Unit 4: The Legislative branch

• Meets at the Capitol building in Washington, D.C.• _________________ (2 Houses)–Senate• Upper House• __________total senators (2 from each state)

–House of Representatives• Lower House• ________ total representatives (Based on state population)

Congress: Overview

• 1 _________________ of Congress = 2 years

– Begins on January 3 of every odd numbered year

– Example: The current Congress is the __________________ Congress. Its term began January

3, 2011. After elections in November 2012, the 113th Congress will begin its term on

January 3, 2013.

• Each term consists of 2 ________________(the period of time in which Congress

meets and actually conducts business).

– Each session = about a ___________

– Congress _________________(ends until the next session) whenever it seems

appropriate

– House and Senate must vote to agree on a time to adjourn

– _______________ = the time in which Congress is not in session (usually a few

weeks out of the year)

When does congress meet?

House of Representatives

• At least _______yrs old

• US Citizen for at least _____yrs

• Live in the state you represent

• Live in the district you

represent

Senate

• At least ______ yrs old

• US citizen for at least ___yrs

• Live in the state you

represent

Qualifications

See Chart on Next page for differences between House and Senate

• In each house of Congress, there is a majority party and a minority party. – _____________ party: Party with the most members in office during a

term of Congress – _____________ party: Party with less members in office during a term

of Congress• After ________________elections (every 2 yrs), there is a ___________in

the number of officeholders each party has in each house of Congress. • If enough officeholders in the ______________party in either house of

Congress _____________to opponents from the ______________ party, then the minority party becomes the ______________ party and vice versa.

Political Parties in Congress

• __________ Election (111th Congress):______________ control both the House and the Senate

– Senate: _____ Democrats, ______ Republicans– House of Reps: _____ Democrats, _____ Republicans

• _________ Election (_______ Congress – Our current Congress):Democrats control ___________, Republicans control ___________

– Senate: are the majority party. Republicans are the minority party.• 51 Democrats • 47 Republicans.

– House of Representatives: are the majority party. Democrats are the minority party. • 193 Democrats• 242 Republicans

Shifting Political Power in Congress - Examples

Leadership in the Senate

•Official President of Senate = _____________ ___________________•The VP doesn’t usually attend sessions of Congress, so the head of Senate in practice is the ____________________•President pro tem. = the longest-serving member of the ____________party•Current president pro tem: _________ __________(D – Hawaii)

• Party Leaders– Role: _________________for his political party in the

Senate– Each political party has a party leader– Current Majority Party Leader: ___________

__________ (D-Nevada)– Current Minority Party Leader: __________

____________ (R-Kentucky)

• Whips– Role: “Enforcers” of the party. Each party’s whip

assists the party leader by ensuring that the Senators from their party all vote the same way.

– 1 for each party:• 1 minority party whip: ___________________• 1 majority party whip: _____________________

Leadership in the House• Head of the House: ______________• Chosen from the _____________ party by the

majority party• Role:– Steers ________________ by choosing which bills get

debated– If the majority party in the House is NOT the

________________ political party, then the Speaker also serves as the ___________ of his/her political party

– Current Speaker: ___________________(R - OH)

• Other important roles: – Party Leaders: Majority Party and Minority Party

• 1 ____________ party leader: Not as important because the _________________________ serves as the head of the party

• 1 minority party leader: next in line to become Speaker if minority party becomes majority party after an election. – Voice for the “loyal _________________”– “__________________” of the majority party

– Whips: Same role in House as in Senate. Help the party leader with…

– Ensuring that party members __________ the same way on issues.– Coordinating responses to the other party’s legislation– Making sure other representatives are ____________on the days

there are votes on very important issues

Who represents you?

Georgia’s Senators:•________________(R)•________________(R)

House of Representatives:•Georgia has ______ Congressional districts•Each district sends _____ representative to the House•We live in the _____ Congressional District (which covers Gwinnett Co., Walton Co., and parts of Barrow Co.•The representative for GA’s 7th district is ________________ (R)

• ___________________– The _____________

(dividing up) of seats in the House of Representatives (or any other legislative body)

– Each state is guaranteed at least _________ seat, no matter its population

– There is no _________ to the number of ___________Congress members may serve

• __________________– The process of deciding how

many ______________ to Congress a State will receive (based on _____________)

– Happens after every ___________ (every ____ yrs).

– Results in ____________: the redrawing of the boundary lines for each Congressional ______________in a State

Apportionment/Reapportionment

• There are _______ total “__________” in the House of Representatives.

