Chapter 5 The Legislative Branch

1. Section 1:The Senate and the House of Representatives Section 2: How Congress Is Organized Section 3: The Powers of Congress Section 4: How a Bill Becomes a Law Chapter 5The Legislative Branch

2. 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?

3. Two Houses of Congress • Congress is the lawmaking body of the federal government • bicameral legislature • a lawmaking body of two houses • Senate • House of Representatives • The framers of the U.S. Constitution wanted to make sure that both small and large states would be fairly represented

4. The House of Representatives • # based on the state’s population • Each state is entitled to at least one representative • Washington, D.C., Guam, American Samoa, and the Virgin Islands each have one nonvoting delegate in the House

5. House of Representatives Cont. • Limited to 435 members • Census determines apportionment • Elected by congressional district voters • Decided by states • Equal populations • Gerrymandering– Drawing district lines that favor a particular political party, politician, or group of people.

6. The House of Representatives Cont. • Elections for member held in November of each even-numbered year. • two-year terms • If a representative dies or resigns before the end of a term, the governor of the representative’s home state is required to call a special election to fill the vacancy.

8. The Senate • each state is represented by two senators = 100 senators • Six-year terms • Elections are held in November of each even-numbered year. • Only one-third of the Senate’s membership comes up for election every two years • Organizing elections in this way ensures that at least two-thirds of the senators have prior experience

9. The Senate cont…. • If a senator dies or resigns before the end of a term • Must be replaced • Most states allow the governor to appoint a person to fill the vacancy • No term limits exist

10. Section 1: The Senate and the House of Representatives Members and terms lengths in the House and the Senate: • The House of Representatives has 435 members, who serve two-year terms. • The Senate has 100 members, two for each state, who serve six-year terms.

11. 435 100 Districts are apportioned according to population every 10 years State legislators draw district boundaries to favor a particular political party, politician, or group of people two years six years one-third

12. Section 1: The Senate and the House of Representatives Qualifications and salaries in the House and Senate: • Representatives: must be at least 25 years old, a U.S. citizen for at least seven years, and a legal resident of the state they represent • Senators: must be at least 30 years old, a U.S. citizen for at least nine years, and a legal resident of the state they represent • The yearly salary is $165,200.

13. Section 1: The Senate and the House of Representatives Benefits • Offices in the Capitol Building • Allowance to pay staff members • Free trips to their home states • Allowance for local district offices & stationary • Franking privilege– the right to mail official letters or packages free of charge • Immunity or legal protection

14. Section 1: The Senate and the House of Representatives Rules of Conduct: • Seating qualifications? • Violations of Codes of Conduct • May lead to expulsion, removal from Congress, with a vote of two thirds of other members • May lead to censure, formal disapproval of a members actions

15. at least 25 years old, U.S. citizen for at least seven years, legal resident of the state that is represented at least 30 years old, U.S. citizen for at least nine years, and legal resident of the state that is represented outside income limited disclose financial holdings Censure is formal disapproval of a member’s actions. Expulsion is removal of a member from office.

16. SECTION1 Legislative Misconduct Question: In what ways does Congress deal with misconduct by its members? HOW DESCRIPTION written reprimand Censure removing a member from Congress Expulsion

17. 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?

18. Section 2: How Congress Is Organized Terms and Sessions • Congress must meet at least once a year • 2 Sessions– One for each year of a term • 20th Amendment- Jan. 3 at noon on odd numbered years • Adjourns when both houses finish their legislative work • Pres. may call special sessions • Occasionally meet in joint sessions

19. Section 2: How Congress Is Organized Congressional Sessions • Two sessions per term • Sessions begin in January each year, and a date to adjourn is agreed upon. • Sessions usually adjourn in August or September. • The president may call a special session when necessary.

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21. 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?

22. Section 2: How Congress Is Organized Organization of Congress • The Constitution has only three rules about how Congress should be organized • it directs the House of Representatives to select a presiding officer • it names the vice president of the United States as president of the Senate • it calls for the selection of a senator to preside in the vice president’s absence

23. Section 2: How Congress Is Organized Organization of Congress • Caucuses • private party meetings • members of each house choose their own leaders • The political party that has the most members in each house is • known as the majority party • The political party that has fewer members is called the • minority party

24. Section 2: How Congress Is Organized Organization of Congress • Organization of the Senate • VP does not usually preside over the daily meetings of the Senate • President pro tempore • the majority party elects one of its member • for the time being • Each party has its floor leaders • majority leader and the minority leader • Party whip-- count votes, encourage party loyalty, and ensure that the party’s members are present for important votes. • Floor leaders— elected in party caucuses to guide proposed laws through Congress • Party whips—persuade members to vote for legislation • Vice president —according to the Constitution presides over the Senate but only votes to break a tie • President pro tempore—fills in for the vice president when necessary

25. Section 2: How Congress Is Organized Organization of Congress • committees • About 20 • consider legislation and hold hearings • Each committee has one or more subcommittees that may consider legislation before it is taken up by the full committee. • Chairperson– • member of the majority party, and a ranking minority member • The ranking minority member is the highest ranking (and usually longest serving) member of the minority party on a committee or subcommittee.

