Everything you need to know about the Legislative Branch

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Everything you need to know about the Legislative
Branch

• Requirements and Duties

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Legislative BranchCongress

• House of Representatives
• 435 members
• Bigger states (by population) more
  representatives
• Each Rep. elected for 2 years
• So, every representative runs for reelection
  every 2 years

Re-elect me in 2012 and 2014 and.. 2016..and 2018
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Congress House of Reps Senate

• House of Reps Requirements
• 25 years old
• Live in the state they wish to be elected from
• Citizen of the US for 7 years

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Legislative BranchCongress

• Senate
• 100 members
• 2 from each state
• MA Senator John Kerry (Democrat) and Scott Brown
  (Republican)
• 6 year term
• So, every two years, 1/3 of the Senate runs for
  re-election.

Elected 2008
Elected 2010
Elected 2006
Running for reelection in 2012
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Senate Requirements

• Senate
• Must be 30 years old
• Citizen of US for 9 years
• Be from that state

Senator Kerry- up for reelection in 2014
Senator Brown- Up for reelection in 2012
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Issues to ponder

• Why didnt the founders make more requirements
  for such important jobs?
• Why did they make the age/citizenship
  requirements higher for the Senate?
• How would the nation be different if there were
  more requirements?

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The big job is making laws

• Both House of Representatives and Senate can
  propose laws
• A proposed law is called a bill
• Proposals must be passed in both the Senate and
  House before going to President

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What power does Congress have?What types of laws
can Congress suggest?

• Article I, Section 8 gives the best summary of
  the powers
• To provide for general welfare
• To borrow money
• To make rules about Commerce (trade) with foreign
  Nations, and among the several States, and with
  the Indian Tribes
• To establish a rules for citizenship
• To make laws on the subject of Bankruptcies
  throughout the United States
• To coin Money

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What power does Congress have?What types of laws
can Congress suggest?

• To promote the Progress of Science and useful
  Arts, by allowing for patents
• To create Post Offices
• To create courts other than the Supreme Court
• To define and punish Piracies and Crimes
  committed on the high Seas
• To declare War

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What power does Congress have?What types of laws
can Congress suggest?

• To raise and support Armies, but money given for
  military use can only be used two years at a time
• To provide and maintain a Navy
• To call forth the Militia to carry out the Laws
  of the US, to put down rebellions and r
  Invasions
• To set the rules for whatever District as may
  become the home of the Government of the United
  States (Washington D.C.)

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Can Congress make laws about issues/ powers not
specifically mentioned in the Constitution?

• Can Congress set rules
• about telephone or internet companies?
• about health insurance?
• setting up Military Academies such as West Point
  to train members of the military?
• requiring a minimum wage?

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Answer Yes (on most)

• Last Sentence of Article I, Section 8 is called
  the necessary and proper clause
• Also called Elastic Clause---Why?
• Congress shall make any laws necessary and
  proper to carry out the powers described above
• What it means, part I If Congress says a law is
  needed to help them do their job (like raise and
  support armies), it can propose that law EVEN if
  that power/item is not listed in Constitution.
• EX Military academies help the armies be ready

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Answer Yes (on most)

• Last Sentence of Article I, Section 8 is called
  the necessary and proper clause
• Also called Elastic Clause---Why?
• Congress shall make any laws necessary and
  proper to carry out the powers described above
• What it means, part II If Congress can say a
  power/law they are seeking is basically the same
  as/ modern version of power listed, they can have
  it
• EX Creating rules for internet and phone usages
  is really about communicationsame way that post
  office was in 1700s.

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What are pros and cons of Elastic Clause?
Ouchmaybe He has too much power?
Like Congress, I have the power to stretch the
Constitution to fit new situations.
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Do Senate and House have exact same jobs?

• 90 same, but each has a few unique powers
• Proposals about budget spending must start in the
  House of Representatives
• Senators have the power to accept or reject
  Treaties the President has negotiated
• Senators accept/reject candidates President
  chooses to be on Supreme Court, cabinet, or
  ambassadors.

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Do Senate and House have exact same jobs?

• Impeachment Accusing an elected official with a
  high crimes ( major law break)
• House gets to decide whether to impeach an
  official (formally charge him/her with the law
  breaking)
• Senate is the jury when someone is impeached
• If someone is found guilty, they are kicked out
  of office.

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Misc. Facts

• Congress has to meet in formal session at least
  once a year
• Congress has to keep a record of the votes on
  proposals as well as summaries of debates on
  proposals
• Congress CANNOT require someone to be put in jail
  without being told the reason (habeus corpus)
• Congress CANNOT punish someone do breaking a law
  if the action happened before the law was passed
  (ex post facto laws)