The Legislative Branch The Senate and House of Representatives

1. The Legislative BranchThe Senate and House of Representatives

2. Congress in a Nutshell • Lawmaking body of the Federal government • Composed of two houses/parts • Wanted to make sure that large and small states would be fairly represented • Often referred to as bicameral; meaning two houses • House of representatives is determined by population • Senate has equal representation • System allows each house to check the actions of the other

3. House of Representatives • Based on the population of each state • Larger states have more representatives, smaller states have fewer. • Generally 1 representative per 700,000 members of the population • Currently there are 435 Representatives in the House and that is the limit. • As population grows, the ratio of representatives to members of the population will change • Representatives are elected to 2 Year Terms • If a representative dies, the governor of the home state is required to call a special election to fill the vacancy.

4. House of Representatives - Districting • When the Census is taken, Congress determines how seats in the house are to be apportioned; which means distributed. • Voters elect their representative according to the district in which they live. • Districts are drawn so that each district is almost equal in population • District Boundaries are often oddly shaped. • This process is known as Gerrymandering; meaning the practice of drawing district lines to favor a particular party, politician, or group of people

5. The Senate • Each state is represented by two senators • Elected to Congress for 6 year terms. • 1/3 of the Senate’s membership comes up for election every two years. • Ensures 2/3 have prior experience. • If a senator dies, the Governor will appoint a person to fill the vacancy • Senators do not have term limits. If they continue to get re-elected, they can stay in office for life.

6. Qualifications • House of Representatives • Be at least 25 years old • Been a citizen for at least 7 years • Be a legal resident of the state you represent • Senate • Be at least 30 years old • Been a citizen for at least 9 years • Be a legal resident of the state you represent

7. Salary and Benefits • Yearly salary of $165,200 • Receive an allowance to pay staff members • Franking Privilege – Send mail for free • Immunity or legal protection – When Congress is in session, its members cannot be arrested in or on their way to or from a meeting in Congress. • Purpose is to ensure that they are not unnecessarily kept from performing their duties

8. Conduct of Congress • Members of Congress can challenge or question the qualifications of a newly elected member of Congress • Rarely happens – Most recent was 1996 • There is a limit to the amount of outside income a member of Congress can earn • Serious offenses can cause a member to be expelled • Requires a 2/3 vote in both Houses • Less serious offenses can bring a vote of censure which is a formal disapproval of a member’s actions • A censured member must stand alone at the front and listen to the charges against him or her.

9. Terms and Sessions • Constitution requires Congress to meet once a year • Meetings start at noon on January 3rd of every odd-numbered year • Each term of Congress is divided into two sessions. • When the legislative work is finished, both houses adjourn and the session is ended. • Both houses can meet together in a Joint Session • The President can call Congress into a Special Session for immediate and necessary action

10. Organization of Congress • 3 Rules about how Congress should be organized • Directs the House of Representatives to select presiding officers • Names the Vice President of the United States as President of the Senate • Calls for the selection of a senator to preside in the vice president’s absence • The Republicans and Democrats in each house gather separately in private meetings called Caucuses to choose their leaders • A political party with the most members is known as the majority party and the political party with the least members is known as the minority party.

11. Organization of Senate • Majority party elects one of its members to be the “President Pro Tempore” • Meaning “For the time being” • Each party has its floor leaders known as the majority and minority leader • Each party’s floor leader is assisted by a party whip • Their job is to count votes, encourage party loyalty, and ensure party members are present for important votes • Has about 20 committees that 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 • Each has a chairperson who is a member of the majority party and a ranking minority member • Generally the longest serving member of the minority party.

12. Organization of the House of Representatives • The Speaker of the House is the person who presides over the House when Congress is in session. • Always a member of the majority party • Most powerful officer in the House of Representatives • Influences the order of business in the House • Organization of Committees is the same as the Senate, although some names of committees might be different.

13. Powers of CongressDelegated Powers • Found in Section I, Article 8 of the Constitution include: • Financing Government – Authority to raise and collect taxes, to borrow money, and to print or coin money • Regulating and Encouraging American Trade and Industry – Passing laws that protect the rights of inventors • Defending the Country – Declare war and maintain armed forces • Creating Lower Courts • Providing for Growth – Laws to regulate immigration and naturalization

14. Powers of CongressImplied Powers • Congress has the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers. • Necessary and Proper Clause or Elastic Clause because of the flexibility this provides Congress • Example: Establish military academies to train officers

15. Powers of CongressImpeachment Power • Impeachment is to accuse an officeholder of misconduct. • A serious offense is Treason • Charges of the accused are drawn up in the House of Representatives • Trial of the accused if passed in House is held in the Senate. • Vice President will act as the judge • 2/3 of the Senate must find the official guilty

16. Limits on Powers • Constitution forbids Congress from: • Passing “Ex Post Facto” Laws which are laws that apply to actions that occurred before laws were passed • Passing bills of attainder – Laws that sentence people to prison without a trial • Suspending Habeas Corpus • Taxing Exports • Passing laws that violate Bill of Rights • Favoring trade of a state • Granting titles of nobility • Withdrawing money without law