The Legislative Branch

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Unit 4 AP Government
The Legislative Branch
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Roots of Legislative Branch

• Under British, colonial assemblies chosen as
  advisory bodies to royal governors.
• Assemblies gradually assumed more power in each
  colony, gaining responsibility over
  taxation/spending.
• Continental Congress gathering of selected
  legislators from 13 colonies
• Continental Congress became 1st 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 Compel states to meet military quotas could not draft soldiers. Regulate interstate and foreign commerce. Collect taxes directly from people Compel states to pay their share of government costs. Provide for a uniform currency left up to 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. Borrow money and issue bills of credit. Fix uniform standards of weight and measurement. Create admiralty courts. Create postal system. Regulate Indian affairs. Guarantee citizens of each state rights and privileges of citizens in several states when in another state. Adjudicate disputes between states on state petition. Coin money (issue currency) states could not issue own currency
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Which Branch is Most Powerful?

• Congress placed at center of government.
• Article I
• In early years, Congress held bulk of power.
• Today, 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
• Resident of state you represent

• Senate
• 30 years old
• US Citizen for 9 years
• Resident of state you represent

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Congressional Terms

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

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Makeup of Legislative Branch

• Great Compromise Created bicameral legislative
  branch
• Upper house Senate, each state receives 2
  representatives.
• 100 total
• Lower house House of Representatives,
  apportioned by population.
• 435 total

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Congressional approval ratings hit an all-time
low in the Summer of 2012 (10).
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112th Congress The Senate
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113th Congress The Senate
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Comparison of 112th and 113th Senate by State
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112th Congress The House of Representatives Percen
tage of Each Party by State
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113th Congress The House of Representatives Percen
tage of Each Party by State
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Comparison of 112th and 113th Congress by
Percentage
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112th Congress The House of Representatives by
District
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113th Congress The House of Representatives by
District
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Comparison of 112th and 113th Congress by
District
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Critical Thinking Compare the Information You
Can Draw from the Two House Maps
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Critical Thinking 2 Compare the Information You
Can Draw from the Three Maps
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• 2001 GA Redistricting Map
• Found to be unconstitutional

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This was prior to redistricting following the
2010 census
Walton
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2012 Congressional Districts
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Metro Atlanta The Walton district is located in
the 6th Congressional district. This seat is
currently held by Rep. Tom Price (R).
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How our wonderful neighbors to the west drew
their Congressional districts
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House Seat
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House Seat
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House Seat
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Gerrymander

• Drawing district lines that gives unfair
  advantage to one group over another.
• Named for Elbridge Gerry, former Governor of
  Massachusetts
• Mixture of word salamander and Governor Gerrys
  name
• Often drew legislative/district lines to benefit
  friends

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The Original Gerrymandered District
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Apportionment and Redistricting

• Constitution requires all Americans be counted
  every 10 years by census.
• Census determines allotment of seats in House
• Redistricting (redrawing of congressional
  districts to reflect changes in population
  shifts) done by state legislatures
• Gerrymandering often struck down by courts.

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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 Incumbency

• 2012 90 of House members won reelection
• 2012 91 of Senate members won reelection
• Senate reelection rates tend to be lower than
  that of House (2012 seen as somewhat unusual)
• 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 more likely to vote for person NOT party
• Challengers with deep pockets

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Organization of Congress

• Every 2 years, new Congress is seated.
• 113th currently in session
• Congress opens each new session in January after
  election day
• 1st order of business is election of leaders,
  adoption of new rules.
• Both houses of Congress organized by party for
  both leadership and committee purposes.
• CONGRESSVERY PARTISAN!

