the almost painless guide to the legislature legislative
TRANSCRIPT
Opener: Monday, April 11th
• The Almost Painless Guide to the Legislature
• Legislative Branch
• U.S. Government Structure in 5 Minutes
Legislative
Branch
Congressional Structure
The Constitution & the
Legislative Branch
• Article 1 Describes Structure of Congress
• Bicameral Legislature
• Divided into two houses
- Each state sends two Senators
regardless of state size
- Number of Representatives each state
sends to the House depends on their
state population
Requirements for Membership
• Constitution also sets out requirements for membership in the Senate and the House
• House of Representatives
• Min. 25 years of age, reside in U.S. at least 7 years, serve 2 year terms
• Senate
• Min. 30 years of age, reside in U.S. at least 9 years, serves 6 year terms
• Congressional members must be legalresidents of their state
Terms and Sessions•Congressional Term - 2 years
• i.e. 2 years between election years
• Two Sessions per year• Jan 3rd – Dec.
• Jan - July 31st
• Recess = temporary break
• Special Session= Outside of regular hours
• Joint Session= Both House and Senate
• “State of the Union” Called by President
Determining Representatives
• Census=Every 10 years to determine population
• Apportionment – proportional process of allotting
congressional seats to each state following the
10 year census
• Redistricting - redrawing of congressional districts
to reflect increases or decreases in seats allotted
to the states, as well as population shifts within a
state
• 1929 – House sized fixed at 435 members
Determining Representatives
• Gerrymander= drawing district linesbased on some characteristic other than
just population
a) Discriminatory gerrymandering
b) Misrepresentation
Georgia’s 14
Congressional
Districts
How Congress is Organized
• New Congress is seated every two years.
• Elect new leaders on a rotating basis
• Each house has a hierarchical
leadership structure.
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Congress
Senate
Upper House
House of Representatives
Lower House
President of SenateVP of USA
President Pro TemporeSenior Ranking Member Of the Majority Party
435 Representatives
Elected by Population
House Minority
Leader
Speaker of HouseMajority Leader
100 Senators
2 from each State
Senate Minority
Leader
House Majority
Floor LeaderSenate Majority
Leader
House Minority
Whip
House Majority
WhipSenate Majority
Whip
Senate Minority
Whip
The House• Speaker • Presides over House
• Official spokesperson for the House
• Second in line of presidential succession
• House liaison with president
• Great political influence within the chamber
• Henry Clay, first powerful speaker (1810)
• Joe Cannon (1903-1910), was so powerful, that a revolt emerged to reduce powers of the speakership.
• Newt Gingrich (1995)
• Paul Ryan (R, Wisconsin)– current speaker
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Other House Leaders• Majority Leader
• Elected leader of the party controlling the most seats in the House or the Senate (majority party)
• Second in authority to the Speaker—in the Senate, is the most powerful member
• Minority Leader• Elected leader of the party with the second highest
number of elected representatives in the House of Representatives or the Senate (minority party)
• Whips – ensures party discipline in a legislature
• Party caucus or conference• A formal gathering of all party members
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The Senate• The Constitution specifies the vice president as
the presiding officer of the Senate.• He votes only in case of a tie.
• Official chairperson of the Senate is the president pro tempore (pro tem)• Generally goes to the most senior senator of the
majority party
• Actual presiding duties rotate among junior members of the chamber
• True leader is the majority leader, but not as powerful as Speaker is in the House
The Senate
• Senate rules give tremendous power to
individual senators.
• Offering any kind of amendment
• Filibuster - debate over a proposed piece of
legislation is extended, allowing one or more
members to delay or entirely prevent a vote
on the proposal
• Because Senate is smaller in size, organization
and formal rules have not played the same role
as in the House.
Current
Congressional Leadership114th Congressional Term
Leadership in the
House of Representatives
SPEAKER OF THE HOUSESelected by the majority party
Job:Presiding Officer of the House
Power: Decides which committee a bill goes to. Paul Ryan (R-WI)
Elected 2015
Leadership in the
House of Representatives
SPEAKER OF THE HOUSESelected by the majority party
Majority LeaderLeads the majority party
Job: Shepherds legislation
Minority LeaderLeads the minority party
Job: Leads Opposition
Nancy Pelosi (D-Ca)Kevin McCarthy (R-CA)
Leadership in the
House of Representatives
SPEAKER OF THE HOUSESelected by the majority party
Majority Leader Minority Leader
Majority Whip Job:Assists the leader, rounds up
votes, heads large group of deputy
and assistant whips.
