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Legislative Branch

Legislative Branch. The Law Making Branch. 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

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Legislative Branch

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  1. Legislative Branch The Law Making Branch

  2. 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 Legislative Power comes from Article I

  3. 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

  4. 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

  5. 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

  6. 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)

  7. Apportionment of Representatives after 2010 Census

  8. New District Lines in South Carolina

  9. North Carolina’s 12th District • Lighting Bolt District • Example of • Gerrymandering

  10. 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

  11. 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

  12. Franking Privilege

  13. 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

  14. 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 III - 2010 = Burr won against Elaine Marshall Kay Hagan - D Richard Burr - R

  15. Congressional Sessions • Regular Session – 2 regular sessions, one for each year beginning January 3 – month long vacation in August • The 113th 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

  16. 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 - Video Patrick McHenry NC 10th District Representative Since 2005

  17. 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

  18. House Chamber

  19. Senate Chamber

  20. 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)

  21. 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

  22. 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

  23. Senate Majority Whip Richard Durbin (D-IL) Senate Minority Leader Mitch McConnell (R-KY) Senate Minority Whip John Cornyn (R-TX) Current Leadership in the Senate

  24. 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)

  25. 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 • Senate Committees

  26. 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

  27. 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

  28. 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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