The Legislative BranchThe Senate and House of Representatives

CivicsMr. Zimmer

Congress in a Nutshell• Lawmaking body of the Federal government• Composed of two houses/parts– Wanted to make sure that large and small states would

be fairly represented• Often referred to as bicameral; meaning two

houses• House of representatives is determined by

population• Senate has equal representation• System allows each house to check the actions of

the other

House of Representatives• Based on the population of each state

– Larger states have more representatives, smaller states have fewer.• Generally 1 representative per 700,000

members of the population

• Currently there are 435 Representatives in the House and that is the limit.– As population grows, the ratio of

representatives to members of the population will change

• Representatives are elected to 2 Year Terms– If a representative dies, the governor of

the home state is required to call a special election to fill the vacancy.

House of Representatives - Districting• When the Census is taken, Congress

determines how seats in the house are to be apportioned; which means distributed.

• Voters elect their representative according to the district in which they live.

• Districts are drawn so that each district is almost equal in population

• District Boundaries are often oddly shaped.– This process is known as

Gerrymandering; meaning the practice of drawing district lines to favor a particular party, politician, or group of people

The Senate• Each state is represented by two

senators• Elected to Congress for 6 year

terms.• 1/3 of the Senate’s membership

comes up for election every two years.– Ensures 2/3 have prior experience.

• If a senator dies, the Governor will appoint a person to fill the vacancy

• Senators do not have term limits. If they continue to get re-elected, they can stay in office for life.

Qualifications• House of Representatives– Be at least 25 years old– Been a citizen for at least 7 years– Be a legal resident of the state you represent

• Senate– Be at least 30 years old– Been a citizen for at least 9 years– Be a legal resident of the state you represent

Salary and Benefits

• Yearly salary of $165,200• Receive an allowance to pay staff members• Franking Privilege – Send mail for free• Immunity or legal protection – When Congress

is in session, its members cannot be arrested in or on their way to or from a meeting in Congress.– Purpose is to ensure that they are not

unnecessarily kept from performing their duties

Conduct of Congress• Members of Congress can challenge or question the

qualifications of a newly elected member of Congress– Rarely happens – Most recent was 1996

• There is a limit to the amount of outside income a member of Congress can earn

• Serious offenses can cause a member to be expelled– Requires a 2/3 vote in both Houses

• Less serious offenses can bring a vote of censure which is a formal disapproval of a member’s actions– A censured member must stand alone at the front and

listen to the charges against him or her.

Terms and Sessions• Constitution requires Congress to meet once a

year• Meetings start at noon on January 3rd of every

odd-numbered year• Each term of Congress is divided into two

sessions.– When the legislative work is finished, both houses

adjourn and the session is ended.– Both houses can meet together in a Joint Session– The President can call Congress into a Special

Session for immediate and necessary action

Organization of Congress• 3 Rules about how Congress should be organized– Directs the House of Representatives to select presiding

officers– Names the Vice President of the United States as President of

the Senate– Calls for the selection of a senator to preside in the vice

president’s absence• The Republicans and Democrats in each house gather

separately in private meetings called Caucuses to choose their leaders

• A political party with the most members is known as the majority party and the political party with the least members is known as the minority party.

Organization of Senate• Majority party elects one of its members to be the “President

Pro Tempore”– Meaning “For the time being”

• Each party has its floor leaders known as the majority and minority leader

• Each party’s floor leader is assisted by a party whip– Their job is to count votes, encourage party loyalty, and ensure party

members are present for important votes• Has about 20 committees that consider legislation and hold

hearings– Each committee has one or more subcommittees that may consider

legislation before it is taken up by the full committee– Each has a chairperson who is a member of the majority party and a

ranking minority member• Generally the longest serving member of the minority party.

Organization of the House of Representatives• The Speaker of the House is the person who

presides over the House when Congress is in session.– Always a member of the majority party– Most powerful officer in the House of Representatives– Influences the order of business in the House

• Organization of Committees is the same as the Senate, although some names of committees might be different.

Powers of CongressDelegated Powers

• Found in Section I, Article 8 of the Constitution include:– Financing Government – Authority to raise and collect

taxes, to borrow money, and to print or coin money– Regulating and Encouraging American Trade and

Industry – Passing laws that protect the rights of inventors

– Defending the Country – Declare war and maintain armed forces

– Creating Lower Courts– Providing for Growth – Laws to regulate immigration and

naturalization

Powers of CongressImplied Powers

• Congress has the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers.– Necessary and Proper Clause or Elastic Clause

because of the flexibility this provides Congress– Example: Establish military academies to train

officers

Powers of CongressImpeachment Power

• Impeachment is to accuse an officeholder of misconduct.– A serious offense is Treason

• Charges of the accused are drawn up in the House of Representatives

• Trial of the accused if passed in House is held in the Senate.– Vice President will act as the judge

• 2/3 of the Senate must find the official guilty

Limits on Powers• Constitution forbids Congress from:– Passing “Ex Post Facto” Laws which are laws that apply

to actions that occurred before laws were passed– Passing bills of attainder – Laws that sentence people

to prison without a trial– Suspending Habeas Corpus– Taxing Exports– Passing laws that violate Bill of Rights– Favoring trade of a state– Granting titles of nobility– Withdrawing money without law