The Almost Painless Guide to the Legislature Legislative ...

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Opener: Monday, April 11 th The Almost Painless Guide to the Legislature Legislative Branch U.S. Government Structure in 5 Minutes

Transcript of The Almost Painless Guide to the Legislature Legislative ...

Page 1: The Almost Painless Guide to the Legislature Legislative ...

Opener: Monday, April 11th

• The Almost Painless Guide to the Legislature

• Legislative Branch

• U.S. Government Structure in 5 Minutes

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Legislative

Branch

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Congressional Structure

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The Constitution & the

Legislative Branch

• Article 1 Describes Structure of Congress

• Bicameral Legislature

• Divided into two houses

- Each state sends two Senators

regardless of state size

- Number of Representatives each state

sends to the House depends on their

state population

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Requirements for Membership

• Constitution also sets out requirements for membership in the Senate and the House

• House of Representatives

• Min. 25 years of age, reside in U.S. at least 7 years, serve 2 year terms

• Senate

• Min. 30 years of age, reside in U.S. at least 9 years, serves 6 year terms

• Congressional members must be legalresidents of their state

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Terms and Sessions•Congressional Term - 2 years

• i.e. 2 years between election years

• Two Sessions per year• Jan 3rd – Dec.

• Jan - July 31st

• Recess = temporary break

• Special Session= Outside of regular hours

• Joint Session= Both House and Senate

• “State of the Union” Called by President

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Determining Representatives

• Census=Every 10 years to determine population

• Apportionment – proportional process of allotting

congressional seats to each state following the

10 year census

• Redistricting - redrawing of congressional districts

to reflect increases or decreases in seats allotted

to the states, as well as population shifts within a

state

• 1929 – House sized fixed at 435 members

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Determining Representatives

• Gerrymander= drawing district linesbased on some characteristic other than

just population

a) Discriminatory gerrymandering

b) Misrepresentation

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Georgia’s 14

Congressional

Districts

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How Congress is Organized

• New Congress is seated every two years.

• Elect new leaders on a rotating basis

• Each house has a hierarchical

leadership structure.

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Congress

Senate

Upper House

House of Representatives

Lower House

President of SenateVP of USA

President Pro TemporeSenior Ranking Member Of the Majority Party

435 Representatives

Elected by Population

House Minority

Leader

Speaker of HouseMajority Leader

100 Senators

2 from each State

Senate Minority

Leader

House Majority

Floor LeaderSenate Majority

Leader

House Minority

Whip

House Majority

WhipSenate Majority

Whip

Senate Minority

Whip

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The House• Speaker • Presides over House

• Official spokesperson for the House

• Second in line of presidential succession

• House liaison with president

• Great political influence within the chamber

• Henry Clay, first powerful speaker (1810)

• Joe Cannon (1903-1910), was so powerful, that a revolt emerged to reduce powers of the speakership.

• Newt Gingrich (1995)

• Paul Ryan (R, Wisconsin)– current speaker

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Other House Leaders• Majority Leader

• Elected leader of the party controlling the most seats in the House or the Senate (majority party)

• Second in authority to the Speaker—in the Senate, is the most powerful member

• Minority Leader• Elected leader of the party with the second highest

number of elected representatives in the House of Representatives or the Senate (minority party)

• Whips – ensures party discipline in a legislature

• Party caucus or conference• A formal gathering of all party members

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The Senate• The Constitution specifies the vice president as

the presiding officer of the Senate.• He votes only in case of a tie.

• Official chairperson of the Senate is the president pro tempore (pro tem)• Generally goes to the most senior senator of the

majority party

• Actual presiding duties rotate among junior members of the chamber

• True leader is the majority leader, but not as powerful as Speaker is in the House

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The Senate

• Senate rules give tremendous power to

individual senators.

• Offering any kind of amendment

• Filibuster - debate over a proposed piece of

legislation is extended, allowing one or more

members to delay or entirely prevent a vote

on the proposal

• Because Senate is smaller in size, organization

and formal rules have not played the same role

as in the House.