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Key Differences Between HousesFound in
Constitution

• House
• Initiate revenue, budget, and appropriation
  bills-
• All money bills start in House
• Impeaches president
• Selects President in case no majority winner in
  electoral college

• Senate
• Offers advise and consent for presidential
  nominees by confirming presidential appointments
  of federal judges, Supreme Court justices, heads
  of departments and agencies, and ambassadors
• Convicts president AFTER impeachment in House

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Other Important Differences Between Two Houses

• Senate
• Foreign policy experts
• Relaxed
• Less rules (filibuster allowed)
• No Rules Committee
• Senators become generalists and become experts
  in several key areas
• Senate holds on bills
• Unanimous consent agreements to ease bill passage

• House
• Formal
• Many rules
• Rules Committee very powerful
• Germaneness requirement for bills
• Become specialists in 1 major area
• Speaker extremely powerful

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Filibuster

• Minority party tactic to talk a bill to death
• Only allowed in Senate
• Dutch word meaning pirate
• Under Senate rules, speech need not be relevant
  to topic under discussion
• Cases where senator read from phone book
• To stop filibuster or apply cloture
• 16 Senators must sign a petition
• 60 votes to end debate

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Fun Filibusters Facts

• Taking to the diaper, referred to preparation
  before filibuster
• Longest filibuster on record
• 1957 Sen. Strom Thurmond talked for 24 hours and
  18 minutes in attempt to kill civil rights bill
• Thurmond visited steam room before filibuster to
  dehydrate so he could drink without urinating.
• Aide stood by with a pail in case of emergency
• Bill passed less than 2 hours later, 62-15.
• Thurmond succeeded in shattering previous record
  set by Sen. Wayne Morse, D-Ore., in 1953 of 22
  hours and 26

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Debates on the Floor
Sometimes things can get a bit heated in
Congress. In this audio clip, you will hear two
Congressmen, Patrick Kennedy (D RI) and Gerald
Solomon (R NY), arguing on the House floor in
1996 over the repeal of the assault weapons
ban. Solomon has since retired and is now
deceased.
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Committee System

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

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Types of House Committees

• House has 4 types of committees
• Standing (or permanent) committees
• Special (or select) committees
• Joint and conference committees
• Committee of the Whole

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Standing House Committees

• Permanent House panels identified in House Rule
  X, which also lists jurisdiction of each
  committee.
• Have legislative jurisdiction standing
  committees consider bills/issues and recommend
  measures for consideration by full House.
• Have oversight responsibility to monitor
  agencies, programs, and activities within their
  jurisdictions

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Special or Select House Committees

• Have issue-specific jurisdictions, functions and
  responsibilities set forth in House Rules.
• Frequently created for 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

• Most important committee composed of all House
  Members
• Created to expedite consideration of bills
• Quorum is 100 Members (as compared to 218 in the
  House) and debate on amendments conducted under
  5-minute rule following general debate.
• Debates over details of legislation almost always
  conducted when House sitting as Committee of the
  Whole, which reports its legislation, with any
  amendments, to House for an up/down vote.

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Types of Senate Committees

• 3 types of committees
• Standing committees
• Select (or special) committees
• Joint and conference committees

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Senate Standing Committees

• Permanent bodies with specific responsibilities
  spelled out in Senate's official rules.
• Senate committees divided, according to relative
  importance, into 3 categories
• Class A, Class B, and Class C.
• Senators limited to service on 2 Class A
  committees and 1 Class B committee.
• Assignment to Class C committees made without
  reference to member's service on any other panels.

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Special (and Select) Senate Committees

• Fall into either Class B or Class C category.
• Created for clearly specified purposes
• Now considered permanent, though not initially
• Special investigating committees, such as 1973
  Select Committee to Investigate Presidential
  Campaign Activities (Watergate Committee), expire
  after they submit final report to 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

• Composed of Members from both House and Senate.
• Most important job of joint/conference committee
  is to smooth out differences between versions of
  same bill before it goes to President for
  signature

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Lawmaking

• Most important constitutional power of Congress
  make laws.
• Shared by House and Senate.
• Bill must be passed by both houses

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Lawmaking

• Anyone can write a bill
• Only member of House/Senate may introduce bill.
• Bill must survive 3 stages
• Committees
• The floor
• The conference committee.
• Over 9,000 bills proposed and fewer than 5 to 10
  enacted.
• Bill can die at any stage, 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
• (Bill Goes to Rules Committee in House only)
• 4. Returns to floor with report by committee
• -Debate of bill
• 5. Passes or fails on floor
• 6. On to other body with same schedule

7. If both houses 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 chambers 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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Party Caucus

