The Legislative Branch

Question 1

Which article of the Constitution established the legislative branch?

Answer 1

The legislative branch was established by Article I of the Constitution.

Question 2

How is the number of representatives allotted to each state?

Answer 2

The number of representatives in the House as a whole is capped at 435, and each state’s representation in the House is in proportion to its population. Each state has at least one representative. The census, taken every 10 years, allows for reapportionment of the number of representatives to the states.

California has the most representatives with 53, and several states only have one representative.

Question 3

How often must representatives stand for election?

Answer 3

Each member of the House of Representatives stands for election every two years.

While senatorial elections are also held every two years, only a third of the Senate stands for election every two years and are elected to six-year terms.

Question 4

What are the three qualifications to be eligible for election to the House of Representatives?

Answer 4

To be a member of the House, one must be:

• 25 years old
• an American citizen for seven years
• a resident of the state he/she represents

Not every state requires (but it is traditional) that the representative live in the district which he/she represents.

Question 5

How many members are in the Senate?

Answer 5

There are 100 senators, and each state has two. The vice president, who presides over the Senate and casts any necessary tie-breaking vote, is not considered a member of the Senate.

Question 6

How often must senators stand for election?

Answer 6

Senators stand for election every six years, but only one-third of the Senate stands for election every two years.

Question 7

What are the three qualifications to be eligible for election to the Senate?

Answer 7

To be a member of the Senate, one must be:

• 30 years old
• an American citizen for nine years
• a resident of the state he/she represents

Question 8

How did the 17th Amendment modify senatorial elections?

Answer 8

The 17th Amendment provided for Senators to be elected by the people directly. Prior to the passage of the 17th Amendment in 1913, Senators were elected by their state legislatures.

The founders established indirect elections as a check on factions; but the amendment passed out of fears that the process had become corrupt.

Question 9

When may the vice president cast a vote in the Senate?

Answer 9

The vice president may only cast a vote in the Senate in the event of a tie.

Question 10

Define:

incumbency effect

Answer 10

The incumbency effect refers to the advantage enjoyed by current officeholders in running for reelection against their opponents.

Incumbent advantages include name recognition, easier access to campaign resources, such as campaign workers, monetary funds, and group endorsements.

Question 11

Define:

term limits

Answer 11

Term limits restrict the number of terms an existing officeholder may serve. While the 22nd Amendment limits the president to two consecutive terms, members of Congress do not have term limits.

The Supreme Court has held that, absent a congressional amendment, term limits may not be passed into law.

Question 12

What congressional duties does the Speaker of the House perform?

Answer 12

The Speaker of the House is the House’s most powerful member. As the leader of the House’s majority party, the speaker:

• refers bills to committees
• controls floor debate over bills
• assigns members to committees.

Question 13

The _____ _____ _____ is typically the longest serving Senator of the majority party.

Answer 13

president pro tempore

The role of the president pro tempore is largely ceremonial; but the person is third in line to the presidency.

Question 14

What role does the House and Senate majority leader fulfill?

Answer 14

The House majority leader is the Speaker of the House’s primary assistant. Generally, the majority leader is responsible for management of the House committees and for maintaining the House floor’s legislative calendar, but the majority leader’s role can vary based upon the leadership style of the Speaker of the House.

The Senate Majority Leader serves many of the same functions in the Senate, although he/she also has direct control over his/her party.

Question 15

What roles do the House and Senate majority and minority whips play?

Answer 15

The majority and minority whips manage their respective party’s legislative program on the House and Senate floor. The whips’ primary task is to make sure that all party members are present to vote upon important measures.

Question 16

What role is typically fulfilled by the House and Senate minority leaders?

Answer 16

The House and Senate minority leaders serve as the spokesperson of minority party in the House or Senate.

The minority leader’s main role is to spearhead the effort to retake majority control of the House or Senate. Efforts range from stalling congressional debates, promoting the party’s agenda, and providing campaign assistances.

Question 17

In the House and Senate, what bodies typically perform most of the day-to-day work?

Answer 17

Committees perform most of the Congress’ day-to-day work and handle specific duties (rather than the general duties of the Congress as a whole).