26. Section 2: How Congress Is Organized Organization of Congress • Organization of the House of Representatives • Speaker of the House • always a member of the majority party • most powerful officer in the House • no representative may speak until called on, or recognized, by the Speaker • influences the order of business in the House • committee structure • similar to the committee structure in the Senate • More of them with different names

27. Section 2: How Congress Is Organized Congressional Leaders • Speaker of the House—elected from the majority party • Floor leaders— elected in party caucuses to guide proposed laws through Congress • Party whips—persuade members to vote for legislation • Vice president —according to the Constitution presides over the Senate but only votes to break a tie • President pro tempore—fills in for the vice president when necessary

28. 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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31. When Sessions Begin How Long They Last SECTION 2 Question: When does a session of Congress begin, and how long does it last? The first session begins January 3 in odd-numbered years following the congressional election in November. The second session begins January 3 of the following year. Sessions last as long as Congress wishes. Adjournment dates are selected by Congress.

32. 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?

33. Section 3: The Powers of Congress Congressional Powers • Delegated- Expressly granted powers • Implied- Powers not specifically granted to Congress by the Constitution, but which are suggested to be necessary to carry out its delegated powers.

34. Section 3: The Powers of Congress Five major areas in which Congress makes laws: • Financing government • Regulating and encouraging American trade and industry • Defending the country • Enforcing laws • Providing for growth

35. Financing Government • Why? To pay for government programs and defense • raise and collect taxes • borrow money • print and coin money

36. Regulating and Encouraging AmericanTrade and Industry • Regulates trade with foreign countries • Regulates trade among the states • Passing laws that protect the rights of inventors

37. Defending the Country • power to declare war • maintain armed forces • set up a system of national courts Creating Lower Courts

38. Providing for Growth • Pass laws to regulate immigration and naturalization • the power to govern the country’s territories • provide for the admission of new states

39. Section 3: The Powers of Congress Implied Powers--The Elastic Clause • “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers” • allows Congress to stretch its delegated powers to manage new situations

40. Impeachment Power • Congress has the power to accuse an office holder of misconduct • House of Representatives-Charges an accused official • Senate- becomes the court • Vice president usually acts as the judge or the chief justice in cases of the president • Two-thirds of the Senate must find the official guilty before he or she can be dismissed from office.

41. Presidential Impeachment • Andrew Johnson • Bill Clinton

42. allows Congress to stretch delegated powers Treason involves acts that betray or endanger the country House of Representatives Senate when the president is on trial chief justice of the Supreme Court two-thirds Andrew Johnson, Bill Clinton

43. Section 3: The Powers of Congress The special powers of Congress: • House—begins impeachment proceedings, initiates bills to raise money, and selects president when no candidate receives sufficient electoral votes • Senate—holds impeachment trials, selects vice president when no candidate has sufficient electoral votes, approves treaties, approves high officials

44. Section 3: The Powers of Congress Congress is forbidden to: • Pass ex post facto laws, pass bills of attainder, suspend writ of habeas corpus, tax exports, pass laws violating the Bill of Rights, favor trade of any state, grant titles of nobility, or withdraw money without a law

45. financing government defending the country Congressional Powers providing for growth enforcing laws regulating and encouraging U.S. trade and industry SECTION 3 Question: What are the five major areas in which Congress has the power to make laws?

46. 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?

47. Section 4: How a Bill Becomes a Law Ideas for bills originate from: • 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

48. Section 4: How a Bill Becomes a Law Bills introduced in either house of Congress • Are read and placed in the Congressional Record. • Are sent to a standing committee to be studied. • Receive hearings by the committees and are amended. • The committee majority can recommend that a bill be passed. • Bills reported out of committee are placed on the calendar for debate. • The bill is voted on and sent to the other house of Congress for consideration. • Approved bills are sent to the president.

49. Section 4: How a Bill Becomes a Law Actions of the president regarding a bill: • sign the bill and declare it a law • veto the bill and send it back to Congress • hold the bill for 10 days, when it becomes a law or is killed by pocket veto

50. SECTION 4 Question: What actions can the president take regarding a passed bill? If Congress is in session, the BILL BECOMES LAW, even without a signature. SIGNS THE BILL and it becomes law The president KEEPS the BILL for 10 DAYS without signing or vetoing it: The president ACTS on a Bill If Congress is not in session, the bill is killed by POCKET VETO. REFUSES TO SIGN and sends back to Congress with rejection reasons – called a VETO.