Minority Whip Job: Assists the leader,
rounds up votes, heads
large group of deputy and
assistant whips.
Steny
Hoyer
D-MD
Steve
Scalise
R-LA
Other House Positions• Clerk of House does administrative duties.
• Parliamentarian keeps rule on debate.
• Chaplain prays before debate.
• Sergeant at Arms keep order.
• Official Reporters writes every single word in meeting.
• Post Master sees that everything is distributed.
Georgia’s Representation
• Georgia currently has 14 congressional districts.
• Wheeler’s current congressional district is the 6th
represented by:
Congressman Tom
Price
Leadership in the
United States SenatePRESIDENT OF THE SENATE
The Vice President of the United States
Vice President Joe Biden
Elected in 2012
Job:Presiding Officer of the Senate
Power: Breaks tie in legislation. Otherwise does not vote.
Leadership in the
United States Senate
PRESIDENT OF THE SENATEThe Vice President of the United States
Orrin Hatch
R-UT
PRESIDENT PRO
TEMPORESelected by majority party. Usually
most senior member of the Senate
majority party
Job: Presides over the
Senate when the Vice
President is absent.
Leadership in the
United States Senate
Leadership in the
United States Senate
Harry Reid (D-NV)Mitch McConnell (R-KY)
Majority LeaderLeads the majority party
Job: Shepherds legislation
Also plans the senate work schedule,
assigns bills and senators to committees
Minority LeaderLeads the minority party
Job: Leads Opposition
Leadership in the
United States Senate
Majority Whip
Assist the Majority Leader
Job: Makes sure legislators
are present for key votes
Minority WhipAssist the Minority Leader
Job: Makes sure legislators
are present for key votes
John Cornyn R-TX Richard Durbin D-IL
Georgia’s Representation
Senator Johnny Isakson
AND
Senator David Perdue
Opener: Tuesday, April 12th
• Crash Course - Congressional Leadership
Congressional
Rules and Benefits
Congressional Rules
• Loyalty to chamber
•Civility• Seniority – the most senior members get more choice of assignments
• Specialization expert in areas
• Reciprocity-support for each others bill.
Privileges and Penalties
•Congressional Immunity
• Freedom of Expression in Congressional Records
• Expel Members with 2/3rd vote.
•Censure Members
•Codes of Ethics
Compensation and Benefits
• Salaries ($150,000 approved in 2002) increases as cost of living does. (27th Amendment)
• Outside Income allowed
• Fringe Benefits (Perks)
• Offices
• Expense Accounts
• “Franking Privilege” Stationary and Postage
Compensation and Benefits
• Computer service
• TV and radio broadcast
• Travel expense
• Foreign Trips
• Pension Plan and Retirement Income
• Incumbent = helped to get reelected
Congressional Powers
Constitutional Powers of CongressThe authority to make laws is shared by both chambers of Congress
• No bill can become a law without the consent of both houses.
• Each chamber also has special, exclusive powers as well.
• Other shared powers• Declare war
• Raise an army and navy
• Coin money
• Regulate commerce
• Establish the federal courts and their jurisdiction
• Establish rules of immigrationand naturalization
• Make laws necessary and proper to carrying out the powers previously listed
• Special powers• House – impeachment
• Senate – treaties, presidential appointments
Legislative Powers
• Money power: lay and collect taxes, borrow money,
establish bankruptcy laws, coin and print money,
punish counterfeiters
• Appropriations bill – any law that authorizes
congress to spend money
• National debt – total dollar amount owed by the
government at any given time
Commerce Power
• Intrastate commerce – commerce among the
states
• Foreign commerce
• Meaning of commerce – how it far it exceeds just
the buying and selling of products.
• Has allowed congress to control working conditions
including minimum wage.
