The Legislative Branch

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The Legislative Branch

• Unit 6
• AP Government

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Important Terms and Concepts

• Read your textbook carefully
• Terms are VERY important this unit!

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The Bicameral System
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Roots of the Legislative Branch

• The Framers were greatly influenced by the
  American colonial experience
• Under the British, colonial assemblies were
  chosen as advisory bodies to the royal governors.
  
• These assemblies gradually assumed more power and
  authority in each colony, eventually gaining
  responsibility over taxation and spending.
• The Continental Congress was a gathering of the
  selected legislators from the 13 colonies
• Upon independence, the Continental Congress
  became the first American Congress

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Under ARTICLES CONGRESS LACKED POWER TO After CONSTITUTION TO CONGRESS HAD POWER TO
1. 2. 3. 4. 5. 6. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.
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Under ARTICLES CONGRESS LACKED POWER TO After CONSTITUTION TO CONGRESS HAD POWER TO
Provide for effective treaty-making power and control foreign relations it could not compel states to respect treaties. Compel states to meet military quotas it could not draft soldiers. Regulate interstate and foreign commerce it left each state free to set up its own tariff system. Collect taxes directly from the people it had to rely on states to collect and forward taxes. Compel states to pay their share of government costs. Provide and maintain a sound monetary system or issue paper money this was left up to the states, and monies in circulation differed tremendously in value. Declare war and make peace. Enter into treaties and alliances. Establish and control armed forces. Requisition men and money from states. Regulate coinage. Borrow money and issue bills of credit. Fix uniform standards of weight and measurement. Create admiralty courts. Create a postal system. Regulate Indian affairs. Guarantee citizens of each state the rights and privileges of citizens in the several states when in another state. Adjudicate disputes between states on state petition.
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Which Branch is the Most Powerful??

• The framers of the U.S Constitution placed
  Congress at the center of the government.
• Article I
• In the early years of the republic Congress held
  the bulk of power.
• Today, the presidency has become quite powerful
  particularly since FDR.
• Congress now generally responds to executive
  branch legislative proposals.

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Qualifications for Congress

• House
• 25 years old
• US Citizen for 7 years
• Be a resident of the state you represent

• Senate
• 30 years old
• US Citizen for 9 years
• Be a resident of the state you represent

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Congressional Terms

• Senators have a 6 year term with 1/3 of the seats
  up for reelection every two years.
• House members serve 2 year terms and must be
  re-elected every general election.
• NO LIMIT TO TERMS!

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The Makeup of Legislative Branch

• The Great Compromise provided the necessary
  vision to insure that the new legislature was
  accepted by the new country
• A bicameral legislative branch of government was
  created
• The upper house is called the Senate in which
  each state receives two representatives.
• 100 total
• The lower house is called the House of
  Representatives which is apportioned by
  population.
• 435 total

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• 2001 GA Redistricting Map
• Found to be unconstitutional

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• Approved Current Map

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Walton
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House Seat
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House Seat
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House Seat
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Gerrymander

• To draw district lines in such a way that gives
  unfair advantage to one group over another.
• Named for Elbridge Gerry the former Governor of
  Massachusetts
• Had been part of the Revolutionary War
• Was one of the American emissaries to France
  during the XYZ Affair
• The term gerrymander is a mixture of the word
  salamander and Governor Gerrys name
• He often drew legislative and/or district lines
  to benefit his political friends

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The Original Gerrymandered District
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Apportionment and Redistricting

• The Constitution requires that all Americans be
  counted every 10 years by a census.
• The census determines the allotment of seats in
  the House of Representatives.
• Redistricting (the redrawing of congressional
  districts to reflect changes in seats allocated
  to the states from population shifts) is done by
  state legislatures and, of course, always has
  political overtones.
• When the process is outrageously political, it is
  called gerrymandering and is often struck down by
  the courts.

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Shaw v. Reno- 1993

• Case concerned reapportionment and civil rights
• North Carolina created a congressional district
  which was, in parts, no wider than the interstate
  road along which it stretched in order to create
  a black-majority district
• AKAMajority-minority district
• Five North Carolina residents challenged the
  constitutionality of this unusually shaped
  district, alleging that its only purpose was to
  secure the election of additional black
  representatives.
• Was this gerrymandering case constitutional?

