Ch. 6 The Legislative Branch. How Congress is Organized The Framers of the Constitution intended for...

Ch. 6Ch. 6

The Legislative BranchThe Legislative Branch

How Congress is OrganizedHow Congress is Organized

The Framers of the Constitution intended The Framers of the Constitution intended for the legislative branch to be the most for the legislative branch to be the most powerful branch of government.powerful branch of government.

James Madison described it as the “First James Madison described it as the “First Branch of this Government.”Branch of this Government.”

535 total members of Congress535 total members of Congress- 100 U.S. Senators- 100 U.S. Senators- 435 U.S. House of Representatives- 435 U.S. House of Representatives


Each term of Congress starts January 3 of Each term of Congress starts January 3 of odd-numbered years and lasts two years. odd-numbered years and lasts two years. Each term has two sessions.Each term has two sessions.

Each Congress is given a # to identify Each Congress is given a # to identify itself: 2007 was the 110itself: 2007 was the 110thth Congress of the Congress of the U.S.; 2009 will be the 111U.S.; 2009 will be the 111thth..

Typically a session of Congress runs from Typically a session of Congress runs from January-November/December but…January-November/December but…


Congress can hold special sessions in Congress can hold special sessions in times of crisis. times of crisis.

Joint sessions can be called when Joint sessions can be called when both houses of Congress meet both houses of Congress meet together, such as for the president’s together, such as for the president’s State of the Union addressState of the Union address


Remember what the Great Remember what the Great Compromise established…Compromise established…

Bicameral legislature, or two part law Bicameral legislature, or two part law making body (Senate and House)making body (Senate and House)

House of Representatives has 435 House of Representatives has 435 voting members, allotted to the voting members, allotted to the states by population.states by population.

How Congress is OrganizedHow Congress is Organized After each census, or population count taken every After each census, or population count taken every

10 years, Congress adjusts the number of 10 years, Congress adjusts the number of representatives given to each state.representatives given to each state.

States are divided into districts, with one States are divided into districts, with one representative elected from each district.representative elected from each district.

The states draw districts to include roughly the The states draw districts to include roughly the same number of constituents, or people same number of constituents, or people represented. represented.

Each state is entitled to one seat no matter how Each state is entitled to one seat no matter how small the populationsmall the population


Some members of both political Some members of both political parties abuse the process by drawing parties abuse the process by drawing a a gerrymander, gerrymander, or oddly shaped or oddly shaped district designed to increase the district designed to increase the voting strength of a particular group.voting strength of a particular group.

House of Representatives/SenateHouse of Representatives/Senate

House members mainly focus on the concerns of House members mainly focus on the concerns of their district so they can be closer to the people their district so they can be closer to the people than the Senate; up for re-election every two than the Senate; up for re-election every two years.years.

The Senate has 100 members – two from each The Senate has 100 members – two from each state. (equal representation)state. (equal representation)

Senators represent their entire states.Senators represent their entire states. Serve 6 year terms; elections are staggered to Serve 6 year terms; elections are staggered to

ensure stability; no more than 1/3 of the senators ensure stability; no more than 1/3 of the senators are up for re-election at any one time.are up for re-election at any one time.

Ensures stability and continuity.Ensures stability and continuity.

Congressional LeadershipCongressional Leadership

In both houses, the political party to In both houses, the political party to which more than half the members which more than half the members belong is the majority party.belong is the majority party.

The other party is the minority party. The other party is the minority party.

Party members choose their leaders Party members choose their leaders at the beginning of each term to at the beginning of each term to direct their activities.direct their activities.

Congressional LeadershipCongressional Leadership The The Speaker of the HouseSpeaker of the House is the most powerful is the most powerful

leader in the House of Representatives, Congress; leader in the House of Representatives, Congress; Senate has no leader with comparative power.Senate has no leader with comparative power.

The Speaker will always belong to the majority The Speaker will always belong to the majority party; in charge of steering legislation; in charge of party; in charge of steering legislation; in charge of floor debates and influences most House business.floor debates and influences most House business.

The Speaker is an experienced member of the The Speaker is an experienced member of the majority party; must be legally qualified majority party; must be legally qualified

If something happens to the President of the U.S. If something happens to the President of the U.S. and Vice President, the Speaker would become and Vice President, the Speaker would become President. President.


