1. The Legislative Branch
Unit 4
The Legislative Branch

2. The Legislative Branch
Section 1: Role of Congress

3. Legislative Branch—Make laws
Federal: Congress (House of Representatives and Senate) in Washington, D.C.
State: Congress (House of Representatives and Senate) in each state capitol
Local: City Council, Township Trustees

4. 3 Key Roles of Congress Congress 1. Making Laws 2. Overseeing Agencies
3. Helping Constituents

5. 1. Making Laws--how do members decide what laws to pass?
Personal belief
Constituents’ (the citizens the representative represents) Interests
Interest groups—a group of like-minded individuals who band together to influence public policy, public opinion, or governmental officials
Political Party Loyalty
*Congressmen must factor in these things before deciding how to vote on a bill.

6. 2. Overseeing Agencies
Conduct investigations of agency actions and programs
Seen as the “neglected function”
Congress would rather make programs that finding out if existing ones work

7. 3. Helping Constituents—members of Congress receive 200 million pieces of mail each year
Individual requests
Giving their views
Ask for assistance with gov services, like Social Security
Detecting patterns
If they get the same type of request or complaint, Congressman will see there is a problem
Handling requests
Usually handled by congressional staffs

8. Section 2: Houses and Members of Congress
Legislative Branch
Section 2: Houses and Members of Congress

9. Comparison of both houses of Congress
House of Representatives
Senate
Size
1. Set by Congress
Decided by Population of each state (10 year census)
Currently 435 members
1. Two from each state (100 total)
Terms
2 years
6 years
Qualifications
25 years old
US citizen for at least 7 years
Legal resident of state they represent
30 years old
US citizen for at least 9 years
Salary and Benefits
$174,000 salary
Office in congressional building
Send mail for free
General pensions, medical services, tax deductions, free parking, free health club memberships
Immunity—legal protection. Can’t be arrested if it keeps them from performing their job
1. All the same as House of Representatives
Salary and benefit link

10. Congressional Districts for House of Representatives
After each census, Congress uses the new population count to apportion the 435 seats among the states
States with population growth (West and South) gain seats
States that lose population (Northwest) lose seats
Each state will always have at least 1 rep
State legislature sets the districts for each rep

11. Gerrymandering Ohio Gerrymandering Map
Districts are drawn for political reasons to favor a political party
*Refer to Mr. Williams drawing on board for example
Ohio Gerrymandering Map

12. Profile of Members of Congress
Businesspeople or lawyers
Most have college degree
Most are over 40
Minorities and women underrepresented, but getting better

13. Section 3: Powers of Congress
Legislative Branch
Section 3: Powers of Congress

14. Powers of Congress
1. Expressed Powers
2. Special Powers
3. Implied Powers

15. 1. Expressed Powers (written specifically in the Constitution, Article I, Section 8)
Lay and collect taxes, pay debts, and provide for the common defense and general welfare of the US
To borrow money
Regulate foreign and interstate commerce
Establish uniform rules for becoming a citizen
Coining money
Punish counterfeiters
Make copyright and patent laws
Est. national courts
Punish piracy
Declare war
Raise and maintain army
Call up a national militia
Govern DC
Make laws necessary to carry out above powers

16. 2. Special Powers Impeaching officials Ratifying treaties
Approving appointments
Deciding elections
If no majority of electoral votes in a presidential election, each state votes for the winner (happened in 1801—Thomas Jefferson and 1825—John Quincy Adams)

17. 3. Implied Powers
“Congress has the power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers”—THE ELASTIC CLAUSE
Ex: Right to establish military academies

18. Limits on Powers of Congress
Pass ex post facto laws—a law that applies to an action that took place before the law was passed
Pass bills of attainder—a law that punishes a person who has not been convicted in a court of law
Suspend the writ of habeas corpus—a court order requiring police to bring all persons accused of a crime to court and to show sufficient reason to keep them in jail
Pass laws violating the Constitution
Pass laws giving a state or group of states an unfair trade advantage
Grant titles of nobility
Engage in spending that has not been authorized by law

19. United States Capitol Webpage