• Gathering of all 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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113th Congressand Important Congressional
Offices
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Party Breakdown in 113th Congress
Senate Democratic Party 53 Independents Angus
King- Maine and Bernie Sanders- Vermont both
caucus with the Democrats Republican Party 45

• House
• Republicans 233
• Democrats 199
• (3 vacancies currently)

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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 113th?? (14 people)

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

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

Georgias 2 Senators and 1 Congressman
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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

• Principal leader of House
• Typically will
• (1) preside over daily sessions of House
• (2) preserve order in 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 official spokesman for House

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House Majority Leader

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

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Role of House Majority Leader

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

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House Majority Whip

• Steve Scalise
• R- Louisiana
• Elected in 2008

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House Majority Whip Duties

• (1) assist floor leader
• (2) ensure member attendance
• (3) count votes
• (4) generally communicate majority position

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Minority Leader

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

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House Minority Leader Duties

• Principal leader of minority caucus.
• Responsible for
• (1) developing minority position
• (2) negotiating with majority party
• (3) directing minority caucus activities on
  chamber floor
• (4) leading debate for minority

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House Minority Whip

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

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Minority Whip Duties

• (1) assist minority leader on 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

• VP is President of Senate.
• Non-voting member unless vote of Senate ends in a
  tie, in which case VP casts deciding vote.
• Constitution understands VP will not always be
  available and provides for President pro tempore
  (literally, temporary president)

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President Pro Tempore of the Senate

• Sen. Patrick Leahy
• D-Vermont
• Born 1940
• Been in Senate since 1975

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President Pro Tempore of the Senate

• Elected by Senate
• By custom, most senior senator in majority party
• Primarily honorary, 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 majority party in Senate
• Manages and schedules legislative and executive
  business of Senate
• In practice Senate Majority leader highly
  influential figure, usually has great deal of
  power over what legislation is approved by
  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

• 2nd ranking member of Senate
• Main function of 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 leader of minority party
• Serves as chief Senate spokesperson for party
• Helps to manage and schedule legislative and
  executive business of Senate.

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Senate Minority Whip

• John Cornyn
• ( R)Texas
• Born 1952
• Senate since 2002

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Senate Minority Whip

• 4th ranking member of Senate
• Main function gather votes on major issues among
  members of 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- R
• Elected 2002
• Former member of House
• Businessman and lawyer

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Georgias Junior Senator

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

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Georgias Congressional Delegation 9- Republican
and 5-Democrats

• Jack Kingston (R)
• 2. Sanford Bishop (D)
• 3. Lynn Westmoreland (R)
• 4. Hank Johnson (D)
• 5. John Lewis (D)
• 6. Tom Price (R)

7. Rob Woodall (R) 8. Austin Scott(R) 9. Doug
Collins(R) 10. Paul Broun, Jr. (R) 11. Phil
Gingrey (R) 12. John Barrow (D) 13. David Scott
(D) 14. Tom Graves (R)
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Important Acts and Supreme Court Cases for Test
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Know all of these

• Supreme Ct. Cases
• Dred Scott v Sandford only new case
• Shaw v Reno
• Miller v Johnson
• Baker v Carr
• Buckley v Valeo
• Gibbons v. Ogden
• Marbury v Madison
• Heart of Atlanta Motel v US

• Amendments and Acts
• 16th Amendment
• 17th Amendment
• Tonkin Gulf Resolution
• War Powers Act
• Congressional Budget and Impoundment Act

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Amendment XVI

• Gave Congress power to tax income on 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

• In past, Senators APPOINTED by state legislatures
• 17th Amendment allowed American citizens to vote
  for their 2 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 president powers beyond those found
  in Article II
• Resolution replaced by War Powers Act
  (Resolution) in 1973

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War Powers Act- 1973

• Restricted power of president
• Requires president to consult with Congress prior
  to start of any hostilities and 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/passed resolution authorizing use of force
  within 60 days
• Following an official request by President to
  Congress, time limit can be extended by
  additional 30 days

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Congressional Budget and Impoundment Act

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

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Dred Scott v. Sandford (1856)

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

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Conclusion

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

Chief Justice Roger B. Taney