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The legislative branch

The legislative branch. Chapter 5. Focus. Agenda. Members of Congress Organization of Congress Powers of Congress Passing a Bill. Members of Congress. Bicameral system Article I House of Representatives Senate. Members: House of Representatives. 435 members Limit on members

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The legislative branch

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  1. The legislative branch Chapter 5

  2. Focus

  3. Agenda • Members of Congress • Organization of Congress • Powers of Congress • Passing a Bill

  4. Members of Congress • Bicameral system • Article I • House of Representatives • Senate

  5. Members: House of Representatives • 435 members • Limit on members • 1789 = 65 Representatives • Each member represents a Congressional District • Area of a state that includes about 600,000 people • Number of districts depend on a state’s population

  6. Members: House of Representatives • Every 10 years, Congress decides how districts will be apportioned or distributed by using the Census. • If a state’s population increases • State will gain seats • If a state’s population decreases • State will lose seats

  7. Members: House of Representatives • If a state loses or gains seats, district lines need to be redrawn • Gerrymandering is the practice redrawing district lines to favor a person or political group.

  8. Members: House of Representatives • Gerrymandering in the Animal Kingdom

  9. Members: House of Representatives • Congressional elections are held on even years • 2010, 2012… • Each term is two years • If a representative dies, the state governor calls a special election

  10. Members: House of Representatives • Qualifications according to Article I of Constitution: • Must be at least 25 years old • United States citizen for at least 7 years • Resident of the state represented

  11. Members: House of Representatives Could these people run for the House of Representatives?

  12. Members: Senate • 100 members • 2 per state • 1789 = 26 Senators • Senators represent whole state

  13. Members: Senate • Elections are held on even numbered years • 2010, 2012… • Each term is 6 years • If a Senator dies, the governor appoints a replacement until the next election

  14. Members: Senate • Qualifications according to Article I of the Constitution: • Must be at least 30 years old • United States citizen for at least 9 years • Resident of the state represented

  15. Members: Senate Could these people run for the Senate?

  16. Members: Salary and Benefits • Annual salary of $174,000. • Members have offices in the Capitol building and receive an allowance to pay staff • Member perks: • Free trips of their home state • Franking Privileges: Mail official letters and packages for free

  17. Members: Rules of Conduct • Rules of Conduct • Each house has its own written rules for conducting business • Constitution – Article I • The House Rules and Manual and The Senate Manual • Example: In the Senate Manual, it talks about a filibuster, or a method of delaying action on a bill by making long speeches

  18. Members: Rules of Conduct • Expulsion • If a member commits a serious offense, the member could be expelled from office. • Expulsion means that a person must give up their seat.

  19. Members: Rules of Conduct • Censure • Less serious offenses may bring a vote of censure, or formal disapproval of a member’s actions. • A censured member must stand alone at the front of the House or Senate and listen as their charges are read.

  20. Organization: House of Representatives • The highest officer in the House of Representatives is called the Speaker of the House • Elected by members of the House to make sure that everything runs smoothly • Member of the majority party John Boehner (pronounced Bayner) (R)

  21. Organization: House of Representatives • Duties of the Speaker of the House • Assign legislation to committees for discussion and preparation • Decide the legislative agenda for a session of the House • Decide when and who can speak on an issue • Duties of the Speaker of the House • Assign legislation to committees for discussion and preparation • Decide the legislative agenda for a session of the House • Decide when and who can speak on an issue

  22. Organization: Senate • Constitution states that the Vice President is the presiding officer over the Senate. • When the Vice President cannot make it, the President Pro Tempore presides. • Members of the Senate vote for the President Pro Tempore.

  23. Organization: Senate • Vice President and President Pro Tempore are mainly symbolic  Vice President Joe Biden President Pro Tempore Patrick Leahy

  24. Organization: Party Leaders and Whips House of Representatives – Party Leaders • In each house, members of the majority and minority parties have a floor leader and a whip. • Floor leaders act as spokespersons for their parties. • Work to persuade members of both parties to vote for specific laws. Eric Cantor (R) Nancy Pelosi (D) Senate – Party Leaders Mitch McConnell (R) Harry Reid (D)

  25. Organization: Party Leaders and Whips House of Representatives – Whips • Whips assist the floor leaders in communicating with party members. • “Whip” members into shape. Kevin McCarthy (R) Steny Hoyer (D) Senate – Whips John Cornyn(R) Richard Durbin (D)

  26. Organization: Committees • Congress divides itself into different committees that focus on specific subject areas. • Examples: Education, Agriculture, Science, etc. • Led by a chairperson who guides and sets priorities for their committees. • Members are chosen by their political parties

  27. Organization: Committees • Committees have 3 main roles • Research specific subjects – holding hearings to get advice from experts • Write legislation – write laws that are related to their specific subject areas • Decide whether to send legislation to the floor – important enough for a vote

  28. Organization: Committees • There are four types of committees: • Standing • Joint • Select • Conference

  29. Organization: Committees • Standing Committee • Permanent groups set up that are responsible for specific subject areas. • Divided into sub-committees • Examples • Veterans Affairs • Homeland Security • Agriculture • Education

  30. Organization: Committees • Joint Committee • Permanent committees made up of members of both houses • They investigate issues and make recommendations but don’t write bills.

