USH Article One

Who introduced the Conneticut Compromise

Sherman

What is a bicameral legislature

two houses

Who introduced the New Jersey Plan and what did it call for

Paterson, equal representation → senate

Who introduced the Virginia Plan and what did it call for

Randolph, proportional representation → house

Who is our representative in the house

Lori Trahan

How long are terms in the house

2 years

What is proportional representation/taxation

taxed on number of free peoples, 3/5s compromise

What is the 14th amendment

all slaves are free, removes 3/5s compromise

What is the census

Count of number of free persons that happens every 10 years

Reapportionment

process by which US Congress allocates the # of reps to each state based on the census

Redistricting

Process by which state legislatures redraw Congressional district boundaries based on # seats they were allocated by Congress

Gerrymandering

Redistricting for political purposes

What happens if something happens to a representative and they have a vacancy

special election

Who writes the rules of the House of Representatives

the house

What happens if a rep is misbehaving

Censure and vote for removal

Who can be impeached by the house of reps

president, vice president, federal judges

Does the house take written records

yes

Who are the leaders in the house

Speaker of the House, Leader of Minority party, Whips

What party does the Speaker of the House usually come from

majority party

Who is the current Speaker of the House

Mike Johnson

Who is the leader of the Minority Party

Hakeem Jeffries

Who are Whips and what do they do

young congressmen, get people to vote, call for initiative

Does the house have limited debate?

Yes, limits on the number of times you can speak on a bill

What do committees do

deal with different responsibilities e.g. committee on agriculture

Is the house or senate more prestigious

senate

Is the house based on seniority

Yes, very seniority driven, longer in the house → more prestigious committee

Who are the Massachusetts senators

Ed Markey, Elizabeth Warren

What are the qualifications to be a rep of the house

at least 25 years old, seven years a citizen, living in the state they represent

What are the qualifications to be a senator

at least 30 years old, 9 years a citizen, inhabitant of the state

How does the senate election process work

Senate divided into 3 parts, senators from the same state can’t be in the same part

• 2 years term at first then 6 year terms

• 4 years term at first then 6 year terms

• 6 years term at first then 6 year terms

Why is the senate election process staggered

so whole government isn’t overturned in one election

What is a filibuster

Only in Senate, a bill is killed by talking so much

cloture

call for at least 60 senators to vote on the topic to end the filibuster

Senate impeachment

if the prez or vp is being impeached → chief justice presides

If a judge is being impeached → vp presides

What happens if there is a vaccancy in the senate

Governor replaces senator to fill the rest of the term

What are the senate leadership positions

President of senate, president pro tempore, senate majority leader, senate minority leader

Who is the President of the senate and what do they do

VP, no real authority but if there is a 50/50 tie the VP can break the tie

What is the role of the President Pro Tempore

longest serving member of majority party, run major sessions, sometimes have young replacement. 4th in line to president

Who is the President Pro Tempore

Patty Murray

What is the role of the Senate Majority Leader

power broker elected by majority party, always speaks first, makes committee assignments

Is a senator in one or multiple committees

multiple

Is there a limit on debate in the senate

no

Who acts faster, the house or the senate?

House

Does the senate have a hierarchy

no

Do senators usually vote according to their party?

vote independently

How much does it take to censure a senator

2/3 vote by own party

Quorum

minimum # of people required to conduct business, 50% + 1

All bills for raising revenue shall originate in the_________________

House of Representatives

Why do all tax bills start in the House?

Any law can start in either but House is the most democratic so its the most representative of the people

The President has 10 days to…

1. Sign the bill → becomes law

2. Veto it→ return to Congress→ can override with 2/3 majority in both House and Senate

3. Not sign w/Congress in session →after 10 days bill becomes law

4. not sign and congress NOT in session → after 10 days bill dies, Pocket Veto

How does a tax bill become a law

House Rules Committee → House Ways and Means Committee → Full House → Senate Finance Committee → Full senate → Conference Committee → Full House and Senate → President

What does the House Rules Committee do

decide which committee a bill goes to

Who makes up the Conference Committee

3 people from senate: 2 majority party 1 minority party, 3 from house: 2 majority party 1 minority party, need majority vote for bill to live

Pocket Veto

When the President doesn’t sign a bill and congress isn’t in session, after 10 days the bill dies

