Transcript Slide 1

The Legislative Branch - Congress
Qualifications of Congress
Formal Qualifications: Written into the Constitution, must be met
to hold office
House
1.
2.
3.
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Must be 25 years old
Be a citizen for at least
7 years
Be a resident of the
state you wish to
represent
Members of the House
of Reps are closer to
the American people
Senate
1.
2.
3.
•
Must be 30 years old
Be a citizen for at least 9
years
Must be a resident of the
state that you wish to
represent
Members of the Senate
are more removed from
the American people
Makeup of Congress
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Nearly all members of Congress are
college graduates
Nearly half are lawyers
Typically much more active in their
communities than others
Typically represent the Democrats or
Republicans
Demographic Profile of the 112th Congress
http://www.census.gov/
Source: http://www.congress.org/congressorg/directory/demographics.tt
Pay & Benefits
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Members of the House & Senate make
$174,000 per year, plus…
Congressional Leadership: $193,400
Speaker of the House : $223,500
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Free office space
Parking
Trips back to their home state/district
Franking Privilege: free mailing
On-site clinic, and gym
Legal protection/immunity in certain situations
Behind the Scenes
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Members of Congress get staff at offices in
both Washington D.C. and in their home
state/district
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Staff does research on bills/issues
Handle requests from voters & media
Interns also used to do certain jobs
Committee Staff: Each committee has staff
members to draft/outline bills and gather info
Support Services: Created to assist congress
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Library of Congress largest source of information
Behind the Scenes (cont)
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Finance & Budget:
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General Accounting Office (GAO) exists to
investigate financial issues
Reviews spending of Federal Agencies
Suggests ways to improve finances
Congressional Budget Office (CBO) provides
projections and estimates on the budget
Will look at proposals and estimate what they will
cost to execute
Why Bicameral?
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Bicameral Legislature:
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Congress consists of 2 distinct groups
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The House of Representatives (based on
population
The Senate (equally represented)
reasons for a bicameral system:
1.
2.
To make both large and small states happy
To act as a Check on each others power
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To make sure that laws passed are truly in the best
interest of the people
Terms vs. Sessions
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Each Term of Congress lasts for 2 years, and
begins at noon on the 3rd day of January
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The 112th Congress assembled Jan. 2011 & term will
end Jan. 2013
20th Amendment changed term start from March to
January
Sessions: When Congress meets to conduct
business (1 year)
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Used to last only a few months, now commonly go
year-round
At the end of each session, Congress will Adjourn
(end) for the year
Congress takes several smaller breaks called
Recesses (off time) throughout the year
House of Representatives: Has 435
members
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This number is fixed and does not change unless
CONGRESS votes to change it
Census: population count done every 10
years
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Apportionment: Deciding how many
representatives each state gets
Reapportionment: Changing/redistributing
the number of representatives from each
state
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Reapportionment happens every 10 years
after a Census is taken
Apportionment: How big a
slice of the pie does each
district get?
Reapportionment: Every 10 years,
the size of slices changes based on
the Census results (Some states
gain while others lose reps)
Each state is broken down into smaller
sections called Districts (for House of
Reps)
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Each district gets ONE representative in
Congress
Constituents: The people represented
by a member of Congress
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Drawing political districts to gain an
advantage for one political party or to
minimize the power of a group is
referred to as GERRYMANDERING
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Districts supposed to be “compact
territory”
Supposed to be nearly equal in people
Ohio 2013 Congressional District Map
Source: http://www.dispatch.com/content/stories/local/2011/09/14/gop-plan-for-new-districts-draws-fire.html
The Senate
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In the Senate, each state receives 2
members, regardless of population
Each Senator represents the entire state
& serves for 6 years
Party Politics
Democrats
Republicans
Majority vs. Minority
The organization of Congress depends heavily
on political parties
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Majority Party: The party that has more
members in either the House or Senate
Minority Party: The party with fewer members in
the House or Senate
Currently Republicans hold majority in House &
Democrats in the Senate
This status can change every Two years (elections)
The Speaker of the House
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Chosen by majority party
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Chief presiding officer
(constitutionally) of the House
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Decides whom to recognize to
speak on the floor
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Decides to which committee bills
go
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Decides when bills will be voted
on
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Major influence on assigning
members of the House to
committees
John Boehner (R-Ohio 8th)
House Majority Leader
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Floor leader for the
majority party
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Lead strategist for that
party
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Manages day-to-day
issues for House majority
Set strategies/positions of
the majority party on
issues
Chosen by members of
own party
Eric Cantor (R-Virginia 7th)
House Minority Leader
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Floor leader for the
minority party
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Manages day-to-day issues
for House minority
Lead strategist for that
party
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Set strategies/positions of
the minority party on issues
Nancy Pelosi (D-California 8th)
President of the Senate
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Always held by Vice
President of the U.S., the
senate does not get to
choose
Largely ceremonial position,
can act as Presiding Officer,
rarely does
Vice Pres. Is NOT a actual
member of the Senate
Major responsibility is to
vote to break a tie in the
Senate
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Not able to speak or debate
on a bill
Joe Biden (Vice President of U.S.)
