Legislative Branch Notes

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Congress Overview

Chapter 10 Topic 1:
Why a Bicameral Legislature?

 Historical Reasons – the Framers were very familiar


with the British system of bicameralism
 Practical Reasons – it was a way to settle the conflict
between the New Jersey Plan and the Virginia Plan
 Theoretical Reasons – the Framers favored a
bicameral Congress so that one house might act as a
check on the other
Terms and Sessions

 Each term of Congress lasts two years and is numbered


consecutively.
 Each new term begins on January 3rd in odd numbered years.
 We are currently in the 117th Congress.
 There are two sessions to each term of Congress – one session
each year.
 Congress adjourns after each session as they see fit and may
recesses during a session for breaks.
 The President may call a special session to address an
emergency situation.
Roles of a Congressperson

 Legislators – propose bills


 Committee members – screen bill proposals and
decide which will move on for further consideration
 Representatives of their constituents – vote on
issues in a way that supports the interests of the
voters who elected them
 Servants of their constituents – help people back
home with various problems with the federal
bureaucracy
Compensation

 Salary of $174,000 a year (as of 2010)


 Non-salary Compensation – tax deductions, travel allowances,
health and life insurance, medical care, retirement plan, offices
in DC and home state, mailing privileges, gym membership,
printing privileges, restaurants at the Capital, free parking at
Washington airports and the Capital, and more…
 Member Privileges –
 Congress people are free from arrest during Congressional
meetings and during travel to and from the Capital
 Congress people are protected from suits of libel and
slander arising out of their official conduct
Congressional Elections
 Congressional elections are held on the first Tuesday, after the
first Monday in November in even numbered years.
 Congressional elections that occur in the nonpresidential
election years are called off-year elections
 All 435 members of the House are up for re-election every two
years. The House uses the district method to elect its
members.
 Wesberry v. Sanders established the principle of “one person,
one vote”
 The Senate operates as a continuous body, meaning only 1/3 of
the Senators are up for re-election every two years. The Senate
uses the at-large method to elect its members.
The House and Senate

Chapter 10 Topic 2:
Size and Terms of the House
 There are 435 members of the House of Representatives.
 The number of seats in the House are distributed among the
States on the basis of their populations.
 Each State is guaranteed at least one seat.
 Congress redistributes the seats in the House after each 10-
year census.
 On average, each seat in the House represents 650,000
people.
 Representatives are elected from their home State using the
district method.
 Representatives serve two-year terms and there are no limits
on the number of terms any member of Congress may serve.
Arizona
Congressional Districts
Size and Terms of the Senate

 There are 100 members of the United States Senate.


 Each State, regardless of size, has two seats in the
Senate.
 Senators are elected from their home State at-large.
 Senators serve six year terms and there are no limits
on the number of terms any member of Congress
may serve.
Qualifications

HOUSE SENATE
 25 years of age  30 years of age
 A citizen of the United  A citizen of the United
States for at least States for at least nine
seven years years
 Resident of the State  A resident of the State
from which he or she from which he or she
is elected is elected
Presiding Officers

HOUSE SENATE

 The presiding officer of the  The president of the Senate is


House is the Speaker of the the Vice President of the
House United States.
 The Speaker’s main duties  The president of the Senate
revolve around presiding over has many of the same duties
and keeping order in the as the Speaker of the House,
House. but cannot cast votes on
 The Speaker also names the legislation.
members of all committees,  The president pro tempore is
assigns bills to committees, elected from the Senate and
signs all bills, serves as the serves in the Vice President’s
spokesperson for the House.
absence. (the back-up person)
How Congress Organizes

Chapter 12 Topic 1:
Congress Convenes

 Congress convenes every two years - on January 3rd in


odd-numbered years.
 The House has formal organizational meetings at the
beginning of each term to determine committee
membership and standing officers.
 The Senate, because it is a continuous body, has fewer
organizational issues to address at the start of each
term.
 When Congress is organized, the President presents a
State of the Union message to a joint session of
Congress.
Selecting Party Officers

The party caucus is a closed meeting of the


members of each party to determine its party
leadership.
Party caucuses are held prior to Congress
convening or during the month of January.
The party caucuses select:
 Floor Leaders: leaders of their respective party
 Party Whips: assistants to the Floor Leaders , help
keep track of votes within the party
 Deputy and Assistant Whips: assistants to the Whips,
help with gathering votes and rallying the party
Leadership Positions
Standing Committees

