The Legislative Branch(chapter 5 & 6)

Congressional MembershipHouse of Representatives

SenateCommittees

Constitutional PowersInvestigation & OversightCongress & the President

Essays for Ch 5-6

• Our Congress is NOT a true cross section of our society. Explain WHY this is a good OR a bad thing

• Rules of debate are different in the Senate and the House of Representatives. Explain the rules of each. Why are they different? What is a “FILIBUSTER” and how is it used as a method of changing the bills being considered?

• Committees do a huge amount of the work of Congress. Explain what a committee is and what they do when considering a bill

• EXTRA CREDIT: Name the leadership in the House of Representatives and the Senate

Extra Credit for Ch 5-6

• Name the people who hold leadership positions in Congress

• HOUSE OF REPRESENTATIVES• Speaker of the House• Majority Leader• Majority Whip• Minority Leader• Minority Whip•  • SENATE• President of the Senate• Senate Pro Tempore• Majority Leader• Majority Whip• Minority Leader• Minority Whip

Congressional Membership

• Congressional Sessions• Each term of Congress begins on January 3 in odd years and

lasts for 2 years• 115th Congress, 1st Session• Each term of Congress has 2 sessions (or meetings)

• Membership in the House• 435 members of the House of Representatives• Each seat represents a certain number of residences• Each state is entitles to at least one representative

House Membership• Qualifications

• 25 years of age• US citizen (at least 7 years)• Live in the district in the state they represent

• Representation• 2 year terms (1st Tuesday after the 1st Monday of November)• Must return to their constituents regularly for approval

• Reapportionment• Census taken every 10 years to determine population• Representation based on state’s population• States may add/subtract/stay the same• If they change, district lines must be redrawn (reapportionment)

Redrawing District Lines

• State Legislatures decide how district lines are drawn

• WA – Special Commission• WA – 9 to 10 seats in last census

• Gerrymandering• Redrawing political boundary lines to gain political

power• “Packing” is when they concentrate the opposing party

into one or more districts• “Cracking” is when they split up the power of the

political party

Gerrymandering Packing Cracking

Example of Gerrymandering

Chapter Assignment

• Writing your own bill• Come up with an idea

− Something you think the government should be doing

− Something the government is doing that they should not be doing

− Something fun

• Write your idea in “Bill Format”

Practice Bill

• Be it Enacted:• Section One: 1st Detail• Section Two: 2nd Detail• Section Three: 3rd Detail• !!! One section for each detail you

identify• Section (second to the last): Cost,

where will the money come from• Section (last section): Start Date

Be It Enacted

• The “Be It Enacted” statement is a one or two sentence statement of the basic reason for the bill

• EX- To encourage students to perform better in school, students will be paid for the final grade they earn

House Bill #10A1• Be it enacted that to encourage students to perform better in school,

students will be paid for the final grade they earn• Section One: The final grade a student earns in a trimester or

semester course will receive the following amount:A = $25A- = $20B+ = $15B = $10B- = $5

Section Two: The money earned will be placed into a student account. The student can use that money for any school related expense. These expenses may include but not be limited to: ASB card, sports, dances, senior pictures, senior cap and gown, class fees, yearbook.

Section Three: Any money left over can be applied to that student’s tuition to college or technical college.

Section Four: Any money not spent within a year of graduation will return to the fund for this program.

• Section Five: The cost will vary in each district. Each school will look at average grading over the past three years to estimate the cost for their school. That figure will be added to the maintenance levy proposed the next election cycle

• Section Six: This law will take effect after the passage of the next levy. If the levy does not pass, the school is exempt from this law.

House Bill #11-3-1Title: Rewarding Fuel Efficient CarsSponsor: The Honorable Kathy Copp

• Be it enacted that people who choose to drive fuel efficient cars be rewarded by having lower car tabs.

• Section One: Vehicles that are more fuel efficient are more desirable than lesser efficient vehicles. Car tabs will be set based on the fuel efficiency of the car.

0-10 = $200 per year11-20 = $100 per year21-30 = $50 per year31-40 = $25 per year41-50 = $10 per year51-or more = Free

• Section Two: New vehicles will use the MPG on the sales sticker. Used cars will need to be tested within one month of purchase. Official test centers will be created. They will issue a certificate of mileage.

