Unit 1 Government Exam
Olenaz808
Legislative-Branch.pptxThe Legislative Branch
Article I
Congress
Terms and Sessions of Congress
A term is the length of time between elections in Congress (two years).
Each Congressional term consists of two sessions, one during each year of a term.
Bicameralism
Congress consists of two houses, the House of Representatives and the Senate, that act to check and balance each other.
Congress has its roots in British and Colonial history.
Our bicameral legislature is a reflection of federalism, and was part of the Connecticut Compromise of 1787.
House of Representatives
Term: 2 years
No term limits
Qualifications
25 years old
7 years as a U.S. citizen
Resident of represented state
Reapportionment
Process of re-dividing the 435 seats of the U.S. House of Representatives based upon each state's proportion of the national population.
The preceding census is the baseline for determining how many House seats are allotted to each state. (CO: 7)
Minimum representation per state: 1 seat
Wesberry vs. Sanders 1964
“One person, One vote” rule: each vote in a congressional district should be worth about the same
Today each district has around 710,000 people
Seats added or lost in Congressional reapportionment after 2010 census
Redistricting
process of redrawing legislative district boundaries every 10 years based upon changes in population.
State legislatures determine district boundaries.
Drawing boundaries of legislative districts to benefit one party or group and handicap another is called “gerrymandering.”
Gerrymandering
Gerrymandering seeks to draw legislative districts that isolate members of a particular political party so that a maximum number of representatives of that party will be elected.
Gerrymandering Cont.
Packing- drawing lines so they include as many of the opposing party’s voters as possible
Cracking- dividing an opponent’s voters into other districts, weakens opponents voter base
2010 Kentucky Congressional Districts
House of Representatives
Emphasizes fiscal policy (government expenditures, revenues, and debt.)
Special Powers of House of Rep.
All money (appropriations) bills start here
Select the President if no majority in Electoral College
Write the articles of impeachment against high ranking officials
Speaker of the House
Head of House of Representatives
-Presides over the full House.
-Decides on which committees each
member of his/her party will serve.
-Assigns bills to committees
-Decides the order in which bills will be
heard and time limits for debate on
House Floor.
Senate
Term of office: 6 years
No term limits
Qualifications:
30 years old
9 years a citizen of the U.S.
Resident of the represented state
Senate
Number of Senators: 100
Representation equal (2 per State)
Filibuster (unlimited debate) unless cloture is invoked. (60 votes to end debate)
President of the Senate: U.S. Vice President
Day-to-day head of Senate: President Pro Tempore
Senate
Emphasizes foreign policy
Special Powers
Approves all treaties
Approves all appointments
Chooses the Vice President in an Electoral College tie
Acts as the jury in all trials of impeachment
Congress
Both houses:
Must keep a Journal:
The Congressional Record
Must hold sessions at the same time:
Sessions begin January 3rd each year
Must have a quorum to do business:
51% of members present on the floor
Congress
Both houses make their own rules for behavior and punishments
Censure: formally reprimand, written in the record
Fines and penalties may be set for some offenses
Expulsion: members with gross misconduct may be thrown out of office
(requires 2/3 vote)
Privileges and Compensation of Congress members:
-Salary $174,200 per year (Leadership:$212,000)
-Medical and dental benefits
-Free office, parking, and trips to home state
-Staff budget
-Tax break on second home
-Franking privilege- free postage on all mail to constituents
Privileges and Compensation of Congress members:
Immunity or legal protection:
-Cannot be sued of anything they say or write while carrying out their duties
-Cannot be arrested for minor offenses while Congress is in session
Restriction:
May not hold another political office at same time
ELASTIC CLAUSE
The necessary and proper clause gives Congress the power to make laws “necessary and proper” to carry out its delegated duties (expressed powers.)
Also known as the ‘elastic clause’, it stretches the power given Congress.
McCulloch v. Maryland supported this concept of ‘implied powers’, leading to larger government over time.
Powers denied Congress
Cannot suspend the writ of Habeas Corpus- must show cause for holding a suspect except in wartime
No ex post facto laws: cannot punish a person for an act committed before there was a law against it.
No bills of attainder: laws that punish people without a trial
Powers denied Congress
No tax on exports
No titles of nobility
All states must be treated equally
Congress must approve all expenditures of POTUS through laws
State Powers
Tenth Amendment: Powers not granted to the national gov’t or denied to States are reserved to the States and the people. (“reserved powers”)
States cannot:
coin money
have troops, or navy
collect import or export taxes
pass any law that the Federal government is not allowed to pass