Foreign Policy Powers
• Approve treaties
• Declare war
• Create and maintain an army and navy
• Make rules to govern land and naval forces
• Regulate foreign commerce
• SHARES these powers with the President
Providing for the Nations
Growth• Naturalization – the process by which immigrants to
the U.S. may become citizens.
• Authorize admission of new states
• Pass laws to govern territories
• Pass laws to govern federal property (military bases,
govt. buildings)
Powers over the Judicial Branch
1. Establish Federal Courts
2. Set number of Supreme Court
Justices
3. Set the Jurisdiction of the
Federal Judiciary
Congressional Powers
Other Legislative Powers
• Grant copyrights – exclusive right to
publish and sell a literary, musical,
or artistic work for a specified period
Grant patents - exclusive
right of an inventor to
manufacture, use and sell
his or her invention for a
specific period, currently 7
years
Congressional PowersNon-Legislative Powers
A. Advise and Consent1. Presidential Appointments (V.P.,
Justices, and Cabinet)
2. Formal Agreements with Foreign Nations (Treaties)
B. Impeachment (Majority in House)
C. Convict and Remove Federal Officials (2/3rds in Senate)
Congressional Powers
D. Admit New States to the UnionE. Amend the ConstitutionF. Counts Electoral Votes
If no majority: -the House will elect the Pres.-the Senate will elect the V.P.
G. Gov. “Watchdog” – Congressional committees can hold hearings and investigations, call witnesses, and make recommendations.
Government Watchdog
Power to investigate• Done by standing or select
committees
• Lead to new legislation, changes in government programs, or removal of officials from office
• Have the power to subpoenawitnesses, prosecute witnesses for perjury, or hold them in contempt if they refuse to testify
• Witnesses can be granted immunity
Government Watchdog
Legislative Oversight
• A continuing review of how effectively
the executive branch carries out the
laws that Congress passes
• Legislative Reorganization Act of 1946
and 1970 “Each standing committee
shall review and study, on a continuing
basis, the application, administration
and execution” of law in area of its
responsibility
Government Watchdog• Limitations on Legislative Oversight• First, lawmakers do not have enough staff, time,
or money to effectively monitor the executive branch
• Second, lawmakers know that there are not many votes to be gained from most oversight activities
• Third, the language of some laws are too vaguemaking it difficult to judge
• Finally, committees might, sometimes favor the federal agencies they oversee
Key Differences Between the House and Senate
Congress in Your Life…
Make
the Laws
Oversight
Inform us of the laws
Constituent
services
Congress is Important!
For Georgia!
And for you!
Opener – Wednesday, April 13th
Crash Course - Congress
Schoolhouse Rock - How a Bill Becomes a Law
Congress at WorkHow a Bill Becomes a Law
Used to fix internal (unusual/temporary) matters
• Simple Resolutions: Covers matters affecting only one
house of Congress and is passed by one house alone
• Concurrent Resolutions: covers matters requiring the
action of both the Senate and the House, but which a
law is not needed
• Joint Resolutions: resolution passed by both houses -
Includes President’s signature which gives it the force of
law
Resolutions
How a Bill
Becomes a Law
Types of Bills
• Private Bills: deal with individual
people or places
• Public Bills: deal with general matters
and apply to the entire nation
Extras• Riders: a provision on a subject other than
the one covered in the original bill
Why do so few bills become laws?!?
There were supposed to be 5
sculptures at this National
Monument, the fifth…Susan B. Anthony. A rider to the
Congressional bill for Ms.
Anthony was killed and so
we have but four men on the mountain.