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North Carolina District under scrutiny in Shaw v
Reno
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Ruling and Importance

• The Court said NO in this case!
• It ruled although North Carolina's
  reapportionment plan was racially neutral on its
  face, the resulting district shape was bizarre
  enough to suggest that it constituted an effort
  to separate voters into different districts based
  on race.
• The unusual district, while perhaps created by
  noble intentions, seemed to exceed what was
  reasonably necessary to avoid racial imbalances.
• Left door open for some instances in future.

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Miller v Johnson, 1995

• Facts of the Case
• Between 1980 and 1990, only one of Georgia's ten
  congressional districts was majority-black.
  According to the 1990 decennial census, Georgia's
  black population of 27 entitled blacks to an
  additional eleventh congressional seat, prompting
  Georgia's General Assembly to re-draw the state's
  congressional districts.
• After the Justice Department refused
  pre-clearance of several of the Assembly's
  proposed new districts, the Assembly was finally
  successful in creating an additional
  majority-black district through the forming of an
  eleventh district. This district, however, was
  called a "geographic monstrosity" because it
  extended 6,784.2 square miles from Atlanta to the
  Atlantic Ocean. In short, "the social, political,
  and economic makeup of the Eleventh District
  tells a tale of disparity, not community."
• Question
• Is racial gerrymandering of the congressional
  redistricting process a violation of the Equal
  Protection Clause?

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Importance

• Yes. In some instances, a reapportionment plan
  may be so highly irregular and bizarre in shape
  that it rationally cannot be understood as
  anything other than an effort to segregate voters
  based on race.
• Applying the rule laid down in Shaw v. Reno
  requires strict scrutiny whenever race is the
  "overriding, predominant force" in the
  redistricting process.

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Example of Gerrymandering in Georgia 11th
District-1992 -Attempt to Create a Majority-
Minority District
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Legislative Powers
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Regulate Commerce
Spend Money
Taxation
Create Courts
Powers of Congress
Lawmaking
Declare War
Make all laws "necessary and proper" to carrying
out the enumerated powers
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Power of the Incumbency

• 92 of House members have won reelection since
  1946
• Members of the Senate are also likely to win
  reelection although less likely that the House
• 75 since 1946
• Advantages
• Greater name recognition
• Easier to raise money about 75 of contributions
  goes to incumbents
• Credit claiming which increases victory of margin
• Discourages challengers
• Franking- free mail to constituents
• Disadvantages
• Voters are more likely to vote for the person NOT
  the party
• Challengers with deep pockets

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Organization of Congress
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Organization of Congress

• Every two years, a new Congress is seated.
• 110th currently in session
• Congress opens each new session in January after
  election day
• The first order of business is the election of
  leaders and adoption of new rules.
• Both houses of Congress are organized by party
  for both leadership and committee purposes.
• CONGRESS IS VERY PARTISAN!

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Key Differences Between the Two Houses

• House
• Initiate revenue bills-
• Budget bills- all money bills start in House
• Formal
• Many rules
• Rules Committee very powerful
• Congressmen become specialists in one major area

• Senate
• Foreign policy experts
• Offers advise and consent for presidential
  nominees
• Relaxed
• Less rules
• No Rules Committee
• Senators become generalists and become experts
  in several key areas

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The Party Caucus

• Gathering of all the members of each party in
  each house of Congress
• Responsibilities
• Select party leaders
• Assign party members to committees
• Set policy goals

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The Committee System

• Real work of Congress is done by committees
  subcommittees
• Committees have historically been of the same
  ratio of party members as each house
• The ratio of committee assignments ratio SHOULD
  be the same as the ratio in the entire House
  and/or Senate
• The 109th Congressional committees did not
  reflect this
• Committees were dominated by Republicans who were
  appointed by the Republican leadership

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Types of House Committees

• The House has four types of committees
• Standing (or permanent) committees
• Special (or select) committees
• Joint (or conference) committees
• And a Committee of the Whole

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Standing House Committees

• These traditional permanent House panels are
  identified in House Rule X, which also lists the
  jurisdiction of each committee.
• Because they have legislative jurisdiction,
  standing committees consider bills and issues and
  recommend measures for consideration by the full
  House.
• They also have oversight responsibility to
  monitor agencies, programs, and activities within
  their jurisdictions, and, in some cases, in areas
  that cut across committee jurisdictions.