Line Item Veto

Given to some Governors not President, right to reject some parts of law

Why doesn’t the president have the line item veto

Congress had rights to make laws so if President could edit them → violation of separation of powers

Enumerated powers

Powers explicitly listed

Implied Powers

powers implied from the enumerated

What are the enumerated powers of the legislative branch

taxation, credit, commerce, naturalization/bankruptcy, money, counterfeiting, post office, patents and copyrights, federal courts, international law, declare war, armed forces, navy, regulation of armed forces, militia, national guard, capital/Washington D.C., Necessary and Proper Clause/Elastic Clause

Taxation

Explicitly listed first

• Imposts - general tax/head tax

• Excises - tax on domestic consumption of goods and services

• 16th Amendment - income tax, different amounts of tax per person

Credit

No limit on amount borrowed or spent by gov

Commerce

During Confederation - state teriff→tarrif wars, British attacking homespun economy

• gets rights to Tariff commerce

Naturalization/Bankruptcy

Process to be citizen

Process for bankruptcy

Money

Before - every state had own bills

• Uniform → better economy

Post Office

create post office

Patents and Copyrights

• Patents - exclusive right to make and sell invention. Aren’t unlimited, some profit has to go to other research

• Copyrights - literary + artistic work.

• Why? - encourages creativity and innovation when people don’t constantly steal your work

Federal Courts

Article Three - Supreme court, but congress can figure out courts below, fix potential weaknesses, lower courts → Federal Judiciary Act of 1789

International Law

Digital Piracy and real pirates

Declare War

Congress declares war

Armed Forces

Two year appropriations - don’t want long war, fear of standing armies

Navy

make navy

Regulation of Armed Forces

Uniform Code of Military Justice - own court system, court martials

Militia

Make militia - fear of things like Shays Rebellion

National Guard

Call up local militia, national guard in states and trained, can be deployed overseas

Washington D.C./Enclave Clause

During Newburgh Conspiracy: confederation government wanted help from PA militia but they didn’t come → want own protection

• District controlled by fed

• Now a mayor

• 23 Amendment - given 3 electors, only tax paying U.S. citizens not have reps in House/Senate

Necessary and Proper Clause/Elastic Clause

• Congress to make any laws for forgoing power, enumerated powers

• Open to interpretation

• Implied powers - Powers given in order to carry out enumerated powers

• Loose Construction, Strict Construction

What is Loose Construction

Stretching and including as much power and saying its implied

Strict construction

want to keep away powers that aren’t directly implied

Prohibited Powers of legislative branch

slave trade, habeas corpus, illegal punishment, direct taxes, export tax, no favorites, public money, no titles of nobility

Slave trade

Commerce Compromise - no international slave trade after 1808

Habeas Corpus

• having a body

• I can’t put you in jail without presenting evidence

• Ex Parte Merryman - Lincoln tried to suspend habeas corpus but he’s executive branch not legislative branch

Illegal Punishment

• Bill of attainder - when congress passes a law to punish someone without trial

• Ex post facto - I can’t arrest someone for something illegal that was legal when they did it

Direct Taxes

Taxes have to be uniform based on state pop size

16th ammendment - income tax

Export Tax

2nd part of Commerce Compromise - in exchange for the end of the slave trade, no export taxes

No favorites

Government an’t play state favorites

Government has to be equally distributed within states - military bases etc since they can provide for economy and benefit the state

Public Money

Appropriation Bills - spend money and know exactly how much to spend

Iran Contra Affair - During Reagan, U.S. wants to back democratic soldiers in Nicaragua called the Contras. Congress voted not to spend money but some government officials secretly sold arms to Iran in the hopes of sending the money to the Contras.

No Titles of Nobility

No Royal titles. President has to get approval from Congress to accept gifts so no bribes

Prohibited Powers of States

Cannot

• treaty, alliance, confederation because national level functions and sovereignty

• coin money because chaos during confederation

• emit bills of credit

• bills of attaineder, ex post facto

• pass laws violating contracts

• grant titles of nobility

• Regulate trade - no tariffs

• Import/export taxes

  fixes state tariff wars

• keep a standing army

• make war (only if invaded)

• make interstate compacts

  not a loose confederation but united states