How a Bill Becomes a Law:
1. In the House, introduction (sponsorship)
2. Sent to clerk of chamber
• Bill printed, distributed, and sent to appropriate committee or committees (referred by Speaker in House)
• Pigeonhole: ignore and simply let it die3. Committee refers bill to one of its subcommittees
4. Subcommittee researches bill and decides on hearings
• Hearings provide opportunity for both sides of issue to voice their opinions
5. Bill then revised in subcommittee and vote is taken
6. If vote is positive, the bill is returned to full committee
7. Full committee either rejects bill or sends it to House or Senate floor with a recommendation
How a Bill Becomes a Law:
8. Next stage of action takes place on the floor
9. In House, goes to Rules Committee, given a rule, placed on calendar (but not budget bills)
• Rules limit debate and determine what kind, if any, amendments are allowed
10. House may choose to form a Committee of the Whole
• Allows for deliberation with only 100 members present
11. On the floor, bill debated, amendments offered, and a vote taken
12 If bill survives, it is sent to the Senate for consideration—if it was not considered there simultaneously.
How a Bill Becomes a Law:
• In the Senate, bill may be held up by:
• A hold – a tactic by which a senator asks to be informed before a particular bill is brought to the floor.
• A filibuster – a formal way of halting action on a bill by means of long speeches or unlimiteddebate on the Senate.
• Cloture: Mechanism requiring sixty senators to vote to cut off debate.
How a Bill Becomes a Law:
• Third state of action takes place when the two
chambers of Congress approve different
versions of the SAME bill.
• Conference committee works out the
differences so that there is the same wording
for both Senate and the House
• Returns to each chamber for final vote. If it
does not pass in each chamber it dies.
• If bill passes, it is sent to the president.
How a Bill Becomes a Law
• President can either sign it or veto it.• The president has 10 days to consider a bill.• Four options:
1. Can sign the bill, at which point it becomes law.2. Can veto the bill; congress can override the
veto with a 2/3 vote in each chamber.3. Can wait the full ten days, at the end of which
time the bill becomes law without his signature IF Congress is still in session.
4. If Congress adjourns before the ten days are up, the president can choose not to sign the bill. The bill is then pocket-vetoed.• Bill would have to be reintroduced and go
through the entire process again in order to become a law.
How a Bill Becomes A Law
Graphic Organizer• Use your Infographic to complete your graphic
organizer detailing how a bill becomes a law.
Opener – Thursday, April 14th
• Crash Course - How a Bill Becomes a Law
Schoolhouse Rock - How a Bill Becomes a
Law
Congressional
Committees
Purposes of Committees
1. Allows members of Congress to divide
their work among many smaller groups
2. From the huge number of bills
introduced in each congress,
committees select a few for
consideration
3. By holding public hearings and
investigations, committees help the
public learn about key problems and
issues facing the nation
Role of Parties in Organizing Congress
• Parties and their strength have important
implications in Congress.
• Committees are controlled by the
majority.
• Committees set the agenda.
Committee System• Standing Committees
• Continue from one Congress to the next—bills referred here for consideration
• Joint Committees
• Includes members from both houses of Congress, conducts investigations or special studies
• Conference Committees
• Joint committee created to iron out differencesbetween Senate and House versions of a specific piece of legislation
• Select (or special) Committees
• Temporary committee appointed for specific purpose, such as conducting a special investigationor study
Additional Types of Committees
• Subcommittees: Divisions of standing committees
• Specialize in a subcategory of the standing
committees
Committee Membership• Members often seek assignments to committees
based on
• Their own interests or expertise
• A committee’s ability to help their prospects for reelection
• Pork: legislation that allows representatives to bring home the “bacon” to their districts in the form of public works programs, military bases, or other programs designed to benefit their districts directly.
• Access to large campaign contributors
Committee Chairs
• These individuals have tremendous power and prestige.• Authorized to select all subcommittee chairs
• Call meetings
• Recommend majority members to sit on conferencecommittees
• Can kill a bill by not scheduling hearings on it
• Have staff at their disposal
• In the House - seniority vs. loyalty to the party
• In the Senate - seniority still important
• Both chambers have term limits for chairs.
Important Committees
• In the House
• Rules Committee
• Ways and Means Committee
• Appropriation Committee
• In the Senate
• Foreign Relations Committee
• Finance Committee
• Appropriation Committee
• Chairpersons are the most powerfulmembers of committees (145)
The House
Senate CommitteesStanding
• Agriculture, Nutrition, and Forestry
• Appropriations
• Armed Services• Banking, Housing, and Urban Affairs
• Budget • Commerce, Science, and Transportation
• Energy and Natural Resources
• Environment and Public Works
• Finance
• Foreign Relations
• Health, Education, Labor, and Pensions
• Homeland Security and Governmental Affairs
• Judiciary
• Rules and Administration
• Small Business and Entrepreneurship• Veterans' Affairs
Special, Select, and Other
Indian Affairs
Select Committee on Ethics
Select Committee on
Intelligence Special Committee on Aging
Joint Committees
Joint Committee on Printing Joint Committee on Taxation
Joint Committee on the Library Joint Economic Committee
Compromise – Not a Dirty Word!