The leader of the Senate is technically the The leader of the Senate is technically the Vice President, who rarely attends and Vice President, who rarely attends and votes only in the case of a tie.votes only in the case of a tie.

The person who actually acts as The person who actually acts as chairperson is the chairperson is the president pro president pro tempore.tempore.

The majority party fills this mostly The majority party fills this mostly ceremonial position.ceremonial position.


Besides the Speaker of the House, Besides the Speaker of the House, both parties have powerful floor both parties have powerful floor leaders who try to make sure the leaders who try to make sure the laws passes are in the best interest laws passes are in the best interest of their own party.of their own party.

Speak on behalf of their parties on Speak on behalf of their parties on the issues and try to sway votes of the issues and try to sway votes of other Congressional membersother Congressional members


Party “Whips” also play an important Party “Whips” also play an important role. role.

Help by keeping track of where their Help by keeping track of where their party members stand on proposed party members stand on proposed legislation and are responsible for legislation and are responsible for “rounding” them up for key votes.“rounding” them up for key votes.

CommitteesCommittees

The detailed work of lawmaking is The detailed work of lawmaking is done in committees.done in committees.

Work has to be divided among Work has to be divided among smaller groups or few laws would be smaller groups or few laws would be considered or voted on.considered or voted on.

Committees can be permanent or Committees can be permanent or temporary depending on the situationtemporary depending on the situation


Each house has permanent Each house has permanent standing standing committees committees that continue to work from that continue to work from session to session. session to session.

Most are divided into smaller Most are divided into smaller subcommittees that deal with specialized subcommittees that deal with specialized issuesissues

Senate has 17 standing committees; Senate has 17 standing committees; House has 19.House has 19.


Both houses have Both houses have select committees select committees that are created to do a special job for that are created to do a special job for a limited time period. a limited time period.

After completing their task, they will After completing their task, they will disband.disband.

Ex. Investigation into the Ex. Investigation into the assassinations of JFK and Martin Luther assassinations of JFK and Martin Luther King Jr. (1976)King Jr. (1976)


Joint Committees Joint Committees are permanent are permanent committees that include members of committees that include members of both houses of Congress. both houses of Congress.

Deal with issues of the highest Deal with issues of the highest prioritypriority

Ex. Joint economic committeeEx. Joint economic committee

CommitteesCommittees Temporary Temporary Conference Committees Conference Committees are are

created in case help is needed between the created in case help is needed between the House and the Senate when it comes to agreeing House and the Senate when it comes to agreeing on the details of a proposed law.on the details of a proposed law.

Members of Congress try to get assigned to Members of Congress try to get assigned to important committees that affect the people who important committees that affect the people who elect them.elect them.

Party leaders make committee assignments Party leaders make committee assignments based on members preferences, expertise, party based on members preferences, expertise, party loyalty, and loyalty, and seniority, seniority, or years of service.or years of service.


Members with the most seniority usually Members with the most seniority usually get the preferred committee spots. get the preferred committee spots.

The longest serving committee member The longest serving committee member from the majority party usually becomes from the majority party usually becomes chairperson of the committee.chairperson of the committee.

Chairpersons of standing committees are Chairpersons of standing committees are the most powerful members of congress.the most powerful members of congress.

The Powers of Congress: Ch. 6.2The Powers of Congress: Ch. 6.2

Article I, section 8 of the U.S. Constitution lists Article I, section 8 of the U.S. Constitution lists Congress’s specific or Congress’s specific or expressed powers.expressed powers.

Clause 18 gives Congress Clause 18 gives Congress implied powers implied powers (not (not stated explicitly) to do whatever is “necessary stated explicitly) to do whatever is “necessary and proper” to carry out the expressed powers.and proper” to carry out the expressed powers.

Clause 18 is often called the Clause 18 is often called the elastic clause elastic clause because it allows Congress to stretch its powers because it allows Congress to stretch its powers to meet new needs.to meet new needs.

Ex. Ex. McCulloch v. MarylandMcCulloch v. Maryland

Legislative PowersLegislative Powers

Taxing and SpendingTaxing and Spending Congress has the power to collect taxes to Congress has the power to collect taxes to

pay for government and its services.pay for government and its services.