 Standing committees are permanent committees in


Congress to which bills are sent and then discussed,
evaluated, and debated.
 Most of the standing committees handle bills
dealing with particular policy matters, such as
veterans’ affairs, foreign relations, business and
commerce, or education.
 The majority party always holds a majority of the
seats on each committee.
 Large standing committees often times have sub-
committees in order to more efficiently evaluate
bills.
Other Committees

 The House Rules Committee decides whether and


under what conditions, or rules, the full House will
consider a measure, bill, or resolution.
 A conference committee is a temporary, joint
committee, created to iron out the differences
between bills passed by the House and Senate before
they are sent to the President.
 A select committee is a committee established to
handle a specific matter and usually exists for a
limited period of time.
 A joint committee is a committee composed of
members of both houses of Congress.
How A Bill Becomes A Law

Chapter 12 Topic 2:
Presidential Acts
 President may sign the bill and it becomes law
 President may veto the bill and it is returned to the
house in which it originated. (Congress may override
a President’s veto by a 2/3 voted in each house)
 President may do nothing for 10 days while Congress
is still in session and the bill becomes law without the
President’s signature.
 President may do nothing for 10 days and if Congress
adjourns, the bill dies and it is called a pocket veto.
Other Points of Interest
 There are two types of bills: public bills (those
pertaining to the nation as a whole) and private
bills (those pertaining to individuals.)
 Because of its size, the House has very specific
rules for debate.
 However, in the Senate, members may talk a
bill to death with a filibuster.
 Cloture is the only way to end a filibuster.
 Votes on bills are taken by voice, standing,
electronic or roll-call.
Congressional Powers

Chapter 11:

Congressional Powers Part 1


Congressional Power

 Congress only has those powers granted to it


by the Constitution.
 Many powers are denied to Congress because
of the Constitution’s silence on many issues.
 Congress does have many specific expressed,
implied, and inherent powers.
Expressed Powers of
Money & Commerce

 Power to Tax – Congress has the power to tax.


 The Borrowing Power – Congress has the power to “borrow
money on the Credit of the United States.” There are no limits
or restrictions on the borrowing.
 The Commerce Power – Congress has the power to regulate
business with foreign nations and among States. Gibbons v.
Ogden (1824) confirmed this power.
 The Currency Power – Congress has the power to coin, print,
and regulate the value of money.
 The Bankruptcy Power – The States and the National
Government have concurrent power to regulate bankruptcy.
Other Expressed Powers

 Foreign Relations Power – Congress has the inherent


power to act on matters affecting the security of the
nation.
 War Powers – Congress has the power to declare war
and raise and maintain an army and navy.
 Other Expressed Powers – Other expressed powers
include establish rules of naturalization, post offices,
copyright laws, a system of weights and measures,
and the power to acquire, manage, and dispose of
federal areas.
Implied Powers

 Remember, implied powers are those powers that


are suggested by expressed powers.
 The Necessary and Proper Clause gives Congress the
expressed power to “make all laws which shall be
necessary and proper” to run the government.
 The Necessary and Proper Clause is also referred to
as the “elastic clause.”
 The debate over the creation of the 2nd national bank
in the case McCulloch v Maryland confirmed the
concept of implied powers for Congress.
Examples of Implied Powers

 The expressed power to borrow money implies the


power to establish the Federal Reserve System.
 The expressed power to regulate naturalization
implies the power to regulate and limit immigration.
 The expressed power to raise armies and a navy
implies the power to draft Americans into the
military.
 The expressed power to establish post offices implies
the power to prohibit mail fraud and the barring of
shipping certain items through the mail.
Other Powers of Congress

 Congress may propose amendments by a 2/3 votes in each


house or call a national convention to propose amendments.
 If no Presidential candidate receives the needed 270 electoral
votes, the House selects the President and the Senate selects
the Vice-President.
 The House has the sole power to impeach a government
official and the Senate has the power to try impeachment
cases.
 The Senate confirms all major Presidential appointments.
 The Senate ratifies all treaties.
 Congress can investigate any matter that falls within the
scope of its legislative powers.

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