Legislative BranchThe House of Representatives and the

Senate

The United States Congress “The First Branch” of the National Government

— James Madison Article I: Makes up approximately half of the Constitution

Bicameral Congress – a legislative body made up of two houses Historical: Britain’s Parliament had two houses Practical: Settle the conflict over NJ and VA Plans Theoretical: Created an additional system of checks and

balances A system for preventing the most powerful branch from

overwhelming the other two branches

What is a TERM of Congress? Term: a period of two years, in which

Congress meets; numbered consecutively New term beings at “noon of the 3rd day of

January” of every odd-numbered year (unless they appoint another day) The 112th Congressional term began on

Wednesday, Jan. 3, 2011 at noon and will end on Jan. 3, 2013

What is a SESSION of Congress? Session: that period of time during which Congress

assembles and conducts business There are 2 sessions – 1 year each Congress adjourns or suspends each session as they see fit Currently, they work for most of the year, have several

short recesses during the year Special Sessions

A meeting to deal with an emergency situation There have been only 26 called in history

Most recent: Harry Truman, in 1948, to consider anti-inflation and welfare measures post-WWII

Key Terms – House of Representatives Apportioned – seats are distributed in the

House of Representatives bases on a state’s population Higher population More districts As of 2007: average of 693,000 people per district

Reapportioned – seats are redistributed following a census every 10 years

Off-year Elections – election which are held between the Presidential elections (mid-term)

Gerrymandering Definition: redrawing districts to benefit one political party

over the other, usually done by the party in power

Key Terms - Senate “Continuous body” – Senate terms are

staggered, meaning only a third (33 or 34) of the senators are up for re-election every 2 years

Constituency – the people and the interests the elected official represents Since Senators represent a larger constituency (the

entire state) versus a small constituency for a Representative (one district) they are more likely to be regarded as national political leaders

Members of Congress Average member – white, male, early 50’s More women than ever – 92 of 535 Membership:

House – 242 Republicans - 193 Democrats Senate – 47 Republicans - 51 Democrats

Variety of minorities represented Most are married with children, some kind of

religious affiliation Most have considerable political experience

Members of Congress Jobs:

Legislators – write laws/bills, vote Representatives of Constituents

Trustee – A lawmaker who votes based on their own conscience and judgment, not the views of their constituents

Delegate – Lawmaker who votes based on how their constituents tell them to vote

Partisan – Lawmaker who owes their allegiance to their political party and votes according to party lines

Politico – Lawmaker who attempts to balance the basic elements of the trustee, delegate, and partisan roles

Current Leadership in the 112th Congress House of Representatives

Speaker of the House - John A. Boehner (R-OH) House Majority Leader - Eric Cantor (R-VA) House Minority Leader - Nancy Pelosi (D-CA)

Senate President of the Senate - Joseph Biden (D-VP) President pro tempore of the Senate -Dan Inouye (D-HI) Senate Majority Leader - Harry Reid (D-NV) Senate Minority Leader - Mitch McConnell (R-KY)

Powers of Congress…how Congress is allowed to do what it does

Powers of Congress Congress has only those powers which are delegated

(granted, given) to it by the Constitution There are several types…

1. Expressed Powers – Those powers specifically and explicitly written or expressed in the Constitution

2. Implied Powers – Powers reasonably deduced from the wording of the Constitution. They are implied from the expressed powers but not stated!

3. Inherent Powers – Those powers the Nat’l Govt is presumed to have because it is the govt of a sovereign state. It is basic to what a national government does

1. Expressed PowersThere are 27 powers explicitly granted to Congress.

Here are a few of them… “Power to tax”

Sales tax, income tax, tariffs (on imports) “Power to regulate commerce (trade)”

Foreign and interstate trade – very vague power “Power to coin money”

Printing money (all bills and coins) Regulating its worth (is just paper!)

“Power to borrow money” Finance Fed govt projects…DEBT (currently the US Govt borrows

approx. 4 Billion dollars every day!)

1. Expressed Powers “Rules of Naturalization”

Naturalization – process through which immigrants become US citizens Must live in the US for 5 years; no criminal record 18 years old; speak basic English Pass basic exam; pledge an oath of loyalty to the US

Establish post offices and roads” Set up post offices and establish routes (airways, RR, and

waterways) Power to acquire, manage, and dispose of various

federal areas” Territories (Guam, PR, Virgin Island), Naval Bases (Guantanamo

Bay), National Parks (Yellowstone), Embassies, Fed. prisons

1. Expressed Powers Judicial Powers

Create all courts below Supreme Court Define Federal crimes and punishments Impeachment (also a non-legislative power)

War Powers Declare war; raise and maintain army/navy,

approve treaties

2. Implied Powers Elastic Clause – “Necessary and Proper”

Has to be able to relate their actions to one of the expressed powers

Examples: Setting a minimum wage – comes from regulating

commerce Military draft – comes from the power to raise and

maintain an army/navy National Bank – comes from the power/responsibility to

print currency, tax, and pay debts of the US

3. Inherent Powers These are powers that sovereign nations

normally have Keep citizens safe

Regulating immigration Deport undocumented aliens Protecting the borders

Non-Legislative Powers-Power to do things other than making laws-

Amendment Powers Proposing amendments to the Constitution through a two-

third vote Impeachment Powers

Charged by House; tried by Senate Impeachment requires only a majority vote; Conviction is more

difficult and requires a two-thirds vote Two Presidents who got impeached: Andrew Jackson & Bill Clinton

Executive Powers – checks and balances! Appointments – All major nominations made by the President

must be confirmed by the Senate by a majority vote

Congress Organizes

Opening Day

A. Each new Term begins on January 3rd of an odd year.

B. The House chooses the Speaker, members are sworn in, and they adopt new rules and appoint members to committees.

C. The Senate (a continuous body) swears in new and re-elected members, vacancies in Senate organizations and committees are filled.

D. When both are organized, they let the President know they are “ready” and wait for him/her to deliver the State of the Union Message.

“He shall from time to time give to the Congress information on the State of the Union…”-Article II, Section 3

II. Presiding Officers

House

Speaker of the House

Majority Floor Leader Minority Floor Leader

Majority Whip Minority Whip

PresidentPresident of the of the SenateSenate

Majority Floor Leader Minority Floor Leader

Majority Whip Minority Whip

President Pro-Tem

II. Presiding Officers

Senate