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Current

Congressional Leadership114th Congressional Term

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Leadership in the

House of Representatives

SPEAKER OF THE HOUSESelected by the majority party

Job:Presiding Officer of the House

Power: Decides which committee a bill goes to. Paul Ryan (R-WI)

Elected 2015

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Leadership in the

House of Representatives

SPEAKER OF THE HOUSESelected by the majority party

Majority LeaderLeads the majority party

Job: Shepherds legislation

Minority LeaderLeads the minority party

Job: Leads Opposition

Nancy Pelosi (D-Ca)Kevin McCarthy (R-CA)

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Leadership in the

House of Representatives

SPEAKER OF THE HOUSESelected by the majority party

Majority Leader Minority Leader

Majority Whip Job:Assists the leader, rounds up

votes, heads large group of deputy

and assistant whips.

Minority Whip Job: Assists the leader,

rounds up votes, heads

large group of deputy and

assistant whips.

Steny

Hoyer

D-MD

Steve

Scalise

R-LA

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Other House Positions• Clerk of House does administrative duties.

• Parliamentarian keeps rule on debate.

• Chaplain prays before debate.

• Sergeant at Arms keep order.

• Official Reporters writes every single word in meeting.

• Post Master sees that everything is distributed.

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Georgia’s Representation

• Georgia currently has 14 congressional districts.

• Wheeler’s current congressional district is the 6th

represented by:

Congressman Tom

Price

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Leadership in the

United States SenatePRESIDENT OF THE SENATE

The Vice President of the United States

Vice President Joe Biden

Elected in 2012

Job:Presiding Officer of the Senate

Power: Breaks tie in legislation. Otherwise does not vote.

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Leadership in the

United States Senate

PRESIDENT OF THE SENATEThe Vice President of the United States

Orrin Hatch

R-UT

PRESIDENT PRO

TEMPORESelected by majority party. Usually

most senior member of the Senate

majority party

Job: Presides over the

Senate when the Vice

President is absent.

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Leadership in the

United States Senate

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Leadership in the

United States Senate

Harry Reid (D-NV)Mitch McConnell (R-KY)

Majority LeaderLeads the majority party

Job: Shepherds legislation

Also plans the senate work schedule,

assigns bills and senators to committees

Minority LeaderLeads the minority party

Job: Leads Opposition

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Leadership in the

United States Senate

Majority Whip

Assist the Majority Leader

Job: Makes sure legislators

are present for key votes

Minority WhipAssist the Minority Leader

Job: Makes sure legislators

are present for key votes

John Cornyn R-TX Richard Durbin D-IL

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Georgia’s Representation

Senator Johnny Isakson

AND

Senator David Perdue

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Opener: Tuesday, April 12th

• Crash Course - Congressional Leadership

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Congressional

Rules and Benefits

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Congressional Rules

• Loyalty to chamber

•Civility• Seniority – the most senior members get more choice of assignments

• Specialization expert in areas

• Reciprocity-support for each others bill.

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Privileges and Penalties

•Congressional Immunity

• Freedom of Expression in Congressional Records

• Expel Members with 2/3rd vote.

•Censure Members

•Codes of Ethics

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Compensation and Benefits

• Salaries ($150,000 approved in 2002) increases as cost of living does. (27th Amendment)

• Outside Income allowed

• Fringe Benefits (Perks)

• Offices

• Expense Accounts

• “Franking Privilege” Stationary and Postage

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Compensation and Benefits

• Computer service

• TV and radio broadcast

• Travel expense

• Foreign Trips

• Pension Plan and Retirement Income

• Incumbent = helped to get reelected

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Congressional Powers

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Constitutional Powers of CongressThe authority to make laws is shared by both chambers of Congress

• No bill can become a law without the consent of both houses.

• Each chamber also has special, exclusive powers as well.

• Other shared powers• Declare war

• Raise an army and navy

• Coin money

• Regulate commerce

• Establish the federal courts and their jurisdiction

• Establish rules of immigrationand naturalization

• Make laws necessary and proper to carrying out the powers previously listed

• Special powers• House – impeachment

• Senate – treaties, presidential appointments

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Legislative Powers

• Money power: lay and collect taxes, borrow money,

establish bankruptcy laws, coin and print money,

punish counterfeiters

• Appropriations bill – any law that authorizes

congress to spend money

• National debt – total dollar amount owed by the

government at any given time

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Commerce Power

• Intrastate commerce – commerce among the

states

• Foreign commerce

• Meaning of commerce – how it far it exceeds just

the buying and selling of products.

