The Legislative BranchChapter 6

Congress General Information

Bi-cameral, meaning two house.• House of Representatives – lower house• Senate – upper house

Created by Article I of the Constitution• A result of the Great Compromise.

House of Representatives 435 Members

• Qualifications:• At least 25 years old.• A citizen for at least 7 years.• A resident of the state.

• Common characteristics of members:• Most have been and are white men.• Lawyers.• Experience in government (State or local level).

Representatives serve 2 year terms.• All 435 members must be reelected every 2

years.

House of Representatives Every state is

guaranteed at least 1 delegate to the House.• Number of

representatives is determined by population.

• Representatives are elected from districts (in states with more than 1 representative) – see next slide.

CO Congressional Districts

House of Representatives Congressional districts are drawn by

state legislatures.• Districts are NOT to be drawn in a way that

is advantageous for a certain group (political party, etc)

• Gerrymandering – drawing an odd-shaped district for political advantage (see next slide).

CO’s 5th District

The Senate Qualifications:

At least 30 years old. Citizen for at least 9 years. Resident of the state.

Common characteristics: White, male. Lawyers. Experience in government (state, House of

Reps., etc).

The Senate Terms of Office

Senators serve terms that last 6 years.• Approximately 1/3 of the Senate is up for

reelection every 2 years. There are 2 Senators elected from each

state for a total of 100 (today).

Congressional Sessions Each Congress meets for two years.

Congresses are divided into two sessions.• 1st Session is in odd numbered years

following elections.• 2nd Session is in even, election years.

Congresses are numbered – the Congress elected in 2006 is the 110th Congress and is currently in its 2nd Session.

Congressional Leaders In both houses, the political party

that controls more than half of the seats is known as the majority party. The other is the minority party. Gaining control of a house of Congress

has many advantages….

Congressional Leaders The majority party provides the

leadership of that House. House of Representatives

• Leader is the Speaker of the House, chosen from the majority party.

• Speaker is third in line to the Presidency.• Speaker and majority party has significant power over

the legislative process.• Majority Leader – leader of the majority party “on

the floor.”• Majority Whip – assists the speaker and majority

leader in “whipping up” support for legislation.

Congressional Leaders House of Representatives (cont.)

• Minority Leader – leader of the minority party “on the floor.”

• Minority Whip – assists the minority leader.

Congressional Leaders Senate Leadership

• Official President of the Senate is the Vice President of the United States.

• Only votes in case of a tie.• Rarely is present in the Senate.

• Day-to-day leader of the Senate is the President Pro Tempore, normally the most senior member of the majority party.

• Does not have as much power as the Speaker.• Majority and Minority Leaders and Whips.

The Work of Committees Congressional work is accomplished

primarily through committees. Bills introduced into a house of

Congress are assigned to committee for research, debate and vote.

Both houses of Congress have several different types of committee.

The Work of Committees Standing Committees

Permanent committees of a house of Congress.

Deal with regular, recurring issues. Select Committees (Special)

Temporary committees formed to deal with temporary, specific issues (Y2K).

Joint Committees Made up of members of both houses.

The Work of Committees Standing committees of the House:

Agriculture, Appropriations, Armed Services, Budget, Energy, Rules, Transportation and Infrastructure, Education, etc. (see page 181)

Standing committees of the Senate: Agriculture, Appropriations, Armed

Services, Budget, Judiciary, Veterans Affairs, etc. (see page 181)

The Work of Committees Special Committee

Ethics, Aging, Y2K (ended). Joint Committees

Conference Committees, Taxation, Library

The Work of Committees Committee Assignments

Certain committee assignments carry greater prestige, media coverage or importance to that Congressperson.

Congresspersons often wish to be assigned to certain committees that will allow them to influence legislation or draw attention to themselves.• Rep. from Iowa or Idaho might desire

Agriculture Committee.• Judiciary and Intelligence committees are

prominent.

The Work of Committees Getting assigned to committees.

Party leaders make party assignments. Members’ preference, expertise, party

loyalty factor in. Seniority System – members with

greatest seniority are given preference.

The Work of Committees

Party representation on Committees The majority party in a house of

Congress will be in a majority on every committee. • Ex.: If Democrats are a 60%-40% majority

in a house of Congress, then they will be a 60%-40% majority on every committee.

Majority party also names the chair of every committee.

The Powers of Congress

Powers of Congress The Powers of Congress can be

divided into several categories: Legislative Powers Non-legislative Powers Special Powers

Legislative Powers Involve passing bills into laws.