Not all the House and Senate committees mirror each other; for instance, only the House has a committee on Natural Resources, while only the Senate has an Indian Affairs committee.

Question 18

How is membership on a given congressional committee determined?

Answer 18

Committee membership is determined by the percentage of each party’s membership in their respective houses. Deference is given where possible to the interests of committee members’ districts (e.g. congressmen for Alaska may serve on the committee overseeing fisheries).

Question 19

In the House, which committes assign members of their party to other committees?

Answer 19

In the House, Democratic Party members are assigned to various committees by the Steering and Policy Committee of the House Democratic Caucus.

For the House Republican Conference, this function is carried out by the Republican Steering Committee.

Question 20

Each House and Senate committee is headed by a chairperson, who is typically the majority party’s longest serving member of the committee. What does this individual do?

Answer 20

The chairperson is typically responsible for managing floor debate when one of the committees’ bills is presented. The chairperson assigns members to sub-committees within the committee and determines which witnesses to call during committee hearings.

Question 21

What is a standing committee?

Answer 21

A standing committee is a permanent House and/or Senate committee that is responsible for a specific area of foreign and domestic policy. Examples of standing committees include Agriculture, Defense, and Budget.

Question 22

What are select committees?

Answer 22

Select committees are congressional committees established for specified purposes. As an example, the House Select Committee on Energy Independence and Global Warming existed from 2007-2011.

Question 23

Define:

joint committees

Answer 23

Joint committees are composed of members of both the House and the Senate and are convened for a special purpose.

During the Civil War, the joint committee on the Conduct of the War was established to investigate the conduct of several Union generals and was composed of four senators and four representatives.

Question 24

What role do conference committees play in the lawmaking process?

Answer 24

Since bills passed by the House and Senate may contain varying language and provisions, conference committees are joint committees that resolve differences between bills. After a perfected bill is created, the conference committee returns it to the House and Senate for a final vote.

Question 25

What function does the House Rules Committee play?

Answer 25

Controlled by the Speaker, the House Rules Committee establishes the rules under which a bill is presented to the House. The Rules Committee can limit the number of amendments from the floor and the time for debate.

Since the Rules Committee can limit the time for debate, filibusters cannot take place in the House. In the Senate, however, there is no committee on rules or debate time limits. Only in the Senate are filibusters possible.

Question 26

In the congressional context, what are caucuses?

Answer 26

Caucuses are informal congressional groups formed by legislators who share similar beliefs and goals. There are a wide variety of caucuses, ranging from the House Caucus on Missing and Exploited Children to the Congressional Black Caucus.

Question 27

The congressional practice of sending mail without affixing a stamp is known as the _____ _____.

Answer 27

franking privilege

In practice, the franking privilege is not absolute. Congressional members have a limit on the amount of mail they may frank, and the frank is only to be applied to official business.

Question 28

Members of Congress enjoy what two immunities?

Answer 28

Members of Congress cannot be:

1. arrested while engaged in official business
2. sued for slander for remarks made in a Congress

Question 29

What role does each branch of Congress play in the impeachment process?

Answer 29

The House of Representatives may vote to impeach the president, or other official for cimmitting “bribery, treason, or high crimes and misdemeanors.”

The Senate determines whether or not to remove a government official by holding an impeachment hearing, presided over by the Chief Justice of the Supreme Court.

Question 30

In the event no presidential candidate receives a majority of the electoral votes, what role does the House of Representatives play?

Answer 30

Pursuant to the Constitution, if no candidate receives a majority of the electoral votes, the House of Representatives chooses the new president from among the top three candidates.

The Senate performs the same function if no candidate receives the majority of the electoral votes for vice president.

Question 31

After a congressional member introduces a bill on the floor of either the House or the Senate, what happens next?

Answer 31

Once a bill is introduced, it is assigned to the appropriate committee. The bill is then often sent to a sub-committee. For instance, a House bill on the speed limit would likely go to the House Committee on Transportation and Infrastructure and then to the Sub-committee on Highways and Transit.

