THE LEGISLATIVE BRANCH

Mike Pinson

Standards

Example: checks by the legislative branch on other branches of government

Comparing rules of operation and hierarchies of the House and Senate Example: roles of the Speaker of the House, Senate pro tem, majority

and minority leaders, and party whips

Tracing the legislative process, including types of votes and committee action, from a bill’s

presentation to presidential action Identifying committee structure and types of committees

Discussing problems concerning redistricting as populations shift Example: gerrymandering

Objectives

Describe the committee system in the House and Senate and how it affects the passage of legislation.

Discuss the demographics of the House and Senate and how this relates to the ideas of representation in

the American system. Explain the relationship of personal power in

Congress and the issues of representation and constituency.

Describe the route a bill must take to be enacted into law.

The Constitution creates a bicameral legislature for three reasons:Two Houses of Congress

Historical: The British Parliament consisted of two houses since the 1300s, and many colonial assemblies were similar in form.

Practical: A bicameral legislature was necessary to compromise the Virginia & N. J. plans of representation.

Theoretical: Framers favored a bicameral Congress in order that one house might act as a check on the other.

Representatives of the People4 voting options:

A. Members must;1. 25 yrs 2. residents of states they represent. 3. citizens for @ least 7 yrs

II. Membership of House

B. Serve 2-yr terms. C. # from each state is determined by

census population count every 10 yrs. D. State legis. set up congressional

districts after the census count, w/1 rep. from each district.

E. Reapportionment Act of 1929 set “permanent” size of the House at 435 members

realities of politics also require some informal qualifications, such as party identification, name familiarity,

gender, ethnic characteristics, & political.

A. Must be @ least 1. 30 yrs 2. citizens for @ least 9 yrs3. residents of states they represent.

III. Membership of Senate

B. Serve 6-yr terms; 1/3 are elected every 2 yrs.

C. Each state---2 senators. D. Senate & House set their salaries;

receive numerous benefits, allowances for office staffs & business trips, tax breaks for maintaining 2 residences, & pensions when they retire.

E. Enjoy immunity from arrest, in cases not involving a felony or treason, or being sued for libel when Congress is in session.

F. May refuse to seat a member & may censure or even expel members.

Section 1-12

IV. Members of Congress

A nation of old white men

1. Nearly ½ members are lawyers.

2. White3. middle-aged 4. male5. increasingly reflecting

ethnic, racial, & gender makeup of general population.

A. Most incumbent members of Congress win reelection to office b/c they are well known, & find it easier to raise campaign $$$.

B. Candidates have begun using the Internet as a campaign tool.

C. Special tax privileges, travel allowances, GREAT health/retirement packages, radio/tv tapes produced at low costs.

Franking privilege- no charge for postage

1. What is happening in this cartoon?

Interpreting Political Cartoons Activity

2. Which side does the administration spokesperson support? Explain.

3. Is the administration spokesperson an objective judge? What biases might he have?

Answers

1. Three speakers are evaluating a glass with liquid in it. The optimist and pessimist describe it as “half full” and “half empty,” respectively, but the administration spokesperson describes it as both—and finds a way to promote the president at the same time.

2. The administration spokesperson supports the president, as shown in his linking the president with the “half full” view and speaking of the president’s “tireless efforts.”

3. Students probably will suggest that the administration spokesperson cannot be objective, for he is employed to support the president. He probably has biases that favor executive policies and treat other points of view as obstacles or even enemies.

Federal Spending

1. Which portion has received the largest increase in the last 20 years?

2. Which portion of do you believe deserves more $?

Strict Versus Liberal Construction

Strict Constructionists led by Thomas

Jefferson, argued that Congress should exercise (1) its expressed powers (2) implied powers necessary to carry out those expressed powers.

Liberal Constructionists led by Alexander

Hamilton, favored a liberal interpretation of the Constitution, a broad interpretation of the powers given to Congress.

Chapter 11, Section 1

Expressed Powers

Congress has the inherent power to act on matters affecting the security of the nation.

Congress’s war powers are extensive & substantial, including: the power to raise & support armies, to provide & maintain a navy, & to organize, arm, and discipline the military.

Congress also has the power to restrict the use of American forces in combat in areas where a state of war does not exist (War Powers Resolution of 1973).

Foreign Relations and War Powers

Other Expressed PowersNaturalization

Naturalization is the process by which citizens of one country become citizens of another.

The Postal Power establish Post Offices and post Roads.”

Copyrights and Patents A copyright is the exclusive right of an author to

reproduce, publish, and sell his or her creative work.

A patent grants a person the sole right to manufacture, use, or sell “any new and useful art, machine, manufacture, or composition of matter.”

More Expressed PowersWeights and Measures

Congress has the power to “fix the Standard of Weights and Measures” throughout the United States.

Power Over Territories and Other Areas Congress has the power to acquire, manage, and dispose

of various federal areas. One way of acquiring property is through eminent

domain, the inherent power to take private property for public use.

