Legislative Branch

Purpose & Powers Purpose of legislative branch: make laws, be representatives for the people, protect people against unjust executive

Article I sets up Congress, and gives them powers….Enumerated Powers (Listed specifically)

Make Laws

Pass budget of the United States

Declare war, raise funding for army

Investigate or oversee the executive branch –impeachment

Collect taxes

Coin money

Approve appointments, approve treaties

Implied PowersElastic Clause/ Necessary and Proper Clause

Congress can make any laws that are “necessary proper” to carry out enumerated power

What does the legislative branch look like…..

Virginia Plan New Jersey Plan

Connecticut Compromise

Differences Between the House and Senate

HOUSE SENATE

Minimum age 25 years 30 years

U.S. Citizenship At least 7 years At least 9 years

Length of term 2 years 6 years

Number per state Depends on population:

1 per 30,000 in 17891 per 690,000 today

2 per state

Constituency Tends to be local Both local and national

Connecticut Congressmen

Structure of Congress

LeadersSpeaker of the House: elected by House

Floor Leader: assistant to Speaker, 2nd in charge

Minority Leader: leader of minority party

Party Whips: member who keeps tabs on how party members vote on legislation

President Pro Tempore: elected leader of Senate, usually senior member of majority party

Congressional Committees: Do most of the work of Congress Over 200 committees!

TypesAppropriations: one in Senate and House, deal with how money is spent

Standing Committees- permanent committees established by chamber rules

Example: Armed Services Committee

Special/Select Committees- temporary committees established through a resolution for a specific reason/topic that is not already covered

Example: Special Committee on Aging

Joint Committees- permanent committees that have members from both houses, but only conduct studies or perform housekeeping tasks that allow Congress to operate

Example: Joint Committee on Printing

Conference Committees- temporary committees formed by members of both Houses to work out compromise between House and Senate versions of a bill

Subcommittees- smaller committees formed by parent committee, give group specific tasks to accomplish and report back on

Committees

Committee chairs have lots of POWERChairs given usually by seniority (how long served)

Reforms in 1970s required majority party to select committee chairs

Committee MembershipMembers generally get to chose what committee to join, if there is space

Once member is named to a committee, they can stay as long as they wish

Congressional Resources

Personal StaffEvery Congress member has a personal staff to suggest policies, draft bills, prepare for hearings, etc.

Committees can have their own paid staff as well

Congressional Agencies: help Congress with workLibrary of Congress: provides research facilities

Congressional Budget Office (CBO): helps with drafting budget

General Accounting Office (GAO): watching over funds and how they are used by Congress

Government Printing Office (GPO): prints thousands of publications for members and public

How Does Congress work?

HOW DOES A BILL BECOME A LAW?

Six Steps

1. Referral to Committee

2. Committee Hearings

3. Markup by committee

4. Floor consideration

5. Conference committee

6. Presidential Action

Step 1: Referral to Committee

Bill is written and introduced to the House or the Senate

Then bill is referred to proper committee

Committee decides whether to kill the bill or hold hearings on the bill

For bill to survive, it needs to be supported by multiple members of the committee

****Without committee approval, bill rarely makes it to the floor***

Step 2: Hearings on Bill

Committees hold hearing on billsOpen to the public, and usually aired on TV

Not all committee members attend

Almost like a trial, supporters and opponents of bill testify

Bill sponsors, federal officials, interest groups, ordinary citizens can testify

Chairs have power to decide who testifies and when

Step 3: Markup

Committee looks at the language of the bill, makes changes to the bill

Go through LINE BY LINE, make sure exact language of the bill is correct

Crucial decisions made about the bill

Then, if bill is approved by the full committee, they write a committee report and prepare for floor debate

If bill is not approved by committee, it dies

Step 4: Committee Report & Floor Debate & Vote

Committee reports to the House or Senate on the bill, recommends it to be passed

Congressmen debate bill on House or Senate floorTake turns arguing for and against the bill

Strict rules in the House determining conditions of debate and amendments

Senate: filibuster: effort by senators to delay the final vote on a bill Need 60 votes for a cloture (stops a filibuster)

Then House and/or Senate vote on their version of the bill Roll Call Vote: Each member is called on individually to vote yea or nay

Step 5: Conference Committee

Once a bill passes in one house, it has to pass in the other

House and Senate often pass different versions of the bill, now they have to COMPROMISE!

Add or cut new amendments

Only most important legislation goes to conference committee

Once differences resolved, conf. committee prepares a report

Bill is then sent back to House and Senate for revote

Step 6: President

President can….

Sign bill into law

Veto the bill

Not do anything for 10 days… then becomes a law

Pocket Veto: If pres gets bill within 10 days of Congress going on vacation, pres can hold bill without signing, then doesn’t become law

If veto, goes back to Congress, can override veto

Factors influence voting

Party Loyalty

Constituents

Special Interests/Lobbyists

Deference to other members of Congress

Party & President Loyalty ***PARTY: MOST IMPORTANT FACTOR***

80% of time Congressmen vote with their political party

Other times “Go rogue”

Other times the President calls and asks for support, hard to resist!

Prez can appeal for the good of the nation or party loyalty, promise to actively support legislation the member of Congress wants, or threaten to cut off campaign funds.