• Section Three: Cars owned for more that 4 years will need to be retested every 4 years at an official test center.

• Section Four: The initial cost to the government will be in creating and licensing the testing centers. Each car will pay a $25 fee to be tested. This will offset the costs of the program

• Section Five: Vehicles will begin to pay the new fees and need to be tests as of January 2014.

Membership of theSenate

• Qualifications• 30 years of age• US Citizen (at least 9 years)• Live in the state they represent

• Membership in the House• 100 members of the Senate• Each state has 2 members of the Senate• Each member is “At-Large” which means they represent the

entire state, not just a part of the state• 1/3 of the Senate is up for election every 2 years (staggered)

Salaries and Benefits

• Salary• $174,000 per year (Leadership is more)

• Benefits• Office, equipment and supplies• “Franking Privileges”• Gym in Congress• Medical Clinic/coverage• Allowance

– Housing– Travel– Staff– Communications with constituents

• Good Retirement ($150,000 per year for life)

Privileges• Free from arrest “in all cases except treason, felony,

and breach of the peace”• Members cannot be sued for anything they say on

the floor/in committee• Right of refusal: Congress can refuse to seat an

elected member if they believe them to be unfit to serve (majority vote)

• Censure: the power to punish a member for disorderly behavior. From minor (removal from committee/position) or major punishment can be voted on (up to expulsion for things like bribery, treason, etc)

What does a “typical” congressperson look like?

• Race• Gender• Age• Education• Profession• Religion

Which is a typical senator?

Typical Member of Congress

• Is this an “average” member of Congress?

Characteristics of a Member of Congress

• House * Senate White

361/435 Male 16/10056 Middle Aged to Older 62

Educated (College or more)Business, Law, PoliticsReligiousMarried

The past 20 years have seen changes. More women and people of color have been elected in the last 5 to 10 election cycles

Women House=74 Senate=16Ethnic House=71 Senate=6

House of Representatives

• Rules for Lawmakers• Each house has specific rules • House rules aimed at defining actions a rep can take

– 5 minute limit on speech during debate– Geared towards moving legislation through– Leadership can control legislation without consulting members

• Committee Work (large numbers allow many committees)– House divided into committees to specialize on topics– Gives time to study and shape bills– Members often assigned to committees important to their constituents

• Party Affiliation very important– Majority Party controls the committees so control the legislative agenda– Majority Party has more members on each committee– Speaker of the House is the most powerful member of Congress (majority party

leader)

House of Representatives

• House Leadership• 6 Goals of Leadership

− Organize and Unify party members− Schedule work− Make certain party members are present for key votes− Distribute and collect information− Keep House in touch with the President− Influence lawmakers to support their party’s agenda

• Speaker of the House− Presiding officer and most powerful member of the House− Chosen at a party “caucus” (meeting of party members)− Influences agenda and all proposed bills− 3rd in line to the Presidency

• House Floor Leaders− Majority Leader plans party’s agenda

– Steers legislation through committees– Is more of a party official than a House official

− Whip– Watches how party members intend to vote on bills– Informs leadership if someone is not voting the way the party wants them to

House of Representatives

• Lawmaking in the House• How House Bills are Scheduled

− Dropped into “hopper” to assign to committee− Speaker of the House sends it to committee− IF it comes out of committee, it is placed on the “calendar”

• House Rules Committee− VERY POWERFUL committee− Can move ahead quickly or stall a bill

• Function of the Rules Committee − Only proceeds to floor debate if/when Rules Committee decides− Taken in “calendar order” unless Rules Committee moves it up− Settles disputes between committees− Delays bills the Speaker/House Leaders do not want to come to the floor

• Quorum for Business− One more than half the body (435=218)− When debating or amending a bill, the House meets as a “Committee of the Whole” and

only 100 need to be present to constitute a quorum− Once revisions are done, the bill is reported back to the whole house for a vote

The Senate• The Senate at Work

• Senate is smaller so rules are different• Unlimited debate on most bills• May debate a proposed bill over weeks or months• Senate Leaders

− Closely parallels leadership in the House except no “Speaker”

