LEGISLATIVE BRANCH

TEST #3

CONGRESS

Bicameral – 2 housesTerm – 2 years due to the HR electionSession – conducts business

2 per year Usually one a year lasting 4 or 5 months

AdjournSpecial Session

Can be called by the President or either house

HOUSE OF REPRESENTATIVES

435 membersDetermined by state populationMinimum of 12 year termNo limit on # of termsReapportionment – redistributed every 10

yrs.Gerrymandering – division of voting districtsWestberry v. Sanders – “one person, one

vote”

Qualifications 25 yrs. Old US citizenship for 7 years Must live in the state they represent

SENATE

100 Members2 per stateRepresent the entire state6 year term – gives some securityTerms staggered so that 1/3 are elected every

2 years17th Amendment – voted on directly by the

people – before by state legislature

Qualifications 30 yrs. Old Citizen for 9 years Live in the state they serve

Franking privilege

To be able to mail letters postage-free by substituting their facsimile signature (frank) for postage.

Congressional Powers

Limited powers because of the Constitution

Powers are expressed, implied and inherent

Expressed Powers of Money and Commerce

27 listed – the meaning is based on how Congress exercises its powers

Some are subject to interpretation

Taxes Tariffs Cannot tax an export Direct tax – paid by the person it is imposed on Indirect tax – paid by one person but passed

along to another (cigarette tax)Borrowing

Deficit financing – spend more than you take in/borrow the difference

Public Debt – money not paid over time plus the interest

Commerce Regulation of interstate and foreign trade Ogden v. Gibbons

Currency power Coin money – made of Gold, Silver and others 1791 – bank notes –not “legal tender” 1861 – “Greenbacks” – 1st legal tender notes but

could not be exchanged for gold or silverWar powers

Declare war Raise an army 1973 War Powers Act

Copyright and PatentsEminent Domain

Implied Powers

EducationNational Bank“Necessary and proper” clause

McCulloch v. Maryland

Non Legislative PowersAmendments

25th – choose V.P.Elections

1800 and 1824Impeachment

1868 – Andrew Johnson 1998 – Bill Clinton

Resignation 1974 - Nixon

Executive Powers Approves appointments and treaties

Congress in ActionSpeaker of the House

Duties – Preside and keep order Allows representatives to speak Next in succession after President and V.P.

President of the Senate – Vice President Presides Votes only to break a tie

President Pro-tempore Majority leader, presides if VP is absent Next in succession after the Speaker

Party Officers – “caucus” – meeting to decide leaders and stands Floor leaders from each party Whips – assistants to the floor leaders