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Special or Select House Committees

• These committees have issue-specific
  jurisdictions, functions and responsibilities
  that are set forth in the House Rules.
• These committees are frequently created for a
  finite time period.

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House Committees

• Standing Committees
• Committee on Agriculture
• Committee on Appropriations (projects)
• Committee on Armed Services
• Committee on the Budget
• Committee on Education and the Workforce
• Committee on Energy and Commerce
• Committee on Financial Services
• Committee on Government Reform
• Committee on Homeland Security
• Committee on House Administration
• Committee on International Relations
• Committee on the Judiciary
• Committee on Resources
• Committee on Rules (runs the House)
• Committee on Science
• Committee on Small Business
• Committee on Standards of Official Conduct
• Committee on Transportation and Infrastructure

• Special, Select, and Other
• House Permanent
• Select Committee on Intelligence
• Select Bipartisan Committee to Investigate the
  Preparation for and Response to Hurricane Katrina
  
• Joint
• Joint Economic Committee
• Joint Committee on Printing
• Joint Committee on Taxation

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Committee of the Whole

• This most important committee is composed of all
  House Members and is created to expedite the
  consideration of bills, other measures and
  amendments on the floor of the House.
• In the Committee of the Whole, a quorum is 100
  Members (as compared to 218 in the House) and
  debate on amendments is conducted under the
  five-minute rule (as compared to the hour rule in
  the House), following general debate.
• Debates over the details of legislation are
  almost always conducted when the House is sitting
  as the Committee of the Whole, which following
  debate reports its legislation, with any
  amendments, to the House for an up or down vote.

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Types of Senate Committees

• The Senate has three types of committees
• Standing committees
• Select (or special) committees
• and joint committees

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Senate Standing Committees

• Senate standing committees are permanent bodies
  with specific responsibilities spelled out in the
  Senate's official rules.
• For purposes of member assignment, Senate
  committees are divided, according to relative
  importance, into three categories
• Class A, Class B, and Class C.
• Senators are limited to service on two Class A
  committees and one Class B committee.
• Assignment to Class C committees is made without
  reference to a member's service on any other
  panels.

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Special (and Select) Senate Committees

• Select and special Senate committees fall into
  either the Class B or the Class C category.
• They are created for clearly specified purposes
  and, although those that currently exist are now
  considered permanent, they did not necessarily
  enjoy that status at their inception.
• Special investigating committees, such as the
  1973 Select Committee to Investigate Presidential
  Campaign Activities (the Watergate Committee),
  expire after they submit their final report to
  the Senate.

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Senate Committees

• Standing Committees Agriculture, Nutrition,
  and Forestry Appropriations (projects)
• Armed Services Banking, Housing, and Urban
  Affairs Budget Commerce, Science, and
  Transportation Energy and Natural Resources
  Environment and Public Works Finance (money)
• Foreign Relations (treaties)
• Health, Education, Labor, and Pensions Homeland
  Security and Governmental Affairs Judiciary
  (approves judges)
• Rules and Administration Small Business and
  Entrepreneurship Veterans Affairs

• Special, Select, and Other Indian Affairs
  Select Committee on Ethics Select Committee on
  Intelligence Special Committee on Aging
• Joint Joint Committee on Printing Joint
  Committee on Taxation Joint Committee on the
  Library Joint Economic Committee

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• Former President Pro Temp
• Ted Stevens (R-AK)
• and his 223 Million dollar Bridge to Nowhere
• And his 500K
• Salmon-Thirty-Salmon
• Two Pork Barrel- Earmarks
• for Alaska

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Joint Committees

• These committees are composed of Members from
  both the House and the Senate.
• The most important job of the joint or conference
  committee is to smooth out differences between
  versions of the same bill before it goes to the
  President for his signature

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How a Bill Becomes a Law
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Lawmaking

• The most important constitutional power of
  Congress is the power to make laws.
• This power is shared by the House and the Senate.
  
