LEGISLATIVE BRANCH. Chapter 5 Focus 1-2 (p. 123) How does apportionment of membership in the House...

LEGISLATIVE BRANCH

Chapter 5 Focus 1-2 (p. 123)

• How does apportionment of membership in the House of Representatives in districts provide representation to local voters?

• What are the key common characteristics of members of Congress?

• Why are committees more important in the House than they are in the Senate?

• Why is the Rules Committee one of the most powerful in the House?

Chapter 12 Focus 1 (p. 355)

• How does apportionment of membership in the House of Representatives in districts provide representation to local voters?

• What are the key common characteristics of members of Congress?

• Why are committees more important in the House than they are in the Senate?

• Why is the Rules Committee one of the most powerful in the House?

Focus Questions 5-3,4 (p. 138)Focus Questions 5-3,4 (p. 138)• Why does the Senate have fewer rules and a Why does the Senate have fewer rules and a

less formal atmosphere than the House?less formal atmosphere than the House?• Why does the Senate usually take longer than Why does the Senate usually take longer than

the House to pass a bill?the House to pass a bill?• Why are several different kinds of committees Why are several different kinds of committees

necessary in the House and Senate?necessary in the House and Senate?• Why are committee chairpersons considered Why are committee chairpersons considered

the most powerful members of Congress?the most powerful members of Congress?

Focus Questions 6-1 (p. 157)Focus Questions 6-1 (p. 157)

• Why are the money powers that are granted Why are the money powers that are granted to the Congress by our founders so to the Congress by our founders so important?important?

• How has the commerce clause enabled How has the commerce clause enabled Congress to apply a loose interpretation to Congress to apply a loose interpretation to the Constitution?the Constitution?

• On what types of issues did the Founders On what types of issues did the Founders restrict congressional actions with the restrict congressional actions with the addition of the Bill of Rights?addition of the Bill of Rights?

Focus Questions 6-2,3 (p. 167)Focus Questions 6-2,3 (p. 167)• In what ways are a witness’s rights in a In what ways are a witness’s rights in a

congressional investigation similar to and congressional investigation similar to and different from a witness’s rights in court?different from a witness’s rights in court?

• By what methods does Congress exerciese By what methods does Congress exerciese its power of legislative oversight?its power of legislative oversight?

• How have the characteristics of the How have the characteristics of the Americal system led to competition and Americal system led to competition and conflict between Congress and the conflict between Congress and the president?president?

• Why has power shifted back and forth Why has power shifted back and forth between the president and Congress over between the president and Congress over the years?the years?

AP Writing- due Thurs. 2/28• For this writing assignment:

– Type, double space– Add (and properly cite) at least 4 articles on current, applicable

events.

• Topic: Federalism today. • Main points:

– What role does the federal government play in our present-day society?

– Give examples of proper use of federal power/state power.– Give examples of misuse of the same powers.– Give your opinion: What is the proper balance?

AP Reading:• For this writing assignment:

– Chapter 3: Federalism: pp. 67-93.

– Reading due by Thursday, 2/28

Project: You teach it!Project: You teach it!• Your group will TEACH THE CLASS 1 lesson in Your group will TEACH THE CLASS 1 lesson in

the coming weeks.the coming weeks.• I will provide you with the notes section and a due I will provide you with the notes section and a due

date. You will then add to it as you see fit (video date. You will then add to it as you see fit (video clips, activities, games, etc).clips, activities, games, etc).

• The criteria upon which you will be graded are:The criteria upon which you will be graded are:– OverallOverall– Research (know what you’re talking about)Research (know what you’re talking about)– Getting all of the main points in.Getting all of the main points in.– Key vocabulary and explanation.Key vocabulary and explanation.


• Why is it easier to defeat legislation than to pass it?

• Create a chart showing the positive and negative implications of the lengthy process through which all bills must go before becoming laws.


• Why is it easier to defeat legislation than to pass it?

• Create a chart showing the positive and negative implications of the lengthy process through which all bills must go before becoming laws.


• What authority does Congress have over how the national government will raise and spend money?

• What is the procedure whereby Congress provides money to the executive agencies and departments?

• When Congress votes to begin a government program, what process is followed to fund that program?

Chapter 12 Focus 5 (p. 355)• What authority does Congress have over how the

national government will raise and spend money?

• What is the procedure whereby Congress provides money to the executive agencies and departments?

• When Congress votes to begin a government program, what process is followed to fund that program?

CONGRESS

• Most basic function of gvt: make laws

• Bicameral: two houses

• Gives representation to both large and small states

CONGRESS

• House of Representatives: based on states’ population

• Senate: 2 senators per state, small states greater representation

Sen John Cornyn, TX

• Attorney from San Antonio

• 1st San Antonian elected US Senator

Sen Ted Cruz

• ‘Tea Party’ promoted to fill Kay Bailey Hutchinson’s seat.

