The Legislative Branch

1. The Legislative Branch

2. Legislative Branch • Article I est. legislative power in the U.S. in 2 houses • House of Representatives • Senate • Roles • Appropriating money • Making laws • Monitors the President; investigates possible abuses of power • All R & S have responsibility to represent their constituents • R  representatives • S  senators

3. House of Representatives

4. House of Representatives • I, 2, 1-5 • Voted every 2nd yr. by the people • Term length  2 yrs. • @ least 25 yrs. old • U.S. citizen @ least 7 years • Lives in state which he/she is elected

5. House of Representatives • Total # of R based on state’s pop. • Each state guaranteed @ least 1 R • Total number of R frozen @ 435 • Speaker of the House is party leader in the H of R • Impeachment cases  H of R are prosecutors • H of R • Initiates all spending bills • Sole authority to impeach federal officials • Can break Electoral College gridlock

6. Senate

7. Senate • I, 3, 1-6 • Each state has 2 S; originally elected by state legislatures, NOW by the people • Term length  6 yrs. • @ least 30 yrs. old • U.S. citizen @ least 9 yrs. • Lives in state which he/she is elected

8. Senate • VP P of S; has no vote unless there is a tie • President pro tempore acting P of S when VP is absent • Has power to try all impeachment cases • P being tried Chief Justice presiding judge • Federal official guilty when 2/3 of S present vote guilty • Sole authority to advise/consent P

9. How a bill becomes law (I, 7, 1)

10. Member of Congress proposes a bill • House that bill originated in votes & passes the bill • Other house votes & passes the bill • Bill is sent to P has 2 options: • Signs bill into law • Vetoes the bill sent back to Congress w/P’s list of objections • If P does not sign bill after 10 days becomes law • Congress can override P’s veto with 2/3 vote in bothH of R & S

11. Powers of Congress (I, 8, 1-18)

12. Levy/collect taxes (I, 8, 1) • Commerce Clause (I, 8, 3) • Power to regulate commerce • Declare war, grant letters of marque and reprisal • Govt. authorization to use private ships for privateering • Elastic Clause (I, 8, 18) • Make all laws necessary & proper to execute the enumerated laws of Congress

13. Limits on Congress’ power (I, 9, 1-8)

14. Writ of habeas corpus can’t be suspended unless in cases of rebellion, invasion, or if public safety requires it (I, 9, 2) • No bill of attainder or ex post facto law may be passed • Bill of attainder – Act of legislature declaring a person/group guilty w/o benefit of a trial • Ex post facto – A law making an action guilty after it had been committed

15. Removal Power – Impeachment

16. Federal officials must be convicted of “treason, bribery, or other high crimes and misdemeanors” • 14 federal judges impeached, 6 convicted • 2 presidents impeached, 0 convicted • 1 Cabinet officer impeached – resigned before vote took place • Nixon was never impeached • Articles of impeachment were sent, but Nixon resigned before House considered charges

17. Impeachment process • House Judiciary Committee considers charges • Can subpoena witnesses/evidence • House votes on each article • Each article requires majority vote • Article reaches majority vote official is impeached • H of R sends articles of impeachment to S

18. Impeachment Process • S tries case • P being tried = Chief Justice of S.C. presides over case • If non-P being tried = VP or President pro tempore presides over case • Selected H of R members act as prosecutors • S hears testimony/evidence

19. Impeachment Process • S votes: • Conviction requires 2/3 vote of S present • Drop case • Censure official • If P or official is convicted: • S can vote to bar official from holding any future offices or getting any emoluments (pension)