President Pro-Tempore (Senate)
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Usually the longest-serving
member of the majority party
(chosen by the Senate)
Can preside over day-to-day
running of the Senate
Behind the Speaker of the
House in Presidential
Succession line
Patrick Leahy (D-Vermont)
Senate Majority Leader
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Chosen by majority party
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Majority party leader in Senate
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Guides party’s bills through
Senate
Plans Senate’s work schedule in
consultation with Minority
Leader
Makes sure majority members
attend important sessions
Harry Reid (D-Nevada)
Senate Minority Leader
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Chosen by minority party
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Minority party leader in Senate
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Develops criticisms of bills from
majority party
Consults with Majority Leader
re: Senate’s work schedule
Tries to keep members working
together
Mitch McConnell (R-Kentucky)
3 Major Jobs of Congress
Lawmaking: Members of the House and
Senate are free to introduce bills (proposed
laws)
1.
Casework: Members of Congress get many
2.
requests from constituents.
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Staff members handle many requests for help and
information on issues
Casework/helping Constituents can help re-election and
support
Helping the District
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Public works – Congress appropriates billions of
dollars for local projects. (post offices, military
bases, dams, mass transit)
Grants and Contracts – Try to make sure their
state/district get their fair share of federal grants
and contracts.
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Pork Barrel projects
Using influence – try to influence Federal
agencies that are dividing up grants.
6.1 How Congress is Organized
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GOAL: to explain how committees in
Congress are organized and what role they
play in the lawmaking process
Why Committees?
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In the course of one congressional session the
senate and house of reps will consider
thousands of bills (proposed laws). Dealing with
this amount would be impossible without
committees.
6.1 How Congress is Organized
What Work is Being Accomplished?
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Bills get filtered to the correct
committee
The committee gets it to the correct
sub-committee (if there is one) to be
looked over.
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Both parties are represented in the committee
they can debate the bill and make
recommended amendments (changes)
6.1 How Congress is Organized
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Standing Committees = Permanent
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House of Reps (not all listed)
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Senate (not all listed)
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Armed Services, Budget, Education and Labor,
Foreign Affairs, Homeland Security, Natural
Resources, Science and Technology, Small
Business, Transportation and Infrastructure
Agriculture, Nutrition and Forestry, Banking,
Housing and Urban Affairs, Energy and Natural
Resources, Environment and Public Works
Concurrent
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Agriculture, Commerce, Veterans Affairs
6.1 How Congress is Organized
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Select Committees: Temporary
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Deals with Special Issues
Meet for a limited time until they
complete the assigned task
EX: Global Warming, Aging, Ethics,
6.1 How Congress is Organized
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Joint Committees: House + Senate
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Consider Specific Issues
EX: Taxation
+
Where to Sit Today…
6.1 How Congress is Organized
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Committee Assignments
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When senators and representatives first
come to Congress they try to get assigned
to important committees that affect
people who elected them
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Ex) Rep from rural farm-town might want to
serve on the agriculture committee b/c
influence policy
6.1 How Congress is Organized
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Chairperson: the longest serving
committee member from the majority
party
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Chairpersons decide when and if a
committee will meet, what bills will be
addressed, and who will serve on
subcommittees
This is part of the seniority system
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Some like it b/c of experience other say
talented members get overlooked
6.2 Powers of Congress
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Legislative (lawmaking) Powers:
Expressed
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Most of Congress expressed powers are
listed in the Constitution Article I Section 8
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EX) Congress shall have the Power to Coin Money
6.2 Powers of Congress
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Legislative (lawmaking) Powers:
Implied
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The grey area in-between. Not
specifically written
Article I Section 8 Clause 18: Congress
shall have the Power to do whatever is
“necessary and proper” to carry out the
expressed powers.