The Framers thought that the House should The Framers thought that the House should impose taxes because it was impose taxes because it was closestclosest to the to the people.people.

All All tax bills must start in the House of tax bills must start in the House of Representatives and be approved by the Representatives and be approved by the Senate.Senate.

Legislative PowersLegislative Powers Congress spends money by means of a Congress spends money by means of a

two-step process.two-step process.

Authorization Bills Authorization Bills create projects and create projects and set an amount to be spent on them.set an amount to be spent on them.

Appropriations Bills Appropriations Bills actually provide the actually provide the money for each programmoney for each program

Congress Congress must must approve all government approve all government spendingspending


Regulating CommerceRegulating Commerce Article I, Section 8, Clause 3, the Article I, Section 8, Clause 3, the

“commerce clause,” gives Congress “commerce clause,” gives Congress the power to regulate foreign and the power to regulate foreign and interstate commerce.interstate commerce.

Laws dealing with air traffic, Laws dealing with air traffic, television, and air pollution are all television, and air pollution are all based on this clause.based on this clause.


Foreign Relations and TreatiesForeign Relations and Treaties Only Congress can declare war.Only Congress can declare war.

Congress has the power to create, Congress has the power to create, maintain, and oversee an army and maintain, and oversee an army and navy.navy.

The Senate must approve all treaties The Senate must approve all treaties with foreign countries. with foreign countries. President can President can make, Senate must approvemake, Senate must approve

Non-Legislative PowersNon-Legislative Powers

Propose Constitutional Amendments, Count Propose Constitutional Amendments, Count Electoral Votes, SuccessionElectoral Votes, Succession

Congress has powers Congress has powers not relatednot related to making laws. to making laws.

2/3 vote of House and Senate will propose a 2/3 vote of House and Senate will propose a Constitutional AmendmentConstitutional Amendment

It counts electoral votes in presidential elections It counts electoral votes in presidential elections

If no one receives a majority (270), the House If no one receives a majority (270), the House picks the president and the Senate picks the Vice picks the president and the Senate picks the Vice President.President.


If a president dies, resigns, or is too If a president dies, resigns, or is too ill to serve, Congress will have the ill to serve, Congress will have the final say on the matter.final say on the matter.

Congress has the power to check the Congress has the power to check the other branches of governmentother branches of government


The Senate can approve or reject the The Senate can approve or reject the president’s nominations for jobs such as president’s nominations for jobs such as

- Supreme Court Justices- Supreme Court Justices

- federal judges- federal judges

- ambassadors- ambassadors

The House may The House may impeachimpeach, or accuse , or accuse officials of misconduct. If a majority of officials of misconduct. If a majority of House members vote to impeach, the House members vote to impeach, the matter goes to the Senatematter goes to the Senate

Non-Legislative PowersNon-Legislative Powers A 2/3 vote in the Senate is required for A 2/3 vote in the Senate is required for expulsionexpulsion, or , or

removing the person from office.removing the person from office.

Congress has taken on the role of overseeing government Congress has taken on the role of overseeing government activities. activities.

Standing committees review how well the executive branch Standing committees review how well the executive branch has put laws into practice.has put laws into practice.

Congress conducts special investigations that may lead to Congress conducts special investigations that may lead to criminal charges or new laws to deal with the problem.criminal charges or new laws to deal with the problem.

Ex. 1973-1974 Watergate Scandal investigation or 1986 Ex. 1973-1974 Watergate Scandal investigation or 1986 Iran Contra AffairIran Contra Affair

Limits on PowerLimits on Power

The Constitution imposes limits on The Constitution imposes limits on Congress. Congress.

It may not pass laws that violate the It may not pass laws that violate the Bill of RightsBill of Rights

Article I says that Congress may not Article I says that Congress may not favor one state over another, tax favor one state over another, tax interstate commerce, or tax exportsinterstate commerce, or tax exports

Limits on PowerLimits on Power

Congress cannot suspend the Congress cannot suspend the writ of writ of habeas corpus. habeas corpus. This is a courtThis is a court order that requires police to explain order that requires police to explain why they are holding a suspect.why they are holding a suspect.

