Transcript Article I: The Legislative Branch

Article I:
The Legislative Branch
Three Branches Unit: (1)
Unit 2:
Legislative Branch
Section
Section
Section
Section
Section
Section
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6:
Congress Overview
U.S. House of Representatives
U.S. Senate
Members of Congress
Congressional Powers
Bill to a Law
Article I: Legislative Branch
Congress Overview
Article I: Legislative Branch
U.S. Capitol
Freedom Statue
Rotunda
U.S. House Chamber
U.S. Senate Chamber
Our Congress
 Article I
 Section 1
All legislative Powers herein granted
shall be vested in a Congress of the
United States, which shall consist of a
Senate and House of Representatives.
Our Congress
Objectives
Our Congress
Why Bicameral?
Historical Reason
• British Parliament
• Most states
Practical Reason
• NJ Plan v. VA Plan
Theoretical Reason
• Balance within Congress
Our Congress
Vocabulary
 Term: length of time (two years) Congress serves
as a whole body.
(Also used to describe the work done within the time limits of Congress’s
term.)
Currently the 113th Congress (as of Jan.3, 2013)
 Session: period of time each year Congress
assembles and does business.
 Adjourn: to suspend business until next session.
 Special session: meeting to deal with emergency
issue (called by President)
The House of
Representatives
Article I: Legislative Branch
U.S. House of
Representatives
Qualifications
House of Representatives
Members: 435
Age: 25
Citizenship:
7yrs
Term:
2 yrs
Residence:
In state*
U.S. House of
Representatives
Reapportionment
 Reapportion: to redistribute (House seats to
each state)
 House began with 65 members.
 By the census of 1920, 435 members.
Reapportionment Act of 1929
Set
number
at 435
Plan
created
by
Census
Bureau
President
Effective
must
if neither
send plan
house
to
rejects it
Congress
U.S. House of
Representatives
States fill seats
Two ways states choose to fill their seats Single member district: state is divided
equally into districts. One representative is
voted in from each.
 At large: representatives are voted in from a
field of candidates across an entire state
Which is better for PA?
House of
Representatives
Redistricting:
Changing Population
U.S. House of
Representatives
Problems with
Redistricting
 When it comes time to “redistrict” a state,
lines will often be drawn to benefit a political
party.
 This is called “gerrymandering”
 Origin: Governor Elbridge Gerry (1812)
redrew Massachusetts’ district lines and the
distorted result was ridiculed as the
“gerrymander”.
House Quiz
House of Representatives
1. How many members are in the US House?
2. How long must House members be a
3.
4.
5.
6.
citizen?
Where must Representatives live?
How old must House members be?
How many years do they serve?
What is the term that describes the way
House seats are distributed to the states?
House Quiz (cont)
7. Most states are divided into __________ for
their state’s representation.
8. What is responsible for collecting data about
our nation’s population?
9. What is it called when states redraw the
district lines only to gain a political
advantage?
10. Think about the Reapportionment Act of
1929. What Basic Principle is evident in
what it provides?
U.S. House of
Representatives
House/Senate
Comparison
The U.S. Senate
Article I: Legislative Branch
The Senate
Qualifications
U.S. Senate
Members: 100
Age:30
Citizenship:
9yrs
Term:
6yrs
Residence:
In state
The Senate
Direct Democracy
 The Senate election process has changed
since the inception of the Constitution.
 State legislators once appointed U.S.
Senators for their state.
 Result: Richest man wins. Senators bought
seats.
 What effect would this have on their state?
Direct election of Senators
 Now must appeal directly to the people
The Senate
Rich Man’s Club
The Senate
Vocabulary
 Continuous body: To prevent all seats
potentially being replaced at one time,
Senate elections are staggered. 33,33,34.
 Constituencies: the people and interests that
Senators represent. These are often larger
interests than those in the House due to the
size of the area represented (entire state).
The Senate
 Rider
A provision added to an
existing bill that would
not pass on its own
merit.
Usually attached to
appropriation
(spending) bills.
Unique Senate Rules
Riders can be referred to
by other names, like
earmarks.
Riders can allocate
money for “pork barrel”
legislation. This would
specifically serve the
interests of a Senator’s
home state.
The Senate
Earmarks:
Political Cartoons
The Senate
Earmarks:
Political Cartoons
The Senate
Declaration of

Independence,
Bill of Rights,
Washington’s
Farewell Address,
grandmother’s biscuit
recipe, phone books
Unique Senate Rules
Filibuster: an attempt to “talk a bill to
death”.
 The minority of Senators use this tactic to
stall the majority in passing the measure.
 The intent of the filibuster is to wear down
the majority to change or kill the bill.
 Longest in history: Strom Thurmond (R)
SC, spoke for 24 hours, 18 minutes in a
stand against the Civil Rights Act of 1957
 Cloture: (rule XXII) 16 senators can file
petition and if 2/3 vote yes, filibuster is
limited to 30 hours of discussion.
Senate Quiz
US Senate
1. How many members are in the US Senate?
2. How long must Senate members be a
3.
4.
5.
6.
citizen?
Where must Senators live?
How old must Senators be?
How many years do Senators serve?
What did the 17th Amendment do?
7. What tactic is sometimes used to halt a vote
on a bill?
8. What is the term for someone who is
represented by an elected official?
9. Never having all seats up for election at the
same time is called?
10. What are provisions added to existing bills
that improve relations between the Senator
and his home state?
