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SECTION ONE LEGISLATIVE BRANCH . Legislative Branch. Voters of the United States . Legislative Branch. LEGISLATIVE EXECUTIVE JUDICIAL . Voters of the United States . MAKES OR WRITES LAWS. ENFORCES LAWS (CARRIES OUT). INTERPRETS LAWS . APPOINTS THEM FOR LIFE.

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Section one legislative branch
SECTION ONELEGISLATIVE BRANCH


Legislative branch
Legislative Branch

Voters of the United States


Legislative branch1
Legislative Branch

LEGISLATIVE EXECUTIVE JUDICIAL

Voters of the United States

MAKES OR WRITES LAWS

ENFORCES LAWS

(CARRIES OUT)

INTERPRETS LAWS

APPOINTS THEM FOR LIFE


Legislative branch2
Legislative Branch

There are four basic principles that are found throughout the Constitution-

  • Federalism: sharing of power between national (Federal) government and the states

  • Checks and Balances: distribution of powers among the three branches to prevent one branch from becoming too powerful

  • Separation of Powers: system in which powers of the government are divided among separate powers

  • Consent of the Governed: the government gets its power from the people who are governed. People elect the lawmakers


Legislative branch3
Legislative Branch

Democratic Republic

  • Democratic- equal vote

  • Republic- chose representatives to govern


The preamble and other terms
THE PREAMBLE AND OTHER TERMS

  • Constitution- plan for government that lists the powers of the government and tells how the government is supposed to work

  • Preamble- introduction to a document. The preamble contains the goals of the constitution


The preamble and other terms1
THE PREAMBLE AND OTHER TERMS

“We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.”


The preamble and other terms2
THE PREAMBLE AND OTHER TERMS

  • More Perfect Union: to set up a strong central government

  • Establish Justice: to improve the court system

  • Insure Domestic Tranquility: to have peace in all states

  • Provide for the Common Defense: to protect the country from enemies

  • Promote the General Welfare: to have good living conditions

  • Secure the blessings of Liberty: to have freedom from themselves and future generations


Legislative branch article 1
Legislative BranchArticle 1

SECTION 1

  • The purpose of the legislative branch is to make laws

  • Official name- Congress

  • Senate and House of Representatives are the two parts of the Legislative Branch


Legislative branch article 1 house of representatives
Legislative BranchArticle 1- House of Representatives

SECTION 2

  • Representatives term is two years

  • Qualifications to be a member of the House of Representatives

    • Must be 25 years old

    • A U.S. citizen for 7 years

    • Live in the state he/she is chosen from


Legislative branch article 1 house of representatives1
Legislative Branch Article 1-House of Representatives

  • The number of representatives a state has is based on the number of people-population (Census-every 10 years)

  • Each state has at least one representative

    Each representative represents about 600,000 people

    5. There are 435 members in the House


Legislative branch article 1 house of representatives2
Legislative Branch Article 1- House of Representatives

  • The governor of the state calls an election to fill a House seat vacancy

  • Speaker of the House- chairperson of the House; chosen by all the representatives, John Boehner (R) is current speaker

  • Impeach- to accuse an official of wrong doing or misuse of power


Legislative branch article 1 the senate
Legislative BranchArticle 1- The Senate

SECTION3

  • Senators are elected for 6 years

  • Each state has 2 senators

    -each senator has 1 vote

    -there are 100 senators all together and 1/3 are up for election every 2 years for a gradual turnover


Legislative branch article 1 the senate1
Legislative BranchArticle 1- The Senate

  • The senators were picked by state legislators; today, senators are elected by the people of the state

  • Three qualifications to be a member of the Senate:

    1. 30 years old

    2. a U.S. citizen for 9 years

    3. Must live in state he/she represents

    Illinois Senators- Richard Durbin (D) and Mark Kirk (R)


Legislative branch article 1 the senate2
Legislative BranchArticle 1- The Senate

  • The Vice-President serves at President of the Senate- Joe Biden

    The President of the Senate only votes if there is a tie

  • Only the House of Representatives has the power to impeach

    impeach- to accuse someone of wrong doing

    The Senate sits as a jury and decides impeachment cases.


