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Congress . Chapter 13. The Legislative Branch. The Legislative branch is also called Congress. Congress is: Who makes the laws Made up of two parts: The House of Representatives and the Senate. AKA Bicameral. Congress. House of Representatives. Senate . Indiana Congressional Districts.
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Congress Chapter 13
The Legislative Branch • The Legislative branch is also called Congress. • Congress is: • Who makes the laws • Made up of two parts: The House of Representatives and the Senate. • AKA Bicameral Congress House of Representatives Senate
Terms and Sessions • Each Term of Congress lasts for two years. • First term: March 4, 1789. • Date for start of each new term changed by the 20th amendment in 1933. • New start date: Noon of the 3rd day of January of every odd numbered year. • Currently: 113th congress (Began Jan. 3 2013, will end Jan. 3 2015)
Terms and Sessions… • A session of Congress is a period of time in which congress meets and conducts business. • 2 sessions for each term (one each year) • Remains in session most of the year. • Neither house can adjourn without the consent of the other. • President has the power the adjourn a session if neither house can reach an agreement- called prorogue. (never had to use that power.)
Powers of Congress • Most powers are found in Article I, Section 8 • See and know chart on page 317.
Parliament Unicameral (often) Run on a party ticket. Vote in line with party. If not= “vote of no confidence” Also, left off the ballot if they don’t vote with party. Government dissolved if there is a vote of no confidence Chooses Prime Minister (party in the majority) Congress Bicameral Run as an individual (albeit a party member) Free to vote as they want without being kicked out of gov’t. Although usually vote along party lines President chosen by the people Congress vs. Parliament
The Evolution of Congress • Intent of the framers: • Avoid a concentration of power in a single organization. • Wanted balance between large and small States. • Congress would be the most dominant structure • Was until the 20th century
The Evolution of Congress:The House of Reps • 19th century- Powerful Speakers who controlled the House • Personally selected committee chairmen and members • Decided what business would come up for a vote • Placed limitations on who could speak and for how long
The Evolution of Congress:The House of Reps • House rebelled in the 20th century • More power given to party caucuses • 1990s- return to powerful Speakers because of inefficiencies.
The Evolution of Congress:The Senate • Senate escaped the tensions the House saw • Smaller body • No need for a Rules Committee • Before 1913- Senators elected by state legislatures • Senators focused on pleasing party leaders within state
The Evolution of Congress:The Senate…. • 17th Amendment (1913) • Popular Election of Senators • Now more interested in pleasing the general electorate
The Evolution of Congress:The Senate…. • Senators may Filibuster- prolonged speech to delay voting on legislation • Common and unpopular practice by end of 19th century • 1917- Rule 22 (Cloture)- allowed Senators to end a filibuster if 2/3 members agreed • Amended to allow 60 Senators to cloture a filibuster
Composition of Congress • Sex and Race • House-Less male and less white since 1950 • Still 360 of 435 white (83%) • 358 of 435 male (82%) • Senate-Slower to change • 95 of 100 white • 83 of 100 male • Average age • 63 Senate • 56 House
Party Leadership Structure House of Representatives (see chart on page 334)
Elected member of the majority party Presides over House Directs legislative agenda and has major input regarding committee chairmanships Second in line (after VP) to become President of the United States Current speaker- John Boehner Speaker of the House
Previous speaker- Nancy Pelosi (D) • First female speaker of the house • 2007 State of the Union
"This is a historic moment - for the Congress, and for the women of this country. It is a moment for which we have waited more than 200 years. Never losing faith, we waited through the many years of struggle to achieve our rights. But women weren't just waiting; women were working. Never losing faith, we worked to redeem the promise of America, that all men and women are created equal. For our daughters and granddaughters, today, we have broken the marble ceiling. For our daughters and our granddaughters, the sky is the limit, anything is possible for them.”
House Majority Leader • Member of the majority party (just like the Speaker) • Serves as an assistant to the Speaker • Since both are of the same party. • Works with Speaker to develop legislative agenda and choose House committee posts for members of the majority party.
House Minority Leader • Acts as a spokesperson for the minority party • Helps to direct legislative agenda for the minority party. • Acts as liaison to the majority party.