Members of Congress
Article I: Legislative Branch
Congress
Roles
 Congress has one basic function:
pg. 262 Magruder’s American Government, 2007
Congress
Voting Options
Four voting options for lawmakers
Trustee
• Their own opinions first
Delegate
• People’s opinion first
Partisan
• Political party’s interest first
Politico
• Mixture of all three
Congress
Compensation
 Senators and Representatives are paid:
$174,000 per year.
 Speaker of the House and VP: $ $223,500
 President pro tempore (pro temp) Senate
$193,400
 In addition to a healthy salary, members of
Congress receive franking privilege
that saves them postage.
 (Advantage: think about running
for re-election!)
Congress
Pay raises
 27th Amendment:
“No law varying the compensation for the
services of the Senators and
Representatives, shall take effect , until an
election of Representatives shall have
intervened.”
 IOW: Must pass one election cycle before
you increase your pay!
Congressional Powers
Article I: Legislative Branch
Powers of Congress
Vocabulary
 3 Types of Congressional Powers
 Expressed: Powers that can be found in the
Constitution
 Implied: Powers that can be deduced from
the expressed powers
 Inherent: Powers naturally given to any
government
 power to control the country's borders, to give or refuse diplomatic recognition
to other countries, to acquire new territories for national expansion, and to
defend the government from revolutions
Expressed Powers
Constitution
 Most of the expressed powers can be found in
Article One, Section 8.
The Congress shall have Power To lay and
collect Taxes, Duties, Imposts and Excises, to
pay the Debts and provide for the common
Defence and general Welfare of the United
States; but all Duties, Imposts and Excises
shall be uniform throughout the United
States…
Expressed Powers
Tax, Borrow,
Currency, and
Commerce
 Tax
• Allowing Congress to fundraise for the Federal Gov’t
 Borrow
• Govt regularly spends more than it brings in
• Borrows the rest on credit of the United States
• From 1969-1998 stayed, “in the red.”
• After surpluses following Balanced Budget Act of 1997
(1999, 2000, 2001) deficit rose to a now $13 trillion.
• Why: economic recession, tax cuts, War on Terror
 Currency
 Commerce
Expressed Powers
Tax, Borrow,
Currency, and
Commerce
 Tax
 Borrow
 Currency:
• Congress regulates the coining/printing of money.
• Standardization. Federal money competed with state,
foreign, and state banks
 Commerce:
• Congress regulates interstate and foreign trade
• Eliminates the trade barriers of the Critical Period
Implied Powers
Extensions of
Expressed
 Implied Powers originate from
Article 1, Section 8, Clause 18
The Necessary and Proper Clause
Implied Powers
McCulloch v Maryland
 In 1791, the first Bank of the United States was established
 Debate over exactly how much power the national government
should have. Jefferson v Hamilton in Washington’s ear.
 Second Bank of the United States.
 States threatened by government power, and competed with
Second Bank
 Maryland State Legislature required that all banks chartered
outside of Maryland (like Fed Govt) pay an annual tax of
$15,000.
 James McCulloch, cashier of the Baltimore branch of the
Bank of the United States, refused to pay the tax. (in doing
so opposed Maryland’s position against the US bank.)
McCulloch v Maryland (1819)
Federal Govt
Maryland
 Govt has power to
 Govt has limited power and
establish National Bank.
(loose interpretation)
 Cashier, James McCulloch
refuses state tax
 McCulloch appealed MD
court conviction to MD
Court of Appeals…upheld
lower court decision.
 To Supreme Court!
should not compete with
states (strict interpretation)
 Tax for non-state banks
 Fed gov’t is like a business
in our state
McCulloch v Maryland (1819)
“We are unanimously of opinion, that the law passed
by the legislature of Maryland, imposing a tax on
the Bank of the United States, is unconstitutional
and void.”
With this
decision, the
Court confirmed
the concept of
implied powers
of Congress.
How a Bill
Becomes a Law
Legislative Branch
Bill to Law
 Laws begin simply as an idea from citizens or
lawmakers.
 This idea is sponsored by a lawmaker in
either house and is officially labeled.
 The journey to becoming a law is a difficult
one, consisting of mostly committee review.
 “Congress in its committee rooms is
Congress at work.”
-Woodrow Wilson.
Bill to Law
 A bill’s ultimate goal in Congress is to be
discussed in the entire body of a house of
Congress. “floor action”
 Once a bill is labeled, (HR#, S#) depending
on which house, it must begin in a
permanent committee.
 These “subject-matter” committees are
known as standing committees.
Bill to Law
Committees
Bill to Law
 Within the standing committees, smaller or
sub committees are given the task to explore
the subject of the bill.
 If they report favorably about the bill, the
committee reconvenes in a full committee.
 At this point a vote must be taken on allowing
a bill to proceed to “floor action” (or be heard
by the entire body.)
Bill to Law
House Rules
 Only in the House:
 Due to the size of the body, the House Rules
Committee exists to set parameters on the length
of time spent on the bill.
 Can be powerful position…speed up, halt, or kill
the bill.
 After its has been “ruled”, floor action ensues.
Bill to Law
Floor Action
Bill to Law
Senate
 The same basic process occurs in the Senate
 Standing committee
 Sub committee
 Full Committee
 (no Rules to decide time limits)
 Floor Action
Bill to Law
Conference
 If the bill passes both houses of Congress,
but the versions differ, a conference
committee made of both house members can
“iron out” differences.
 If successful, it goes to the President of the
United States.
 The president has 3 choices.
Bill to Law
President
 Presidential Choices
1. Sign bill into law
2. Veto bill
A. Goes back to Congress
B. Takes a 2/3 vote to override the President’s veto
3. Do nothing….in 10 days
A. Congress in session: Becomes law
B. Congress out of session: Pocket veto