• Has allowed congress to control working conditions

including minimum wage.

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Foreign Policy Powers

• Approve treaties

• Declare war

• Create and maintain an army and navy

• Make rules to govern land and naval forces

• Regulate foreign commerce

• SHARES these powers with the President

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Providing for the Nations

Growth• Naturalization – the process by which immigrants to

the U.S. may become citizens.

• Authorize admission of new states

• Pass laws to govern territories

• Pass laws to govern federal property (military bases,

govt. buildings)

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Powers over the Judicial Branch

1. Establish Federal Courts

2. Set number of Supreme Court

Justices

3. Set the Jurisdiction of the

Federal Judiciary

Congressional Powers

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Other Legislative Powers

• Grant copyrights – exclusive right to

publish and sell a literary, musical,

or artistic work for a specified period

Grant patents - exclusive

right of an inventor to

manufacture, use and sell

his or her invention for a

specific period, currently 7

years

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Congressional PowersNon-Legislative Powers

A. Advise and Consent1. Presidential Appointments (V.P.,

Justices, and Cabinet)

2. Formal Agreements with Foreign Nations (Treaties)

B. Impeachment (Majority in House)

C. Convict and Remove Federal Officials (2/3rds in Senate)

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Congressional Powers

D. Admit New States to the UnionE. Amend the ConstitutionF. Counts Electoral Votes

If no majority: -the House will elect the Pres.-the Senate will elect the V.P.

G. Gov. “Watchdog” – Congressional committees can hold hearings and investigations, call witnesses, and make recommendations.

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Government Watchdog

Power to investigate• Done by standing or select

committees

• Lead to new legislation, changes in government programs, or removal of officials from office

• Have the power to subpoenawitnesses, prosecute witnesses for perjury, or hold them in contempt if they refuse to testify

• Witnesses can be granted immunity

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Government Watchdog

Legislative Oversight

• A continuing review of how effectively

the executive branch carries out the

laws that Congress passes

• Legislative Reorganization Act of 1946

and 1970 “Each standing committee

shall review and study, on a continuing

basis, the application, administration

and execution” of law in area of its

responsibility

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Government Watchdog• Limitations on Legislative Oversight• First, lawmakers do not have enough staff, time,

or money to effectively monitor the executive branch

• Second, lawmakers know that there are not many votes to be gained from most oversight activities

• Third, the language of some laws are too vaguemaking it difficult to judge

• Finally, committees might, sometimes favor the federal agencies they oversee

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Key Differences Between the House and Senate

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Congress in Your Life…

Make

the Laws

Oversight

Inform us of the laws

Constituent

services

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Congress is Important!

For Georgia!

And for you!

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Opener – Wednesday, April 13th

Crash Course - Congress

Schoolhouse Rock - How a Bill Becomes a Law

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Congress at WorkHow a Bill Becomes a Law

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How a Bill

Becomes a Law

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Types of Bills

• Private Bills: deal with individual

people or places

• Public Bills: deal with general matters

and apply to the entire nation

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Extras• Riders: a provision on a subject other than

the one covered in the original bill

Why do so few bills become laws?!?

There were supposed to be 5

sculptures at this National

Monument, the fifth…Susan B. Anthony. A rider to the

Congressional bill for Ms.

Anthony was killed and so

we have but four men on the mountain.

