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Published byAdam Benson Modified over 8 years ago
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Legislative Branch The Law Making Branch
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Legislative Power comes from Article I Section 1: Legislative Powers Section 2: House of Representatives Section 3: Senate Section 4: Congressional Elections Section 5: Procedure – –Quorums, Open Voting Records, and Adjournment Section 6: Compensation, privilege, restrictions on holding office Section 7: Bills Section 8: Enumurated Powers –Collect taxes, declare war, pay for debts, coin money, maintain Army and Navy –Make Laws Necessary and Proper to carry out powers – Elastic Clause Section 9: Limits on Congress Section 10: Limits on States
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Organization 2 houses (bicameral) – to divide the power even further and ensure citizens are represented House of Representatives – the people’s house – 435 representatives Senate – the upper house – 100 representatives
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Qualifications House of Representatives –25 years old –US citizen for 7 years –Live in represented state Senate –30 years old –US citizen for 9 years Live in represented state
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Term & Membership House of Representatives –2 year term –State can not set term limits (see below) –435 members Senate –Six year terms –State can not set term limits 1995, Supreme Court ruled term limits for Representatives and Senators unconstitutional –100 senators – 2 from each state
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Census Population count taken every ten years to determine representation for the House If your state gains in population it can gain a seat in the House If your state loses in population it can lose a seat in the House Representatives are elected by a district and serve that district After a census is taken the state legislatures apportion (redraw) districts on the state map Gerrymandering – draw oddly shaped districts to benefit a party or for political reasons All districts are supposed to have the same number of constituents (voters)
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Apportionment of Representatives after 2010 Census
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New District Lines in South Carolina
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North Carolina’s 12 th District Lighting Bolt District -Example of Gerrymandering
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Duties House of Representatives –Introduces appropriations bills –Elects presidents if no majority –Happened once in 1824 Adams over Andrew Jackson –Impeaches officials Senate –Ratify treaties –Elects VP if no majority –Impeachment trials –Approves appointments
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Benefits of Congress 2013 Salary- $174,000 –Both House and Senate leaders get paid more (Speaker of the House = $223,500) –Stopped raise last 4 years to save taxpayer money ($850,000) Trips to home state are paid for Allowance for staff and furniture for their offices Insurance and Pension Discounts Franking privilege – send job related mail without postage Given immunity for minor crimes –Only crimes that they can be arrested for are treason, a felony, and breach of the peace
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Franking Privilege
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Punishments Expulsion – forced to leave by 2/3 vote by either house Censure – wrong doings made public –Very embarrassing –Senators: Most recent 1990, David Durenberger was censured for unethical conduct relating to reimbursement of Senate expenses and acceptance of outside payments and gifts –Representatives: David Crane was censored for in 1983 for inappropriate sexual behavior with a congressional page –Charlie Rangel in 2010 Charlie Rangel in 2010Charlie Rangel in 2010
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Senate Continuous body – 1/3 goes up for election every 2 years – ensures stability –Senators divided into classes. –Class II was up in 2008 – Dole lost to Hagan Class II Class II –Class III - 2010 = Burr won against Elaine Marshall Kay Hagan - D Richard Burr - R
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Congressional Sessions Regular Session – 2 regular sessions, one for each year beginning January 3 – month long vacation in August –The 113 th Congress started Jan. 3, 2013 Special Session – Called by the President – used if there is a crisis or high need for change Joint Session – House & senate meet together at the same time
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Roles of a Congressman Make Laws Represent the People –Trustee – people trust their judgment –Delegate – Agent of the people –Partisan – Agent of the party –Politicos – combination of all 3 Committee Work Servant of the people –Pork Barrel Spending –Casework - VideoVideo Patrick McHenry NC 10 th District Representative Since 2005
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Congressional Leadership Official –Majority Party – party with most members – dominates the leadership positions Currently the Democratic Party in the Senate and Republicans in the House –Minority Party – party with least members –Seniority – years of experience – used to determine leadership positions
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House Chamber
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Senate Chamber
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Congressional Leadership Cont. House Leader – Speaker of the House –Always from the majority party –3rd in line to the presidency –Most powerful leadership –Currently John Boehner (R – OH) Senate Leader – –Vice President – official leader – only there for tie- breaker & State of the Union – Currently Joe Biden –President Pro-Tempore – presiding official leader – 4th in line for presidency Currently Daniel Inouye (D – Hawaii) –Senate Majority leader has the true power in the Senate Harry Reid (D – Nevada)
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House and Senate Leaders Speaker of the House John Boehner President of the Senate Joe Biden President Pro Tempore Patrick Leahy Senate Majority Leader Harry Reid
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Congressional Leadership Cont. Party Leaders –Each house has its own party leaders that work on behalf of the party –Floor Leaders – make sure the upcoming bills are in the best interst of the party – also decide committee assignments –Party Whips – keep track of voting intentions of party members – makes sure representatives vote on party lines
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Current Leadership in the Senate Senate Majority Whip –Richard Durbin (D-IL) Senate Minority Leader –Mitch McConnell (R-KY) Senate Minority Whip –John Cornyn (R-TX)
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Current Leadership in the House House Majority Leader – Eric Cantor (R-VA) House Majority Whip – Kevin McCarthy (R- CA) House Minority Leader – Nancy Pelosi (D-CA) House Minority Whip – Steny Hoyer (D-SC)
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Congressional Committees – p 181 Standing Committees – permanent committees specializing in certain areas then divided into subcommittees Select Committees – Temporary Committees formed to complete a task Joint Committees – Members of both houses meet together Conference Committees – both houses meet together to discuss different versions of a bill House Committees House Committees House Committees Senate Committees Senate Committees Senate Committees
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Committee Membership Majority party has a majority in all committees Party leadership determines membership on committees Ex. McHenry serves on the Budget, Financial Services, and Oversight and Government Reform Committees
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Congressional Powers Legislative – pg 149 –Expressed – listed in Article I –Implied – Elastic clause – Necessary and Proper Non-legislative –Powers that make the government run efficiently –Checks & Balances powers –Do not involve making laws
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Limits on Power Suspension of Writs of Habeas Corpus – have to explain why being held by police Can’t pass Bills of Attainder – laws that punish without a trial Can’t pass Ex Post Facto Laws – laws that make an act a crime after it has been committed Can’t favor one state over another
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