• In order to become a law, a bill must be passed
  by both the House and the Senate.

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Lawmaking

• Anyone can write a bill
• However, only a member of the House or Senate may
  introduce a bill.
• A bill must survive three stages to become a law
  
• Committees
• The floor
• The conference committee.
• Over 9,000 bills are proposed and fewer than 5 to
  10 are enacted.
• A bill can die at any stage AND MOST DO!!!

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How a Bill Becomes a LawThe Process

• Introduced to House (or Senate)
• Assigned to committee by Leader or Speaker
• Assigned to subcommittee-
• -Most bills die in committee
• 4. Returns to floor with report by committee
• -Debate of bill
• 5. Passes or fails on floor
• 6. On to other House with same schedule

7. If both house pass bill, they are likely
different versions so the 2 bills go
to -Conference Committee 8. If the Conference
Committee agrees then the new bill goes to both
Houses for one final approval -Many bills die
here, too! 9. Butif both chamber approve it goes
to the President 10. He can -Sign it into
law -Let it become law (if Congress is in
session) -Veto it -Pocket veto (if Congress is
not in session) 11. Congress can override
presidential veto with a 2/3 vote of each house
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How Does Congress Make Decisions on Bills?
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The Filibuster

• Minority party tactic to talk a bill to death
• Only allowed in the Senate NOT the House
• From a Dutch word meaning pirate
• Under Senate rules, the speech need not be
  relevant to the topic under discussion
• There have been cases in which a senator has
  undertaken part of a speech by reading from a
  phone book
• To stop a filibuster or apply cloture
• 16 Senators must sign a petition
• 60 votes to end debate

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Fun Filibusters Facts

• Strom Thurmond visited a steam room before his
  filibuster in order to dehydrate himself so he
  could drink without urinating.
• An aide stood by in the cloakroom with a pail in
  case of emergency.

• They used to call it 'taking to the diaper,' a
  phrase that referred to the preparation
  undertaken by a prudent senator before an
  extended filibuster
• Longest filibuster on record
• 1957 when Sen. Strom Thurmond talked for more
  than 24 hours to kill a civil rights bill

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The 110th Congressand Important Congressional
Offices
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Interesting House Stats

• Breakdown by Party
• Democrats 232
• Republicans 203

• Religion
• The House includes one Muslim, two Buddhists, and
  30 Jews.
• Race
• There are 42 African-Americans (including two
  non-voting delegates)
• There are also 27 Hispanics, 4 Asian Pacific
  Islanders, and 1 Native American
• Gender
• 74 female Representatives.
• Age
• The oldest Member in 2007 is Ralph Hall, at 83
  years old, and the youngest is Patrick T.
  McHenry, at 32 years old.

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Interesting Senate Stats

• Gender
• There are 16 female senators the most women
  ever serving in the same Senate.
• Ethnicity
• There are 13 Jews, 3 Hispanics, 2 Asian
  Americans, 1 senator of Arab descent (half), and
  1 African-American. One Senator is a naturalized
  citizen from Cuba).
• Age
• The average age of the Senate is 62 years 2007
• The oldest Senator in 2007 is Robert Byrd, at 89
  years old, and the youngest is John Sununu, at 43
  years old.

Breakdown by Party Democratic Party 49 Republican
Party 49 Independents 2 Joe Lieberman and
Bernie Sanders both caucus with the Democrats
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Congressional Leadership Offices to Know

• For Unit Test- What do they do? What are the
  official jobs of each leadership position?)
• For Quiz- Who are they?-Who holds these positions
  in the 110th?? Counts as 1/3 of a test. (Take
  quiz on 10/21).

• Speaker of the House
• House Majority Leader
• House Minority Leader
• House Majority Whip
• House Minority Whip

• President of the Senate
• President Pro Tempore of the Senate
• Senate Majority Leader
• Senate Minority Leader
• Senate Majority Whip
• Senate Minority Whip

2 GA Senators 1 GA District 6 Representative
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Speaker of the House

• John Boehner
• (R-Ohio)
• born 1949
• House since 1990
• Selected for position in January 2011
• (Former Minority Leader AND Majority Leader)

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Roles of Speaker of the House

• The speaker is the principal leader of the House
  or Assembly.
• The speaker typically will
• (1) preside over the daily sessions of the House
• (2) preserve order in the chamber
• (3) state parliamentary motions
• (4) rule on parliamentary questions
• (5) appoint committee chairs and members
• (6) refer bills to committee
• (7) sign legislation, writs and warrants
• (8) act as the official spokesman for the House
  or Assembly.