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How a Bill Becomes a Law:

1. In the House, introduction (sponsorship)

2. Sent to clerk of chamber

• Bill printed, distributed, and sent to appropriate committee or committees (referred by Speaker in House)

• Pigeonhole: ignore and simply let it die3. Committee refers bill to one of its subcommittees

4. Subcommittee researches bill and decides on hearings

• Hearings provide opportunity for both sides of issue to voice their opinions

5. Bill then revised in subcommittee and vote is taken

6. If vote is positive, the bill is returned to full committee

7. Full committee either rejects bill or sends it to House or Senate floor with a recommendation

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How a Bill Becomes a Law:

8. Next stage of action takes place on the floor

9. In House, goes to Rules Committee, given a rule, placed on calendar (but not budget bills)

• Rules limit debate and determine what kind, if any, amendments are allowed

10. House may choose to form a Committee of the Whole

• Allows for deliberation with only 100 members present

11. On the floor, bill debated, amendments offered, and a vote taken

12 If bill survives, it is sent to the Senate for consideration—if it was not considered there simultaneously.

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How a Bill Becomes a Law:

• In the Senate, bill may be held up by:

• A hold – a tactic by which a senator asks to be informed before a particular bill is brought to the floor.

• A filibuster – a formal way of halting action on a bill by means of long speeches or unlimiteddebate on the Senate.

• Cloture: Mechanism requiring sixty senators to vote to cut off debate.

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How a Bill Becomes a Law:

• Third state of action takes place when the two

chambers of Congress approve different

versions of the SAME bill.

• Conference committee works out the

differences so that there is the same wording

for both Senate and the House

• Returns to each chamber for final vote. If it

does not pass in each chamber it dies.

• If bill passes, it is sent to the president.

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How a Bill Becomes a Law

• President can either sign it or veto it.• The president has 10 days to consider a bill.• Four options:

1. Can sign the bill, at which point it becomes law.2. Can veto the bill; congress can override the

veto with a 2/3 vote in each chamber.3. Can wait the full ten days, at the end of which

time the bill becomes law without his signature IF Congress is still in session.

4. If Congress adjourns before the ten days are up, the president can choose not to sign the bill. The bill is then pocket-vetoed.• Bill would have to be reintroduced and go

through the entire process again in order to become a law.

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How a Bill Becomes A Law

Graphic Organizer• Use your Infographic to complete your graphic

organizer detailing how a bill becomes a law.

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Opener – Thursday, April 14th

• Crash Course - How a Bill Becomes a Law

Schoolhouse Rock - How a Bill Becomes a

Law

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Congressional

Committees

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Purposes of Committees

1. Allows members of Congress to divide

their work among many smaller groups

2. From the huge number of bills

introduced in each congress,

committees select a few for

consideration

3. By holding public hearings and

investigations, committees help the

public learn about key problems and

issues facing the nation

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Role of Parties in Organizing Congress

• Parties and their strength have important

implications in Congress.

• Committees are controlled by the

majority.

• Committees set the agenda.

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Committee System• Standing Committees

• Continue from one Congress to the next—bills referred here for consideration

• Joint Committees

• Includes members from both houses of Congress, conducts investigations or special studies

• Conference Committees

• Joint committee created to iron out differencesbetween Senate and House versions of a specific piece of legislation

• Select (or special) Committees

• Temporary committee appointed for specific purpose, such as conducting a special investigationor study

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Additional Types of Committees

• Subcommittees: Divisions of standing committees

• Specialize in a subcategory of the standing

committees

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Committee Membership• Members often seek assignments to committees

based on

• Their own interests or expertise

• A committee’s ability to help their prospects for reelection

• Pork: legislation that allows representatives to bring home the “bacon” to their districts in the form of public works programs, military bases, or other programs designed to benefit their districts directly.

• Access to large campaign contributors

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Committee Chairs

• These individuals have tremendous power and prestige.• Authorized to select all subcommittee chairs

• Call meetings

• Recommend majority members to sit on conferencecommittees

• Can kill a bill by not scheduling hearings on it

• Have staff at their disposal

• In the House - seniority vs. loyalty to the party

• In the Senate - seniority still important

• Both chambers have term limits for chairs.

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Important Committees

• In the House

• Rules Committee

• Ways and Means Committee

• Appropriation Committee

• In the Senate

• Foreign Relations Committee

• Finance Committee

• Appropriation Committee

• Chairpersons are the most powerfulmembers of committees (145)

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The House

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Senate CommitteesStanding

• Agriculture, Nutrition, and Forestry

• Appropriations

• Armed Services• Banking, Housing, and Urban Affairs

• Budget • Commerce, Science, and Transportation

• Energy and Natural Resources

• Environment and Public Works

• Finance

• Foreign Relations

• Health, Education, Labor, and Pensions

• Homeland Security and Governmental Affairs

• Judiciary

• Rules and Administration

• Small Business and Entrepreneurship• Veterans' Affairs

Special, Select, and Other

Indian Affairs

Select Committee on Ethics

Select Committee on

Intelligence Special Committee on Aging

Joint Committees

Joint Committee on Printing Joint Committee on Taxation

Joint Committee on the Library Joint Economic Committee

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Compromise – Not a Dirty Word!

