Chapter 5 Flashcards
What is the Legislative Branch also known as
Congress
What is the purpose of Legislative Branch
Make laws
What kind of Legislative Branch does the US have
Bicameral
The Two Branches of Legislature are
- House of Representative
2. Senate
Congressional Session/Term lasts for how long
Two years
House of Representatives has how many members
435
House of Representatives
- Congress sets the number of representatives
- Membership is based on population
- Every state is guaranteed at least one representative
- Congress decides how many representatives a state has
- State Legislature draws the districts
Reapportion
- Every 10 Years there is a Federal Census, this means that every ten
years there is a Reapportion
DEFINITION: Redistributing the House of Representatives
What is an exemption of reapportion
Wesberry vs. Sanders: States that the districts must have equal population
Gerrymanding
The political party that controls the State Legislature
draws the districts in a way that will benefit their party
Qualifications To be A Member of the House of Representatives:
Must Be
- 25
- A US Citizens for 7 years
- A resident of the state that you are going to represent
Members of the House of Representatives serve for how long
2 years
- All of them stand for re-election (can be voted out)
Presiding Officer of the House of Representatives is known as
Speaker of the House of Representatives
Current Speaker of the House of Representatives
John Boehner
Who are the Three Tennesseans who have been the Speaker
- John Bell
- James K. Polk
- James Byrnes
Senate
- Each state gets two Senators (100 members)
- No matter of the population
How long do Senators serve
6 years
How does the Senate elections work
They have Staggered Elections
Staggered Elections
Every two years 1/3 of them are up for re-election
Who votes on the Senators
According to the 17th Amendment Senators are chosen by the voters
Qualifications to be a Senator:
Must be:
- 30
- A citizen for 9 years
- A resident of the state you will represent
Who is the Presiding Officer
Vice President
Current Presiding Officer
Joe Biden
When the VP isn’t there who is in charge
President Pro Tempore
How do you become the President Pro Tempore
Senior member of the
majority party
Current Pro Tempore
Patrick Leahy
Tennesseans who have been President Pro Tempore:
- Joseph Anderson
- Hugh Lawson White
- Isham Harris
- Kenneth McKellar
Responsibilities/Duties of Congressmen
- Legislators: They make the laws
- Committee Member
- Represent your constituents (district members)
- Servant of your constituents
- Politician
Voting Options of Congressmen
They can vote as a:
- Trustee
- Delegate
- Partisan
- Politico
Trustee
They use their own judgement to vote
Delegate
Vote the way their constituents
Partisan
Vote the way your political party wants you to
Politico
Try to combine Trustee, Delegate, and Partisan
How much money does a congressman, senators, and house members
make?
174,000
Benefits for Congressmen:
- Free medicare
- Excellent retirement ($100,000)
- Money for a home office
- Travel expenses from home to Washington are paid for
- Franking Privilege: Government pays for your mail-out
- Government pays for monthly newsletters
- Parking is free
- They can’t be arrested while congress is in session
Constitutional Powers of Congress
- Expressed Powers
- Implied Powers
- Non-legislative Powers
Expressed Powers
Specifically stated powers
What are the Expressed Powers
A. Tax B. Borrow Money C. Regulate Commerce D. Currency Power E. Sets up Bankruptcy Laws F. Foreign Relations - Congress must approve all treaties G. War power H. Naturalization I. Postal Power J. Copyrights and Patents K. Weights and Measures L. Territories and Washington D.C. M. Judicial Power - Federal Judges are approved by the Senate
Tax
A charge levied by government on people or property to meet public needs
Types of Tax
- Direct Tax
2. Indirect Tax
Direct Tax
Must be paid by the person on whom it is imposed
Indirect Tax
First paid by one person but then passed on to another
Limitations on Taxes (Things that can’t be taxed):
- Exports
2. Church services
War Powers Act of 1973
The President can send the troops in for 60 days
Naturalization
Immigrants becoming citizens
Implied Powers
Not specifically stated
Implied Powers are also called
Necessary and Proper Clause or Elastic Clause
What are the Non-legislative Powers
A. Constitutional Amendments
B. Electoral Duties
- Congress chooses P and VP if the Electoral College fails
C. Impeachment
D. Executive
