The legislative branch Flashcards
The legislative Branch of the federal government is called
congress
the legislative branch was est. by
article 1 of the constitution
article 1 of the constitution known as
“the first branch”
Jobs of Congress: (2)
- Represent the people and do the day to day work
- They translate the will of the people into law
Bicameral
(2 houses)
Why is congress Bicameral? (3)
- Historical Reason: Copied British Parliament
- Practical reason: settled conflict between small and large states
- Theoretical Reason: (Check and Balance each other)
How long is a term in Congress?
2 years
Session of Congress:
1 year time period during which Congress conducts its business (2 sessions per term)
Recess
To suspend business temporarily during a session
Adjourn
to suspend business until the next session
Sine Die
Neither house can adjourn without the consent of the other
Prorogue
the president has the power to end a session when the 2 houses can’t agree to adjourn
Special Session
When the president calls congress together for an emergency meeting
Why are special sessions rarely called anymore?
Congress meets almost year round
Lower house
house of representatives
how many members in the house of representatives
435
Representation in the house of representatives is based on what?
Representation is based on the population of the state apportioned (distributed)
How many states have 1 representative
7
Members of the house of representatives serve how long of a term
2 years
why is the term for a member for the house of representatives so short?
kept short so they will stay in contact with the people
How many terms are members of the house allowed to serve
no limit
Do members of the house represent their entire state?
Represent their district only not the entire state except for the 7 states with 1 representative
Powers of the house of representatives: (3)
- To impeach the president
- Decide presidential election if no clear winner
- All tax bills start here (power of the purse)
Reapportioment:
the seats are redistributed every 10 years (census)
fixed number of seats in the house
435 (permanent)
When are Congressional Elections
Tuesday following the 1st monday in November on even numbered years
Midterm Elections:
(Non presidential years) Party in power usually loses seats
Why does the party in power usually lose seats?
Party in power usually loses seats! Because the party in power is blamed for all of the problems in the country
How many districts in U.S.
435
How many people does a voting block represent?
about 740,000 people
single member districts:
geographic district from which one representative is chosen from a field of candidates
At large districts
representative chosen from the State as a whole
(7)
District lines are drawn up by
state legislatures of the party in power
Gerrymandering
the drawing up of district lines to the advantage of the party in power
2 ways gerrymandering is done:
- Packing: Concentrate the opposition’s voters in as few districts as possible
- Cracking: Spread the opposition’s voters out in as many districts as possible
Purpose of Gerrymandering
to lose as few districts as possible and stay in power
Qualifications for House members: (formal) (3)
- Must be 25 years old
- Must have been a citizen for 7 years
- Must be a resident of the states
Upper house
The senate
How many members in the senate
100 members - 2 per state
Constituencies
the people they represent (entire state)
Senators were Originally chosen by
State legislatures
now senators are choses by the people because of:
17th amendment
How long of a term do senators serve?
Serve a 6 year term (no limit)
What does the Senate focus on?
Focus on the “big picture” of the entire state
Continuous Body
all seats are never up for election at same time (stagger the terms)
Qualifications of a Senator: (Formal) (3)
- 30 yrs old
- Citizen of the USA for 9 years
- Live in the state
Powers of the Senate:
- Holds impeachment trial
- Ratify Treaties
- Comfirms executive office appointments (judges, cabinet, etc.)
Differences between the house and the Senate: (5)
- House is larger
- House has shorter term (2 years) Senate 6 years
- House has smaller constituency
- House all elected every 2 years, 1/3 of Senate elected every year
- House has less prestige
5 major roles of a member of Congress
- Legislators – make laws
- Representatives – Voice of people
- Committee Members – screen bills
- Servants to constituents – provide help to the people
- Politicians – work for the government
Oversight function
process through which Congress checks to see if the executive branch is following its policies/laws
Most of Congresses work is done in
committees
3 major types of committees/congress
- Standing committees
- Special committees
- Joint:
Standing committees
(Permanent) deal with subject matter (education, finance, environment, etc.)
Special Committees
(temporary) deal with investigations and presidential appointments (watergate, supreme, court nominees)
Joint Committees
Deal w/ matter both senate and house/housekeeping
Bill
proposed law
2 types of bills:
- Public Bills - law involving everyone
- Private Bill - law involving a specific group or area
Where do ideas for bills come from? (4)
Executive branch
People
Congressmen
Special interest groups
What is the only Bill that can’t start in either house?
Tax bill (only lower house)
Who introduces bills?
A congressman
Which house must a bill be passed by?
both
Statute
Law
How a bill becomes a law (statute) - 6 steps
- Bill is introduced by a congressman
- Committee Action
- Floor Action - Full house/senate debate/vote
- Conference action/committee (members from both houses “iron out” the bill – must be exact
- Floor action – same as step #3
- President action
What step of a bill becoming a law do most bills fail on?
The second:
Committee Action (standing committee)
What is it called when a Bill dies?
Pigeon Holed
What 3 choices does the president have with a bill as the last step before it becomes a law?
- Sign – becomes saw
- Veto – refuse to sign
- Pocket Veto
What happens a the President Vetos a bill?
it goes back to step 3
What is a pocket veto?
when a bill fails to become law because the president does not sign it within the ten-day period, and cannot return the bill to Congress because they have adjourned
How can a presidential veto be overridden?
Veto can be overridden by congress with a two thirds majority vote in each house
Rider:
addition to the bill – has nothing to do with the bill – one that will not pass on its own merit, so they attach it
Models of Representation: 4 ways in which congressmen can vote
Delegate Vote
Partisan Vote
Trustee Vote
Politico Vote
Delegate Vote
vote in the interest of the people (agent)
Partisan Vote
vote along party lines
Trustee Vote
vote their conscience/merit
Politico Vote
a blend of the other three
Filibuster
attempt by the Senate to stop the passage of a bill: “talk it to death”
Cloture
only way to stop a filibuster – 60% vote to stop
Longest filibuster in history
24 hours
Leader of the House of representatives:
Speaker of the House is the chairman – 3rd most powerful position in the government
Leader of the Senate:
Vice President is the chairman
Chairman when the Vice President is not there
President pro-tempore
Congress compensation
Set their own pay
Benefits in Congress compensation: (5)
- Housing tax allowance
- Traveling allowance
- Cheap health insurance
- Pension plan
- Free office and expenses f or staff
Three limits on Congressional pay:
- President’s veto
- *voter backlash – most important
- 27th amendment (does not take effect until the next term)
Average Congressman age:
60
Speech and Debate clause:
Protects legislative speech
Meaning of Speech and Debate Clause:
It protects Congressman from law suits for libel or slander arising from their speech in congress
Purpose of Speech and Debate Clause:
Encourages/allows for free and open legislative debate in Congress