• Resolving differences

• Congressmen bargain over each section

of the bill

• Each house must accept the final

compromise bill – conference report

• Once accepted, the bill is sent back to

the houses for another floor vote

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Running for Office and Staying in Office

• Incumbency

• The fact that being in office helps a person stay in

office because of a variety of benefits that go

with the position

• Name recognition

• Access to free media

• Inside track on fund-raising

• District drawn to favor incumbent

• 1980 to 1990, an average of 95 percent of

incumbents who sought reelection won their

primary and general election races.

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• Only members of the House or Senate can submit a

bill.

• Once a bill is introduced: usually a dead end.

• Of about 9,000 or so bills introduced during a session of

Congress, fewer than 10 percent make it into law.

• System of multiple vetoes; power is dispersed as the

Framers intended.

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How a Bill Becomes Law

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Congress and the President

• Constitution envisioned that Congress and the president would have • Discrete powers

• One branch would be able to hold the other in check.

• Since the 1930s, the president has had the upperhand.

• But Congress still has ultimate legislative authority to question executive actions and

• Congress can impeach and even remove him from office.

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• Congressional Oversight• Congressional review of the activities of an

agency, department, or office

• Foreign Affairs Oversight• War Powers Act

• Passed by Congress in 1973: Limits the president in the deployment of troops overseas to a sixty dayperiod in peacetime unless Congress explicitly gives its approval for a longer period.

• Confirmation of Presidential Appointments

• The Impeachment Process

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Congress and the Judiciary

• Congress exercises its control over the

judiciary in several ways

• Can establish the size of the Supreme Court, its

appellate jurisdiction, and the structure of the

federal court system

• Senate also has the authority to accept or reject

presidential nominees for the federal courts

• Senatorial courtesy: process by which presidents,

when selecting district court judges, defer to the

senator in whose state the vacancy occurs.

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Mr. Smith Goes to Washington

• Read along as we prep for the movie

• Remember – no phones during the movie – you

need to pay attention!

• Movie questions completed and turned in tomorrow

before you leave class

• Be prepared for questions on the movie in your Unit

Test next Tuesday

• Answer the movie questions as you watch and

enjoy the movie!

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Closer: Thursday, April 14th

• Interesting facts about Congress

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Opener – Friday, April 15th

• Crash Course - Congressional Committees

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Their Purpose: Communicate “wants” to government leaders – influence public policy1. Share common goals and organize to influence

government2. Address specific problems or issues in society3. Unite like-minded people from all over the country 4. Derive strength in numbers

• Government will respond better to large groups than individuals• They have access to more money• Organization

Defining Interest Groups

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Why Join?

•Economic interests

• Individual beliefs, values, or attitudes (political ideology)

•Non-political (social)

•Upper income levels

•Who is looking out for the rest of us?

Who Joins?

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Types of Interest Groups•Business and Labor

• (AFL-CIO, National Association of Manufacturers, United Mine Workers)

•Agricultural Groups

• (NFU – National Farmers’ Union)

•Others

• Professional (ABA), Environmental (Sierra Club, Greenpeace), Public Interest (Common Cause), Government

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SIGs and Unions• Many special interest groups are unions.

• So what is a union?

• A union is an organized group of workers who

collectively use their strength to have a voice in

their workplace. Through a union, workers have

a right to impact wages, work hours, benefits,

workplace health and safety, job training and

other work-related issues

• So unions began their influence in the workplace

and later extended their influence to the

government.

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Union Influence

Public vs. Private Sector

• Public sector jobs are government jobs paid by

taxpayers.

• Private sector jobs are jobs in privately and

corporately owned businesses.

