Legislative Branch Article I U.S. Constitution. Section 1 Legislative (law writing) power exists in...

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Legislative Branch Legislative Branch Article I Article I U.S. Constitution U.S. Constitution

Transcript of Legislative Branch Article I U.S. Constitution. Section 1 Legislative (law writing) power exists in...

Page 1: Legislative Branch Article I U.S. Constitution. Section 1  Legislative (law writing) power exists in Congress, made up of 2 houses House of Representatives.

Legislative BranchLegislative Branch

Article IArticle I

U.S. ConstitutionU.S. Constitution

Page 2: Legislative Branch Article I U.S. Constitution. Section 1  Legislative (law writing) power exists in Congress, made up of 2 houses House of Representatives.

Section 1Section 1

Legislative (law writing) power exists Legislative (law writing) power exists in Congress, made up of 2 housesin Congress, made up of 2 houses• House of Representatives (HoR)House of Representatives (HoR)• Senate (S)Senate (S)

Page 3: Legislative Branch Article I U.S. Constitution. Section 1  Legislative (law writing) power exists in Congress, made up of 2 houses House of Representatives.

Section 2 Section 2 House of RepresentativesHouse of Representatives

1. HoR members are elected every 2 1. HoR members are elected every 2 years. 2 year terms.years. 2 year terms.

2. Qualifications for being a member of 2. Qualifications for being a member of the HoR.the HoR.

• 2525• 7 years a U.S. citizen7 years a U.S. citizen• Live in the state you representLive in the state you represent

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Section 2 Section 2 House of RepresentativesHouse of Representatives

3. The number of representatives from each 3. The number of representatives from each state is determined by the population of state is determined by the population of each state, counted every 10 years. More each state, counted every 10 years. More people means more representatives. Even people means more representatives. Even small states get at least one small states get at least one representative. Today there are 435 representative. Today there are 435 members of the HOR. 9 from Missouri. members of the HOR. 9 from Missouri.

4. If someone dies or leaves office in the 4. If someone dies or leaves office in the HoR, the governor from the home state HoR, the governor from the home state calls an election to fill the seat.calls an election to fill the seat.

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Section 2 Section 2 House of RepresentativesHouse of Representatives

5. Members of the HoR choose their 5. Members of the HoR choose their Speaker (leader) and other officers. Speaker (leader) and other officers. (Speaker—Democrat (D)—Nancy (Speaker—Democrat (D)—Nancy Pelosi)Pelosi)

6. The HoR has the sole power of 6. The HoR has the sole power of impeachment—formal accusation of impeachment—formal accusation of wrongdoing by a government official. wrongdoing by a government official.

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Section 3 Section 3 SenateSenate

1. Each state gets 2 senators. They serve 6year 1. Each state gets 2 senators. They serve 6year terms. Each senator gets one vote. (MO’s 2 terms. Each senator gets one vote. (MO’s 2 senators—(D) Claire McCaskill and Kitt Bond(R)senators—(D) Claire McCaskill and Kitt Bond(R)

2. One third of the Senators are elected every two 2. One third of the Senators are elected every two years. 33 every two years.years. 33 every two years.

3. Qualifications for Office of Senator3. Qualifications for Office of Senator• 30 years old30 years old• 9 years a U.S. citizen9 years a U.S. citizen• live in the state you representlive in the state you represent

4. The Vice-President of the U.S. (Joe Biden-4. The Vice-President of the U.S. (Joe Biden-Democrat) is president of the Senate and only Democrat) is president of the Senate and only votes in a tie.votes in a tie.

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Section 3 Section 3 SenateSenate

5. S chooses its own officers. The president 5. S chooses its own officers. The president pro tempore runs the S when the vice pro tempore runs the S when the vice president is absent.president is absent.

6. S tries all impeachments. 6. S tries all impeachments. 7. Supreme Court presides over the trial. To 7. Supreme Court presides over the trial. To

convict upon impeachment requires a 2/3 convict upon impeachment requires a 2/3 vote.vote.

