Unit 4 - Legislative Branch Flashcards
How many people are in the HOR?
435 members
How many people are in the Senate
100 members
Qualifications for the House of Representatives
1) 25+ years old
2) 7+ year citizen
3) must be a legal resident of state that elects them
4) no concurrent executive job (sep. of powers)
Qualifications of the Senate
1) 30+ years old
2) 9+ year citizen
3) legal resident of state that elects them
4) no concurrent executive job (sep. of powers)
mark-up
when committee members go through the bill section by section and make changes they think the bill needs
session
a period of time during which a legislature meets to conduct business
term for a House member
2 years
term for a US Senator
6 years
Reapportionment
the process of reassigning representation based on population after every census
gerrymandering
to draw a district’s boundaries to gain an advantage in elections in favor of one political party
redistricting
to set up new district lines after reapportionment is complete
H/S Majority leader
the speaker’s top assistant whose job is to help plan the majority party’s legislative program and to steer important bills through the House/Senate; leader of party in Power
H/S Minority leader
develop criticism of the majority party’s bills and tries to keep Senators in the minority working together; leader of party not in power
whip
an assistant to the party floor leader in the legislature
Speaker of the House
chosen by the caucus of the majority party, they are the presiding officer of the House and is its most powerful leader
President Pro-Tempore
serves as leader in the absence of the President of the US Senate (Vice President)
Vice President
constitutionally serves as president of the US Senate
appropriation bill
a proposed law to authorize the spending of money
authorization bill
a bill that sets up a federal program and specifies how much money may be appropriated for the program.
public bill
a bill dealing with general matters and applying to the entire nation
private bill
a bill dealing with individual people or places
quorum
term that equals the minimum number of people necessary to conduct everyday business
types of staff members
personal staff and committee staff
duties of staff members
they help lawmakers with handling their constituents, legislative workload, communicating to constituents, drafting reports, and even attending meetings.
3 reasons why few bills pass
1) Lawmaking process is long and complicated. At any point, a bill can be delayed, killed or changed. Groups opposed to a bill have an advantage b/c they can amend or kill a bill at many steps along the way
2) Sponsors of a bill must be willing to compromise and bargain with lawmakers and interest groups. Bills must have strongg support to pass. Conversely, bills with strongly opposed groups rarely pass.
3) Lawmakers sometimes introduce bills they know will not pass as means to attract attention of the news media. It also helps lawmakers avoid criticism at reelection b/c they can report they took action.
casework
the work a lawmaker does to help constituents with problems
how bills become a law…
A bill is assigned a # and committee (can be introduced to either house or could be pigeonholed) — committee leaders assign bill to subcommittee — subcommittee holds hearings, markup sessions, vote — bill is returned to committee for hearings, discussions, vote — committee reports to the House Floor — passage requires majority vote and the signature of the leader of the Chamber — once passed, sent to other house and process repeats — (if needed conference action takes place) — bill is sent to President where it can be signed or left alone for 10 days to officially become a law
veto
rejection of a bill
pocket veto
when a president kills a bill passed during the last 10 days Congress is in session by simply refusing to act on it
entitlements
a required gov’t expenditure that continues from one year to the next
powers denied to Congress
1) writ of habeas corpus: court order to release a person accused of a crime to court to determine whether he/she has been legally detained
2) bills of attainder: laws that establish guilt and punish people without allowing them a trial
3) ex post facto laws: laws that make crimes of acts that were legal when they were committed
4) power tax exports: Congress cannot put a tax on goods being shipped out of the country
foreign policy powers
power to… approve treaties, declare war, create and maintain an army and navy, make rules governing land and naval forces, and regulate commerce.
cloture
a procedure that allows each senator to speak only one hour on a bill under debate; used to stop a filibuster
4 types of committees
1) standing committee: permanent group that oversees bills dealing with certain kids of issues
2) select committee: (temporary) study one specific issue and report findings to the House/Senate
3) joint committee: made up of both the House and Senate, it acts as a study group with responsibility to report findings back to the House and Senate
4) conference committee:(temporary) set up when the House and Senate have passed different versions of the same bill
20th Amendment
gives Congress the power to settle problems arising from the death of elected candidates and from presidential incapacity or resignation; changed session time from March 15 to noon of January 3
27th Amendment
Prohibits a sitting Congress from giving itself a pay raise
censure
a vote of formal disapproval of a member’s actions
expell
to refuse a legislator to be seated in Congress by a majority vote
revenue bills
a law proposed to raise money
pork-barrel legislation
laws passed by Congress that appropriate money for local federal projects
log-rolling
an agreement by two or more lawmakers to support each others bill
pigeon-holing
committee members can ignore a bill and simply let it die in order to reject a bill; sending a bill to the wrong committee and letting it die
constituent
a person whom a member of Congress has been elected represent
incumbent
elected official that is already in office
copyright
the exclusive right to publish and sell a literary, musical, or artistic work for a specified period of time (lifetime of creator plus 50 years)
patent
the exclusive right of an inventor to manufacture, use, or sell his or her invention for a specified period of time (17 years with renewal)
franking privilege
benefit of Congress = postage for official business by using signature instead of a stamp
perjury
lying under oath
Ohio Senators
Sherrod Brown and Rob Portman
10 District HOR
Mike Turner
length of term of Congress
2 years
Congress starts on…?