• The Vice President− Official leader of the Senate, but only can vote when there is a tie− Little real power within the Senate− May use position to “influence” members’ votes− President Pro Tempore (Pro Tem) presides when VP can’t be there

• Majority and Minority Leaders− Majority Leader the real power in the Senate (akin to the Speaker)− Maj. Leader steers bills through committee and ensures member present for

key votes− Minority Leader is minority party’s most powerful member

– Keeps Party United– Critiques agenda of majority party

− Whips count votes of their parties and make sure members are present for key votes

The Senate

• How Senate Bills are scheduled• Because it is smaller, the Senate leaders assign bills (not a Rules committee)• Bill scheduled on calendars, but can be called up by unanimous consent

• The Filibuster• When the minority party knows they are going to lose a vote on a bill they want to block,

they can use a filibuster to extend the debate / stop progress• Unlimited debate allows a party to control the floor (not allow the other side to speak or vote

on a bill)• By controlling the debate, the minority can force changes to the bill or kill it outright• There are 3 rules to a filibuster

– Remain standing– Remain talking– Don’t leave the room

• Only way to end a filibuster is “cloture” or a vote of 60 or more to end the debate• The mere threat of a filibuster is enough to keep it from the floor for debate

• “Politics”• The majority party controls each house. But the minority party will use every

power at hand to influence the bills that make it through their house

Committees• Purposes of Committees

• Help ease the workload and are key centers of power for both houses

• Purposes1) Allows members of Congress to divide their work among

many smaller groups. Lawmakers in these committees become the “specialists” on the issues their committee works on

2) Committees decide which bills are to be considered. Each year, thousands of bills are introduced. The committees select the few that will receive full consideration. Most of the work on a bill is done in committee. All the details are worked out here. Most bills never get past the committee

3) Committees hold PUBLIC HEARINGS and INVESTIGATIONS to learn about the key issues relating to the bills they are considering. This also attracts the attention of the American public to very important issues

Today in the library

• Each Member• Q:• Response:

• Key Point− Evidence/facts− Commentary

• Key Point− Evidence/facts− Commentary

*** Transition to the next speaker

Committees

• Kinds of Committees• Standing Committees (permanent groups to oversee bills on

topics)– IE – Education, Defense, Interior, Commerce

• Subcommittees (specialize in sub categories within the standing comm.

– IE – Pre-School, Elementary, Middle/High School, Community Colleges, Universities)

• Select Committees (temporary committees set up to study one specific issue and report their finding to the whole house. May last one or several sessions of Congress

– IE – Select Intelligence Committee• Joint Committees (members from both houses work together

on an issue)– IE – Joint Committee on Economic Development

• Conference Committee (created to fix the differences between versions of a bill)

Choosing Committee Members

• Which committee an elected official is placed in is VERY IMPORTANT!! It can increase or decrease the power of that member

• Powerful Committees (the “right” committee)• Committees important to your state/district• Be able to influence national policy• Be able to influence other members (Rules or Ways and Means)

• Assignment to Committee – party leaders choose• Each member serves on a certain number of committees• Must “lobby” the Speaker or Majority Leader for assignment

• Role of Committee Chair – Very Powerful• Decide which bills will be considered and for how long• Chair controls the budget, hires staff

• The Seniority System – the longest uninterrupted serving member of the majority party is appointed chair usually.

Constitutional Powers

• Constitutional Provisions• Expressed Powers – written down IN THE CONSTITUTION

(Article I, Section 8)– 17 powers granted to Congress

• Implied Powers (can be inferred from the listed powers)

• Necessary and Proper Clause (AKA-the elastic clause)

can expand or stretch powers to meet the needs of the expressed powers

• Powers Denied (Article I, Section 9)

8 specific powers DENIED to the federal government

Constitutional Powers

• Legislative Powers• Taxing and Spending (Power of the Purse)

• “He who controls the money has the control”• Revenue bills gives Congress the power to raise money• Appropriation bills (spending tax dollars) must originate

in the House (“The Peoples’ House)

• Other Money Powers• Power to borrow money to pay government debts• Power to coin money• Power to make laws on bankruptcy

• The Commerce Power• Power to regulate foreign commerce• Power to regulate interstate trade