6.2 Powers of Congress
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Legislative Powers: Elastic Clause
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Clause 18 gets this title b/c Congress
STRETCHES like a rubber band its Powers
to meet new needs as they arise to our
nation.
EX) Air Force not in the Constitution b/c
airplanes didn’t exist but Congress
supports it under the Expressed Power to
support armies
6.2 Powers of Congress
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Money Powers
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Expressed
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Taxes to provide for the defense and general
welfare of the US
Borrow $$$
Establish Bankruptcy Laws
Coin, Print, and Regulate Money
Punish Counterfeiters
Implied
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Taxes to support welfare programs
Borrowing $ implies power
to create Fed Reserve
6.2 Powers of Congress
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Commerce Powers
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Expressed
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Regulate Foreign and Interstate (between
states)
Implied
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Power to prohibit discrimination in
restaurants, hotels and other public
accommodations
6.2 Powers of Congress
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Military and Foreign Policy
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Expressed
Declare War
 Raise, Support and Regulate and army and
navy
 Provide, Regulate and Call into service militia
(National Guard)
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Implied
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Draft
6.2 Powers of Congress
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Other Legislative Powers
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Expressed
Establish laws of Naturalization
 Post Offices
 Grant copyrights and patents
 Necessary and Proper
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6.2 Powers of Congress
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Non-Legislative (non-lawmaking)
Powers: Checks and Balances
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Make sure the Executive and Judicial
Branch are doing the jobs outline to them
by the Constitution and are not wielding
too much power.
6.2 Powers of Congress
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Non-Legislative Powers: Appointment
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Senate has the power to reject or
approve the President’s nominees for
various offices
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Supreme Court Justices, Federal Judges,
Ambassadors
6.2 Powers of Congress
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Non-Legislative Powers: Impeachment
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Constitution allows Congress to remove any
federal official who has committed serious
wrongdoing
The HOUSE of REPS has the sole authority
to impeach: accuse officials of misconduct
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If a majority votes to impeach the Senate has the
power to hold a trial and act as jury to decide
2/3 vote needed
Nobody has been removed from office
This is mostly used for Federal Judgesscandals…..
6.2 Powers of Congress
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Power Limitations
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Constitution says what Congress
CANNOT do as well
Bill of Rights
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Not pass a bill that limits free speech
Tax interstate commerce
Tax exports
Not pass laws that would interfere with
individuals legal rights
6.2 Powers of Congress
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Power Limitations: Writ of Habeas
Corpus
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Congress CANNOT suspend this
WHC: court order that requires police to
bring a prisoner to court to explain WHY
they are holding a person
6.2 Powers of Congress
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Power Limitations: Bill of Attainder
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Congress is BANNED from passing
BoA: laws that punish a person without a
jury trial
6.2 Powers of Congress
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Power Limitations: Ex Post Facto Laws
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Congress may NOT pass
EPFL: laws that make an act a crime
after the act has been committed
6.4 How a Bill Becomes a Law
http://www.youtube.com/watch?v=HeYBZFEzf8
6.4 How a Bill Becomes a Law
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Bill Created 
Standing Committee Considers Bill 
Full House/Senate Debate Bill
Passed Bill Sent to other House 
Bill Passed by Both gets Sent to
President 
If signed Becomes Law
More than 10,000 bills introduced each
term but only a few hundred become law
6.4 How a Bill Becomes a Law
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Types of Bills
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Private Bills
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Concern individual people or places
Public Bills (most that are passed)
Apply to the entire nation
 Involve general matters like taxation
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6.4 How a Bill Becomes a Law
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Resolutions
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Formal statements expressing lawmakers’
opinions
Most do NOT have the force of law
Joint Resolution
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Passed by both House/Senate do become
law if signed by President
Constitutional Amendments or an
authorization to use military force (Ex.
