Chapter 5 The Legislative Branch

HOLT, RINEHART AND WINSTON1

CIVICS IN PRACTICEHOLT

Chapter 5

The Legislative BranchSection 1:

The Senate and the House of Representatives

Section 2: How Congress Is OrganizedSection 3: The Powers of CongressSection 4: How a Bill Becomes a Law



The Main IdeaCongress 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?

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.




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 $174,000.




Misconduct by members of Congress:

May lead to expulsion, removal from Congress, with a vote of two thirds of other members

May lead to censure, a written reprimand




SECTION 1

Legislative MisconductHOW DESCRIPTION

written reprimand

removing a member from Congress

Censure

Expulsion

Question: In what ways does Congress deal with misconduct by its members?



The Main IdeaCongress 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?

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.




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




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.




SECTION 2

When Sessions Begin How Long They 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.

Question: When does a session of Congress begin, and how long does it last?



The Main IdeaThe 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?

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




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




Impeachment Power Impeach – accuse an officeholder of

misconduct Congress may remove official from office

with a 2/3 vote if found guilty of misconduct. Impeachment charges are brought up in the

House of Representatives. Trial is held in the Senate with the VP serving

as the judge unless the VP or President is on trial.



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




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




Congressional Powers

regulating and encouraging U.S. trade and industry

enforcing lawsproviding for growth

defending the country

financing government

SECTION 3Question: What are the five major areas in which Congress has the power to make laws?



The Main IdeaTo 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?

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




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.




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




SECTION 4Question: What actions can the president take regarding a passed bill?SIGNS THE BILL and it becomes law

REFUSES TO SIGN and sends back to Congress with rejection

reasons – called a VETO. If Congress is not in session, the bill is killed by POCKET

VETO.If Congress is in session, the

BILL BECOMES

LAW, even without a signature.

The president KEEPS the BILL for 10 DAYS without signing or vetoing it:

The president ACTS on a Bill



Chapter 5 Wrap-Up

1. Why did the framers of the Constitution create a bicameral national legislature?

2. What two methods does Congress have to deal with misconduct by its members?

3. Who leads the houses of Congress, and how are these leaders chosen?

4. Why is most of the work of Congress done through committees?

5. What special powers does each house of Congress have?6. How do bills become laws?7. What can the president do with a bill passed by

Congress?

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Chapter 5 The Legislative Branch

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