The Legislative Branch

Legislative Branch Review

1. Function:

Make the Laws

2. Congressional Joint Powers

A. Levy and collect taxes B. Raise and maintain military C. Grant statehood Where are these Legislative powers found D. Control national lands E. Regulate interstate trade In the Constitution?

F. Naturalize citizens G. Declare war H. Control making of currency

Legislative Branch

House of Representatives 1. Qualifications

A. 25 years old B. U.S. Citizen for 7 years C. Resident of state elected

2. Method of Selection 3. Term of Office – –

2 years Election by the people

4. Members per State –

Based on population – 435 total

5. Powers reserved for the House only

A. Originates money bills (taxes) B. Begins impeachment process C. Elects President if Electoral College fails to do so

1. Which state has the most members in the House of Representatives?

2. Why does that state have more than all the others?

3. What is the minimum number of representatives a state may have?

4. What is used to decide how many seats a state gets in the House?

Legislative Branch

Senate

1.

Qualifications

a. 30 Years Old b. American citizen for 9 years c. Resident of state elected 2.

Method of Selection –

3.

Term of office –

6 years Election by the people 4.

Members per state –

2 5.

Powers reserved for Senate only

a. Confirm Presidential appointments b. Approve/reject treaties c. Jury for impeachment trial

The U.S. Congress in Brief

• • • Bicameral Senate – 100 members – Six years – More prestigious House – 435 – 2 years – Reapportioned after each census

Legislative Branch

• • • • Begins January 3 of every odd-numbered year Numbered Consecutively (07-09 = 110th) Adjournment = end of term (both houses must agree) Two sessions per term/ periodic recesses

The Senate Minority Leader

GOP Policy Committee

Presiding Officer Democrat Majority Leader Steering Comm.

Democrat Policy Committee

Appropriations Finance Minority Whip Republican Conference Other Standing Committees Majority Whip Democrat Conference

House of Representatives

Majority Leader Republican Policy Committee National Republican Congressional Committee

Speaker

Committee on Rules Minority Leader Democrat Policy Committee Democrat Steering Committee Majority Whip Committee on Appropriations Committee on Ways and Means Other Standing Committees

Republican Conference

Minority Whip

Democrat Caucus

Legislative Branch

• Speaker of the House – – Presiding officer of the House Job: acknowledges speakers, signs bills, appoints committees, calls a vote. Who is the current speaker of the House?

Legislative Branch

• • • • • • • Bicameralism = Two houses A. House of Reps = closer to people • Elected by the people • Smaller districts • 2 year term • Entire body elected every 2 years • Revenue bills must originate in the house

•

Legislative Branch

House minority leader The Minority Leader of the United States House of Representatives serves as floor leader of the opposition party, and is the minority counterpart to the Majority Leader.

•The Minority Leader is also the actual head of his or her party in the House The current House minority leader is Nancy Pelosi. Why does she have the title “minority leader?”

Majority and Minority Whips

A

whip

in the House of Representatives manages their party's

legislative

program on the House floor. The Whip keeps track of all legislation and ensures that all party members are present when important measures are to be voted upon The House of Representatives uses the terms "Republican Whip" or "Democratic Whip" depending on which Party is the majority or minority.

Legislative Branch

• • President of the Senate – V.P.

– Less power than Senators – Presiding officer but may not speak or debate President pro tempore – Resides in V.P.’s absence – Elected by the Senate – Majority Party – Currently: Daniel Inouye

Office

Senate Majority Leader Democratic Conference Chairman Senate Majority Whip Vice-Chairman of the Democratic Conference Democratic Policy Committee Chairman

Officer

Harry Reid Byron Dorgan

State

Nevada Richard Durbin Illinois Chuck Schumer New York Democratic Conference Secretary Democratic Campaign Committee Chairman Patty Murray Robert Menendez

Since

2007 2007 2007 North Dakota 1999 Washington 2007 New Jersey 2009

Office

Senate Minority Leader

Officer

Mitch McConnell

State

Kentucky

Since

2007 Senate Minority Whip Republican Conference Chairman Jon Kyl Lamar Alexander Republican Policy Committee Chairman John Thune Republican Conference Secretary Republican Campaign Committee Chairman Arizona Tennessee South Dakota Lisa Murkowski Alaska John Cornyn Texas 2007 2007 2009 2009 2009

Legislative Branch

• • • • • • • • Majority Leader- Harry Reid True leader in Senate Recognized first for all debates Leads majority party Influences committee assignments Influences agenda with Minority leader (Mitch McConnell)

Legislative Branch

• • • • • • • • Bicameralism = Two houses Senate designed to be removed from the people • Originally elected by state legislatures • Elected on an at large basis • 6 year terms • 1/3 up for election every 2 years = more continuity and stability

Democrat Republican Independent Political Party Breakdown Can you tell what the diagrams are representing? (House or Senate)

Legislative Branch

• • • Compensation Members set own salary • (27th amendment =raise takes effect next term) Perks: travel allowance, staff, office space, franking privilege, insurance Legislative immunity: A law that protects legislators from liability in a civil lawsuit for duties that they performed within their office's jurisdiction •Cannot be arrested or detained while going to or from a session of Congress

Officers of the Legislative Branch

• • Floor leaders: – majority and minority in the House and Senate – Legislative strategists Committee Chairmen – Heads of standing committees – Chosen by majority – Usually by seniority rule

Committees in Congress

• • • Standing committee: permanent groups which all similar bills could be sent. (Ex. Budget committee) Select committee- a special group set up for a specific purpose for a limited time. (ex. Senate Watergate Committee) Joint Committees- members from both houses.

