The Legislative Branch
Legislative Branch -- aks Congress.
The Lawmaking Branch of Government.
* Congress is made up of Two Houses (Bicameral)
* A Legislative Branch made up on only One House is called Unicameral
* The Upper, Smaller House -- Senate
* The Lower, Larger House -- House of Representatives
The Senate
Members of the Senate are called Senators
There are Two Senators from each State (100 Senators)
Qualifications for Senate
1. At least 30 years of Age
2. Citizen of US at least 9 Years
3. Must live or have Residence in the State in which they were Elected
Representation
Senators represent People of the Entire State
The People are called Constituents
Elections and Terms of Senators
* Senators Originally chosen by the State Legislatures
* In 1913, the 17th Amendment to the Constitution changed Election of Senators to
Popular Vote.
Terms of Office:
1. Six Year Term
2. Elected in Even Numbered Years
3. Only 1/3 of the Nations Senators are up for Election at one Time (Every 2 Years)
4. Because only 1/3 of the Senate is Elected every 2 Years,
2/3 of all the members are Always Experienced.
The Senate is a Continuos Body
5. No Limit to the Number of Terms a Senator can Serve
The House Of Representives
Qualifications:
1. At Least 25 Years Old
2. Citizen of US at least 7 Years
3. Must Live or Have Residence in the State in which They were Elected
Representation
1. Based on Population
2. The more People in a State, the more Representatives
3. Representatives Elected from Districts within the State known as a Congressional District
4. Represents people from their area ONLY
5. In 1791 -- Ratio was 1/30,000
In 1990 -- Ratio was 1/575,000
6. House Membership is set at 435 Members
7. Every 10 Years the House is Apportioned
* Each state is Responsible to Draw up their Own Congressional Districts
* Sometimes, Districts were Drawn Unfairly
* Deliberate Drawing of District Lines to Favor a Party or a Race is known as Gerrymandering
* Gerrymandering often put Many People in One Districtand Fewer People in another.
This created Unfair Representation
Wesberry v. Sanders (1964) The Court stated that Districts should Try to have a Make-up that is equal (1 Man -- 1 Vote)
Terms of Office
1. 1 -- Two Year Term
2. Elected in Even Numbered years
3. There is NO Limit to the Number of Terms
Salary and Benefits for Congressmen
1789 1,500
1986 75,100
1987 89,500
1990 100,000
1994 133,600
Extra Money and Extra Benefits:
* Office in Home State
* Staff Both Offices
* Traveling Between Offices
* Tax Deduction for One Home
* Insurance
* Retirement after 5 Years
* Sending Letters to Constituents Free (Franking)
* Congressional Immunity
If Congressmen Act Unethical they can be CENSURED
If the Crime is Severe, they can be EXPELED
Powers of Congress
Legislative Powers:
1. Expressed Powers:
* Article 1, Section 8 of the Constitution state the Exact Powers of Congress
*The Powers Stated in the Constitution are called Expressed Powers
*The most Important Powers deal with Raising Money and Deciding how the Money is Spent.
All Bills that concern Money are called Appropriation Bills and must start in the House.
2. Implied Powers
Article 1, Section 8, Clause 18 states....
Congress shall make all laws which shall be
Necessary and Proper for carrying into Execution....
This Gives Congress a lot of Power
For Example:
* Building roads for the Post Office
* Buying Trucks and Airplanes for Postal Service
* Hiring People to work -- etc
Non-Legislative Powers:
1. Impeaching Officials
2. Amending the Constitution
2/3 Vote by Members of Congress
3/4 Approved by State Legislatures
3. Giving Advice and Consent
4. Conduction Investigations
5. Choosing Executive Leaders
Powers Denied Congress
Congress Cannot
1. Pass Ex Post Facto Laws
2. Withhold a Writ of Habeas Corpus
Congress is Checked by:
1. Division of Power
example:
* Presidential Veto
* Judicial Unconstitutional
2. Checks and Balances
The Organization of Congress:
Terms and Sessions:
Term:
* Each Term of Congress is Two Years.
* They begin on Odd Years on January 3rd
Regular Session:
* Each Term is Divided into Two Sessions
* It last as Long as Congress wishes
* Before WWII, a Session was about 4 to 5 Months
* Since WWII, Sessions usually last All Year
Recess:
* Brief Time Off during a Session
Special Sessions:
* The President can call all of Congress together in Time of Emergencies
* Usually the President uses this as a Threat to get Congress to Pass a Bill before Christmas Recess
Joint Session:
* When both Houses meet together
* Joint Sessions occur once a Year to hear the President's State of the Union Address
Leadership of Congress:
Congress is Organized by Political Parties
Majority Party: Party with the Most Members
Minority Party: Party with Less than Half of the Members of a House
Party Caucus: When Members for each Party Meet in Closed Meetings.
Senate:
President of the Senate:
* Vice President of the US
* May Vote Only in case of a Tie President Pro Tempore:
* Serves as the Leader of the Senate when the President is Away.
* Usually -- Longest serving Member of Majority Party
House of Representatives:
Speaker of the House:
* One of the most Powerful men in Congress Selected by the Majority Party
* The Speaker has the Major Role in choosing Members to Serve on Committees and to
which Committee to Send a Bill
Floor Leaders:
* Majority Party and Minority Party Leaders
Influence Legislation and who Votes
* Floor Leaders are Helped by Party Whips who keep
Track of How Party Members Vote
The Committee System
Much of the Work of Congress is Done in Committee
Four Kinds of Committees:
1. Standing Committee -- Permanent
2. Ad Hoc -- Temporary
3. Subcommittee -- Small Groups within Standing and Ad Hoc Committees
4. Joint Committee -- Made up of Members from both Houses
How Committee Members are Chosen
1. Based on Political Parties
2. Assigned by Percentage of Political Party in Power
3. Assigned by Party Leaders
4. Seniority
Congressional Staffs:
* These are Men and Women who work
for the Congressmen
* There are Over 20,000 Staff Members
Other Definitions:
Pork Barrel -- "Bring Home the Bacon" -- A Government Project that Benefits a
Congressmen's Home District.
Logrolling -- Exchanging Political Favors for Support
Quorum -- Minimum Number allowed for a Vote
Filibuster -- A tactic used to delay a Vote on a Bill
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