• Made a ‘comeback’ in 2012 midterms.

• Very active

CONGRESS

• Session: one meeting per year; Congress adjourns at end of year

• Special session: called by President for pressing issue

HOUSE OF REPRESENTATIVES

• Apportioned (distributed) by population

• 435 members, 2 year terms

• Reapportioned every 10 years-census

Ted Poe, House Dist. 2, TX


• State legislatures draw congressional boundaries

• Gerrymandering: drawing districts to benefit state’s dominant party


• Single member districts: one congressman for each district

• Before 1842, at-large: all representatives voted on by whole state

The Congressional Districts of Texas

The Congressional Districts of Houston


• Requirements: 25 yrs old, citizen for 7 years, live in the state

• No felony convictions• No term limits; Even year

elections, 2 years


• Off year elections: in odd years to fill vacant seat

STOPSTOP

LEGISLATIVE BRANCH

SENATE• 100 members, 2 from each

state• 6 year terms; 1/3 up for

election every 2 years• Special elections if seat

vacated

SENATE• Continuous body: majority of

senate seats never up for election

• Less responsive to voters, public opinion

• Each member has more power

SENATE• Senate designed to be more

conservative: originally elected by state legislatures, not people

• 17th Amendment, 1913: direct popular election

SENATE

• Qualifications: 30 years old, citizen 9 years, citizen of represented state, not convicted felon-

MEMBERS OF CONGRESS

• Generalizations: most are upper middle class/ wealthy, male, more women and minorities

• Previous experience lower levels of gvt

Margaret Chase Smith

• 1st woman to serve in both House and Senate

• Republican, Maine

MEMBERS OF CONGRESS

• Philosophies of representation

• 1. Trustees: judge each bill’s merits, use own conscience and independent judgment

MEMBERS OF CONGRESS

• 2. Delegates: represent their constituents views

• 3. Partisans: vote in line with party

• 4. Politicos: all the above

MEMBERS OF CONGRESS

• Representatives of constituents• Servants of constituents• Act as legislators• Committee members• Politicians

MEMBERS OF CONGRESS

• Compensation (pay): set by Congress, but only by previous session

• Fringe benefits: tax deductions, travel allowance

MEMBERS OF CONGRESS

• Fringe benefits (cont.): cheap health/life insurance, free clinic, cheap military hospitals, pension plan, office, staff, franking (free mail)

MEMBERS OF CONGRESS

• Free printing, distribution, free office décor, free Library of Congress research, 2 free gyms

MEMBERS OF CONGRESS

• Immunity from prosecution during session, except for non-criminal offenses

• Immunity from libel and slander during session

POWERS OF CONGRESS

POWERS OF CONGRESS

• 1. Expressed powers: listed expressly in Constitution

• 2. Implied Powers: reasonably implied, elastic clause, “Necessary and Proper”

POWERS OF CONGRESS

• 3. Inherent Powers: powers independent states possess

POWERS OF CONGRESS

• Strict constructionists: interpret Constitution strictly, prevent national gvt from taking power from citizens and states

Pres Jefferson-Strict Constructionist

POWERS OF CONGRESS

• Liberal or loose constructionists: interpret constitution loosely-governmental activism, weak state gvt, more powerful national gvt

Liberals vs. Conservatives

Sec of Treasury Hamilton-Loose Constructionist

POWERS OF CONGRESS

• Before Civil War (Antebellum Period): states had more power

• Postbellum: national gvt power grows

POWERS OF CONGRESS

• Periods of war, crisis: national gvt more powerful

• Example: Civil War, Lincoln suspends many civil rights, incl. habeas corpus

Lincoln-Wartime Dictator?

EXPRESSED POWERS• Power to tax: most important gvt

power, power to destroy• 90 of gvt income-revenue-from

taxation• IAW Constitution; income tax

unconstitutional until 16th Amendment, 1913

POWER TO TAX

• Taxes only allowed:

• 1. For public purposes, not private benefit

• 2. Imports (tariffs, duties), not exports

POWER TO TAX• 3. Apportioned according to

population of states (CT citizens not taxed more than TX citizens per capita)

• 4. Indirect taxes uniform among states

POWER TO TAX

• Direct taxes: income tax, real estate tax

• Indirect tax: paid by business, passed on to consumers- (gasoline tax)

EXPRESSED POWERS• POWER TO BORROW: no

constitutional limit• Deficit: amount a gvt spends

over its annual income• Public debt: grand total of

money owed for all years

POWER TO BORROW

• 1960s, Pres L. Johnson: “War on Poverty” on top of Vietnam creates huge deficits