• Resolving differences
• Congressmen bargain over each section
of the bill
• Each house must accept the final
compromise bill – conference report
• Once accepted, the bill is sent back to
the houses for another floor vote
Running for Office and Staying in Office
• Incumbency
• The fact that being in office helps a person stay in
office because of a variety of benefits that go
with the position
• Name recognition
• Access to free media
• Inside track on fund-raising
• District drawn to favor incumbent
• 1980 to 1990, an average of 95 percent of
incumbents who sought reelection won their
primary and general election races.
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• Only members of the House or Senate can submit a
bill.
• Once a bill is introduced: usually a dead end.
• Of about 9,000 or so bills introduced during a session of
Congress, fewer than 10 percent make it into law.
• System of multiple vetoes; power is dispersed as the
Framers intended.
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How a Bill Becomes Law
Congress and the President
• Constitution envisioned that Congress and the president would have • Discrete powers
• One branch would be able to hold the other in check.
• Since the 1930s, the president has had the upperhand.
• But Congress still has ultimate legislative authority to question executive actions and
• Congress can impeach and even remove him from office.
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• Congressional Oversight• Congressional review of the activities of an
agency, department, or office
• Foreign Affairs Oversight• War Powers Act
• Passed by Congress in 1973: Limits the president in the deployment of troops overseas to a sixty dayperiod in peacetime unless Congress explicitly gives its approval for a longer period.
• Confirmation of Presidential Appointments
• The Impeachment Process
Congress and the Judiciary
• Congress exercises its control over the
judiciary in several ways
• Can establish the size of the Supreme Court, its
appellate jurisdiction, and the structure of the
federal court system
• Senate also has the authority to accept or reject
presidential nominees for the federal courts
• Senatorial courtesy: process by which presidents,
when selecting district court judges, defer to the
senator in whose state the vacancy occurs.
Mr. Smith Goes to Washington
• Read along as we prep for the movie
• Remember – no phones during the movie – you
need to pay attention!
• Movie questions completed and turned in tomorrow
before you leave class
• Be prepared for questions on the movie in your Unit
Test next Tuesday
• Answer the movie questions as you watch and
enjoy the movie!
Closer: Thursday, April 14th
• Interesting facts about Congress
Opener – Friday, April 15th
• Crash Course - Congressional Committees
Interest GroupsChapter 18
Their Purpose: Communicate “wants” to government leaders – influence public policy1. Share common goals and organize to influence
government2. Address specific problems or issues in society3. Unite like-minded people from all over the country 4. Derive strength in numbers
• Government will respond better to large groups than individuals• They have access to more money• Organization
Defining Interest Groups
Why Join?
•Economic interests
• Individual beliefs, values, or attitudes (political ideology)
•Non-political (social)
•Upper income levels
•Who is looking out for the rest of us?
Who Joins?
Types of Interest Groups•Business and Labor
• (AFL-CIO, National Association of Manufacturers, United Mine Workers)
•Agricultural Groups
• (NFU – National Farmers’ Union)
•Others
• Professional (ABA), Environmental (Sierra Club, Greenpeace), Public Interest (Common Cause), Government
SIGs and Unions• Many special interest groups are unions.
• So what is a union?
• A union is an organized group of workers who
collectively use their strength to have a voice in
their workplace. Through a union, workers have
a right to impact wages, work hours, benefits,
workplace health and safety, job training and
other work-related issues
• So unions began their influence in the workplace
and later extended their influence to the
government.
Union Influence
Public vs. Private Sector
• Public sector jobs are government jobs paid by
taxpayers.
• Private sector jobs are jobs in privately and
corporately owned businesses.
