Legislative Branch Flashcards
House of Representatives: elections
every two years
House of Representatives: qualifications
i. at least 25 years old
ii. be a citizen for seven years
iii. live in the state of representation
House of Representatives: number
every 10 years census taken of state
House of Representatives: vacancies and impeachment
i. state executive temporarily picks replacement
ii. House of Rep. votes to impeach president
House of Representatives
- 435 members
- appropriation bills
- 2 year terms
Senate: numbers and terms
i. 2 senators from each state
ii. 6 years per senator per term
Senate qualifications
i. at least 30 years old
ii. at least 9 yrs of citizenship
Senate: vice president and officers
i. president of senate- no vote unless Senate is equally divided
ii. pro tempore in charge if VP is absent
Senate: impeachment trials
i. sole power for trials
ii. Chief Justice for President impeachment trials
iii. two-thirds of Senate present must vote guilty
Senate
- unanimous consent
- originally elected by state legislature, now by people (after 1913)
- 6 year terms
filibuster (Senate)
stalling tactic to prolong a decision
Congress
- always elections on the first Tuesday after the first Monday in November
- new Congress meeting on January 3 (Monday)
Congress elections and rules/procedures: meets
every January 3
at least once a year
Congress elections and rules/procedures: quorum
minimum number of people to hold vote- half
Congress elections and rules/procedures: records
each house has a journal of proceedings to publish
Congress elections and rules/procedures: adjounment
cannot adjourn for more than three days without consent of other house
Lawmaking: tax/money bills
begins in the House of Representatives
Lawmaking: all bills
must pass through House and Senate
Lawmaking: veto
2/3 of Congress can vote yes or override veto
Lawmaking: 10 days
President must sign/ veto, or it just becomes a law
Lawmaking: presidential role
sign/veto every order, resolution, vote, bill
Powers granted to Congress:
- taxation- lay and collect taxes; trade (tariffs)
- credit: borrow money
- commerce: regulate international and national trade
- naturalization, bankruptcy: make laws
- money: coin money
- counterfeiting: provide punishment
- post office: establish post office and post roads
- patents, copyrights: offices funded by Congress
- federal courts: constitute tribunals (make other courts)
- international law: define and punish marine piracies and felonies
- war: declare war and letters of marque (retaliation) and reprisal (rules concerning capture)
- army: raise money to support army
- navy: provide and maintain navy
- regulation of armed forces: make rules for military
- militia: provide and call forth for rebellions and repel invasions
- regulation of militia: provide money for organization and training of militia
- DC: Congress is in charge
- elastic charge: make proper and necessary laws
Powers denied to Congress
- Habeas Corpus: cannot be held in prison for more than 24 hours without charges placed except in cases of rebellion or invasion
- illegal punishment: no bill of attainder or ex-post-facto law shall be passed
- direct taxes: no tax on items from any state or taxation based on population
- export tax: cannot tax state exports
- no favorites: no state can be favored; all have to be treated equally
- public money: no money can be taken from the treasury without appropriation law
- titles of nobility: no title (ie king, duke, noble) without the consent of Congress, no person in office can accept gifts from foreign people
powers denied to states
a. powers denied to Congress also are denied to states
b. no taxes on imports except if for inspection
c. no troops or war/peace treaties
ex-post-facto law
a law that would make an act a criminal offense after it was committed
(ie if John stole a candy bar in January and a law was passed that stealing a candy bar is a felony in March that same year, John cannot be tried since the crime was committed before the law was passed)
bill of attainder
a law that condemns (jails) a person without a trial