Judicial Powers Congress may create all of the federal courts below the

Supreme Court and structure the federal judiciary. Congress may also define federal crimes and set

punishment for violators of federal law.

The Borrowing Power

Deficit financing is the practice of spending more $ than received & borrowing to make up the difference.

Public debt $ borrowed by the govt over the years & not yet repaid, plus the accumulated interest on that $.

Chapter 11, Section 2

The Implied Powers of Congress

Functions of Congress

Congress Convenes

Congress convenes every two years—on January 3 of every odd-numbered year.

The House has formal organizational meetings at the beginning of each term to determine committee membership and standing officers.

The Senate, because it is a continuous body, has fewer organizational issues to address at the start of each term.

When Congress is organized, the President presents a State of the Union message to a joint session of Congress. This message, in which the President reports on the state of the nation as he sees it, is given annually.

The Presiding OfficersSpeaker of the House

is the presiding officer of the H. of Representatives & leader of the majority party.

main duties revolve around presiding over & keeping order in the House.

names the members of all select and conference committees, & signs all bills and resolutions passed by the House.

The President of the Senate assigned by the

Constitution to the V. President.

has many of the same duties as the Speaker of the House, but cannot cast votes. (unless there is a tie)

president pro tempore, the leader of the majority party, is elected from the Senate and serves in the Vice President’s absence.

Party OfficersThe Party Caucus

The party caucus is a closed meeting of the members of each party in each house which deals with matters of party organization.

The Floor Leaders The floor leaders are party officers picked for their posts by their

party colleagues. The party whips assist the floor leaders and serve as a liaison

between the party’s leadership and its rank-and-file members.

filibuster—a stalling of the legislative procedure to prevent a vote—can be ended only by a 3/5 vote; in recent years the filibuster has lost effectiveness as a legislative weapon because new rules allow other matters to continue at the same time.

If 60 senators vote for cloture, no more than another 30 hours may be spent on debate, forcing a vote on a bill.

majority party controls the flow of legislative work in the Senate.

Senate Procedures

Committee Chairmen & Seniority Rule

Committee Chairmen The committee chairmen are

the members who head the standing committees in each chamber of Congress.

The chairman of each of these permanent committees is chosen from the majority party by the majority party caucus.

Seniority Rule The seniority rule, an unwritten

custom, holds that the most important posts will be held by those party members with the longest records of service in Congress.

The head of each committee is often the longest-serving member of the committee from the majority party.

Purposes of Committees

1. Ease workload by dividing among smaller groups, allowing them to specialize on key issues.

2. Discuss & select the most important.

3. Investigative public hearings on key problems.

1. Standing committees

2. Subcommittees

3. Select committees

4. Joint committees

5. Conference committees

I. The Power to Investigate

Standing or select committees --- investigate conduct & ethics of govt officials & members of Congress.

Have a variety of consequences that range from proposing new legist. to removing officials from office.

Collect evidence, subpoena witnesses, & grant witnesses immunity, but they are not trials.

1. Public bills involve national issues2. private bills deal w/individual

people/places.

Types of Bills & Resolutions

A. may be passed by either house or by both jointly.

B. Both houses pass concurrent resolutions, which do not have the force of law.

C. rider is a provision attached to a bill on an unrelated subject.

D. Few bills become laws b/c:

1. process is long & complex;

2. must have broad support;

3. supporters must be willing to compromise;

4. many bills are introduced that have no chance of passing.

A. Intro. is the 1st step in lawmaking process. Introducing a Bill

B. New bills sent to committees & sometimes subcommittee.

C. Both houses usually agree w/the committees’ decision on a bill.

D. If committee decides to act on a bill, it holds hearings on it.

E. When-hearing is complete, members review the bill line by line & make changes in it by a majority vote.

F. Committee kills or reports bill to House or Senate, sending w/the bill-written report that describes the bill,

1. explains committee’s actions2. lists committee’s changes3. recommends passage or

defeat.

Committee Actions

Scheduling Floor DebateA bill is placed into one of five calendars before going to the floor

for consideration:

1. The Calendar of the Committee of the Whole House on the State of the Union2. The House Calendar3. The Calendar of the Committee of the Whole House4. The Consent Calendar5. The Discharge Calendar

Before most measures can be taken from a calendar, the Rules Committee must approve that step and set a time for its appearance on the floor.

A. House has exclusive power to start all revenue bills

work on tax laws occurs-House Ways & Means Committee.

I. Making Decisions About Taxes

B. Until the 1970s the closed rule forbade members from amending tax bills from floor of the House

C. Senate may propose changes in tax bills, & Senate Committee on Finance has primary responsibility for tax matters.

Section 4-6

A. During debate any lawmaker may offer amend.

Floor Action

B. Bill-including changes, must receive a majority vote in both Houses to pass.

Congress may use

1. standing, 2. roll-call 3. record 4. voice votes

bill must pass in both houses Conf. committees work out

difference if necessary, & send compromise bill to each house for final action.

Final Steps

The President Acts

Congress can override a pres. veto by a 2/3 vote in each house.