- Congress approves presidential appointments and treaties
E. Investigatory
What happens on Opening Day for:
House of Representatives:
- Speaker of the House is elected
- The Dean of the House will give the oath of office to the Speaker of the House
- Speaker of the House swears in the other members
- Officers are elected
- Rules are adopted
- Committees are appointed
Speaker’s Duties
- Preside
2. Keep order
Current Speaker of the House of Representatives
John Boehner
Congress operates on the
Committee System
Senority Rule
The people who have been there the longest get the best positions
Standing Committees
Permanent Committees
Examples of Standing Committees
- Agriculture
- Ethics
- Foreign Affairs
- Rules
Select Committee
- Temporary Committee
- Have a specific purpose
- Composed of members of both houses
- Usually investigates something
Joint Committee
- Composed of members of both houses
- Temporary Committee
- Usually investigates something
Conference Committee
- Temporary
- Powerful
- Purpose is to produce a compromise bill that both houses will accept
- Made up of members of both houses
Bill
Proposed law
Joint Resolution
Similar to a bill, has the force of law, but it deals with a temporary issue
Concurrent Resolution
Deal with issues in which the House of Representatives and the Senate must act together
- Does not have the force of law
- They do this in order to state a position
Rider
A provision that is attached to a major bill because it will not pass on its own
First Reading of a Bill
Bill is:
- Introduced
- Numbered, Given a title and Brief Summary
- Entered into Journal and Congressional Record
- Sent to a Committee
5 Things Can Happen When the Bill Gets To a Committee
They can:
- Report the bill favorably
- Refuse to report the bill
- Report the bill unfavorably
- Report the bill in amended form
- Add amendments to it and change it - Report a Committee bill
- Write a completely new bill
Second Reading
Committee of the whole looks at the bill
- Floor consideration
Third Reading
- Final vote on the bill
- Goes to the Conference Committee
- Then goes to the President
Options for the President when a bill comes
- Sign the bill
- It becomes law - Veto the bill
- Pocket Veto
Pocket Veto
If congress adjourns before 10 days and the president doesn’t do anything
What happens if the president vetoes it
2/3 of Congress can vote to overturn the veto
Filibuster
Purpose is to stall a vote and talk as long as they can
Who has the longest Filibuster record
Strom Thurmond
How long did he speak?
24 hours and 18 minutes
What is the only way to prevent a Filibuster
Cloture
How do you get a Cloture
60 Senators have to agree to limit the debate time before
Patronage
Efforts to help constituents by personally providing jobs, public works, or benefiting as a favor
Pork-Barrel Legislation
Bills composed of items of patronage names and located in specific constituencies (usually public work deals)
Private Bill
A proposal to grant some kind of relief, special privilege, or exemption to the person named in the bill
Responsibilities of Congress
- Statutes (laws)
- Oversight of Administration
- Oversight of Citizens
- Advise and Consent
- Debate
- Direct Committee Government
- Legislative Veto
Statutes (laws)
- Authorization acts
- Revenue acts
- Appropriation acts (involves spending money)
- Public acts
Oversight of Administration done through
- Hearings
- Investigations
- Supervision (lobbyist)
Hearings
An inquiry conducted by congress to build a record on a specific bill already introduced
Investigations
Authorization by congress for a committee to examine a broad area or problem rather than a specific bill
Supervision (lobbyist)
Making sure lobbyist are not being taken advantage of too much
Advise and Consent
All presidential appointments, treaties, and bills must be approved by congress
Direct Committee Government
The practice of delegating certain congressional powers from the whole congress to one of its committees
Legislative Veto
Allows the president to propose changes in administrative organization procedures and regulations which become law if congress does not act on it in 60 days
Majority Floor Leader of the House of Reps
Eric Cantor
Minority Floor Leader of the House of Reps
Nancy Pelosi
Majority Whip of the House of Reps
Kevin McCarthy
Minority Whip of the House of Reps
Steny Hoyer
President of the Senate
Joe Biden
Majority Floor Leader of the Senate
Harry Reid
Minority Floor Leader of the Senate
Mitch McConnell
Majority Whip of the Senate
Dick Durbin
Minority Whip of the Senate
John Cornyn