Everything You Need to Know About the Legislative Branch

1. Article I The Legislative Branch Everything You Need to Know About the Legislative Branch

2. The House of Representatives Minimum of 25 years of age U.S. citizen for 7 years Resident of the district they represent The Senate Minimum of 30 years of age U.S. citizen for 9 years Resident of the state they represent Article I- The Legislative BranchREQUIREMENTS

3. The House of Representatives 2 year terms (All up at the same time) 435 total members(this # is set by law) Direct elected Representation proportioned by population The Senate 6 year terms (staggered-1/3 of Senate is up for reelection every 2 years) 100 total members(this # is set by Constitution) Equally represented(2 per state) State Leg. elected orig.17th Amendment- Direct elections Article I- The Legislative BranchTERMS

4. War Powers -Declare War -To raise and support armies -To provide and maintain a navy -To provide for organizing the militia Governmental Powers -To establish rules of naturalization -To establish post offices -To establish and enforce patents -To define and punish piracy and other crimes against the nation- TREASON -Establish courts Article I- The Legislative BranchENUMERATED POWERS- Article 1, Section 8 Financial Powers -To lay and collect taxes, duties to pay debt -To borrow $ -To regulate interstate and foreign commerce -To coin $ -Punish counterfeiting The Elastic Clause To make all laws which shall be “necessary and proper”WHY IS THIS POWERFUL????

5. Article I- The Legislative BranchOTHER POWERS • Impeachment -HOUSE: Impeaches-SENATE: Holds trial (2/3) • Power of the Purse: Congress controls the purse strings • Proposition of Constitutional Amendments-Must pass both houses by 2/3 majority • POWERS DENIED= CONGRESS MAY NOT.. • Ex Post Facto laws • Bills of Attainder • Suspension of Habeas Corpus

6. Major Functions of Congress • RepresentationDelegate Theory vs Trustee Theory • At Large vs Single District Representation • Individually Responsive, not Collectively Responsive • Lawmaking a. Pork Barrel b. Logrolling • Oversight- Power to investigate • Confirmation & Ratification (Senate only)

7. Legislative Checks On the Judicial Executive * Create lower federal courts Legislative Checks On the Executive * Can impeach and remove judges * Confirms executive appointments * Approves appointments of federal judges * Ratifies treaties (2/3) * Can propose amendments to overrule judicial decisions * Appropriates money * Can override President’s veto (2/3) * Can impeach and remove President Judicial Legislative

8. SENATE -Vice President*only power is to break ties -President Pro Temp*figure head position -Majority Leader (MOST POWER)/Minority Leader -Majority/Minority Whips Article I- The Legislative BranchLeadership

9. HOUSE LEADERSHIP SOTH MAJ. LEADER MIN. LEADER MIN.WHIP MAJ. WHIP OTHER LEADERSHIP POSITIONS HOW DO THEY SELECT LEADERSHIP POSITIONS

10. The Legislative Branch& Congress SHOULD CONGRESS LOOK LIKE AMERICA?

11. Facts About the 111th Congress • AVERAGE AGESenate- 63 yearsHouse- 57 years • HOUSE MEMBERSHIPDemocrats- 197Republicans- 240 • SENATE MEMBERSHIPDemocrats- 51 • Republicans-47Independents- 2 (Joe Lieberman, Bernie Sanders) • AVERAGE LENGTH OF SERVICEHouse- 9.8 yearsSenate- 11.4 years

12. American Demographics

13. Makeup of 111th Congress-WOMEN • Gender makeup of Congress • 17% of House is female (76); 83 % of House is male (358) • #’s provided by CRS • Gender makeup of the Senate • Female: 17% (17)Male: 83% (83)

14. African Americans in Congress • In the House of Reps:-43 members areAfrican Americans (10%) compared to 393 who are other (90%) • In the Senate, there are 0 African Americans (PROBLEM????) • African Americans makeup 14% of the population

15. Hispanics in Congress • In the House, there are:29 (5%) Hispanics compared to 407 non Hispanics (95%) • In the Senate, there are 2 Hispanics (PROBLEM????) • Hispanics makeup 15% of the population and is the largest minority demographic

