Chapter 5: The Legislative Branch

CIVICS IN PRACTICE HOLT

Chapter 5

The Legislative Branch Section 1: Section 2: Section 3: Section 4:

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The Senate and the House of Representatives How Congress Is Organized The Powers of Congress How a Bill Becomes a Law

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CIVICS IN PRACTICE HOLT

Section 1: The Senate and the House of Representatives The Main Idea Congress is divided into two houses, the Senate and the House of Representatives, and its members have certain qualifications. Reading Focus  What are the two houses of Congress?  What are the qualifications, salaries, and rules of conduct for members of Congress? ‹#›

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Section 1: The Senate and the House of Representatives

Background Information  Congress is bicameral  Article I of US Constitution  Historical—Parliament

 2 chamber house settled conflict between NJ

Plan and Virginia Plan (Connecticut Compromise) ‹#›

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The House of Representatives:  Has 435 members  Based on population (each state guaranteed 1)  US Map of Congressional Districts / MO Map

 # set by Congress, not Constitution  Reapportionment Act of 1929

 US territories have 1 non-voting representative  Census determines how seats are apportioned  ‹#›

Gerrymandering (Illinois) (NC) HOLT, RINEHART

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The House of Representatives Cont…  Each state has # of reps as it does districts  Elected to 2 year term (no term limits)

 Vacancies filled by Governor of that state

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US Senate  100 members  2 Senators from each state (50 x 2 = 100)

 6 year term  Staggered (33-34 senators elected every 2 years)  Continuous body

 No term limits

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Qualifications  House of Representatives  25 years old

 Be a US citizen for 7 years  Be a legal resident of the state represented

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Qualifications  Senate  30 years old

 Be a US citizen for 9 years  Be a legal resident of the state represented

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Salary and Benefits  $174,000 salary  Leaders get paid more

 Offices in DC  Allowance for staff, local offices  Free trips home  Stationary allowance  Franking privilege (free mail) ‹#›

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Salary and Benefits Continued  Immunity while Congress is in session  Parking spots at airports

 2 gymnasiums, restaurant  Health insurance  Pension  See the following sites for more information:  http://usgovinfo.about.com/od/uscongress/a/congresspay.htm  http://heller.house.gov/News/DocumentSingle.aspx?DocumentID=166596 ‹#›

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CIVICS IN PRACTICE HOLT

Section 1: The Senate and the House of Representatives

Rules of Conduct:  Qualifications for a seat determined by vote of

Congress  Misconduct:  May lead to expulsion with a 2/3 vote  May lead to censure

http://www.opencongress.org/wiki/Expulsion_and_censure ‹#›

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SECTION 1

CIVICS IN PRACTICE HOLT

Question: In what ways does Congress deal with misconduct by its members?

Legislative Misconduct HOW Censure

Expulsion

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DESCRIPTION written reprimand removing a member from Congress HOLT, RINEHART

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Section 2: How Congress Is Organized

The Main Idea Congress is organized in a way that allows its members to consider and pass legislation without each member having to do everything. Reading Focus  What are the terms and sessions of Congress?  How is Congress organized? ‹#›

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CIVICS IN PRACTICE HOLT

Section 2: How Congress Is Organized

Congressional Terms and Sessions  Two sessions per term

 Sessions begin on January 3 each year  Usually adjourn in August or September

 The president may call a special session when

necessary.  Joint Session ‹#›

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Section 2: How Congress Is Organized

Organization  House of Representatives  Presiding officer is the Speaker of the House  Majority/Minority Leaders  Party whips—persuade members to vote for

legislation  Caucuses  24 Committees ‹#›

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CIVICS IN PRACTICE HOLT

Section 2: How Congress Is Organized

Organization  Senate  Vice president is President of the Senate  President pro tempore  “For the time being”

 Majority/Minority floor leaders  Majority/ Minority floor whips

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 Senate has 20 committees  Chairperson

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Section 2: How Congress Is Organized

Congressional Committees  Study all bills before they are presented to Congress  Members are nominated to committee assignments.  Senators serve on at least two standing committees.  Representatives serve on only two standing

committees.  Standing committee membership is proportionate to party majority in each house.  Heads of Committee are now chosen by secret vote. ‹#›

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Websites  Congressional Leadership  http://www.congress.org/congressorg/directory/leadership_list.tt  

http://www.senate.gov/pagelayout/senators/a_three_sections_with_teasers/leadership.htm http://www.house.gov/house/orgs_pub_hse_ldr_www.shtml

 Congressional Committees  House  http://www.house.gov/house/CommitteeWWW.shtml  Senate  http://www.senate.gov/pagelayout/committees/d_three_ sections_with_teasers/committees_home.htm ‹#›

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SECTION 2

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Question: When does a session of Congress begin, and how long does it last?

When Sessions Begin The first session begins January 3 in oddnumbered years following the congressional election in November. The second session begins January 3 of the following year. ‹#›

How Long They Last Sessions last as long as Congress wishes. Adjournment dates are selected by Congress.