How does an Interest
Group influence Policy•Generating Public Pressure – trying to
influence the government by using public opinion on an issue•Hiring professional Lobbyists•Using Constituents as Lobbyists (letter-
writing campaigns)•Media Campaign•Building Alliances – forming
partnerships with groups who share a policy goal
Special
Interest
Groups
&
Political
Parties
Limitations of Interest Groups
•Different groups have different, sometimes conflicting goals
•Larger Interest Groups have more diverse interests
•Smaller Interest Groups have more narrow goals
•Laws to avoid corruption
Interest Groups: The Positive
• Individual citizens can influence government beyond
just voting
• Increase the interest and participation of voters
• Gives minority groups access to all branches of the
government
• Continued expansion of interest groups is expected
Interest Groups: The Negative• Power of interest groups greater than ever before
• Raise and spend large sums of money to support
candidates and parties,
• This support buys access and the internet is a great tool
for rallying the troops
• Also provide endorsements to candidates during
campaigns
• Open Secrets
Major Special Interest Groups
• National Association for the Advancement of
Colored People http://www.naacp.org
• American Federation of Labor-Congress of
Industrial Organization http://www.aflcio.org
• American Medical Association
http://www.ama-assn.org/
• National Education Association
http://www.nea.org/
Influencing Public Policy Lobbyists
•What is lobbying?
•Direct contact with lawmakers or government leaders
•What is a lobbyist?
•Representative of an interest group
• Therefore serves as direct influence by an Interest Group
Who is a Lobbyist?• Individual paid by an interestgroup• By law, must register with Congress
• By law, must file reports to disclose activities
• By law, must estimate salary from the group they represent
•Revolving Door: Many lobbyists are formergovernment officials
What Does a Lobbyist Do?•Meets with Congressmen and women
•Provide reports, statistics, and other relevant information
• Testify before congressional committeesduring hearings or investigations
•Help members of Congress draft bills
• AARP – American Association of Retired
People*
• Christian Coalition*
• NARAL – National Abortion Rights Action
League*
• ACLU – American Civil Liberties Union*
• Club for Growth
• NEA - National Education Association*
• Council on American-Islamic Relations
• National Resources Defense Council
• ABA - American Bar Association*
• Emily’s List
• NOW – National Organization of Women*
• American Conservative Union
• Environmental Defense Fund
• NRA – National Rifle Association
• American Farm Bureau
• Family Research Council
• PETA – People for the Ethical Treatment of
Animals
• AIPAC - American Israel Public Affairs
Committee
• Brady Campaign to Prevent Gun Violence -
previously known as
• Handgun Control, Inc.
• Public Citizen*
• AMA - American Medical Association*
• Moveon.org
• Sierra Club
• ATLA - Association of Trial Lawyers of
America
• NAACP – National Association of Colored
People*
• US Chamber of Commerce
• The Business Roundtable
• AFL-CIO – American Federation of Labor
– Congress of Industrial Organizations*
• NAM - National Association of
Manufacturers*
• Veterans of Foreign Wars*
• Planned Parenthood
• ASPCA – American Society for the
Prevention of Cruelty to Animals
• National Wildlife Federation
• MADD – Mothers against Drunk Driving
American Association of People with
Disabilities
• GLAD - Gay & Lesbian Advocates &
Defenders
• League of Women Voters
• National Immigration Forum
• Lulac
Mr. Smith Goes to Washington
• Read along as we prep for the movie
• Remember – no phones during the movie – you
need to pay attention!
• Movie questions completed and turned in tomorrow
before you leave class
• Be prepared for questions on the movie in your Unit
Test next Tuesday
• Answer the movie questions as you watch and
enjoy the movie!
Opener: Tuesday, April 19th
Unit 3 Test
• Remember!
• No talking
• No squawking (no disruptions)
• No gawking (eyes on your own paper)
• No walking (raise your hand & I’ll come to you) – until
all tests are turned in.
• All multiple choice answers are to be bubbled in on your
Zipgrade answer sheet.
• Remember to complete your essay question on the separate sheet.
• Extra paper is available if you need it
Opener – Tuesday, April 19th