16. Asian Americans In Congress • There are 2 Asian Americans in Senate (2%) • There are 7 Asian Americans in the House (1%) • Asians makeup 3.6% of the U.S. Population

17. The Legislative BranchApportionment and Gerrymandering

18. Key vocab and their connections • Census • (Re)Apportionment • Redistricting • Gerrymandering • Packing/Cracking/Kidnapping

19. The Legislative BranchApportionment and Gerrymandering Baker v Carr Facts Charles Baker (P) was a resident of Shelby County, Tennessee. Baker filed suit against Joe Carr, the Secretary of State of Tennessee. Baker’s complaint alleged that the Tennessee legislature had not redrawn its legislative districts since 1901, in violation of the Tennessee State Constitution which required redistricting according to the federal census every 10 years. Baker, who lived in an urban part of the state, asserted that the demographics of the state had changed shifting a greater proportion of the population to the cities, thereby diluting his vote in violation of the Equal Protection Clause of the Fourteenth Amendment. Outcome Tennessee must, as accurately as possible, demonstrate shifts in population and fairly develop redistricting schemes.

20. The Legislative BranchApportionment & Gerrymandering / Malapportionment Wesberry v Sanders Facts of the Case James P. Wesberry, Jr. filed a suit against the Governor of Georgia, Carl E. Sanders, protesting the state's apportionment scheme. The Fifth Congressional District, of which Wesberry was a member, had a population two to three times larger than some of the other districts in the state. Wesberry claimed this system diluted his right to vote compared to other Georgia residents. Outcome -The Court held that Georgia's apportionment scheme grossly discriminated against voters in the Fifth Congressional District. -Because a single congressman had to represent two to three times as many people as were represented by congressmen in other districts, the Georgia statute contracted the value of some votes and expanded the value of others. -The Court recognized that "no right is more precious" than that of having a voice in elections and held that "[t]o say that a vote is worth more in one district than in another would not only run counter to our fundamental ideas of democratic government, it would cast aside the principle of a House of Representatives elected 'by the People. . .'“ ONE MAN, ONE VOTE (Equality in Rep)

24. North Carolina’s Congressional districts

25. The Legislative BranchApportionment and Gerrymandering Shaw v Hunt •Residents of North Carolina challenged a plan to create two congressional districts on the ground that the proposed districts were racially gerrymandered. On initial review, a three-judge District Court panel dismissed the action only to have its decision reversed and remanded to it by the Supreme Court. However, the Court's standard for review left very little room for racial engineering of congressional voting districts. On remand, the District Court found the redistricting plans to be racially tailored and, therefore, unconstitutional. Again, the matter was appealed to the Supreme Court. •After noting the challenged district's unusually non-compact serpentine shape, and the appellants' admission that the districts' were primarily designed to create black voting majorities, the Court applied "strict scrutiny" to the facts at hand. •Finding no narrowly tailored plans aimed at serving a compelling state interest that would justify the creation of racially gerrymandered districts, the Court concluded that the redistricting plans violated the Fourteenth Amendment's equal protection clause.

26. Miller v. Johnson, (1995), was a United States Supreme Court case concerning "affirmative gerrymandering/racial gerrymandering", where racial minority majority electoral districts are created during redistricting to increase minority Congressional representation. The case was brought to court by white voters in the Eleventh Congressional District of the state of Georgia. The irregularly shaped district, which stretched 6,784.2 square miles from Atlanta to the Atlantic Ocean was created to encompass enough of Georgia's African-American population to create a district where an African-American would have a high chance of being elected. The court ruled against the district, declaring it to be a "geographic monstrosity". It was declared unconstitutional under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, according to the interpretation in Shaw v. Reno (1993). Miller v. Johnson(1995)

29. Missouri’s 8 Congressional districts

30. Congress and Incumbentshttp://www.opensecrets.org/bigpicture/reelect.php Is an election to Congress a position for life?