• Laws include federal criminal laws, taxation laws, appropriations laws, commerce laws, military and foreign policy laws, etc.

• Certain powers are clearly expressed in the Constitution, and are known as expressed powers (sometimes called enumerated).

• Article I, Section 8• See page 186

• Some powers are not stated.• Implied Powers – Article I, Section 8, Clause 18 is

known as the elastic clause because it allows Congress to “stretch” its powers.

• Necessary and Proper Clause

Non-Legislative Powers Powers not dealing with passing bills

into laws.• Powers to check the other branches of

government.• Approving Presidential Appointments• Impeaching government officials.• Investigative powers

Special Powers Powers given to one house of Congress,

but not the other.• Special Powers of the House of Reps.

• Initiate all taxing and spending bills.• Begin impeachment proceedings by bringing

formal charges (to “impeach”).• Choose a President if no one wins a majority of

Electoral College votes.• Special Powers of the Senate

• Remove officials in impeachment proceedings.• Choose a Vice President if no one wins.• Approve Presidential appointments.• Ratify treaties signed by the President.

Limits to the Powers of Congress

Congressional Powers are limited in several ways:• By the Constitution-

• No ex post facto laws• No bills of attainder• Cannot suspend writ of habeus corpus

• Bill of Rights• Checks and Balances (Courts can declare

acts of Congress unconstitutional).• Reserved powers of the states• Financial Limitations

Representing the PeopleCh. 6, Section 3

Representing the People Salaries and Benefits of Congresspersons.

Salary = $169,300 Free office space, trips to home state/district. Budget for staff. Government insurance. Franking Privilege – ability to send job-related

mail for free. Immunity from prosecution in certain

instances.

Representing the People Congresspersons’ Staff

Help to research and write bills. Deal with lobbyists, people hired by

special interest groups to influence legislation.

Help constituents, the people represented by a Congressperson.

Work for reelection.

Representing the People Certain institutions also exist to support

congresspersons. Library of Congress – source of information. Committee Staffs – every committee has its

own hired staff. GAO (General Accounting Office) – accounts

for government spending. Congressional Budget Office – researches

budget related information.

Representing the People Casework – help given to

constituents in dealing with the federal government. Congresspersons may receive

thousands of requests for help each year.

Could relate to Social Security or tax issues, veterans benefits, dealing with other federal agencies.

Representing the People Spending Programs

Congresspersons also try to get federal monies spent in their districts.• Public Works – Transportation, military

bases, dams, hospitals, etc.• Grants – money given to an area or

institution.

Representing the People Spending

Programs (cont.)• Pork-barrel

programs – government projects and grants given primarily to benefit a state or district.

• An attempt to influence reelection?

The Legislative ProcessCh. 6, Section 4

(see chart on page 201)

How a Bill Becomes a Law Every law starts as an idea.

Ideas for laws can come from government officials, special interest groups or private citizens.

Bills must be introduced into a house of Congress by a member of that house.

Bills are titled and numbered:• S.1 • H.R. 1

How a Bill Becomes a Law Bills are assigned to the appropriate

committee.• Committees can do several things:

• Assign the bill to subcommittee for research and public hearings.

• Change or even replace the bill.• “Pigeonhole” the bill – set it aside and not do

anything – killed)• Vote on the bill (approve or kill)

• If the bill passes the committee vote, it is returned to the full house for debate and vote.

How a Bill Becomes a Law Debating a Bill

Rules for debating and voting on bills differ in each house:• In the House, rules are more strict (larger house).

• Rules committee sets the terms for debate on each bill (majority party).

• Members are limited as to how long they can speak.• In the Senate, there are fewer rules (smaller house).

• Senators can speak for as long as they want, allowing for a filibuster.

• Cloture – vote to end a filibuster; requires 3/5 vote.

How a Bill Becomes a Law Bill is sent to the other house of

Congress where the process is repeated. Often times, the same bill is submitted

at the same time in both houses. Often, one house changes a bill in a

way that the other house does not. A bill must be passed by both houses in

identical form, so….

How a Bill Becomes a Law Work of conference committees.

Conference committees are joint committees that produce one version of a bill.• Bill is then returned to both houses for a

final vote.• If passed, the bill is sent to the President.

How a Bill Becomes a Law Presidential Actions

• President can do several things with a bill:• Sign it into law.• Veto the bill

• Congress can override a veto with a 2/3 vote in both houses of Congress.

• Can do nothing for 10 days.• If Congress is in session, the bill becomes law

without the President’s signature.• If Congress adjourns within 10 days, the bill

dies (pocket veto).

How a Bill Becomes a Law