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Government honors: Chapter 4The Legislative Branch1Section 1: National Legislature OverviewThe founders designed a system to keep legislature power in check through both the checks and balance system and federalism2Section 1: National Legislature Overview5 Major Roles of Congressperson:LegislatorRepresentative of their constituentsCommittee membersServants of their constituentsPoliticiansSection 1: National Legislature Overview4 Voting Options of a Congressperson:Delegates- agents of the people who elected themMay contradict their own personal viewsTrustees- each question must be decided on its meritConscience and judgmentPartisans- owe their allegiance to their political partyPoliticos- Combination and some sort of balance of the threeSection 1: National Legislature OverviewBills- proposed lawsHave to be screened by a committeeCommittees then decide which will move on to floor consideration- be considered and acted upon by the full membership of the house or senateOversight function- process by which Congress, through its committees, checks to see that the executive branch agencies are carrying out the policies that Congress has setSection 1: National Legislature OverviewCongress meets for 2 year terms20th Amendment changed the start date for those terms in 1933March 4th to the 3rd day of January1 session each year- 2 per termSession- period of time which Congress assembles and conducts businessRecess- temporarily suspends businessSection 1: National Legislature OverviewOnly the President may call a special sessionCalled much less now that Congress meets more oftenSection 1: National Legislature OverviewCongress is in charge of their own payModified by the 27th AmendmentNo increase can take effect until the next congressional election$174,000Section 1: National Legislature OverviewCongress also receives:Tax deductionsTravel allowancesHealthcareRetirement planFree officeFunds for staff membersFranking privileges- free mail for businessSection 2: The Two HousesThe House of Representatives435 membersNot fixed by the constitutionSet by CongressBased on populationEach state must have at least 1 seatSection 2: The Two HousesTerritories get a delegate but they are not full fledge members of the house and dont get to vote on bills2 year termsNo term limitsSeats are reapportioned every 10 yearsFollowing a censusSection 2: The Two HousesReapportionment act of 1929automatic reapportionmentPermanent size of the house is 435Following each census is when house is reapportionedWhen the Bureaus plan is ready the President must send it to CongressIf within 60 days of receiving it, neither house rejects the Census Bureaus plan, it become effective

Section 2: The Two HousesConstitution makes no mention of congressional districtsStates could choose between general ticket system- vote at large or can vote for a candidate for each one of states house seatsA single-member district- votes in each district elect 1 of the house members for that districtMost states chose single-member districtsGeneral ticketing system was done away with in 18421842 law set up how districts were formed in a state- set up by the state1872- equal number of inhabitants1901- compact territoryNot enforced and left out of 1929 legislationSection 2: The Two HousesGerrymandering- Massachusetts Governor Elbridge Gerry- districts have been drawn to benefit a political party by state legislatureWesberry v. Sanders- states must draw congressional districts of roughly the same populationSupreme Court also ruled districts cannot be drawn based on raceStill possible to gerrymanderSection 2: The Two HousesElections;1st Tuesday (following a Monday in November) in November of even numbered yearsOff year elections (midterm elections)= non presidential even number election years

Section 2: The Two HousesFormal Qualifications:25 years oldCitizen for 7 yearsLive in the state they are electedLive in the district they represent (custom)1969- Powell v. McCormack- Supreme Court said if they meet constitutional requirements, they cannot be excluded if elected5 members have been expelled in US HistoryA few have resigned facing expulsionIncumbent- person who currently holds office90% win re-election when running

Section 2: The Two HousesSenate- upper houseMuch smallerLonger terms in officeRepresents the entireStateOriginally chosen by state legislatures17th amendment- 1913- direct election of senatorsOnly 1 seat is open at a time6 year termsNo term limitsContinuous body- all of its seats are never up for election at the same time

Section 2: The Two HousesConstituencies- the people and interests the senators representQualifications:30 years oldCitizen for 9 yearsInhabitant of the state they are elected fromSection 3: The Expressed PowersUS is a limited governmentFederal system also limits powerCongress only has the power given to it in the ConstitutionSome powers are denied to CongressWritten in the ConstitutionSilenceFederal systemSection 3: The Expressed PowersExpressed powers- explicitly written in the ConstitutionImplied powers- reasonably deducted from the ConstitutionInherent powers- powers given because its a national governmentSection 3: The Expressed PowersCongress has the power to regulate interstate commerce and foreign tradeCommerce clauseGibbons v. Ogden- 1824Regulation of steamboatsSupreme Court ruled that it was Congress because they had the power to regulate interstate commerceRuled the same way with railroads a few years laterExtension of congressional powerHas limits: US v. Lopez- court ruled Congress didnt have the authority to make gun laws for school propertiesSection 3: The Expressed Powers4 Specific limitsCannot tax exportsCannot favor ports of one state over another stateCannot be forced to pay duties state to stateCouldnt interfere with the slave trade until 1808Section 3: The Expressed PowersCongress is given the power to tax by the ConstitutionWas the leading power missing from the Articles of ConfederationTax- charge levied by government on persons or property to raise money to meet public needsNon-rule following examples: Protective Tariff, some sin taxes, licenses for dealing with controlled substancesSection 3: The Expressed PowersLimits:Taxes on church functionsPoll taxes (24 Amendment)Not for private benefitMay not tax exportsDirect taxes must be apportioned among the states based on populationDirect tax- paid directly to the government by the person on whom its imposedFederal taxes must be uniform throughout the states

Section 3: The Expressed PowersCongress has the power to borrow moneyDone by the treasuryCongress has put a ceiling on the public debt (all the money borrowed by the federal government over the years and not yet repaid, plus the accumulated interest)Ceiling is regularly raisedDeficit financing- regularly spends more than it makes and borrows the differenceBankruptcy- legal proceeding in which the bankrupts assets are distributed among those to whom a debt is owedState and federal government have concurrent powers to regulate bankruptcy but federal government has broadened its power so much-almost all are now heard in federal courtSection 3: The Expressed PowersCongress has the sole power to coin money1st national bank in 1791- power to issue paper moneyNot legal tenderLegal Tender- any kind of money that a creditor must by law accept in payment for debtsDone in 1862- greenbacksSection 3: The Expressed PowersOther Domestic Powers:Copy rights and patentsPostal powersAcquire, manage, and dispose of various federal areasPower of eminent domainPower to take private property for public useMust pay a fair priceWeights and MeasuresNaturalizationJudicial PowersCreate federal courts Define federal crimesSet punishmentsSection 3: The Expressed PowersCongress and Foreign Policy:Power to declare warRaise and support armiesProvide and maintain a navyRules for military forces

Section 3: The Expressed PowersWar Powers Resolution- 1973President can only commit troops to combat if:Congress has declared warCongress has specifically authorized military actionAn attack on the US or its military force has occurredMust repot to Congress in 38 hoursMust end within 60 days unless Congress agrees to longer