Iraq)
6.4 How a Bill Becomes a Law
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Where Does a Bill Come From?
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Private Citizens
White House
Special Interest Groups
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NRA, PETA, Amnesty International
Member of House or Senate MUST
introduce a bill before Congress will even
consider it (sponsor)
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Every Bill is given a title and number
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S. 103
H.R. 39
6.4 How a Bill Becomes a Law
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Committee Action
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After a bill is introduced it goes to a
standing committee that is related to the
subject of the bill
Committees will
Pass the bill
 Mark up a bill
 Ignore the bill and let it die
 Kill the bill outright with a majority vote
 Replace the original Bill with a new Bill
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6.4 How a Bill Becomes a Law
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Debating a Bill
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Bills approved in committees are ready
for consideration by the full House or
Senate
When the bill reaches the “floor”
members debate the “pros” and “cons”
and discuss amendments (changes)
House only allows amendments relevant to
the bill
 Senate accepts riders- completely unrelated
amendments to be tacked on
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6.4 How a Bill Becomes a Law
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Rules of Debate
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In the House the Rules Committee sets
terms for debate
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Time limits
Senate can speak for as long as they
wish
Filibuster: talk a bill to death so a sponsor
will withdraw
 Senate can end filibuster if 3/5 members vote
for cloture (no one may speak for more than
1 hour)
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6.4 How a Bill Becomes a Law
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Voting on a Bill
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After a bill is debated it gets voted on
House:
Voice Vote say “Aye” then “No”
 Standing Vote- rise for yes then for no
 Recorded Vote- electronically
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Senate:
Standing Vote
 Voice Vote “Yea” or “No” (used to confirm
voice vote)
 Roll-Call Vote – each Senator asked “yea” or
“nay”
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These votes are recorded
6.4 How a Bill Becomes a Law
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Voting on a Bill
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A simple majority is needed to pass
If passed in the House goes to the Senate
If passed in the Senate goes to the House
If either house rejects once its sent the bill
dies
Bill has to be passed by both houses in
IDENTICAL form before is goes to the
President
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When 2 versions of the same bill are passed a
Conference Committee is established to create
ONE version of the bill
6.4 How a Bill Becomes a Law
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Voting on a Bill
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After an identical bill is approved by both
houses it goes to the President
President may:
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Pass – Sign into law
Veto- refuse to sign
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Congress can overturn a veto if both houses 2/3 vote
to do so.
1789-2008 only overturned 108 vetoes
Do nothing for 10 days
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If Congress is in session it automatically becomes a
law
If Congress is not in session (adjourned) the bill
dies….sad face. This is called a pocket veto.
6.4 How a Bill Becomes a Law
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Senate Steps
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Senator announces bill on floor
Bill given S number
Referred to Standing Committee
Referred to Sub-Committee
Reported by Standing Committee
Full Senate Debate and Vote
If passes goes to House
6.4 How a Bill Becomes a Law
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House Steps
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1. Representative hands bill to clerk who
drops in hopper
2. Bill given HR number
3. Referred to Standing Committee
4. Referred to Sub-Committee
5. Reported by Standing Committee
6. Rules Committee sets rules for debate and
amendments
7. Full House Debate and Votes
8. If passes and goes to Senate
6.4 How a Bill Becomes a Law
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Conference Action
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If House and Senate pass different
versions of the bill it goes to conference
committee
CC works out differences and sends
identical compromised bill to both
chambers for final approval
House and Senate vote on compromise
bill
If passes both goes to President to sign