Legislative branch article 1 the senate3
Legislative BranchArticle 1- The Senate

  • The Chief Justice of the Supreme Court presides over the Senate when the President is on trial

    2/3 of the Senate must vote guilty to convict a person on trial for impeachment charges

    8. The punishment if convicted of impeachment charges is removal from office and not being able to hold another government office again


Legislative branch article 11
Legislative BranchArticle 1

SECTIONS 4 AND 5

  • Congress shall meet at least once a year beginning on January 3

  • Each house makes its own rules; a member can be thrown out by 2/3 vote

  • Congressional Record- a daily record of what is done at all meetings

  • The two houses must meet in the same city. In 1976 for the Centennial Celebration (100 years) both the Senate and House of Representatives met in Philadelphia

    *members cannot be arrested on the way to or from meetings, not while they are there. Except for serious crimes


Legislative branch article 12
Legislative BranchArticle 1

SECTION 6

States that Congress members are paid out of the U.S. treasury and they pass the law to set their own salary.

Members cannot hold another government office.


Legislative branch article 1 how laws are passed
Legislative BranchArticle 1- How Laws are Passed

SECTION 7

  • Money bills begin in the House of Representatives

  • When a bill gets to the President there are 4 options

    • Signit to pass it- becomes a law

    • Veto it- he doesn’t approve

    • Pocket veto- set aside for 10 days- becomes a law unless Congress is adjourned

    • Line item veto- cross out a part of the bill- was legal for part of Clinton’s presidency (can not do this anymore)


Legislative branch article 1 how laws are passed1
Legislative BranchArticle 1- How Laws are Passed

3. Definitions

a. Veto: President does not sign a bill into law. He does not give his approval.

b. Override of a veto: 2/3 of Congress (both houses) must pass the bill again after a President’s veto to become a law

  • A law can be passed without the President’s signature by an override

  • The president has 10 days to decide to sign or veto a bill

  • 2/3 vote is needed in both houses of Congress to override a President’s veto



Legislative branch article 1 powers of congress
Legislative BranchArticle 1- Powers of Congress

SECTION 8

  • Powers of Congress

    • Trade- power to regulate trade with other countries, among states and with Indian nations. Also- railroad, air, T.V. and internet

    • Federal Courts- power to set up lower courts and Supreme Courts

    • Taxation and Money- power to raise money by taxing goods (imports). Money is used:

      • Pay debt

      • Defend the Country

      • Provide goods and services

      • Congress (only) can make money, coins and set their value


Legislative branch article 1 powers of congress1
Legislative BranchArticle 1- Powers of Congress

SECTION 8

  • War and the Military- power to declare war, raise and army and navy. Supple them and set rules for them. They have the right to call out the National Guard (State Militia’s)

  • Any powers that do not fit the four areas above- can establish a national capital (District of Columbia) and to govern all national places

    2. “Elastic Clause”- Congress has the power to make all laws necessary to carry out the powers granted in the constitution. This allows the government to adapt to future changes- National Bank, Air Force, Internet, etc.


Legislative branch article 1 what congress cannot do
Legislative BranchArticle 1- What Congress Cannot Do

SECTION 9

  • Definitions

    • Habeas Corpus- “Bring forth the body” a person cannot be denied their right to be brought into court so that a judge can decide whether he is being help lawfully. Cannot lock someone up without telling him/her what their charged with.

    • Bill of Attainder- government cannot declare someone or group guilty of a crime without a trial. Ex-German government declared all Jews “enemies of the state.”

    • Ex Post Facto Law- government cannot pass a law that is retroactive (covers the past). Can’t make it illegal to have done something that was not illegal when it was done.


Legislative branch article 1 what congress cannot do1
Legislative BranchArticle 1- What Congress Cannot Do

  • Nine powers are Denied Congress

  • Prior to 1808 couldn’t forbid slave trade

  • Writs of Habeas Corpus can only be suspended when the nation is being invaded

  • Can’t pass Bill of Attainder or Ex Post Factor laws

  • Any direct tax must be based on population not wealth or size except for income tax

  • Congress can’t tax goods being sent from any state to a foreign country

  • Can’t make laws that favor one state’s harbors over one another

  • Government money can’t be spent unless Congress approves it

  • No one can be given an title of nobility

  • No office holder can accept a gift or title from a foreign country


Legislative branch article 1 powers denied to the states
Legislative BranchArticle 1- Powers Denied to the States

SECTION 10

  • No state may enter into a treaty, alliance, with another nation

  • Grant citizens permission to fight other countries. No state can grant letter of marque or reprisal (citizens right to seize property)

  • States cannot coin money

  • Use anything other than gold or silver for money

  • States cannot pass Bill of Attainder laws

  • States cannot pass Ex Post Factor laws

  • States cannot excuse people from their legal obligations

  • Cannot give titles of nobility