Constitutional Powers

• Legislative Powers• Foreign Policy Powers

− Shares power with President to make foreign and national defense policy

− Historically, Congress has let the President take the lead but since Vietnam, has exercised more of their powers

• Providing for Growth of our nation− Power over “Naturalization”− Power to admit new states

• Other Legislative Powers− Copyrights and Trademarks− Establish Post Offices and Federal Courts

Constitutional Powers

• Non-Legislative Powers• Power to Choose the President

– Electoral College to count the votes for the Presidency– In no one wins, the H of R will elect the President– The VP would be selected by the Senate

• Removal Powers– Impeachment – the power to remove any elected official– A. Johnson and B. Clinton only 2 “impeached”

* neither was convicted

• Confirmation Power– Senate confirms any presidential appointment

• Ratification Power– Senate ratifies any treaties signed by the President

• Amendment Power– Federal and State Legislatures share the power of amending

the Constitution

Investigation and Oversight

• The Power to Investigate• The Investigation Process

− Committees can conduct investigations− Witnesses may be called to testify under oath

• Rights of Congressional Witnesses− Like Courts, Congressional Committees have the power to subpoena− Perjury and Contempt charges for those who lie or won’t testify− Immunity can be granted to persuade testimony

• Legislative Oversight• Oversight and Checks and Balances

− Congress can check to see if Executive Branch is carrying out the laws as they intended− Limited use for many reason

• How Congress Limits the Executive− Power of the Purse – Congress controls the money− “Legislative Veto”-provision within bill to review and cancel actions of the Executive

Branch

• Independent Counsel− Congress can appoint an independent Counsel to investigate wrongdoings of

members of the Executive Branch

Congress and the President

• Cooperation and Conflict• Constituents and Conflict• Checks and Balances• Party Politics• Organization as a Cause of Conflict• Different Political Timetables

• The Struggle for Power• Curbing “Emergency Powers”• Controlling Budget Powers• Legislative and Line-Item Veto

Filibuster: “ A method of defeating a bill in the

Senate by stalling and preventing a vote”

• Used by the minority (losing) side • Used to stop/stall vote or gain concessions• Can talk about ANYTHING• Often, the threat is enough to stop a vote

• 3 Rules of a Filibuster• 1. Must keep talking• 2. Must remain standing• 3. Must stay in Senate chamber

Committee Votes(Record all votes taken in committee on bill sheet)

• Vote on all changes individually. Write down any approved changes and the vote results

• Pigeonhole: Kill the Bill

• Report Favorably: Send to whole house for vote with a positive recommendation

• Report Unfavorably: Send to whole house for vote with a negative recommendation

Floor Votes

• Voice Vote+ Quick- No record, inaccurate

• Standing Vote+ Fast, Accurate- No record

• Teller Vote+ Accurate record

- Very Slow

• Record / Roll Call Vote+ Accurate record, faster- (used to be slow) none

Essays for Ch 5-6 Test(Do 2 of the 3 Essays)

• Our Congress is NOT a true cross section of our society. Explain WHY this is a good OR a bad thing

• Rules of debate are different in the Senate and the House of Representatives. Explain the rules of each. Why are they different? What is a “FILIBUSTER” and how is it used as a method of changing the bills being considered?

• Committees do a huge amount of the work of Congress. Explain what a committee is and what they do when considering a bill

• EXTRA CREDIT: Name the leadership in the House of Representatives and the Senate

Extra Credit• Name the people who hold leadership

positions in Congress

• HOUSE OF REPRESENTATIVES• Speaker of the House• Majority Leader• Majority Whip• Minority Leader• Minority Whip•  

• SENATE• President of the Senate• Senate Pro Tempore• Majority Leader• Majority Whip• Minority Leader• Minority Whip

Chapter 5-6 “Need to Knows”

• Congressional Membership• House: Terms, Qualifications, How/Who they represent

– Gerrymandering/Reapportionment– Rules for debate

• Senate: Terms, Qualifications– Rules for debate, FILIBUSTER

• Committee Work• Leadership in House and Senate• Types of Committees• How bills are approved (in committee, in full debate)• Purpose of Committees (what they really do)

• Legislative Powers• Expressed• Implied• Non Legislative• Investigation and Oversight• Struggle for Power with the President