Congress may not pass Congress may not pass bills of bills of attainder,attainder, or laws that punish a or laws that punish a person without a jury trial.person without a jury trial.

Limits on PowerLimits on Power Congress may not pass Congress may not pass ex post facto laws ex post facto laws that that

make an act a crime after the act has been make an act a crime after the act has been committed. committed.

Congress may not interfere with powers reserved Congress may not interfere with powers reserved for the states.for the states.

Other branches can check the power of Congress:Other branches can check the power of Congress:

President – Veto lawsPresident – Veto laws Supreme Court – declare laws unconstitutionalSupreme Court – declare laws unconstitutional

Representing the People: Ch. 6.3Representing the People: Ch. 6.3

Both Senators and members of the House must live in the Both Senators and members of the House must live in the state they represent.state they represent.

House members usually live in their districts, but are not House members usually live in their districts, but are not required to do so.required to do so.

Senators: Senators: - must be at least 30- must be at least 30- U.S. citizen for at least 9 years- U.S. citizen for at least 9 years

House:House:- must be at least 25- must be at least 25- U.S. citizen for at least 7 years- U.S. citizen for at least 7 years

Requirements and BenefitsRequirements and Benefits

Most members of Congress have Most members of Congress have college degrees; more than half have college degrees; more than half have a background in law.a background in law.

Most are very active when it comes Most are very active when it comes to community organizations and to community organizations and have probably held state and local have probably held state and local offices beforehand.offices beforehand.

Requirements and BenefitsRequirements and Benefits Congressional members receive a salary Congressional members receive a salary

between $150,000-$170,000/yearbetween $150,000-$170,000/year

Other perks of the job:Other perks of the job:- free office space- free office space- paid trips to and from their home state- paid trips to and from their home state- low cost life insurance- low cost life insurance- use of special gymnasium, restaurants, and - use of special gymnasium, restaurants, and medical clinicsmedical clinics- - franking privilege, franking privilege, free job related mail.free job related mail.

Requirements and BenefitsRequirements and Benefits

The U.S. Constitution also grants The U.S. Constitution also grants senators and representatives senators and representatives immunityimmunity, or legal protection – in , or legal protection – in some situations.some situations.

They may not willfully break the law.They may not willfully break the law.

Congressional Staff and SupportCongressional Staff and Support

A Congressman’s personal staff run the offices. A Congressman’s personal staff run the offices. (Clerks, Secretaries, and special assistants)(Clerks, Secretaries, and special assistants)

Responsible for gathering information on issues, Responsible for gathering information on issues, arrange meetings, and writing speeches.arrange meetings, and writing speeches.

Handle requests from voters, deal with reporters, Handle requests from voters, deal with reporters, and handle and handle lobbyists –lobbyists – people hired by private people hired by private groups to influence government decision makers.groups to influence government decision makers.

Works for the Congressman’s reelection Works for the Congressman’s reelection


Members of Congress hire students Members of Congress hire students from their home states or districts to from their home states or districts to serve as interns and pages.serve as interns and pages.

Interns help with research and office Interns help with research and office duties; pages deliver messages duties; pages deliver messages during session and run other errands.during session and run other errands.


Senate and House committee staffs Senate and House committee staffs generally have expert knowledge generally have expert knowledge about special topics, such as about special topics, such as taxation, agriculture, and national taxation, agriculture, and national defense.defense.

They are also responsible for drafting They are also responsible for drafting bills, gathering information, bills, gathering information, organizing committee hearings, and organizing committee hearings, and negotiating with lobbyists.negotiating with lobbyists.

Congressional Support ServicesCongressional Support Services

The Library of Congress provides The Library of Congress provides information for members of Congress information for members of Congress and their staffs and their staffs

The Library’s Congressional Research The Library’s Congressional Research Service (CRS), looks up facts about a Service (CRS), looks up facts about a bill and spells out arguments for and bill and spells out arguments for and against pending bills.against pending bills.