The sub-committee then studies the bill and returns it to the committee with a recommendation. The committee then votes yea or nay on the bill.

Question 32

Once a committee approves a bill, what happens next?

Answer 32

If a committee approves a bill, it is introduced to the House and Senate for debate and amendments and a vote is taken. If the bill passes, it is sent to the other house of Congress where the process repeats itself.

Question 33

If both the House and Senate have approved a bill, how are differences between the two bills resolved?

Answer 33

A joint conference committee, composed of members of the House and Senate, hammers out the differences between the two bills. Identical bills are then sent to the House and Senate for a final vote.

Question 34

Once both the House and Senate have passed a final version of a bill, it goes before _____ _____.

Answer 34

the president

The president may either veto the bill (deny) or sign the bill (enact into law). If the president vetoes the bill, Congress can override the veto by a two-thirds majority in each house.

If the president does not affix his signature wthin 10 days, the bill automatically becomes law.

Question 35

Define:

filibuster

Answer 35

A filibuster is a means of extending or delaying a vote on a given bill. A formal filibuster can only take place in the Senate. Senate rules allow a Senator, or a number of Senators, to speak for as long as they wish on any topic they wish.

The longest filibuster on record is 24 hours and 18 minutes by Strom Thurmond against the Civil Rights Act of 1957.

Question 36

Define:

cloture

Answer 36

Cloture is a Senate motion to end a filibuster, and it requires the approval of 60 Senators.

Question 37

What is “pork barrel” legislation?

Answer 37

Pork barrel legislation is legislation that funds initiatives in the legislator’s home district. Pork barrel projects are added to the federal budget by members of the appropriation committees of Congress.

The most famous recent example of pork barrel legislation was for the “Bridge to Nowhere,” a $398 million Alaskan bridge that was supposed to connect Gravina Island’s 50 residents with the Alaskan mainland.

Question 38

What is logrolling?

Answer 38

Logrolling is the process by which legislators trade favors. One representative might agree to vote for another member’s bill in return for support on his or her own bill.

Question 39

_____ are attachments to pieces of legislation, generally having no connection with a bill.

Answer 39

Riders

There are two reasons riders are used. First, riders can be attached to a bill to make it unpalatable to a majority; this is known as a “poison pill.” Second, a rider can be attached to a bill because the rider usually wouldn’t pass on its own.

Question 40

What is it called when a change is made to a bill that deals with the purpose of that bill specifically?

Answer 40

This process is known as an amendment.

Question 41

Both the Senate and the House have a committee on appropriations. What do these committees do?

Answer 41

The committees on appropriation are responsible for setting specific monetary expenditures by the federal government. The Constitution requires “appropriations made by law” and, after a budget is approved, the committees pass legislation appropriating funds.

Question 42

What are the responsibilities of the House and Senate budget committees?

Answer 42

The House and Senate budget committees draft and prepare a concurrent resolution on the president’s budget for their respective houses, which sets aggregate levels of spending and revenue for a given year.

The House and Senate appropriations committees use the concurrent resolutions on the budget in drafting their appropriations legislation.

Question 43

The House Ways and Means Committee performs what function?

Answer 43

The House Ways and Means Committee is the chief tax committee in the House of Representatives; the committee has jurisdiction over taxation, tariffs and other revenue-raising measures. In addition, the Ways and Means Committee has jurisdiction over Medicare, Social Security, and Temporary Assistance for Needy Families.

Since the House has priority on revenue bills, there is no Ways and Means Committee in the Senate.

Question 44

What are the differences between the Senate Judiciary Committee and the House Judiciary Committee?

Answer 44

Pursuant to the Constitution, the Senate is responsible for approving federal court judges, and the Senate Judiciary Committee conducts hearings on potential judicial nominees before a vote on the Senate floor. The Senate Judiciary Committee also works on federal criminal law. The Senate Judiciary Committee also reviews proposed amendments.

The House Judiciary Committee has a more limited role, overseeing the federal law enforcement agencies (such as the F.B.I.), and justice administration within the administrative agencies and federal courts. It also proposes federal criminal laws.