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House Majority Leader

• Eric Cantor
• R- VA
• Elected in 1998

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The Role of House Majority Leader

• The role of the majority leader has been defined
  by history and tradition.
• Schedules legislation for floor consideration
• Plans the daily, weekly, and annual legislative
  agendas
• Consults with Members to gauge party sentiment
• Works to advance the goals of the majority party

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House Majority Whip

• Rep. Kevin McCarthy
• Represents California 22nd District
• Born 1965
• First elected in 2007

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House Majority Whip Duties

• The duties of the majority whip are to
• (1) assist the floor leader
• (2) ensure member attendance
• (3) count votes
• (4) generally communicate the majority position

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House Minority Leader

• Nancy Pelosi
• (D-CA)
• born 1940
• House since 1987

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House Minority Leader Duties

• The minority leader is the principal leader of
  the minority caucus.
• The minority leader is responsible for
• (1) developing the minority position
• (2) negotiating with the majority party
• (3) directing minority caucus activities on the
  chamber floor
• (4) leading debate for the minority

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House Minority Whip

• Steny Hoyer
• (D-MD)
• born 1939
• House since 1981

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Minority Whip Duties

• The major responsibilities for the minority whip
  are to
• (1) assist the minority leader on the floor
• (2) count votes
• (3) ensure attendance of minority party members

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President of the Senate

• Vice-President
• Joe Biden
• Democrat
• Born 1942
• Formerly a Senator from DE
• Served 6 terms

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President of the Senate

• The Vice President of the United States is the
  President of the Senate.
• He is a non-voting member unless a vote of the
  Senate ends in a tie, in which case the Vice
  President casts the deciding vote.
• The Constitution understands that the Vice
  President will not always be available and
  provides for a President pro tempore (literally,
  a temporary president

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President Pro Tempore of the Senate

• Sen. Daniel Inouye
• D-Hawaii
• Born 1924
• Been in Senate since 1962

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President Pro Tempore of the Senate

• The President pro tempore is elected by the
  Senate
• By custom, he is the most senior senator in the
  majority party
• The position of President pro tempore is
  primarily honorary, and does not carry
  significant political power

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Senate Majority Leader

• Harry Reid
• (D-NV)
• born 1939
• Senate since 1987

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Senate Majority Leader

• Leads the majority party in the Senate
• Manages and schedules the legislative and
  executive business of the Senate
• In practice the Senate Majority leader is a
  highly influential figure and usually has a great
  deal of power over what legislation is approved
  by the Senate.
• Has authority over other officials such as Senate
  whips and floor leaders

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Senate Majority Whip

• Dick Durbin
• (D-IL)
• born 1944
• Senate since 1997

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Senate Majority Whip

• The second ranking member of the Senate
• The main function of the Majority Whip is to
  gather votes on major issues.

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Senate Minority Leader

• Mitch McConnell
• (R-KY)
• born 1942
• Senate since 1985

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Senate Minority Leader

• Elected as the leader of the minority party
• Serves as the chief Senate spokesperson for his
  or her party
• Helps to manage and schedule the legislative and
  executive business of the Senate.

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Senate Minority Whip

• John Kyl
• ( R)Arizona
• Born 1942
• Senate since 2000

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Senate Minority Whip

• The fourth ranking member of the Senate
• The main function of the Minority Whip is to
  gather votes on major issues among members of the
  minority party.