Congressional Support ServicesCongressional Support Services

The General Accounting Office (GAO), The General Accounting Office (GAO), reviews all spending activities of federal reviews all spending activities of federal agencies, studies programs, and agencies, studies programs, and recommends ways to spend taxpayers’ recommends ways to spend taxpayers’ dollars wisely; the investigative arm of dollars wisely; the investigative arm of Congress in financial issuesCongress in financial issues

The Congressional Budget Office (CBO), The Congressional Budget Office (CBO), provides information and analyzes that provides information and analyzes that information to help Congress create a information to help Congress create a budget; it estimates costs and economic budget; it estimates costs and economic effects of programseffects of programs

Members of Congress at WorkMembers of Congress at Work

Remember, Congressional sessions Remember, Congressional sessions begin each January 3. In begin each January 3. In representing the people who elected representing the people who elected them, members of Congress carry them, members of Congress carry out 3 major jobs:out 3 major jobs:

1.1. Make LawsMake Laws- introduce bills, work on - introduce bills, work on committees, listen to input for and committees, listen to input for and against bills, and then vote.against bills, and then vote.


2.2. Case WorkCase Work

- Congressmen troubleshoot for people - Congressmen troubleshoot for people from their home district or state who from their home district or state who request help in dealing with the federal request help in dealing with the federal government government

- members get thousands of letters and - members get thousands of letters and e-mails everyday. Most requests are e-mails everyday. Most requests are handled by staff, sometimes though handled by staff, sometimes though Congressional members must step in.Congressional members must step in.


3.3. Helping the District or StateHelping the District or State- Congress members protect the - Congress members protect the interests of their state or district interests of their state or district

- a senator from a state with strong - a senator from a state with strong timber industries might seek to influence timber industries might seek to influence logging policies.logging policies.

- members also work to gain a share of - members also work to gain a share of national government spending for their national government spending for their constituents.constituents.


A government contract can bring a A government contract can bring a lot of money to local businesses and lot of money to local businesses and jobs for local people.jobs for local people.

Government projects and grants that Government projects and grants that primarily benefit the home district or primarily benefit the home district or state are called state are called pork-barrel pork-barrel projectsprojects

How a Bill Becomes a Law: Ch. How a Bill Becomes a Law: Ch. 6.46.4

Of the more than 10,000 bills introduced Of the more than 10,000 bills introduced each congressional term, only several each congressional term, only several hundred become law.hundred become law.

Bills fall into 2 categories:Bills fall into 2 categories:- - private billsprivate bills – concern individual people – concern individual people or placesor places- - public billspublic bills – apply to the entire nation – apply to the entire nation and involve general matters like taxation, and involve general matters like taxation, civil rights, or terrorism; affect the entire civil rights, or terrorism; affect the entire country as a whole.country as a whole.

Types of BillsTypes of Bills Congress also considers different kinds of Congress also considers different kinds of

resolutions, or formal statements expressing resolutions, or formal statements expressing lawmakers’ opinions or decisionslawmakers’ opinions or decisions

Many resolutions do not have the force of lawMany resolutions do not have the force of law

Joint resolutions Joint resolutions are passed by both houses of are passed by both houses of Congress and do become law if signed by the Congress and do become law if signed by the presidentpresident

Ex.Ex. Creating a new congressional committee, Creating a new congressional committee, permitting a ceremony in the Capitol, proposals for permitting a ceremony in the Capitol, proposals for Constitutional amendmentsConstitutional amendments

From Bill to LawFrom Bill to Law

Ideas for bills come from members of Ideas for bills come from members of Congress, regular citizens, and the Congress, regular citizens, and the White House. Basically anyone.White House. Basically anyone.

Other bills are suggested by Other bills are suggested by special-special-interest groupsinterest groups, or organizations of , or organizations of people with some common interest people with some common interest who try to influence government who try to influence government decisionsdecisions


Only senators and representatives may Only senators and representatives may introduce bills in Congress.introduce bills in Congress.

Every bill that is drafted is given a title and Every bill that is drafted is given a title and number, and is then sent to an appropriate number, and is then sent to an appropriate standing committee where a qualified standing committee where a qualified person or people handle and study it.person or people handle and study it.

Ex. Senate bill S. 427 House bill H.R. Ex. Senate bill S. 427 House bill H.R. 345345


The standing committee chairperson then The standing committee chairperson then decides which bills get ignored and which decides which bills get ignored and which get studied.get studied.