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Section 3: The Powers of Congress

The Main Idea The Constitution both defines and limits the powers of Congress. Reading Focus  What types of powers are granted to Congress?  What are some of the limits on the powers of

Congress? ‹#›

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Section 3: The Powers of Congress

Delegated Powers  Powers specifically listed in Constitution  Raise and collect taxes  Borrow Money  Print and coin money  Regulate trade w/foreign countries and among

the states ‹#›

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Delegated Powers Cont…  Declare war and maintain armed forces  Set up a national court system

 Regulate immigration / naturalization  Govern territories  Provide for the admission of new states 

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http://pmc.princeton.edu/powersofcongress.php HOLT, RINEHART

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Implied powers  Necessary and proper clause (Art. 1 Sec. 8)  “Power to make all laws necessary and proper…”

 AKA “Elastic Clause”  Allows Congress to “stretch” its delegated powers

 McCulloch v. Maryland (1819)

 Ex: Military academies, Federal Reserve Act  ‹#›

http://www.shmoop.com/legislative-branch/implied-powers-of-congress.html HOLT, RINEHART

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Impeachment Powers  Impeach  House votes to impeach federal official

 Senate tries official

 Treason

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Section 3: The Powers of Congress

The special powers of Congress:  House  initiates bills to raise money  elects president when no candidate receives sufficient

electoral votes  Starts impeachment process

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The special powers of Congress:  Senate  Holds impeachment trials

 Selects vice president when no candidate has

sufficient electoral votes  Approves treaties  Approves high officials  House is more active while Senate is more

cautious ‹#›

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CIVICS IN PRACTICE HOLT

Section 3: The Powers of Congress

Congress is forbidden to: (p. 146)  Pass ex post facto laws  Pass bills of attainder  Suspend writ of habeas corpus  Tax exports  Pass laws violating the Bill of Rights

 Favor one state over another state  Grant titles of nobility  Withdraw money without a law ‹#›

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SECTION 3

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Question: What are the five major areas in which Congress has the power to make laws? financing government

defending the country

Congressiona l Powers providing for growth

enforcing laws

regulating and encouraging U.S. trade and industry

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Section 4: How a Bill Becomes a Law

The Main Idea To become a law, a bill goes through a multistage process involving both houses of Congress. Reading Focus  How does a bill begin?  How do the House and the Senate consider a bill?  In what ways can the president act on the bill? ‹#›

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CIVICS IN PRACTICE HOLT

How a bill begins  A bill is a…  Can be introduced in either house  Except appropriation bills

 A law was first a bill

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CIVICS IN PRACTICE HOLT

Section 4: How a Bill Becomes a Law

Sources of legislation:  U.S. citizens—constituents making requests of their congress     ‹#›

members Organized groups—businesspeople and labor groups seeking to protect their interests Committees of Congress—investigating committees determine needs for new laws Members of Congress—experts in certain fields propose new laws The president—often introduces ideas for laws in the State of the Union Address HOLT, RINEHART

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Section 4: How a Bill Becomes a Law

Bills introduced in House (p. 151)  Are read and placed in the Congressional Record.  Given a title and number

 Are sent to a standing committee to be studied.  Committee recommends changes, approves  Placed on the calendar for debate  Speaker of the House decision

 House rules committee sets guidelines for debate  Time, amendments  Quorum needed for vote ‹#›

 Vote taken

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CIVICS IN PRACTICE HOLT

Section 4: How a Bill Becomes a Law

Bills introduced in Senate (p. 151)  Same as H of R action  Debate  Filibuster  Cloture  Bill sent to President  House and Senate bills MUST be identical  If not, sent to “Conference Committee” where members of both houses iron out

differences and send it back to each house for final vote

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CIVICS IN PRACTICE HOLT

Section 4: How a Bill Becomes a Law

President Acts on Bill  Can do 3 things:  sign the bill and declare it a law  veto the bill and send it back to Congress  hold the bill for 10 days  Becomes a law if Congress in session  “Pocket Veto” ‹#›

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CIVICS IN PRACTICE HOLT

Section 4: How a Bill Becomes a Law

Overriding a Veto  Requires 2/3 vote in each house  Veto threat influences Congress  http://clerk.house.gov/art_history/house_history/vetoes.html 

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http://www.senate.gov/reference/reference_index_subjects/Vetoes_vrd.htm

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SECTION 4

CIVICS IN PRACTICE HOLT

Question: What actions can the president take regarding a passed bill? If Congress is in session, the

SIGNS THE BILL

BILL BECOMES LAW,

and it becomes law The president

The president ACTS on a Bill

KEEPS the BILL for 10 DAYS without signing or vetoing it:

REFUSES TO SIGN and sends back to Congress with rejection reasons – called a VETO. ‹#›

even without a signature.

If Congress is not in session, the bill is killed by POCKET

VETO. HOLT, RINEHART

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Chapter 5 Wrap-Up 1. Why did the framers of the Constitution create a bicameral national legislature? 2. What two methods does Congress have to deal with misconduct by its members? 3. Who leads the houses of Congress, and how are these leaders chosen? 4. Why is most of the work of Congress done through committees? 5. What special powers does each house of Congress have? 6. How do bills become laws? 7. What can the president do with a bill passed by Congress? ‹#›

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