Notes on the Legislative Branch

1. THE LEGISLATIVE
BRANCH
Chapter 5

2. Focus

3. Agenda
 Members of Congress
 Organization of Congress
 Powers of Congress
 Passing a Bill

4. Members of Congress (115th
Congress)
 There are two houses
of Congress:
 House of
Representatives
 Senate
 This is called a
Bi-cameral
Legislature
 Established by Article
I

5. Members: House of
Representatives
 435 members
 Limit on members
 1789 = 65
Representatives
 Each member represents
a Congressional District
 Area of a state that
includes about 600,000
people
 Number of districts depend
on a state’s population

6. Members: House of
Representatives
 Every 10 years, Congress
decides how districts will
be apportioned or
distributed by using the
Census.
 If a state’s population
decreases
 State will lose seats
 If a state’s population
increases
 State will gain seats

7. Members: House of
Representatives
 If a state loses or
gains seats, district
lines need to be
redrawn
 Gerrymandering is the
practice redrawing district lines
to favor a person or political
group.

8. Members: House of
Representatives
 Gerrymandering in the Animal Kingdom

9. Members: House of
Representatives
 Congressional
elections are held on
even years
 2010, 2012…
 Each term is two
years
 If a representative
dies, the state
governor calls a

10. Members: Senate
 100 members
 2 per state
 1789 = 26 Senators
 Senators represent
whole state

11. Members: Senate
 Elections are held on even
numbered years
 2010, 2012…
 Each term is 6 years
 If a Senator dies, the governor
appoints a replacement until
the next election

12. Members: House of
Representatives
 Qualifications according to Article I of
Constitution:
 Must be at least 25 years old
 United States citizen for at least 7 years
 Resident of the state represented

13. Members: Senate
 Qualifications according to Article I of the
Constitution:
 Must be at least 30 years old
 United States citizen for at least 9 years
 Resident of the state represented

14. Members: Salary and Benefits
 Annual salary of $165,200.
 Members have offices in the Capitol building
and receive an allowance to pay staff
 Member perks:
 Free trips of their home state
 The Franking Privilege is the right to mail official
letters and packages for free
 Immunity

15. Members: Rules of Conduct
 Rules of Conduct
 Each house has its own written rules for
conducting business
 Constitution – Article I
 The House Rules and Manual and The Senate
Manual
 Example: In the Senate Manual, it talks about a
filibuster, or a method of delaying action on a bill by
making long speeches

16. Members: Rules of Conduct
 Expulsion
 If a member commits a serious offense, the
member could be expelled from office.
 Expulsion means that a person must give up
their seat.

17. Examples of Expulsion
 Pennsylvania House of Representatives
Michael Myers (1980) and Raymond Lederer
(1981 – actually resigned before vote of
expulsion occurred) due to their involvement in
accepting bribes.

18. Members: Rules of Conduct
 Censure
 Less serious offenses
may bring a vote of
censure, or formal
disapproval of a
member’s actions.
 A censured member
must stand alone at
the front of the House
or Senate and listen
as their charges are
read.

19. Examples of Censure
 Most Famous: Joseph McCarthy
 Charge – “failed to cooperate with the Subcommittee on
Rules and Administration", and "repeatedly abused the
members who were trying to carry out assigned duties”
 Most Recent: Charles Rangel
 Charge – Ethics Rules violation, improper use of
campaign contributions, and failure to report income
when filing taxes

20. How Congress is Organized
 During a representatives TERM, they serve
the Sessions. A session starts on January 3rd
(or first Monday after new year) and ends
when it has finished its legislative work near
the end of the year
 A JOINT SESSION can occur between the
House and Senate for special occasions.
 Example – Declaration of War or State of the
Union Address

21. Organization: Senate
 Constitution states that the Vice President is
the presiding officer over the Senate.
 When the Vice President cannot make it, the
President Pro Tempore presides.
 Members of the Senate vote for the President
Pro Tempore.

22. Organization: Senate
 Vice President and
President Pro
Tempore are mainly
symbolic.
 Vice
President Joe
Biden
 V.P. Elect
Mike Pence
President Pro Tempore
Orin Hatch (R)

23. Organization: Party Leaders and
Whips
 In each house,
members of the
majority and minority
parties have a floor
leader and a whip.
 Floor leaders act as
spokespersons for their
parties.
 Work to persuade
members of both
parties to vote for
specific laws.
House of Representatives – Party
Leaders
Senate – Party Leaders
Henry McCarty ( R ) Nancy Pelosi
( D )
Majority Leader Minority Leader
Mitch McConnell (R) Chuck
Schumer (D)

24. Organization: Party Leaders and
Whips
 Whips assist the floor
leaders in
communicating with
party members.
 “Whip” members into
shape.
 Caucuses are
when/where political
parties pick their
leaders.
House of Representatives – Whips
Steve Scalise (R) Steny Hoyer
(D) Senate – Whips
Jon Cornyn (R) Richard Durbin

25. Organization: House of
Representatives
 Speaker of the House
is the highest officer in
the House of
Representatives is
called the
 Elected by members of
the House to make
sure that everything
runs smoothly
 Member of the
majority party
 Party with less than
half of the seats is
called the MINORITY
PARTY
Paul Ryan (R)

26. Organization: House of
Representatives
 Duties of the Speaker of the House
 Assign legislation to committees for discussion
and preparation
 Decide the legislative agenda for a session of the
House
 Decide when and who can speak on an issue
 Duties of the Speaker of the House
 Assign legislation to committees for discussion
and preparation
 Decide the legislative agenda for a session of the
House
 Decide when and who can speak on an issue

