Representatives shall choose their Speaker and other Officers
Speaker of the House is voted on by the Representatives.
Currently Nancy Pelosi (D-CA)*
Considered to be the “most powerful person in the US,” as s/he controls which bills get voted on and when.
Republicans and Democrats also elect leaders to represent their causes, mainly the Minority Leader.
Currently John Boehner (R-OH)*
Whips: both parties have them – responsible for getting people “on board” with votes.
*Pelosi and Boehner will switch roles in January, 2011

9. Leadership of the Senate Article 1, Section 3, Clause 4: The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
The Vice President “leads” the Senate as the President of the Senate.
The Vice President only votes to break ties.
The VP does not run day-to-day business
Acts as a “presence” to remind the Senate of the President’s wishes and power.
Article 1, Section 3, Clause 5: The Senate shall choose their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of the President of the United States.
The Senators also elect the president pro tempore (Daniel Inouye-D Hawaii) “Mr. President”
Only formally takes charge when the VP cannot. 9

10. Impeachment Process Article 1, Section 2, Clause 5; Section 3, Clauses 6 & 7

11. Other Requirements and Things Article 1, Sections 4, 5, & 6
Since 1872, Congress requires all states to hold elections for Senators and Reps on the same day.
Each house sets quorum:
Senate/House cannot vote with a minimum number of Senators/Representatives present (51 in Senate, 218 in House)
Rules are set (and are very long and detailed).
Congressional Record – all votes, speeches and actions are recorded everyday and available online.
$$$ - All make $170 k, with leadership making more.
Cannot be arrested or sued (immunity) for something they say during debate, unless it is a criminal act.
Cannot hold another government job while serving in Congress.

12. Congress’ Primary Job: Make Laws Article 1, Section 7: Law Making Process
Vesting clause: all the government’s power to write laws lies in the legislative branch. Nowhere else.
We will do an activity later called “How a Bill Becomes a Law” (HABBAL) to further explain this.

13. Enumerated powers of Congress Article 1, Section 8, Clauses 1-18: Congress shall have the power…
Collect Taxes for the common defense and general welfare
Taxes must be the same in all parts of the country.
Also gives Congress power to spend money
Borrow money through bonds bought by Americans.
Establish laws on Naturalization:
The process by which an immigrant becomes an American citizen.
Regulate all trade (between states or countries).
Punish pirates! 13

14. Enumerated powers of Congress Cont… Article 1, Section 8, Clauses 1-18: Congress shall have the power…
Coin Money!
Determine the value of each piece.
Also regulates weights and measures.
Punish counterfeiting.
Establish Post Offices, delivery of mail.
Develop a system of patents and copyrights.
Establish courts.
Congress determines the number of courts and judges at each inferior, or lower court (as in lower than the Supreme Court).

15. Enumerated powers of Congress Cont… Article 1, Section 8, Clauses 1-18: Congress shall have the power…
Military Powers:
Declare War: The President may NOT do this!
Create and fund the Army, Navy.
Make rules and raise/spend money for it.
Call for the militia (or National Guard) to defend nation.
Begin a draft, if necessary.
Elastic Clause – Congress’ greatest power!
“make all laws necessary and proper.”
Congress can make laws it feels are needed.
Also called the “general welfare” and “necessary and proper” clause.

16. Congress May Not: Article 1, Section 9: Powers denied to the Federal government.
Suspend Habeas Corpus
Can’t be arrested without proof.
Create Ex post facto laws
EPF laws are created to punish something LEGAL by making a new law to make that act ILLEGAL. You cannot be arrested for actions in the past.
Create a Royalty
Tax Exports
Spend money without passing a law first
Pass bills of attainder
A legislative act declaring a person guilty with no trial. 16