• Democratic Congresses enlarge popular programs

Pres Lyndon B. Johnson

POWER TO BORROW• 1980s: Pres Reagan increases

defense spending to end Cold War

• Reagan had to compromise with Dem Congress and allow increased social spending

Pres Ronald Reagan

POWER TO BORROW

• Public debt increases; Congress needed to borrow money to pay interest

EXPRESSED POWERS• COMMERCE POWER:

limited power to regulate trade—interstate and foreign business, incl. transportation means

• Increases power of national gvt

COMMERCE POWER

• Used to break monopolies

• Civil Rights Act 1964: prohibit discrimination in hotels, theaters, restaurants, used commerce power

COMMERCE POWER• Limits: No taxing exports, no

favoring one state over another, vessels only pay duties in first state entered, slave trade compromise (now obsolete)

EXPRESSED POWERS• CURRENCY POWER: power

to coin money• Legal tender: must be

accepted in payment of debts• Paper money allowed by court

decision 1871

EXPRESSED POWERS

• Bankruptcy: Congress may regulate bankruptcy laws throughout the USA

• War powers: declare war, defense budget

EXPRESSED POWERS• Naturalization: process to

become a citizen• Postal Power: post offices

and postal roads, prevent use of mail for fraud or illegal materials

EXPRESSED POWERS• Copyrights: right to publish,

reproduce, and sell creative work

• Patents: right to manufacture, use, sell inventions

EXPRESSED POWERS• Weights and measures: set

and maintain standards• Power Over Territories,

Other Areas: DC, Puerto Rico, parks, prisons; eminent domain

EXPRESSED POWERS

• Judicial Powers: impeachment of federal judges, president; confirm presidential judicial nominees

IMPLIED POWERSIMPLIED POWERS (FAA TECHNICAL CENTER)

STOP

IMPLIED POWERS

• Necessary and Proper Clause: grants Congress all powers necessary and proper for executing expressed powers

IMPLIED POWERS• 1st struggle: over Bank of the US

(not expressed power) , Hamilton against Jefferson

• McCulloch v Maryland, 1819; states could not tax federal bank, supported loose construction

IMPLIED POWERS

• Marshall set doctrine of implied powers in case

• Basis of implied powers must be based in expressed powers

NONLEGISLATIVE POWERS

• Proposing Constitutional amendments

• House may elect president, VP in case of no winner in electoral college; VP in case of vacancy


• Impeachment: House brings charges against Pres, judge

• Senate tries and convicts or acquits

• Executive Power: confirm appointments, ratify treaties

Impeachment-Clinton Testifies

President impeachment

Impeachment-High Crimes and Misdemeanors

• Impeachment Articles: 1. Perjury before the grand jury 2. Perjury in the Jones Case 3. Obstruction of Justice* 4. Abuse of power


• Investigatory power: any matter that falls within its scope; legislation, executive agencies, suspected scandal or fraud, national security

CONGRESS IN ACTION

Organization: convenes 3 Jan of every odd-numbered year @ noon

Each house organizes, elects leaders

HOUSE ORGANIZES

• All 435 elected: House has no rules, leaders, organization until it meets

• House convenes, chooses Speaker, swears in members

Clinton video

HOUSE TAKES OATH

HOUSE ORGANIZES

• Democrats take seats to the right, Republicans to left

• Members adopt rules

• 22 permanent committees selected by floor vote

SENATE ORGANIZES

• Continuous body: leadership, rules in place

• Newly elected and re-elected members sworn in

• State of the Union Address-both houses in joint session

STOP

PRESIDING OFFICERS

• House: Speaker of the House, presiding member and leader of majority party

• Preside and keep order

• May vote and debate

Speaker Dennis Hastert

PRESIDING OFFICERS

• Senate, VP of US: president of the Senate

• Only votes in tie

• President pro tempore presides

VP Richard Cheney, President of the Senate

PRESIDING OFFICERS

• Most senior member of majority party chosen

• Last session: Sen Wm. Byrd, D, WV president Pro Tem (despite previous KKK membership)

Sen Robert Byrd, D, W.V.

Sen Ted Stevens, AK, President Pro Tempore

PRESIDING OFFICERS

• Floor leaders: House and Senate majority and minority leaders

• Legislative strategists• Majority leader more

powerful: majority party

Dr Bill Frist, Senate Majority Leader

Sen Tom Daschle, Senate Minority Leader

Rep Pelosi, House Minority Leader

PRESIDING OFFICERS

• Party whips: count votes, pressure members to vote with party

HOUSE WHIPS

• Majority-Roy Blunt

• Minority-Steny Hoyer

PARTY CAUCUS

• Members of parties meet separately before Congress convenes, choose leaders and platforms