31. TERM LIMTS PRO & CON

32. How A Bill Becomes a Law

34. General Knowledge • Founders believed in a SLOW process • Founders believed efficiency was a trait of an oppressive government • Founders purposely created a system where it was difficult to pass legislation…WHY? • It forces COMPROMISES and DIALOGUE

35. 5 SETS OF POLITICAL FORCES • POLITICAL PARTIES • COMMITTEES • CAUCUSES • RULES OF LAWMAKING • THE PRESIDENT

36. How A Bill Becomes a Law STARTING IN THE HOUSE • The bill can come from a variety of sources: Individual citizens, Special interest groups, Corporations, Non-governmental organizations (NGOs) • Only a member of Congress can introduce the bill • Most ideas for bills comes from the Executive Branch. • Step #1: Legislation is written by Rep. • Step #2: Introduction -The “Hopper” -HR # (H.R. 911) • Once introduced, the SOTH decides what committee the bill should be sent to. He may also send it to more than 1 committee.-WHY IS THIS AN IMPORTANT DECISION?

37. How A Bill Becomes a Law • Step #3: Committee -Led by Chairman & Ranking Member-WHO CHOOSES CHAIRMAN OF COMMITTEES???? -WHY IS THIS AN IMPORTANT CHOICE?? -There are 4 types of committee (St,Se/Sp,J,C) -There are 19 committees in the House -Major committees: Appropriations, Budget, Rules, Ways and Means. • HOW DO YOU RECEIVE YOUR COMMITTEE ASSIGNMENTS?-In the House, the top committee slots are effectively decided by the Republican and Democratic party leadership along with seniority + preference. • Importance of Committee -Hearings: public input, interest group input -Mark Up Session- this is where the bill is usually changes or amended and finally voted on; -This is where most work is done-SMALLER/SPECIALIZED • -This is where most bills die (90% of bills never get out of committee) -Committees have GATEKEEPING AUTHORITY; PROPOSAL POWER; OVERSIGHT POWERS • Committees can Pass/Amend/Kill/Pigeon Hole (also known as tabling); Discharge Petition • -If bill is passed, it is written up in a committee report, giving the reasons for its passage

38. How A Bill Becomes a Law • Step #4: The Rules Committees-Once bill has been approved by committee, it is sent to Rules committee to determine rules of debate • The consideration of a measure may be governed by a "rule.“= sets out the particulars of debate for a specific bill – (1)how much time will allowed for debate, (2)whether amendments can be offered, and other matters. • Debate time for a measure is normally divided between proponents and opponents. • Chairman directs his side; ranking member directs his side

39. How A Bill Becomes a Law • Step #5: Full House Debate-**Rules Committee/SOTH decides when to schedule debate-Members may speak on issue and bring up amendments if allowable-Members may not speak about one another in negative manner • House may Pass/Amend/Kill • Voting is done electronically

41. How A Bill Becomes a Law • If bill passes House, it starts all over in Senate-Introduction-Sent to Committee (decided on by Rules Committee) • ***In the Senate, seniority is still the determinant for the choice of committee chairs and ranking minority members on Senate committees • There are 16 committees in the SenateMajor committees: Armed Services,Budget, Foreign Relations, Judiciary, Rules

42. How A Bill Becomes a Law • The Senate gives its Majority Leader the primary responsibility for deciding the order in which bills on the Calendar should come to the floor for action. • The motion to consider a bill usually is debatable and, therefore, subject to a filibuster. • It is to avoid this danger that the Majority Leader attempts to get all Senators to agree by unanimous consent to take up the bill he wishes to have debated. Senate debate -Different from House: Unlimited time -Different from House: Amendments

43. How A Bill Becomes a Law • The Filibuster-Since time is unlimited, Senators may threaten to filibuster; non stop speech -Only way to stop is by Cloture Vote (60) • Longest filibuster: Strom Thurmond in 1957 for 24 hrs 18 minutes • Senate may Pass/Amend- EARMARKS /Kill bill • If passes House & Senate but in different forms, conference committee is set up -Conf comm.: irons out differences between the 2 bills -Once conf comm. Creates compromise it is sent back to both chambers for a 1 time vote • If passes House & Senate with same bill, or after conference comm., then goes to the President

44. Legislation Graph

46. How A Bill Becomes a Law • The President has 3 actions that can be taken: 1. Sign bill-- Becomes LAW 2. Veto bill- sent back to Congress for a 2/3 override vote -Not likely to happen -http://interlink-cafe.com/uspresidents/vetos.htm 3. Sit on it -If Congress is in session after 10 days--LAW -If Congress not is session after 10 days- Pocket Veto