Lobbyists/Special Interests

Industry trade associations, unions, environmental groups, and political action committees employ lobbyists, paid professionals who try to influence legislation

Why do Congressmen listen to lobbyists?The group they represent gives Congressmen money and support during reelection campaign and often volunteers during campaign

Can’t get reelected without money!

Constituents

People that the Congressmen represents

He/she is supposed to be voting for their interestsIf they don’t…..they may soon be out of office!

Pork-Barrell Legislation: congressmen often add things to bills via amendments( called riders) that have NOTHING to do with the bill but help people back home

In a bill about pesticides, an amendment is passed funding a veterans hospital in Maine

Pork & Earmarks

Pork-Barrel Legislation: Bills designed to benefit a congressional district or state through the appropriation of federal funds. Highway construction, river and harbor improvements, and military base siting are typical examples of pork-barrel projects.

Earmarks: type of pbl , is a specific spending proposal included by a member in an appropriations bill that does not get full scrutiny

Added in at the last minute, no one notices!

You scratch my back…..

Each Congress member has expertise in a particular field.

Other representatives or senators are likely to accept their judgment that a bill merits their support.

BUT….they will expect the same deference for a piece of legislation in their area of specialization.

ALLIANCES: Legislators often vote for each other's bills when a bill does not affect their constituency.

SENATE SIMULATION

On Friday, we will hold a mock-Senate floor debate session, where Democratic leadership will try to pass a new version of the DREAM Act.

Each of you will be assigned a certain Senator, interest group, or ordinary citizen that will be a part of the process.

Wednesday, you will be in the library researching your person’s background and stand on immigration/DREAM act, to decide what way they would vote on the bill

First…volunteers!

Need a Special Committee on the Dream Act, need four to draft a mock Dream Act bill before tomorrow

DREAM ACT:

Problem: There are thousands of illegal immigrant children in the United States, brought by their parents

Illegal immigrant, you can go to high school but no social security card= no rights as a citizen of the US

No social security card = NO financial aid for college

No social security card = NO GOOD JOB!

Solution: Deport? Make them legal? Something in between?

Tough Questions: Should they be punished for their parents actions? Wouldn’t giving them legal status encourage more illegal immigration? Are we wasting potential if we deport them?

DREAM Act for kids?

Development, Relief and Education for Alien

Minors Broad goal: give young undocumented immigrants access

to both higher education and citizenship First introduced in 2001 by Dick Durbin & Orin Hatch,

reintroduced multiple times To date, 128 representatives and 39 senators[26]have co-

sponsored some version of the bill

Most recent bill: Would allow students who were brought to US illegally by parents as minors to have legal permanent resident status if they graduated from a US high school and were in “good standing”, living in US for at least 5 years before act was passed

Voted on in May, introduced by Minority Leader Harry Reid (D-NV) did not pass

FEDERAL DREAM ACT PROVISIONS

ALL VERSIONS HAVE INCLUDED REQUIREMENTS:

Have proof of having arrived in the United States before age 16.

Have proof of residence in the United States for at least five consecutive years since their date of arrival.

Be between the ages of 12 and 35 at the time of bill enactment.

Have graduated from an American high school, obtained a GED, or been admitted to an institution of higher education.

Be of "good moral character”.

Other Issues

Include border enforcement or other “tough on immigration” side provisions?

When give resident status, when bill is enacted or two years later?

In-state tuition rates for illegal students?

What can they be denied for?

Application deadline?

California Dream Act

In 2001, signed law allowing undocumented students to attend and pay in-state tuition in they have gone to CA high school for three years

CA DREAM ACT: allow children who were brought into the US under the age of 16 without proper visas/immigration documentation, who have attended school on a regular basis and otherwise meet in-state tuition and GPA requirements to apply for student financial aid benefits for college

A group tried to repeal the act via referendum, but did not get enough votes!

DREAM Act OpponentsOpponents say its a amnesty/pardon that encourages more illegal immigration and rewards illegal immigrants

Seen as a free pass

Will cause social and economic burdens such as taxpayers paying for immigrants’ education

Will hurt native born students--- more competition for college admissions and federal aid

Competition for jobs among young people– in an poor economy?

No way to prove if a student is qualified---how prove when you came here?

Might have many more applicants that we are projecting

DREAM Act Supporters• ECONOMIC BENEFIT:• More trained workers = Make US more competitive in the global

economy • Increase in tax base = reducing the deficit and increasing government

revenues.• Can only get federal student loans, wont cost taxpayer money because

they can’t get grants (have to pay back money!)

• EDUCATIONAL BENEFIT: More money for colleges • Argue that it will not affect the admission rates of native-born students

since 10 states already allow in-state tuition and many have done so in community colleges.

•MILITARY: former secretary of defense Robert Gates it will assist the military with potential new foreign born recruits that will strengthen the military’s readiness

•MORAL ARGUMENT: It’s the right thing to do, kids should not be punished because parents are illegal

•Rebuttal: • Not increase illegal immigration: must meet the requirements and go

through a long and rigorous process before becoming beneficiaries, only applies to kids

Public Opinion

Many states cracking down on illegal immigrantsArizona & Georgia immigration laws

HW: Research Marco Rubio’s DREAM Act proposal

What would his proposal say?