• These 435 seats are divided among the States based on _______________, so that each representative has about the same number of _______________ (people they represent)

• The census is a ______________ measurement that the US government takes every 10 years. They count how many people there are in the US, where they live, which areas have gained a lot of people and which areas have lost a lot of people, etc.

Reapportionment: How it works

• Based on census results, States may ________ or ________ seats in the House of Representatives– Ex. Georgia gained _____seats after the 2000 census,

and gained another seat after the _______ census.

• States are required to redraw their district lines AT LEAST every _______years (after each census), although they can _________ them more often if they want.

• Most States leave it up to their _____________ to decide when and how to redraw lines

• A group of officials, usually chosen by the State legislature, gets together and draws a boundary _______

• Then, they usually submit it to the State legislature for approval (everyone __________on it).

• Congressional district maps can be very controversial. Politicians often try to draw districts to help them or members of their ___________party win elections.

Who redraws the lines?

Gerrymandering• Drawing district lines to affect ____________

power (give one party an ______________ over the other in elections)

• Gerrymandering is not always __________, but courts can force a State to redraw district lines in extreme cases– ____________-based districts are always illegal– All parts of a single district must be _____________

in some way

• First, a quick review on types of powers…• The US govt is a govt of ______________powers – each

branch only has those powers delegated (given) to it by the Constitution.

• The Constitution delegates (gives) powers in 3 different ways (i.e. there are 3 types of delegated powers):– powers: Powers that are specifically

_________________, in writing, in the Constitution– powers: Powers that are not specifically

______________in the Constitution, but it’s reasonable to assume a branch has them based on its expressed powers

– powers: Powers that are not specifically stated in the Constitution, but are assumed just because the they are powers that a national government should have

• It is expressly written in the Constitution that Congress has the power to…1. Tax2. Borrow money3. Regulate ______________ and trade (between the US and

foreign countries, AND between states within the US)4. Coin/print money5. Establish laws on bankruptcy6. Declare _________________7. Make and sign ____________________

Expressed Powers of congress

8. Make laws regarding naturalization9. Create and maintain post offices and postal routes10. Issue copyrights and patents11.Establish uniform measures of distance, time, etc.12. Acquire, manage, and dispose of federal lands 13.Create all federal _____________ below the

Supreme Court14.Define federal crimes and decide their

punishments

Expressed powers of congress

• The ______________________Clause gives Congress the power to pass any

law it needs to pass in order to carry out its ________________ powers (the

ones we just listed)• Also known as the “_________________ Clause” because it’s been

stretched to mean so many different things over the years• Example 1:

– Expressed power: Congress has the power to regulate ______________– Implied power: Congress can pass a law establishing a ______________

______________– Implied power: Congress can pass laws banning _______________in the

workplace• Example 2:

– Expressed power: Congress has the power to collect _______________– Implied power: Congress can pass laws punishing people who do not

pay taxes (tax ___________________)

Implied powers of congress

• The primary function of Congress is to make ____________• However, it also has some other “chores” not related to law-making…1. Propose Constitutional ____________________(requires 2/3 votes in

each house)2. ____________________Duties

– The House of Reps chooses the ________________if no candidate

gets a majority of electoral votes for office

– The Senate chooses the ____________________if no candidate

gets a majority of electoral votes for office

– 25th amendment: If the President must choose a replacement VP,

Congress must vote to ________________his choice

The non-legislative powers of congress

3. Approving Presidential ________________(__________only)

– Recall that the President appoints (names/chooses) many federal

positions: Supreme Court judges, Cabinet positions, (i.e. Secretary of

State, Secretary of Homeland Security, etc.), etc.

– Each person must be approved by a ______________ vote in the Senate

– The Senate ________________ turns down a Presidential appointment

4. Approving _________________ (____________only)

– Again, each treaty negotiated by the president must have a

_________________vote in the Senate to pass

The next two non-legislative powers of Congress are part of its __________________ function

(oversight = the process by which Congress checks to make sure the _______________ branch is doing its job and acting in line

with the Constitution and the law)

5.Investigations– Congress uses its _________________ system (we’ll learn

about that later) to gather information for a number of reasons• Ensure the executive branch agencies are operating efficiently• Focus _____________attention on a certain issues (ex. drugs,

violence on tv, etc)• Expose ___________________ activities of public officials

Non-legislative duties of congress (_______________ function)

6. __________________: The Constitution provides that the President, Vice President, and all ______________officers of the US may “be removed from Office on Impeachment for and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”– The House has the sole power to impeach

(___________________)• Requires a __________________ vote of approval• If the majority vote for impeachment, the official then goes to