27. Organization: Committees
 Congress divides itself
into different committees
that focus on specific
subject areas.
 Examples: Education,
Agriculture, Science,
etc.
 Led by a chairperson
who guides and sets
priorities for their
committees.
 Members are chosen
by their political parties

28. Organization: Committees
 Committees have 3 main roles
 Research specific subjects – holding hearings
to get advice from experts
 Write legislation – write laws that are related
to their specific subject areas
 Decide whether to send legislation to the
floor – important enough for a vote

29. Organization: Committees
 There are four types of committees:
 Standing
 Joint
 Select
 Conference

30. Organization: Committees
 Standing Committee
 Permanent groups set
up that are
responsible for
specific subject areas.
 Divided into sub-
committees
 Examples
 Veterans Affairs
 Homeland Security
 Agriculture
 Education

31. Organization: Committees
 Joint Committee
 Permanent committees
made up of members
of both houses
 They investigate issues
and make
recommendations but
don’t write bills.

32. Organization: Committees
 Select Committee
 Committees created
to study an issue or
event
 Examples:
 Energy Independence
and Global Warming

33. Organization: Committees
 Conference
Committee
 Committees formed
when the two houses
can’t agree on the
details of a bill

34. Organization: Committees
 Facts of Congress

35. Powers of Congress: Expressed
Powers
 Expressed Powers
 Powers specifically stated in Article I of the
Constitution
 Examples
 Decide how to raise money by setting taxes and
borrowing funds
 Decide how to spend money for the benefit of the
nation
 Regulate commerce among states and foreign
nations
 Declare war - Create an army/navy
 Coin money
 Regulate process of becoming a citizen
 Create post offices

36. Powers of Congress: Implied
Powers
 Implied Powers
 Powers the Constitution
gives Congress that are
not listed in detail.
 The Constitution gives
Congress the power to
“make all laws which
shall be necessary and
proper”.
 This is known as the
Elastic Clause.
 Collect taxes – members
don’t go collect taxes
directly. Created the
IRS.

37. Powers of Congress: Special
Powers
 The Senate has four special powers:
 1. Trials of impeachment are held in
Senate after the House impeaches
an official
 2. Senate chooses Vice President if
no Vice Presidential candidate
receives enough electoral votes.
 3. Approve treaties with a 2/3 vote
 4. Approve presidential appointments
 Example - All federal
judges/justices,
diplomats/ambassadors,
Department heads

38. Powers of Congress: Special
Powers
 Unique Powers of the
House of
Representatives
 Impeach, or formally
accuse of wrong-doing,
government officials –
most importantly, the
President.
 Choose the President if
there is no majority in
the Electoral College
 Appropriation Bills =
$$$$$

39. Powers of Congress: Limits on
Power
 Writ of Habeas
Corpus
 Right to know what
you are tried for.
Congress can’t take
away due process
except during civil war
or invasion.
 Cannot show
favoritism or give titles
of nobility.

40. Powers of Congress: Limits on
Power
 No Ex Post Facto Laws
 laws that make an act
illegal, then allow the
government to punish
those who committed
the act before it was
made illegal.
 No Bill of Attainder
 laws that provide for the
punishment of specific
people or group of
people without a trial.

41. Passing a Bill: Introduction
 Introduction of a Bill –
a bill is a proposed
law)
 Any member of either
house can introduce a
bill
 Ideas for bills come
from the President,
businessmen,
farmers, and ordinary
citizens.

42. Passing a Bill: Introduction
 Bills can be introduced
in both houses.
 The only exception to
this rule is an
Appropriations Bill, or
one approving the
spending of money,
which must begin in the
House of
Representatives.
 Process starts by a
member
sponsoring/introducing

43. Passing a Bill: Committees
 Bill is sent to Committee
 The Bill is sent to a
standing committee. The
subject of the bill
determines which
committee will receive the
bill.
 The committee can
decide to:
 Make no changes to the
bill
 Rewrite the bill
 Ignore the bill which “kills”
the chance of it becoming
a law
 Send it to a subcommittee
for more study and

44. Passing a Bill: Committees
 If a bill is sent to a subcommittee:
 The subcommittee then reports back to the larger
committee and decides what to do with the bill.
 The larger committee then votes to send it to the
house floor to be debated
 If the floor votes “no”, the bill is sent back to the
committees. If it votes “yes”, it is sent to the
other house of Congress.

45. On to the Senate…
1. Even if the bill is passed by the House it still
must go into committee in the Senate.
2. Unlike the House, Senators in the Senate are not
limited in how long they can debate a bill. The
act of talking a bill to death is known as
Filibuster.
3. The bill is then discussed amongst all Senators;
again amendments can be proposed at this time.
A vote in the Senate to end debate is known as
Cloture.

46. Passing a Bill
 The Conference
Committee resolves
any differences
between the House
and Senate versions
of the bill
 The Bill is sent back
to both houses for a
final vote

47. Passing a Bill
 Approved bills are sent
to the President who
can sign the bill into
law or veto it, or
pocket veto
(congress can’t be in
session).
 If the President vetoes
the bill, it is sent back to
the House and Senate
where they can vote to
override the veto with a
2/3 vote.
 Finally the bill becomes

49. Passing a Bill
 I'm Just a Bill