Those bills that merit attention are often Those bills that merit attention are often researched by a subcommittee.researched by a subcommittee.

Experts and citizens may voice opinions Experts and citizens may voice opinions about a bill in public hearings or written about a bill in public hearings or written statementsstatements

From Bill to LawFrom Bill to Law Standing committees can do a few things with a bill:Standing committees can do a few things with a bill:

1. pass the bill without change1. pass the bill without change2. mark changes and suggest that the bill 2. mark changes and suggest that the bill

be passed.be passed.3. replace the bill with an alternative3. replace the bill with an alternative4. 4. pigeonhole pigeonhole the bill (ignore it and let it the bill (ignore it and let it

diedie5. kill the bill by majority vote.5. kill the bill by majority vote.

When a committee is against a bill, it almost never When a committee is against a bill, it almost never becomes a law; bills seldom make it past this point.becomes a law; bills seldom make it past this point.


Bills approved in committee are put on the Bills approved in committee are put on the schedules to be considered by the full schedules to be considered by the full House or Senate.House or Senate.

When it comes to bills being introduced, When it comes to bills being introduced, the Senate usually takes them in order.the Senate usually takes them in order.

In the House, the Rules Committee can In the House, the Rules Committee can give priority to some bills and not let give priority to some bills and not let others get to the floor.others get to the floor.


When a bill reaches the floor, When a bill reaches the floor, members debate the pros and cons. members debate the pros and cons.

The House accepts only relevant The House accepts only relevant amendmentsamendments

The Senate allows The Senate allows ridersriders – – completely unrelated amendments – completely unrelated amendments – to be tacked onto a bill. to be tacked onto a bill.

From Bill to LawFrom Bill to Law The House Rules Committee puts time limits on the The House Rules Committee puts time limits on the

discussion. discussion.

The Senate allows members to speak as long as The Senate allows members to speak as long as they like and need not even address the topic at they like and need not even address the topic at hand.hand.

Sometimes they Sometimes they filibuster,filibuster, or talk a bill to death. or talk a bill to death.

A three-fifths vote for A three-fifths vote for cloture cloture can end a filibuster.can end a filibuster. No one is then allowed to talk for more than 1 hourNo one is then allowed to talk for more than 1 hour


When it comes to the actual voting When it comes to the actual voting on a bill, a on a bill, a simple majoritysimple majority is all is all that is neededthat is needed

Different ways of voting may include:Different ways of voting may include:

- voice voting- voice voting

- standing vote- standing vote

- roll-call vote- roll-call vote

From Bill to LawFrom Bill to Law If a bill passes in one house of Congress, the bill If a bill passes in one house of Congress, the bill

then goes to the other.then goes to the other.

If either house rejects the bill, it diesIf either house rejects the bill, it dies

Both houses must pass an identical bill; if it Both houses must pass an identical bill; if it passes through the Senate, it must pass through passes through the Senate, it must pass through the House of Rep.the House of Rep.

If either side changes the bill it receives from the If either side changes the bill it receives from the other house, a conference committee is formed to other house, a conference committee is formed to work out the differences.work out the differences.


In the Conference Committee, In the Conference Committee, members of the House and Senate members of the House and Senate must then either accept the revisions must then either accept the revisions to the bill as is or completely reject to the bill as is or completely reject it.it.

After a bill passes both houses, it will After a bill passes both houses, it will then go to the president.then go to the president.

From Bill to LawFrom Bill to Law The president has three options if the bill The president has three options if the bill

makes it to him:makes it to him:- sign it into law- sign it into law- - veto veto (refuse to sign it)(refuse to sign it)- do nothing for 10 days.- do nothing for 10 days.

If Congress is in session, the bill becomes If Congress is in session, the bill becomes law without the president’ signaturelaw without the president’ signature

If Congress had adjourned, the bill diesIf Congress had adjourned, the bill dies


Killing a bill this way is called a Killing a bill this way is called a pocket vetopocket veto..

Congress can always override a veto Congress can always override a veto with a 2/3 vote of the Senate and the with a 2/3 vote of the Senate and the House of Rep.House of Rep.

Ch. 6 The Legislative Branch. How Congress is Organized The Framers of the Constitution intended for...

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