8. Those who are convicted of impeachment 8. Those who are convicted of impeachment shall be removed from office. They can shall be removed from office. They can then be tried in a criminal court for any then be tried in a criminal court for any law enforcement violations.law enforcement violations.

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Section 4Section 4ElectionsElections

1. States run the elections. 1. States run the elections.

2. Cong must meet at least once a 2. Cong must meet at least once a year.year.

Page 9: Legislative Branch Article I U.S. Constitution. Section 1  Legislative (law writing) power exists in Congress, made up of 2 houses House of Representatives.

Section 5Section 5ProceedingsProceedings

1. Each house sets its own rules. They must 1. Each house sets its own rules. They must have a quorum (one more than half) to have a quorum (one more than half) to meet.meet.

2. Each house can punish a member and 2. Each house can punish a member and expel a member with 2/3 vote.expel a member with 2/3 vote.

3. 3. Congressional RecordCongressional Record is a record of all is a record of all comments and votes made in either comments and votes made in either house. house.

4. Adjournment—neither house can adjourn 4. Adjournment—neither house can adjourn for more than 3 days without the for more than 3 days without the permission of the other.permission of the other.

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Section 6Section 6CompensationCompensation

1. Senators and Reps get paid. 1. Senators and Reps get paid.

2. 2. Legislative immunity—Legislative immunity—Senators and Reps Senators and Reps cannot be arrested during or coming or cannot be arrested during or coming or going to a congressional session except going to a congressional session except treason, felony, or breach of the peace. treason, felony, or breach of the peace. They also have unlimited free speech They also have unlimited free speech during a debate in the Congress.during a debate in the Congress.

3. Senators and Reps cannot have any other 3. Senators and Reps cannot have any other job for the government.job for the government.

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Section 7Section 7Revenue (money)Revenue (money)

1. All bills for raising money must begin in the HOR.1. All bills for raising money must begin in the HOR.2. Bills must pass both the HoR and the Senate. 2. Bills must pass both the HoR and the Senate.

This must be the exact same bill with the exact This must be the exact same bill with the exact same language. These bills are then sent to the same language. These bills are then sent to the President. If the Pres signs the bill, it becomes President. If the Pres signs the bill, it becomes law.law.

3. If the bill passes both houses of Cong, but the 3. If the bill passes both houses of Cong, but the Pres refuses to sign it, he sends his objections Pres refuses to sign it, he sends his objections to the bill in writing back to Cong within 10 daysto the bill in writing back to Cong within 10 days—veto. If he does nothing for 10 days, the bill —veto. If he does nothing for 10 days, the bill automatically becomes law.automatically becomes law.

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Section 7Section 7Revenue (money)Revenue (money)

4. Once the bill is returned to Congress, it is 4. Once the bill is returned to Congress, it is voted on again in each house. If the bill voted on again in each house. If the bill passes by 2/3 vote in both houses, it passes by 2/3 vote in both houses, it becomes law, overriding the President’s becomes law, overriding the President’s veto.veto.

5. 5. Pocket veto—Pocket veto—If there are less than 10 If there are less than 10 days left in a session of Congress and days left in a session of Congress and Congress passes a bill, the president can Congress passes a bill, the president can leave it unsigned and the bill is vetoed. It leave it unsigned and the bill is vetoed. It does not become law.does not become law.

Page 13: Legislative Branch Article I U.S. Constitution. Section 1  Legislative (law writing) power exists in Congress, made up of 2 houses House of Representatives.

Section 8Section 8Powers of CongressPowers of Congress

(Enumerated/Expressed Powers)(Enumerated/Expressed Powers)1.Lay and collect taxes, pay debts. All taxes 1.Lay and collect taxes, pay debts. All taxes

must be uniform throughout the U.S.must be uniform throughout the U.S.2. To borrow money.2. To borrow money.3. To regulate commerce between the states 3. To regulate commerce between the states

and between the U.S. and foreign and between the U.S. and foreign nations.nations.