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Georgias 6th House District Representative

• Tom Price- R
• Elected in 2004
• Former State Senator
• Physician

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Georgias Senior Senator

• Saxby Chambliss
• Elected 2002
• Former member of House
• Businessman and lawyer

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Georgias Junior Senator

• Johnny Isakson
• Elected 2004
• Former member of House
• Real Estate Broker

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Important Acts and Supreme Court Cases for Test
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Know all of these

• 16th Amendment
• 17th Amendment
• Tonkin Gulf Resolution
• War Powers Act
• Congressional Budget and Impoundment Act
• Dred Scott v Sandford
• Shaw v Reno
• Miller v Johnson
• Buckley v Valeo
• Gibbons v. Ogden
• Marbury v Madison
• Heart of Atlanta Motel v US

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Amendment XVI

• Gave Congress the power to tax income on a
  federal level
• The Congress shall have power to lay and collect
  taxes on incomes, from whatever source derived,
  without apportionment among the several states,
  and without regard to any census or enumeration.

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Amendment XVII

• Changed the way Senators were selected
• In the past, Senators were APPOINTED by the state
  legislatures
• The 17th Amendment allowed American citizens to
  vote for their two senators
• The Senate of the United States shall be composed
  of two Senators from each State, elected by the
  people thereof, for six years and each Senator
  shall have one vote. The electors in each State
  shall have the qualifications requisite for
  electors of the most numerous branch of the State
  legislatures.

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Tonkin Gulf Resolution- 1964

• Congressional resolution passed in 1964 that
  authorized military action in Southeast Asia.
• Officially started Vietnam War/Conflict for US
• Congress gave the president powers beyond those
  found in Article II
• The Resolution was replaced by the War Powers Act
  (Resolution) in 1973

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War Powers Act- 1973

• The War Powers Act (Resolution) of 1973
  restricted the power of the president
• Requires the president to consult with Congress
  prior to the start of any hostilities as well as
  regularly until U.S. armed forces are no longer
  engaged in hostilities
• Required president to remove U.S. armed forces
  from hostilities if Congress has not declared war
  or passed a resolution authorizing the use of
  force within 60 days
• Following an official request by the President to
  Congress, the time limit can be extended by an
  additional 30 days (presumably when "unavoidable
  military necessity" requires additional action
  for a safe withdrawal.

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Congressional Budget and Impoundment Act

• CBIA-1974
• Denied the president the right to refuse to spend
  money authorized by Congress

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Dred Scott v. Sandford (1856)

• Facts of the Case
• Dred Scott was a slave in Missouri. From 1833 to
  1843, he resided in Illinois (a free state) and
  in an area of the Louisiana Territory, where
  slavery was forbidden by the Missouri Compromise
  of 1820.
• After returning to Missouri, Scott sued
  unsuccessfully in the Missouri courts for his
  freedom, claiming that his residence in free
  territory made him a free man.
• Scott then brought a new suit in federal court.
  Scott's master maintained that no pure-blooded
  Negro of African descent and the descendant of
  slaves could be a citizen in the sense of Article
  III of the Constitution.
• Question Presented
• Was Dred Scott free or slave?

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Conclusion

• The Court ruled that Dred Scott was a slave and
  according to the Court no one but a citizen of
  the United States could be a citizen of a state,
  and that only Congress could confer national
  citizenship.
• The conclusion upheld the idea that no person
  descended from an American slave had ever been a
  citizen
• The Court then declared that the Missouri
  Compromise unconstitutional, hoping to end the
  slavery question once and for all.

Chief Justice Roger B. Taney
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Buckley v. Valeo- 1976

• Concerned Limits on Campaign Spending
• Because of the Watergate scandal, Congress
  attempted to end corruption in political
  campaigns by restricting financial contributions
  to candidates.
• The law set limits on the amount of money an
  individual could contribute to a single campaign
  and it required reporting of contributions above
  a certain threshold amount.
• The Federal Election Commission was created to
  enforce the statute.
• Was this legal according to the Court??

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Importance of Case

• The Court arrived at two important conclusions
• First, it held that restrictions on individual
  contributions to political campaigns and
  candidates did not violate the First Amendment in
  fact in enhanced the "integrity of our system of
  representative democracy" by guarding against
  unscrupulous practices.
• Second, the Court found that governmental
  restriction of personal contributions and the
  limitation on total campaign spending did violate
  the First Amendment.
• So contributions from outside sources CAN be
  limited, but using your own money CAN NOT be
  limited

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Read Chapter 7Study Terms and Case File
Carefully!!!?