Legislative Branch By Sean Shtofman Congress n

Legislative Branch By Sean Shtofman

Congress n 1. 2. 3. This presentation about the U. S. Congress has three main topics: The Sections of Congress The Powers of Congress How Congress Works

The National Congress Sections of Congress House of Representatives n n Senate

The National Congress The Legislative Branch, or Congress, is also known as the “Law-Making Branch”. n This Branch is made up of people who create laws and make sure that they coincide with the rights of the people. n

Bicameralism n The United States Congress is bicameral, which means that it consists of two houses, the House of Representatives and the Senate. n The Senate is set up to reflect the importance of the states, and the House reflects the different populations of each state.

Terms of Congress Each term of Congress lasts for two years and each term is numbered consecutively. Currently we are in the 110 th Congress. n There are two sessions in each term of Congress, one per year. n Congress can also meet in special sessions; that is, meetings called by the President in order to discuss pressing issues. n

House of Representatives n The total number of seats in the House is apportioned and distributed among the States based on their populations. This is re-assessed after each decennial census. n The number of members has held constant at 435 since 1929 due to the Reapportionment Act.

House of Reps. Cont… n The Reapportionment Act was a combined census and reapportionment bill passed by the United States Congress which established a permanent method for apportioning U. S. House of Representatives seats according to each census.

The House continued… n Following each census, the Census Bureau is to determine the number of seats each state should have.

Mo’ House n When the Bureau’s Plan is ready, the President sends the census document to Congress. n Within sixty days of receiving it, the House can reject the plan, but if they do not, it becomes effective immediately.

Congressional Elections n The Congressional elections are held on the same day in every state except for Alaska, which may hold them in October. n These elections are held every two years between presidential elections.

Congressional Elections n The 435 members of the House are chosen by the voters of 435 different congressional districts. n Congress allows each state to decide whether to elect its members by a general ticket system or on a single member district basis.

Congressional Elections Cont. . n Single-member districts are where the voters in each district elect one of the state’s representatives from among a field of candidates running for the seat in the House for their district. At this point all districts are singlemember districts.

Gerrymandering n Gerrymandering is the drawing of electoral district lines to the advantage of a party or group.

Wesberry v. Sanders This was a case involving Congressional districts in the state of Georgia, brought before the Supreme Court of the United States. The Court issued a ruling on February 17, 1964 that districts have to be approximately equal in population, roughly geometric in shape, and must reflect the diversity of the state’s population. n Only the diversity part has been enforced. n

Qualifications for a House Member • They must be twenty-five years old. • They have to have been a U. S. citizen for at least seven years. • They have to live in the state from which they are elected.

The Senate is made up of two Senators from each state. n The Senators are voted for by the people of the state during the November elections every evennumbered year. n They serve six year terms and may be re-elected to any number of terms. n

Qualifications for Senators • They must be at least thirty years old. • They must have been a citizen of the U. S. for nine years. • They must live in the state from which they are elected.

Members of Congress The average member in the Senate is a white male in his mid fifties. n In the House, the average is just over 52 with the same criteria as above. n There are more women now, who are starting to become more known in Congress. n

The Jobs and Responsibilities n 1. 2. 3. 4. 5. Members of Congress have five major jobs. They can think of themselves as: Legislators Committee Members Reps. for theirs states or districts Servants of their constituents Politicians Really, they are all of these things.

The “Con” in Congressmen have the power to set the pay for members, albeit the 27 th Amendment restricts pay increases. n Each member also receives a number of fringe benefits. n Arguably, the most important fringe benefit is the allowance for a staff, amounting to several times one’s actual pay. A generous pension is also provided. n

More Congressmen, More “Cons” Fringe benefits also include cars, medical insurance paid for by the taxpayer, and cheap or free loans. n Some fringe benefits will not be taxed for members of Congress. n Then there are those speeches, books and appearances for which lobbyists pay handsomely. n Restrictions exist on what lobbyists can contribute, but even if they’re not totally ignored, the law is often bent. n

Powers of Congress n 1. 2. 3. There are three major types of Congressional powers. Expressed powers Implied powers Non-legislative Powers

Expressed Powers These include the power to tax. n There are two types of taxes. Congress can impose either one: n n n Direct Tax- A tax that must be paid by the person on whom it is enforced, like on ownership of a building. Indirect Tax- A tax levied on one party but passed to another for payment, like when you are renting and the landlord includes his real estate tax in your rent.

The Borrowers n Congress has the ability to borrow money on the credit of The United States of America.

Commerce n The Commerce Power is the power of Congress to regulate interstate and foreign trade. n The Currency Power is the ability for Congress to coin money and regulate the value of it.

Bankruptcy n Congress has the power to release a person or corporation from any unpaid debts if they feel it is necessary, as long as the bankruptcy court agrees.

Foreign Relations and War Powers n Congress has the inherent power to act on matters affecting the security of the nation. n War Powers- Congress has the sole ability to declare war.

War Powers n If the President starts something on his own, The War Powers Act requires him to get Congress’ approval within 60 days (in some cases, 90 days). n Congress also has the ability to raise and support armies, provide and maintain a navy, and to call forth a militia.

Implied Powers n The Necessary and Proper Clause is the part of the Constitution that gives Congress the power to make all laws, “necessary and proper” for executing its expressed powers. This is also, for obvious reasons, often called the “Elastic Clause”.

Non-Legislative Powers n n n 1. 2. Congress may propose an amendment to the Constitution by a two-thirds vote in each house. Congress also has the ability to impeach, not just the President but judges as well. Congress has two executive powers: Confirm appointments. Ratify treaties made by the President.

How Congress Works Major Players In Congress n Speaker of The House of Representatives n President of the Senate n President Pro Tempore (in absence of The President of the Senate) n Committee Chairmen n Majority and Minority leaders and Whips.

Floor Leaders and Party Officers Floor Leaders are members of the House and Senate picked to carry out party decisions and steer legislative action to meet party goals. n Whips are assistants to the floor leaders, responsible for monitoring and marshalling votes. n The party caucus is a meeting of party leaders or members to conduct business. n

Committee Chairmen n They are the members who head the standing committees in Congress. n Rank plays a big role in Congress. n They go by the seniority rule.

Committees in Congress n 1. 2. 3. 4. There are four main types of committees in Congress: Standing Committees Select Committees Joint Committees Conference Committees

Standing Committee n The Standing Committee is a permanent committee in Congress to which bills are referred.

Select Committee n The Select Committee is a legislative committee created for a limited time and for specific purposes.

Joint Committee n A Joint Committee is the committee formed when a legislative measure must be passed by both houses and approved by the chief executive to become effective.

Conference Committee n A Conference Committee is a temporary joint committee created to reconcile any differences between the two houses’ versions of a bill.

Don’t Watch the Cook (Just Eat the Food) n As you know, the process of passing a bill is complicated. I’ll end with a chart that may help you understand it.

President