January 3 of odd-numbered years
How many HOR’s is each state guaranteed?
at least one
How often is a census taken?
every 10 years
number of Senators per state
2
27th Amendment
controls Congressional salary increases
other than Franking Privilege, name four privileges given to members of Congress
1) stationary
2) postage for official business
3) medical clinic
4) gymnasium
nearly 1/2 the members are trained as…?
lawyers
list the typical characteristics of a Senator or Representative
white, middle-aged, male, over 50 years
What is the number necessary for majority in the House
218 members
filibuster
stall the legislative process and prevent a vote
Who is the Speaker of the House chosen by?
a caucus of the majority party
Who is the Speaker’s top assistant?
majority leader
Who serves as the assistant floor leaders?
whips
Who constitutionally serves as the President of the US Senate
Vice President
How are the chair person of each committee chosen?
seniority system
What does an administrative assistant to a lawmaker do?
run the lawmaker’s office, supervise their schedule, and give advice on political matters
What does a legislative lawmaker to a lawmaker do?
make certain the lawmaker is well informed about the man bills they deal with; do research, draft bills, study bills, and write speeches and articles for the lawmakers
What do caseworkers do?
They handle the many requests for help from people in lawmaker’s state or congressional district
enumerated powers
the expressed powers of Congress that are itemized and numbered in 1-18 in Article 1, section 8 of the Constitution
four powers denied to Congress in Art. 1, Sec 9
writ of habeas corpus; bills of attainder; ex post facto laws; power tax exports
list the five expressed powers of Congress that help it control the nation’s money
- borrow money (clause 2)
- establish bankruptcy laws (clause 4)
- coin, print, and regulate money (clause 5)
- punish counterfeiters of American currency (clause 6)
- lay and collect taxes to provide for the defense and general welfare of the US (clause 1)
list the four powers that deal with providing for our nation’s growth?
1) power over naturalization (immigrants to the US become citizens)
2) pass laws needed to govern any territories
3) pass laws to govern federal property
4) admit new states
non-legislative powers
- choose a president: Congress can pick a President based on the count of the Electoral College votes
- Removal of Party: Congress can remove any federal official from office (HOR has exclusive power of impeachment)
- Confirmation Power: Senate has power to approve presidential appointments of federal positions
- Ratification Power: Senate has power to ratify treaties b/t the US and other nations
- Amendment Power: power to propose amendments with a 2/3 vote of both houses or by a convention called by the legislatures of 2/3 of the states
like courts, congressional committees have the power to _________ witnesses
subpoena
if you refuse to testify…
you could be held in contempt and be arrested and jailed
immunity
freedom from prosecution for witnesses whose testimony ties them to illegal acts
list 4 limits to legislative oversight
1) lawmakers don’t have enough staff, time, or money to keep track of everything going on in the executive branch
2) lawmakers know that there are not many votes to be gained from most oversight activities
3) Language of some laws is so vague it is difficult to judge the meaning; lawmakers can’t judge if the executive branch is carrying out the law’s intent
4) committee sometimes favor the federal agencies they are to oversee; in such cases, the committee may not engage in careful, critical oversight of an agency
list the 5 main causes of conflict b/t the President and Congress
1) constituents & conflict: Prez is chosen by a large national electorate; Congress is elected by stats and congressional districts which creates a diff. opinion about public policy
2) checks & balances: allows the Prez to counteract Congress with a veto,but Congress can respond with amending or overriding bill = Congress vs. Prez
3) Party Politics: especially when Prez & Congress are from diff. parties, the relationship can be strained
4) Organization of cause of conflict: the org. of Congress provides many weapons to those who want to resist a legislative proposal of the Prez
5) Differing political timetables: Prez has at most 8 years, Congress can look forward to reelection many times
list the limits on the president declaring a national emergency
- president must notify congress when they intend to declare a national emergency
- the national emergency cannot last more than one year unless the president repeats the process
- congress can end a state of emergency by passing legislation
simple resolution
a statement adopted to cover matters affecting only one house in Congress
joint resolution
a resolution passed by both houses of Congress dealing with unusual or temporary matters such as correcting an error in an earlier law
concurrent resolution
a resolution that covers matters requiring the action of the House and Senate but on which a law is not needed
rider
a provision included in a bill subject other than the one covered in the bill; stick in with another bill to try and get it to pass
list the 4 actions a president can take on a bill
1) sign bill & bill becomes a law
2) keep the bill for 10 days without signing, and if congress is in session, the bill will become a law without signature
3) reject the bill with a veto (refuses to sign and returns bill to the house of Congress along with reasons for veto
4) kill a bill passed during the last 10 days Congress is in session by refusing to act on it (pocket veto)
what percentage of annual expenditures are already committed to certain programs
70%
public works
a bill in which Congress appropriates money for local federal projects
Connecticut Compromise
- equal representation in the Senate (upper house) = New Jersey Plan
- House representation based on state population (new house) = Virginia Plan
- *max f 435 members (1911)
- *reapportionment after every census
- House representation based on state population (new house) = Virginia Plan
session times
- 20th Amendment: noon on Jan. 3 instead of Mar. 15
- President can cal special sessions (national emergency)
- adjournment only with consent of both houses
major functions of Congress
- development and approval of gov’t policies
- providing necessary funding to execute laws
- oversight of the bureaucracy
Basic facts about the HOR
- means of office = plurality/majority vote in district
- - term = 2 years (reelected every 2 years)
Basic facts about the Senate
- means of office = plurality/majority vote in state (17 Amendment)
- term = 6 years (1/3 elected every 2 years)
Big steps in making a bill become a law
1) Introduction
2) Committee Phase
3) Chamber Passage
4) Conference Actions
5) Presidential Options
17th amendment
Established term limits and the number of senators
26th amendment
Made 18 the legal age to vote