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How does an Interest

Group influence Policy•Generating Public Pressure – trying to

influence the government by using public opinion on an issue•Hiring professional Lobbyists•Using Constituents as Lobbyists (letter-

writing campaigns)•Media Campaign•Building Alliances – forming

partnerships with groups who share a policy goal

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Special

Interest

Groups

&

Political

Parties

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Limitations of Interest Groups

•Different groups have different, sometimes conflicting goals

•Larger Interest Groups have more diverse interests

•Smaller Interest Groups have more narrow goals

•Laws to avoid corruption

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Interest Groups: The Positive

• Individual citizens can influence government beyond

just voting

• Increase the interest and participation of voters

• Gives minority groups access to all branches of the

government

• Continued expansion of interest groups is expected

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Interest Groups: The Negative• Power of interest groups greater than ever before

• Raise and spend large sums of money to support

candidates and parties,

• This support buys access and the internet is a great tool

for rallying the troops

• Also provide endorsements to candidates during

campaigns

• Open Secrets

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Major Special Interest Groups

• National Association for the Advancement of

Colored People http://www.naacp.org

• American Federation of Labor-Congress of

Industrial Organization http://www.aflcio.org

• American Medical Association

http://www.ama-assn.org/

• National Education Association

http://www.nea.org/

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Influencing Public Policy Lobbyists

•What is lobbying?

•Direct contact with lawmakers or government leaders

•What is a lobbyist?

•Representative of an interest group

• Therefore serves as direct influence by an Interest Group

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Who is a Lobbyist?• Individual paid by an interestgroup• By law, must register with Congress

• By law, must file reports to disclose activities

• By law, must estimate salary from the group they represent

•Revolving Door: Many lobbyists are formergovernment officials

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What Does a Lobbyist Do?•Meets with Congressmen and women

•Provide reports, statistics, and other relevant information

• Testify before congressional committeesduring hearings or investigations

•Help members of Congress draft bills

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• AARP – American Association of Retired

People*

• Christian Coalition*

• NARAL – National Abortion Rights Action

League*

• ACLU – American Civil Liberties Union*

• Club for Growth

• NEA - National Education Association*

• Council on American-Islamic Relations

• National Resources Defense Council

• ABA - American Bar Association*

• Emily’s List

• NOW – National Organization of Women*

• American Conservative Union

• Environmental Defense Fund

• NRA – National Rifle Association

• American Farm Bureau

• Family Research Council

• PETA – People for the Ethical Treatment of

Animals

• AIPAC - American Israel Public Affairs

Committee

• Brady Campaign to Prevent Gun Violence -

previously known as

• Handgun Control, Inc.

• Public Citizen*

• AMA - American Medical Association*

• Moveon.org

• Sierra Club

• ATLA - Association of Trial Lawyers of

America

• NAACP – National Association of Colored

People*

• US Chamber of Commerce

• The Business Roundtable

• AFL-CIO – American Federation of Labor

– Congress of Industrial Organizations*

• NAM - National Association of

Manufacturers*

• Veterans of Foreign Wars*

• Planned Parenthood

• ASPCA – American Society for the

Prevention of Cruelty to Animals

• National Wildlife Federation

• MADD – Mothers against Drunk Driving

American Association of People with

Disabilities

• GLAD - Gay & Lesbian Advocates &

Defenders

• League of Women Voters

• National Immigration Forum

• Lulac

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Mr. Smith Goes to Washington

• Read along as we prep for the movie

• Remember – no phones during the movie – you

need to pay attention!

• Movie questions completed and turned in tomorrow

before you leave class

• Be prepared for questions on the movie in your Unit

Test next Tuesday

• Answer the movie questions as you watch and

enjoy the movie!

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Opener: Tuesday, April 19th

Page 107: The Almost Painless Guide to the Legislature Legislative ...

Unit 3 Test

• Remember!

• No talking

• No squawking (no disruptions)

• No gawking (eyes on your own paper)

• No walking (raise your hand & I’ll come to you) – until

all tests are turned in.

• All multiple choice answers are to be bubbled in on your

Zipgrade answer sheet.

• Remember to complete your essay question on the separate sheet.

• Extra paper is available if you need it

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Opener – Tuesday, April 19th