4. To set rules for immigration and 4. To set rules for immigration and citizenship. To set rules for bankruptcy.citizenship. To set rules for bankruptcy.

5. To coin money. 5. To coin money. 6. To punish counterfeiters.6. To punish counterfeiters.7. To establish a post office.7. To establish a post office.

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Section 8Section 8Powers of CongressPowers of Congress

8. To establish patent and copyright 8. To establish patent and copyright protection. A patent is the exclusive right protection. A patent is the exclusive right to use an invention. A copyright is the to use an invention. A copyright is the right to copy a document.right to copy a document.

9. To establish a court system for the federal 9. To establish a court system for the federal government.government.

10. To punish crimes on the sea.10. To punish crimes on the sea.11. To declare war.11. To declare war.12. To raise and support an army, but they 12. To raise and support an army, but they

cannot budget money more than 2 years cannot budget money more than 2 years in advance.in advance.

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Section 8Section 8Powers of CongressPowers of Congress

13. To provide and maintain a navy.13. To provide and maintain a navy.14. To make rules for the military.14. To make rules for the military.15. To create a militia to suppress insurrections and 15. To create a militia to suppress insurrections and

repel invasions. National Guard.repel invasions. National Guard.16. State militia can be trained and equipped by the 16. State militia can be trained and equipped by the

national gov.national gov.17. To govern Washington, D.C. And to acquire any 17. To govern Washington, D.C. And to acquire any

lands from any state for any national purpose.lands from any state for any national purpose.18. 18. The Necessary and Proper ClauseThe Necessary and Proper Clause: To make any : To make any

laws necessary for the powers listed here. laws necessary for the powers listed here. (Elastic Clause) This gives Cong its implied (Elastic Clause) This gives Cong its implied powers.powers.

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Section 9Section 9Powers Denied to CongressPowers Denied to Congress

1. Cong can’t outlaw or restrict the slave trade until 1. Cong can’t outlaw or restrict the slave trade until 1808.1808.

2. 2. The Writ of Habeas Corpus— The Writ of Habeas Corpus— The accused person The accused person has the right to know what they’re accused of has the right to know what they’re accused of and to see the evidence against them.and to see the evidence against them.

3. 3. No bills of attainder— No bills of attainder— A law written to punish A law written to punish someone without that person getting a fair trial. someone without that person getting a fair trial. No ex post factoNo ex post facto—“after the fact” If you do —“after the fact” If you do something that is legal when you did it, you something that is legal when you did it, you cannot be prosecuted if the law later changes.cannot be prosecuted if the law later changes.

4. No head taxes allowed. 4. No head taxes allowed.

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Section 9Section 9Powers Denied to CongressPowers Denied to Congress

5. Cong cannot tax exports.5. Cong cannot tax exports.6. All ports must be treated equally 6. All ports must be treated equally 7. No money can be spent by the 7. No money can be spent by the

government unless Cong authorizes government unless Cong authorizes it.it.

8. No titles of nobility will be granted 8. No titles of nobility will be granted to anyone nor can anyone in office in to anyone nor can anyone in office in the U.S. accept gifts from a foreigner the U.S. accept gifts from a foreigner without the consent of Congress.without the consent of Congress.

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Section 10Section 10Powers Denied to the StatesPowers Denied to the States

1. States cannot enter into agreements or 1. States cannot enter into agreements or treaties with foreign countries. States treaties with foreign countries. States cannot coin money nor grant titles of cannot coin money nor grant titles of nobility.nobility.

2. States cannot tax imports and exports.2. States cannot tax imports and exports.

3. States cannot keep armies in times of 3. States cannot keep armies in times of peace and they cannot engage in war peace and they cannot engage in war unless they are in imminent danger or unless they are in imminent danger or actually invaded.actually invaded.