______________

– The Senate has the sole power to try (to judge) and __________________(find guilty) in impeachment cases• Requires a ___________________vote of approval (harder to do)• If the official is found guilty after the trial, they are removed from office

Non-legislative duties of congress (Oversight function)

• To date, _____ Federal officials have been impeached

– 15 federal ________________

– 1 cabinet secretary (1876 - the US Secretary of War)

– 1 US Senator (1st impeachment ever. William Blount, 1797)

– 2 US ____________– Andrew Johnson, Bill Clinton

• Of those 19, ___________ have actually been

______________ from office

• All 8 of the removed officials were federal _____________

Impeachment

A Tale of Two Impeachments…

1. Andrew ______________ (1868)

• “____________ Republicans” wanted him out of office

• Congress passed the Tenure of Office Act

• Johnson violated it by replacing the Secretary of War

• House __________ him

• Senate failed to get the ________ vote to remove him

2. Bill Clinton (1998)• Clinton was accused of sexual harassment

by Paula Jones, a former employee• During the trial, Clinton lied about having

an affair with intern Monica Lewinski• House impeached him on charges of

___________ and obstruction of justice• Senate __________ ______obtain the ____

vote to remove him

• Congress also monitors its own members (not just members of the executive branch)

• 2 levels of ________________ for a Congressperson’s “misbehavior”– _________________: Congress officially

_________________ (expresses disapproval of) the Congresspersons’ actions, but does not ___________ them from office• Requires a __________________ vote• Basically, it’s a form of public humiliation as punishment

– _________________: Congress actually ___________ the Congressperson from office• Requires a _________ vote to pass

Congressional oversight

• Remember that Congress is very large (100 Senators, 435 Reps)– Approximately _________bills are proposed to Congress each session (1

year)– That would be about __________ bills per work day (M-F) to read (some

are hundreds of pages long), research, debate, re-read, vote on, and send to the President to consider

– That would be impossible!!

• So, most of the work done in Congress is done in ____________.

– That is, Congresspeople divide into smaller groups, and each group only

handles certain types of bills

– Committees are like “_______________ ________________”

– Allows for a “_____________ of ____________________”

Congress In Action

• ____________ Committees: __________committees that handle all bills on a particular subject

• ____________Committees: (aka “special committees”) committees created for a limited time for a very ______________purpose

• _____________Committees: committees made up of people from both the Senate and the House of Reps

• _____________Committee: temporary joint committee formed to discuss and edit bills before they go to final vote in both houses

Congressional Committees

• Most of the work in Congress is done in _____________

(permanent) committees

• Currently, there are ______standing committees in the House

– Examples: Ways and Means (taxes), Armed Services, Homeland Security,

Energy

– Most representatives are on 1-2 different committees

• Currently, there are _____ standing committees in the Senate

– Examples: Finance, Veteran’s Affairs, Armed Services, Appropriations

– Most Senators are on 3-4 different committees

Standing Committees

• Select Committees are formed to handle issues that are too _______________to be sent to one of the larger, standing committees

• Usually ________________, rather than legislative (i.e. they are less concerned with making __________ as they are concerned with ____________ an issue)

• 2 basic functions– _________________: Investigate ethics issues

• Example: Senate’s select committee on Presidential Campaign Activities (aka Senate Watergate Committee)

• Formed to investigate ethics violations in the 1972 election. Led to information that incriminated Nixon and led to his resignation

– _________: to bring attention to specific issues of interest• Example: Senate’s Special Committee on Aging – does ongoing

research on issues affecting the elderly • Research benefits the elderly in that it may lead to better laws, or it

may help private companies to serve the elderly better

Select Committees

Joint committees• Made up of members from both houses of

Congress

• 4 joint committees:

– Joint Committee on ______________

– Joint Committee on ______________

– Joint Committee on the _____________ (focuses on

managing the Library of Congress)

– Joint ________________Committee

• Every committee is led by a ____________ ________________• Powers/Responsibilities of the committee chairman:

– Gets to choose which bills are considered, and which get ______________• Pigeonholed = set aside to be dealt with at a later date• Most bills “___________” in committees. That is, they are pigeonholed and

never brought back up– Assigns committee members to _____________ (smaller, even more

specific groups within the larger committees)– Sets deadlines and dates for each bill to be researched and discussed

• The committee chairman is selected based on ____________ ___________:– The ______________-_______________ member of the majority party

gets to be the committee chairman for each committee– So, right now, all committee chairmen in the House are Republicans,

and all committee chairmen in the Senate are Democrats

Who is in charge?