COMMITTEE CHAIRMEN

• Chair committees

• Majority party has majority of seats in each committee

• Decide when committees meet, agenda, hearings

Sen Hatch, UT, Senate Judiciary Committee

Chairman

SENIORITY RULE

• Custom, not law

• Most important posts to most senior members

• Some deviation, but still in effect

COMMITTEES• Most of work in Congress

done in committees• Standing Committees:

permanent, subject matter• Budget, Judiciary, Armed

Services

COMMITTEES

• House Rules Committee: traffic cop in House

• Bill must go through Rules committee to get to floor-”granted a rule”

COMMITTEES

• House Rules Committee: speed, delay, or kill a bill

• Senate: Majority Leader performs same function

COMMITTEES

• Select Committee: special group for specific purpose

• Investigate current matter (Whitewater, Terrorism)

COMMITTEES• Joint Committee: members of

both houses, mostly special purposes

• Conference Committee: joint committee, modify Senate and House bills-compromise bill

HOW A BILL BECOMES LAW-HOUSE

• Bill-proposed law, private or public

• Joint Resolution: unusual or temporary matters, force of law (constitutional amendments)


• Concurrent Resolutions: procedures, not force of law, do not require pres signature

• Rider: add-on, most times unrelated


• Clerk assigns number, entered in House Journal and Congressional Record, first reading

• Requires 3 readings


• 1st reading, speaker refers bill to committee

• Most bills die in committee• If House wants to vote on

pigeonholed bill, they can vote discharge petition


• Bills to be considered are discussed in committee or subcommittee

• Subcommittee investigates, makes recommendation


• 1. “Do pass”• 2. Refuse to report-pigeonhole• 3. Report amended form• 4. Unfavorable

recommendation


• From committee to calendar-schedule

• 5 calendars, regularly scheduled

• Many opportunities to die


• Bill reaches floor, 2nd reading• Major bills sped up through

Committee of the Whole• Large committee, only 100

need be present (opposed to quorum of 218)


• Debate, 2nd reading, amendments

• House reconvenes, works on bill

• Debate-strictly limited due to size


• Any member may “move the previous question”-call for vote

• Only 40 min of debate allowed


• Bill may be voted on several times

• Amendments, riders

• Voice vote, standing vote, teller vote, roll-call vote


• Computer vote: yea, nay, or present

• 15 minutes to reply to call for quorum or vote

• Voting procedures same for senate


• Once bill approved at 2nd reading, it is printed or engrossed

• Read 3rd and final time, signed by Speaker, sent to Senate

HOW A BILL BECOMES LAW-SENATE

• Similar to introducing House bills

• Introduced by senators, given number/title, referred to committee


• Senate only has one calendar• Bills come to floor only at

discretion of majority leader• Debate: no time limit• Debate ended by unanimous

consent


• Filibuster: senator or group refuse to stop speaking to kill bill

• Cloture rule can be used, voted on by 60, bill must be voted on in 30 hours


• Conference committee: justify both House and Senate versions

• Both houses must reject or accept compromise bill

HOW A BILL BECOMES LAW- PRESIDENT

• 1. Sign bill• 2. Veto bill• 3. Allow to become bill w/o

signature in 10 days• 4. Pocket Veto if Congress

adjourns in less than 10

Using ‘veto’ power

Group assignment:

• With a group of 4, read Sections 2 and 3 aloud.

• Once those two sections are completed, complete the assessment at the end of each one.– Section 2 assessment: p. 192– Section 3 assessment: p. 198

Signing Homeland Security Act

REVIEW• LEGISLATIVE BRANCH• HOUSE OF

REPRESENTATIVES• SENATE• MEMBERS OF CONGRESS

REVIEW• CONGRESSIONAL POWERS• EXPRESSED POWERS• IMPLIED POWERS• NONLEGISLATIVE

POWERS

REVIEW

• CONGRESSIONAL ORGANIZATION

• COMMITTEES

• HOW A BILL BECOMES LAW

STOP

BONUS +20

• 1. GIVE THE FULL NAME OF THE 2 PRESIDENTS WHO HAVE BEEN IMPEACHED

BONUS +20

• 2. GIVE THE FULL NAME OF THE 1ST US SENATOR FROM SAN ANTONIO (NISD GRAD)

BONUS +20

• 3. GIVE THE FULL NAME NAME 2 OF THE 4 US REPRESENTATIVES FROM SAN ANTONIO

BONUS +20• 4. NAME THE US PRES.

WHO WON THE COLD WAR BY AGREEING TO CONGRESS’ INCREASED SOCIAL SPENDING IN EXCHANGE FOR MORE MILITARY SPENDING

BONUS +20

• 5. GIVE THE FULL NAME OF THE FORMER SENATE PRESIDENT PRO TEMPORE WHO WAS AN OFFICER IN THE KU KLUX CLAN

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LEGISLATIVE BRANCH. Chapter 5 Focus 1-2 (p. 123) How does apportionment of membership in the House...

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