  31. Organization: Committees • Select Committee • Committees created to study an issue or event • Examples: • Energy Independence and Global Warming

  32. Organization: Committees • Conference Committee • Committees formed when the two houses can’t agree on the details of a bill

  33. Organization: Committees • Facts of Congress

  34. Powers of Congress: Expressed Powers • Expressed Powers • Powers specifically stated in Article I of the Constitution • Examples • Decide how to raise money by setting taxes and borrowing funds • Decide how to spend money for the benefit of the nation • Regulate commerce among states and foreign nations • Declare war • Coin money • Regulate process of becoming a citizen • Create post offices • Create an army/navy

  35. Powers of Congress: Implied Powers • Implied Powers • Powers the Constitution gives Congress that are not listed in detail. • The Constitution gives Congress the power to “make all laws which shall be necessary and proper”. • This is known as the Elastic Clause. • Collect taxes – members don’t go collect taxes directly. Created the IRS.

  36. Powers of Congress: Special Powers • Non-legislative and Special Powers • Related to placing checks and balances • Powers shared by both Houses • Investigate issues and events by holding hearings • Proposeamendments

  37. Powers of Congress: Special Powers • Unique Powers of the House of Representatives • Impeach, or formally accuse of wrong-doing, government officials – most importantly, the President. • Choose the President if there is no majority in the Electoral College

  38. Powers of Congress: Special Powers • Unique Powers of the Senate • Approve treaties • Approve presidential appointments • Conduct the trial when the House impeaches an official

  39. Powers of Congress: Limits on Power • Ex Post Facto Laws • laws that make an act illegal, then allow the government to punish those who committed the act before it was made illegal. • Bill of Attainder • laws that provide for the punishment of specific people or group of people without a trial.

  40. Powers of Congress: Limits on Power • Writ of Habeas Corpus • Right to know what you are tried for. Congress can’t take away this right except during civil war or invasion. • Cannot show favoritism or give titles of nobility.

  41. Passing a Bill: Introduction • Introduction of a Bill • Any member of either house can introduce a bill • Ideas for bills come from the President, businessmen, farmers, and ordinary citizens.

  42. Passing a Bill: Introduction • Bills can be introduced in both houses. • The only exception to this rule is an Appropriations Bill, or one approving the spending of money, which must begin in the House of Representatives.

  43. Passing a Bill: Committees • Bill is sent to Committee • The Bill is sent to a standing committee. The subject of the bill determines which committee will receive the bill. • The committee can decide to: • Make no changes to the bill • Rewritethe bill • Ignorethe bill which “kills” the chance of it becoming a law • Send it to a subcommittee for more study and investigation

  44. Passing a Bill: Committees • If a bill is sent to a subcommittee: • The subcommittee then reports back to the larger committee and decides what to do with the bill. • The larger committee then votes to send it to the floor to be debated • If the floor votes “no”, the bill is sent back to the committees. If it votes “yes”, it is sent to the other house of Congress.

  45. Passing a Bill • Once it is in the other house of Congress, it goes through the committee process again. • After the committee approves the bill, it will be debated and voted on. • If the vote is “no”, the bill is sent back to the committees. If the vote is “yes”, the bill is sent to a Conference Committee.

  46. Passing a Bill: Committees • Bill is sent to Committee • The Bill is sent to a standing committee. The subject of the bill determines which committee will receive the bill. • The committee can decide to: • Make no changes to the bill • Rewrite the bill • Ignore the bill which “kills” the chance of it becoming a law • Send it to a subcommittee for more study and investigation

  47. Passing a Bill: Committees • If a bill is sent to a subcommittee: • The subcommittee then reports back to the larger committee and decides what to do with the bill. • The larger committee then votes to send it to the floor to be debated • If the floor votes “no”, the bill is sent back to the committees. If it votes “yes”, it is sent to the other house of Congress.

  48. Passing a Bill • The Conference Committee resolves any differences between the House and Senate versions of the bill • The Bill is sent back to both houses for a finalvote

  49. Passing a Bill • Approved bills are sent to the President who can sign the bill into law or veto it. • If the President vetoes the bill, it is sent back to the House and Senate where they can vote to overridethe veto with a 2/3 vote. • Finally the bill becomes a law

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