Pros

• Easy rule to follow

• Ensures that the chairman

is always someone with

________________

• Prevents ____________

______________among

committee members

Cons• Ignores the

________________of individual people

• Discourages _____________members

• Long-serving representatives often come from “___________ districts” that will vote for that person regardless of issues, so they may be out of touch with the opinions of most Americans

Seniority rule

How a Bill Becomes a Law

Step 1: ____________

• Ideas for bills come from all kinds of sources:

_______________, lobby groups, the

President, etc.

• Any member of Congress can _______ (write)

a bill and introduce it to his/her house of

Congress

House of Reps• Bill is placed in a

“____________” on the clerk’s desk

• _________ = record keeper– Numbers and names

each bill• Example: The 3,410th bill

to come through a session of Congress is numbered ________________

– Then, passes the bill on to the Speaker of the House

Senate

• Senators can introduce bills 2 ways:– _____________ them to

the clerk– ______________ them

directly on the floor of the Senate

• Bills in the Senate are numbered the same way as in the House, but begin with an S (ex. ___________)

Step 2: Bill is ___________

Step 3: Referred to _____________/________________• The __________________(House of Reps) or

the ___________________(Senate) assigns the bill to the appropriate committee

• Most bills “______________” at this stage. • But, If the committee chairman chooses to

consider the bill, he/she may refer it to a ________________

• Then, the committee will act based on the research done in subcommittee

• After researching and discussing the bill, the committee

may do one of the following:

– _______________ the bill to the full House/Senate with a

“_______ __________” recommendation

– ________________ the bill

– Report the bill to the full House/Senate with

______________made to it

– Report the bill to the full House/Senate with an unfavorable

recommendation

Step 4: _____________ the bill

• IN THE HOUSE OF REPRESENTATIVES…..– The bill must go through a ____________Committee

before making it to the floor for debate– The Rules Committee establishes

• ___________ the bill will be debated• Length of _____________ for the debate• Other _____________rules (i.e. it may prevent any

amendments/changes to the bill once it is on the floor for debate)

– Rules Committee can _____________a bill by never setting rules for it

Step 5: ______________

• IN THE SENATE…– The bill goes directly to the floor for debate– Debate is much less ________________than in the House: Any

senator, when given permission to speak, can speak as long as he/she wants, and does not have to stay on ________________

– : a stalling tactic used to delay or prevent a vote on a bill

• Usually involves “_______________the bill to death” – a senator will talk for

hours on end until the rest of the Senate votes to drop the bill or make changes

to it to please the party that is attempting to block it

• Only way to stop a filibuster: 60/100 Senators vote to a – an

end or limit to the debate. The filibuster must stop at that point, and strict rules

for debate from that point on are enforced.

• There are 3 methods for voting on a bill in the U.S. House of Representatives:– Viva Voce ( vote): The Speaker of the House asks the

Representatives who support the bill to say “_______” and those that oppose it say “no.”

– : The Speaker of the House asks those Representatives who support the bill to stand up and be counted, and then those who oppose the bill to stand up and be counted.

– : Representatives record their vote using the electronic voting system. Representatives can vote yes, no, or ____________(if they want to show that they were there, but don’t want to vote on the bill).

• There is only one method of voting in the Senate:– Viva Voce (voice vote): The __________________asks the senators in

favor to say “aye,” and those opposed to say “no”

Step 6: The Bill is ____________ on

• Bills must be approved by BOTH the __________and the __________ before going before the President for approval

• So, if the bill starts in the House, it must go to the ___________for approval

• And, if it starts in the Senate, it goes to the ________ for approval

• Then, it goes through all of the steps all over again….• If it passes the 2nd time around, then it moves on to the

President• If it is changed in ANY way, then it is referred to a

_____________ committee (temporary committee made up of people from both houses that ____________ the bill before it goes to a final __________in both houses)

Step 7: The Bill is____________to the Other House of Congress

• The President has 3 choices:1. _____________ the bill, making it a law.2. _____________ the bill by refusing to sign it. The bill is sent

back to Congress with the President’s reasons for veto• Congress can override this with a in support of the

bill

3. ____________veto: President does nothing with the bill• If Congress is in ____________, the bill passes anyway after

___________• If Congress is not in session, the bill __________and does not

become a law

Step 8: Bill is sent to the ___________

House of Representatives Senate

Larger (435 members) Smaller (100 members)

Shorter terms (2 yrs) Longer terms (6 yrs)

All members up for re-election every 2 yrs 1/3 of members are up for re-election every 2 yrs.

_____________members (on average) __________ members (on average)

Less ___________ More _____________

Strict rules, limited debate Flexible rules, nearly unlimited debate

Less coverage by ________ ____________ More coverage by __________ _________

Major differences between the House and Senate