Legislative Branch

Separation of Powers

• Dividing different powers among three branches of government
• Prevents one branch from gaining too much power
• Legislative, Judicial, and Executive branches have their own unique powers

Checks and Balances

• Powers each branch has that allows them to check up on the other branches
• Prevents branches from abusing their powers
• Preserves the separation of powers
• Requires cooperation between the branches of government

Legislative Branch

• The legislative branch of government was created by Article I of the Constitution.
• The main purpose of the legislative branch is to make and pass laws.
• It is a group of people elected to make laws for the country.
• The legislative branch is made up of a House of Representatives and a Senate.
• These two combined are known as Congress.

The U.S. Congress

• Bicameral – Two Houses
• Senate
• 100 members
• Six years
• House
• 435
• 2 years
• Reapportioned after each census

How are they elected?

• Elections are handled by each state … (Reserved Power )
• Each state has a
• Primary – same party
• Runoff – if no one wins majority
• General – different parties, winner is elected to Congress

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Senate

• 100 members
• 6 year terms
• Qualifications: 30 years old, citizen for 9 years

Senate

• 2 per state (equal representation)
• 17^th amendment – direct election of senators
• Entire state votes for same candidates (Republican, Democrat or Independent)
• Continuous body – only 1/3 of senate up for re-election every 2 years(Class I, II, III)

House of Representatives

• 435 members
• 2 year terms
• Qualifications:
• 25 years old
• Citizen for 7 years

Term Limit

• No term limit
• Pros: keeps incompetent people out, keeps government running smoothly, efficient
• Cons: people stay past their time, stagnant, less responsive to the people

Who are they?

• Well educated
• Jobs: lawyers and businessmen
• Wealthy: start at $174,000; Senate called “millionaire’s club”
• Average age = 62 in Senate; 56 in HoR
• Gender: more males; 102 women (82 in House, 20 in Senate)

Congressional Duties

• Make the Laws
• Representatives of their constituents

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Powers of Congress – Article 1

• Raise and collect taxes
• Borrow money
• Regulate commerce
• Set laws for Naturalization and Bankruptcy
• Coin Money
• Punish counterfeiting
• Post office
• Copyrights and patents
• Set up courts

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Powers of Congress – Article 1

• Declare war
• Establish the military and National guard
• Make rules and allot funds for the military and National guard
• Punish pirates
• Run Washington D.C. and all federal property
• Elastic clause- implied power

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Speaker of the House

• Head of House of Representatives
• Presides over the full House.
• Decides on which committees each member of his/her party will serve.
• Assigns bills to committees
• Decides the order in which bills will be heard and time limits for debate on House Floor.

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How Does a bill becomes a law?

http://youtu.be/tyeJ55o3El0

Steps of a Bill

• A Member of Congress introduces the Bill
• The Bill goes to a Committee
• The Bill is debated by either the Senate or the House
• If Bill is passed it goes to the other Chamber – if not it DIES!
• After Bill has been voted on in BOTH Chambers if it’s approved…
• The Bill is sent to the President who can either approve – it becomes LAW – or he can VETO it, which then goes back and starts all over again… Or 2/3 of Congress can override the Pres!

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Beyond Legislation

• Oversight
• Congress is expected to oversee the activities of the Executive Branch in order to ensure funding is spent properly and laws are enforced.

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Beyond Legislation

• Advice and Consent
• Senate must confirm top-level executive appointments, ambassadors, and federal judges
• Must also approve all treaties

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Beyond Legislation

• Impeachment
• If high officials are thought to have committed “Treason, Bribery or other High Crimes and Misdemeanors,” they can be impeached.
• The House acts as a grand jury.
• The Senate conducts the actual trial.

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ELASTIC CLAUSE

• The necessary and proper clause gives Congress the power to make laws “necessary and proper” to carry out the delegated duties
• Also known as the ‘elastic clause’ it stretches the power given Congress

Powers denied Congress

• No tax on exports

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• No titles of nobility

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• All states must be treated equally

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• Congress must approve all expenditures of POTUS through laws

Privileges and Compensation of Congress members:�

Immunity or legal protection:

Cannot be sued of anything they say or write while carrying out their duties

Cannot be arrested for minor offenses while Congress is in session

May not hold other political office at the same time

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