Majority Whip./Minority Whip • Assists the leader, rounds up votes • Called “whip” because key role is to keep majority party in line when there is a vote • Keeps tabs on how the members of the majority are lining up for a vote
Party Leadership Structure The Senate
President of the Senate • Vice President of the United States • VP has two official duties • Take over if the President dies • Preside over the Senate • HAS NO VOTE UNLESS THERE IS A TIE • “….the most insignificant office that ever the invention of man contrived or his imagination conceived.” – John Adams, first Vice President
President Pro Tempore • Latin for “temporary presiding officer” • When VP is not presiding, Pro Tempore is presiding officer • 3rd in line to become president • After VP and Speaker of the House • Selected by the majority party • Traditionally, the most seniority in the Majority party
Majority/Minority Leader • Basically same function as in the House • EXCEPT: The Majority Leader here doesn’t serve as an assistant to the President of the Senate. • Majority Leader is the most powerful member of the Senate.
Majority/Minority Whips • Same function as in the House
Congress and Checks and Balances • Power to control appropriations • Advice and consent of the Senate • Required for Presidential appointments • Impeachment power • House impeaches, then trial in the Senate • 2 Presidents impeached- Andrew Johnson and Bill Clinton
Congress and Checks and Balances…. • Override a veto • 2/3 vote in EACH house • Amend the Constitution (check on judicial branch) • Congressional oversight • Can hold hearings and force witnesses to appear. • Can use to bring great pressure on the President
Expressed Powers • Article I, Section 8 • Again see chart page 317 • Examples: • Collect taxes, regulate interstate and foreign trade • Declare war • Raise and maintain army
Implied Powers • “Necessary and Proper” clause • “To make all Laws which shall be necessary and proper” • Congress can pass any law they feel is necessary and proper. • Implies they can do certain things. • AKA elastic clause
Step 1: Introduction • Any member of Congress may introduce a bill. • President cannot introduce a bill- must get a member of Congress to do that for him. • House of Reps- hand it to a clerk, OR drop it in a box (the “hopper”) • Senate- be recognized by the presiding officer and announcing the bill’s introduction. • Given a number • H.R. # in the House • S. # in the Senate
If bill doesn’t become law within one term of Congress- it dies.
Types of Bills • Public- deal with matters of public affairs • Private- pertains to specific, private matters. • Simple Resolution- used only to settle procedural matters in one of the Houses • Concurrent Resolution- Settle procedural matters that affect both Houses. • Joint Resolution- Essentially the same as a law.
Step 2: Committee Action • Bill referred to a committee either by the Speaker of the House, or the Presiding officer of the Senate • Based on subject matter. • Committees study bills and can make changes or attach amendments. • Bills referred to subcommittees to study the Bill in more depth • If this happens- referred back to full committee
Committee System • Committees do most of the work in Congress. • Committees consider bills, maintain oversight of executive agencies, and conduct investigations. • Three major types • Standing • Select • Joint
Standing Committees • Permanent • Subject-matter committees • Select Committees • Limited purpose, limited time. • Sometimes called special committees • Often investigative in nature • Joint and Conference Committees • Both House reps and Senators serve • Conference committees- resolve differences in Senate and House versions of the same piece of legislation • See examples of actual Committees on pages 340-341
House Rules Committee • Standing Committee • Sometimes called the traffic cop in the lower house • Decides how and when bills reach the floor. • Can speed up consideration of a bill • Can prevent consideration of a bill • Sets conditions for considering a bill.
Step 3: Rules or Floor Action • Most bills die in committee. • If it survives, it is then sent to the Rules Committee in the House or to the floor of the Senate. • Then debate, and vote on legislation.
Step 4- Conference Committee • Bill must pass through both Houses • Each House has their own Committees • Those Committees are likely to draw different conclusions/attach different amendments • Therefore- referred to Conference Committee to iron out the differences.
Step 5- Final Vote • After conference committee- each House gets a final vote. • Needs a simple majority of members present to pass
Step 6: Presidential Action • President can do three things: • Sign- bill becomes law! • Veto- bill is defeated • Pocket veto- Do not sign for 10 days- if Congress stays in session it becomes law, if not, it dies.
Step 7 (If Necessary): Override Veto • Congress can override veto with a 2/3 vote in each House. • AKA Supermajority • See page 389- overridden Vetoes
House vs. Senate House of Representatives Senate Fewer Members Longer Term Approve Presidential appointments Try Impeachments Choose Vice President if no majority reached in the electoral college • More members • Shorter term • Bills of revenue originate in the House • Invoke impeachment • Choose President if no majority reached in the electoral college