Legislative Branch - Test Flashcards
the Legislative branch of the federal gov. is also known as what?
Congress
jobs of Congress
1) to represent the people and do the day to day work
2) they translate the will of the people into law!
why is there bicameral legislature?
1) Historical Reason: British parliament also had two houses
2) Practical Reason: settled conflict between small and large states
- one based on population, one equal representation
3) Theoretical Reason: Check and Balance each other
one year time period during which Congress conducts its business
Session
to suspend business temporarily during a session
Recess
to suspend business until the next session
Adjourn
neither house can adjourn without the consent of the other houses
“Sine die”
the president has the power to end a session when the two houses can’t agree to adjourn
Prorogue
when the President calls Congress together for an emergency meeting
Special Session
powers of the House of Representative
1) Impeach the President
2) decide presidential election if no winner
3) all tax bills start here
the seats of the House of Representatives are redistributed every 10 years (census)
- how much population each state has and how many reps. they get
Reapportionment
why does the party in power usually lose seats in the Mid-Term Elections?
the party in power is blamed for all of the problems in the country
geographic districts from which one representative is chosen from a field of candidates
Single-Member Districts
representative chosen from the state as a whole
At-Large Districts
the drawing up of district lines to the advantage of the party in power
Gerrymandering
two ways of gerrymandering
1) Packing: concentrate the opposition’s voters in as few districts as possible
2) Cracking: spread the opponents voters out in as many districts as possible
qualifications of being a House of Representatives member
1) be 25 years old
2) be a citizen of the US for 7 years
3) live in the state they represent
the people they represent (entire state in the Senate)
Constituencies
all seats are never up for election at the same time (stagger the terms) 1/3 at a time
Continuous Body
qualifications of being a Senator
1) must be 30 years old
2) citizen of the US for 9 years
3) live in the state they represent
powers of the Senate
1) holds impeachment trials
2) ratifies treaties
3) confirms executive office appointments (judges, cabinets, etc.)
5 major roles of a member of congress
1) Legislators - make laws
2) Representatives - voice of the people
3) Committee members - screen bills
4) Servants to constituents - provide help to the people
5) Politicians - work for the government
process through which Congress checks to see if the executive branch (president) is following its policies/laws
Oversight Function
3 major types of committees
1) Standing committees (permanent): deal with subject matter
- education, finance, environment, agriculture, etc.
2) Special Committee (temporary): deal with investigations and presidential appointments
3) Joint Committee: deal with matter of both houses (Housekeeping - daily activities, records, budgets, etc.)
2 types of bills
1) Public Bill: law involving everyone
2) Private Bill: law involving specific group/area
where do ideas for bills come from?
1) Executive Branch
2) People
3) Congressman
4) Special Interest Groups
who introduces bills?
congressmen
what is the only kind of bill that cannot be introduced by either house?
Tax Bills - start only in the House of Representatives
how does a bill become a law? (6 steps)
1) Bill introduced by a Congressman
2) Committee Action (standing committee)
- they pass it on or pigeon-hole it! (most bills die here!
3) Floor Action - full House of Rep. or Full Senate
- debate and vote!
4) Conference Action/Committee: members from both houses
- “iron out” the bill
5) Floor Action: same as step 3
6) Presidential Action: Sign = Becomes law
- Veto = Refuse to sign
when a bill fails to become law because the president does not sign it within 10 days and within that time period, Congress adjourns
Pocket Veto
how can a veto be overridden?
only if there is a two-thirds majority in each house of congress
addition to a bill that has nothing to do with the original bill
- one that will not pass on its own merit, so they attach it to a bill they know will get passed
Rider
models of representation: 4 ways in which congressmen vote
1) Delegate: vote in the interest of the people
2) Partisan: vote along party lines
3) Trustee: vote on their conscience/merit of the bill
4) Politico: a blend of all the other 3
what is the percent of bills introduced that are actually passed?
4% of 5000 or 200 are passed
attempt by the Senate to stop the passage of a bill by “talking it to death” - unlimited timer
Filibuster
only way to stop a filibuster (60% vote to stop)
Cloture
who is the Chairman of the Senate?
The Vice President
who is the 3rd most powerful person in the government
The Speaker of the House
“fringe benefits” of congressmen
1) Housing tax allowance
2) Travel Allowance
3) Cheap health insurance
4) Pension plan
5) Free office and expenses for staff
three limits on Congressional Pay raise
1) president can veto
2) voter backlash - most important
3) 27th Amendment (pay raise does not take effect until next term)
average age of a congressman
60
protects congressmen from law suits for libel or slander arising from their speeches in Congress
- purpose: encourages/allows for free and open Legislative debate in Congress
Speech and Debate Clause