Committees in Congress

• • Informal groupings- Black caucus, democratic study group, House Republican study group, pro-Life caucus, etc.

Conference Committee- temporary joint body to iron out different versions of a measure

How does a bill become law

• • Bills- proposed laws, or drafts of laws presented to the House or Senate for enactment.

Two types: – Public- measure applying to the nation as a whole (tax bills) – Private-only apply to certain persons or places rather than to the nation generally.

Number of Women in U.S. Congress

90 80 70 60 50 40 30 20 10 0 1917 1927 1937 1947 1957 1967 1977 1987 1997 1998 1999 2011

How a Bill Becomes a Law

The Journey of a Bill

Introduction of the Bill

• • • • • • •

The bill can come from a variety of sources: Individual citizens, Special interest groups Corporations, Non-governmental organizations (NGOs) Only a member of Congress can introduce the bill A bill can start in either House.

The Bill is Assigned to Committee

• • • • • Each House has standing committees that consider their bills.

Each committee has a chair (from the Majority) and a ranking member (from the minority).

They “mark-up” (edit) the bill so it will pass on the floor.

They can “pigeonhole” or kill the bill in committee.

The bill must also pass through the House Rules Committee.

The Bill is Reported To the Floor

• • • • If the bill is passed by the committee, it is sent to the whole House for debate and vote.

The committee has “reported the bill favorably to the floor.” The Speaker determines which bills are discussed and for how long.

Committee chairs and ranking members give out time to debate to other members.

The Bill is Debated and Voted in the House • • • •

Bills can be considered by the whole House at once: called “Committee of the Whole” Votes are done electronically in the House, a role call vote.

A board on the wall shows the tally. Red = oppose. Green = Agree Yellow = Abstain Votes can be taken by voice “yeas and nays” or a “teller vote” where members file past the sergeant at arms.

The Bill Goes to the Senate

• • • •

The bill is sent to the US Senate. A Senate version is written with the letter S. and a number. House bills have HR.

As in the House, the bill must be referred to the appropriate standing committee.

Committees hold hearings and make changes to the bill.

The committee can ‘report” the bill to the Senate floor.

The Bill is Debated and Voted On in the Senate •

The Senate Majority Leader determines which bills are scheduled, when and for how long.

•

As in the House, the bill must be referred to the appropriate standing committee.

•

Debate in the Senate is unlimited. Filibusters can be used by the minority to block bills.

•

3/5 (60) of the Senate must agree to end debate (this is called “cloture”)

•

The Senate Rules committee is much weaker than the House’s.

Both Houses Must Pass the Bill • • • A simple majority in both houses is needed to pass the bill (51%).

In the House: 218 needed to control the House.

In the Senate: 51 senators needed to pass the bill (and control the Senate).

Differences Between Houses Must Be Reconciled • • • • •

Each house passes its own bill.

Any differences must be ironed out and made into one bill.

The bill is considered by a conference committee, made up of both House and Senate members.

They negotiate and compromise and send the combined bill back to both houses.

A vote on the “conference report” must be taken and passed by both Houses.

The Bill is Sent to the President • • • • •

The president can sign the bill if he wants it to become law.

He can include “signing statements” that say how the law should be enforced or if parts will not be enforced.

The president can veto or reject the bill. He must include his reasons and recommendations for correction.

The president can choose not to act on the bill. If Congress is in session, the bill becomes law after 10 days.

If Congress is not in session, the bill dies after 10 days. This is called a “pocket veto.”

The Bill Becomes Law • • • •

If the president vetoes the bill, both Houses can reconsider the bill.

Two-thirds (67%) of both Houses are needed to override the President’s veto.

In the House: 369 needed for override. Senate: 67.

If president signs the bill, it is a federal law that each state must follow.

How does a bill become law

• • Filibuster: an attempt to “talk a bill to death.” in the Senate.

Record: Democrat Senator Strom Thurmond: held the floor for 24 hours in an attempt to kill the Civil Rights Act of 1957.

What is a filibuster proof Senate?

Which part of Congress has 100 members, two from each state?

The U.S. Congress is a bicameral legislature. What does the word bicameral mean?

Which part of Congress has 435 members, with the number from each state proportional to the state's population?

Name two powers the legislative branch has over the judicial branch. Name two powers the legislative branch has over the executive branch.

Some terms to know and apply Senator Representative Filibuster Term Session Bicameral Unicameral Committee Majority Minority Whip Immunity Debate