ARTICLE ONE

Requirements, Duties, and Characteristics of the Legislative Branch.

Bicameral LegislatureArticle 1, Section 1: …which shall consist of a Senate and House of Representatives.

Our Congress is split in two houses: The House of Representatives is determined on

a State’s Population (proportional representation).

Each state sends 2 Senators to the other part of congress, the Senate (equal representation).

The Senate is 100 people, can’t change without adding/subtracting states.

The House is 435 people, but is divided differently every 10 years to reflect the latest census/population figures.

Characteristics of the 2 HousesArticle 1, Section 2 (Clauses 1 & 2); Section 3 (Clauses 1,2 &3)

Senate House of Representatives

6 Years Length of Term

2 Years

30 Years Old Age Minimum

25 Years Old

Live anywhere in state Residency Requireme

nt

Live in district

9 year US citizen Citizenship Requireme

nt

7 year US citizen

100 Total # 435

2 From IL 18

New Jersey (NJ) Plan – favors small states

More Like: Virginia (VA) Plan – favors big states

All Reps/Senators are elected by direct election – the people vote directly for them.

Our Congress People Are:

Representative Judy Biggert (R) – 13th District Serving in her 13th year (7 terms) * up for

reelection in ’12*

Senator Dick Durbin (D) Serving in his 15th year (3rd term) * up for reelection in

’14*

Senator Mark Kirk(R) Serving in his 1st year (1 term) *up for reelection in

‘16*

Leadership of the HouseArticle 1, Section 2, Clause 5: The House of Representatives shall choose their Speaker and other Officers

Speaker of the House is voted on by the Representatives. Currently John Boehner (R-OH) Considered to be the “most powerful person

in the US,” as s/he controls which bills get voted on and when.

Republicans and Democrats also elect leaders to represent their causes, mainly the Minority Leader. Currently Nancy Pelosi (D-CA)

Whips: both parties have them – responsible for getting people “on board” with votes.

What is Fair?How should representing the states balance the big and the small? (Continuation of our “We the People” lessons)

NJ Plan:Equal Representation

Pro: all have equal say.

Con: people’s votes aren’t equal.

VA Plan:Proportional Representation

Pro: people’s votes are now weighted evenly.

Con: small states have little say

vs

Great Compromise:Create a legislature with 2 houses, balance

responsibilities between the two, and create a more perfect union of big and small.

Leadership of the SenateArticle 1, Section 3, Clause 4: The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

The Vice President “leads” the Senate asthe President of the Senate.

The Vice President only votes to break ties. The VP does not run day-to-day business Acts as a “presence” to remind the Senate of

the President’s wishes and power.

The Senators also elect the president pro

tempore. (Daniel Inouye of D – HI) Only formally takes charge when the VP

cannot. Usually the longest serving person in the

Senate

Article 1, Section 3, Clause 5: The Senate shall choose their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of the President of the United States.

Impeachment ProcessArticle 1, Section 2, Clause 5; Section 3, Clauses 6 & 7

Other Requirements and ThingsArticle 1, Sections 4, 5, & 6

Since 1872, Congress requires all states to hold elections for Senators and Reps on the same day.

Each house sets quorum: Senate/House cannot vote with a minimum number

of Senators/Representatives present (51 in Senate, 218 in House)

Rules are set (and are very long and detailed). Congressional Record – all votes, speeches and

actions are recorded everyday and available online.

$$$ - All make $170 k, with leadership making more.

Cannot be arrested or sued (immunity) for something they say during debate, unless it is a criminal act.

Cannot hold another government job while serving in Congress.

A balance is created between the big and the small states.In 200o, Bush won more states than Gore, but Gore won more

people.Ideally, this example represents the idea of both plans.

A balance in population is a little more clear here.This map shrinks/expands each state based on population.

Congress’ Primary Job: Make LawsArticle 1, Section 7: Law Making Process

Vesting clause: all the government’s power to write laws lies in the legislative branch. Nowhere else.

We will do an activity later called “How a Bill Becomes a Law” (HABBAL) to further explain this.

Enumerated powers of Congress Article 1, Section 8, Clauses 1-18: Congress shall have the power…

Collect Taxes for the common defense and general welfare Taxes must be the same in all parts of the

country. Also gives Congress power to spend money

like Paige at the mall! Borrow money through bonds bought by

Americans. Establish laws on Naturalization:

The process by which an immigrant becomes an American citizen.

Regulate all trade (between states or countries).

Punish pirates!

Enumerated powers of Congress Cont… Article 1, Section 8, Clauses 1-18: Congress shall have the power…

Coin Money! Determine the value of each piece. Also regulates weights and measures.

Punish counterfeiting. Establish Post Offices, delivery of

mail. Develop a system of patents and

copyrights. Establish courts.

Congress determines the number of courts and judges at each inferior, or lower court (as in lower than the Supreme Court).

Enumerated powers of Congress Cont…Article 1, Section 8, Clauses 1-18: Congress shall have the power…

Military Powers: Declare War: The President

may NOT do this! Create and fund the Army, Navy. Make rules and raise/spend money for it. Call for the militia (or National Guard)

to defend nation. Begin a draft, if necessary.

Elastic Clause – Congress’ greatest power! “make all laws necessary and proper.” Congress can make laws it feels are needed.

Also called the “general welfare” and “necessary and proper” clause.

Congress May Not:Article 1, Section 9: Powers denied to the Federal government.

Suspend Habeas Corpus Can’t be arrested without

proof. Create Ex post facto

laws EPF laws are created

to punish something LEGAL by making a new law to make that act ILLEGAL. You cannot be arrested for actions in the past.

Create a Royalty Tax Exports Spend money without

passing a law first Pass bills of attainder

A legislative act declaring a person guilty with no trial.