2.5 Legislative Branch Part 1

The US Congress is bicameral, meaning it has two separate houses: the Senate and the House of Representatives

What is the US Congress?

The powers and limitations for the two houses are detailed on Article I of the US Constitution as elected representatives draft, alter, and vote on national laws

Where are the powers and limitations for the two houses detailed?

A 51% majority vote is required from BOTH houses of Congress to pass a law 

How much of a vote is required from both houses of Congress to pass a law?

The powers explicitly provided to Congress in Article I are:

1. The ability to make laws 

2. Raising and oversight of tax revenue for common defense 

3. The right to impeach government officials (put them on public trial for potential removal from office)

4. Oversight of commerce between states and foreign nations 

5. Approval of treaties 

6. Exclusive rights on declaring war in the Wars Power Clause 

What are the powers explicitly provided to Congress in Article I? 

These specific powers are known as expressed powers, since they are explicitly expressed in the Constitution

What are the powers known as in the Constitution?

The Supreme Court has interpreted Article I differently over time, affecting federal power

How has the Supreme Court interpreted Article I and what impact has it had?

New Deal (1930s) and Great Society (1960s) programs like Social Security and Medicare were upheld under a broad interpretation of the General Welfare Cause

How were programs viewed during the 1930s and 1960s?

Explicit means something is stated very clearly and directly, leaving no room for confusion, doubt, or interpretation

What does explicit mean?

Military spending grew as Congress funded the Defense Department, which then contracted arms producers who advocated for more funding

Why did military spending grow?

Court rulings have sometimes shifted between federal and state power

What have court rulings sometimes shifted between?

Gibbons v. Odgen (1824) is strengthened federal control over interstate commerce, but later courts favored state rights (1840s-1930s)

What is Gibbons v. Odgen (1824)?

1930s-1990s is when courts favored national government power until later rulings rebalanced authority between state and federal levels

What did courts favor during 1930s-1990s?

The Supreme Court recognizes implied powers, which allow Congress to carry out expressed powers effectively

What powers does the Supreme Court recognize?

Congress uses implied powers to:

1. Fund and oversee revenue collection - Led to the creation of the Internal Revenue Service (IRS)

2. Manage defense spending - Controls the Department of Defense, which funds military research and development

3. Regulate commerce and currency - Established the Federal Reserve System. which controls national money supply

What does Congress use implied powers for?

The powers shared between state and federal governments are known as concurrent powers

What are the powers shared between the state and federal governments called?

Some examples of concurrent powers are:

1. Raising taxes

2. Borrowing money

3. Maintaining law and order

What are some examples of concurrent powers?

The House of Representatives is based on the state population.

What is the House of Representatives based on?

Since 1929, the total number of seats have been capped at 435, with state populations determining seat distribution

What else does the state populations determine for the House of Representatives?

The qualifications for House of Representatives are: You must be at least 25 years old, a state resident, and a US Citizen for at least 7 years

What are the qualifications for House of Representatives?

The term length for House of Representatives is a 2-year term, with no limits on re-election

What is the term length for House of Representatives?

The leadership for House of Representatives is The Speaker of the House and they are elected by the majority party 

What is the leadership for the House of Representatives and how are they elected?

The Speaker of the House controls debate schedules and legislative priorities for the House of Representatives

What is the role for The Speaker of the House with the House of Representatives?

The unique powers for the House of Representatives are:

1. Power of the Purse - Initiates bills related to revenue and taxation

2. Impeachment Power - Have the authority to impeach officials

What are the unique powers for the House of Representatives?

The impeachment trials are conducted by the Senate after a majority vote in the House of Representatives 

Who conducts the impeachment trials?

The Senate consists of 100 members, with 2 senators per state regardless of population

How many members and senators does the Senate consist of?

The qualifications for the Senate are: You must be at least 30 years old, a state resident, and a US citizen for at least 9 years

What are the qualifications for Senate?

The term length for Senate is a 6 year term, with one third of the Senate re-elected every two years

What is the term length for Senate?

Originally, state legislatures elected senators, but the 17th amendment (1913) established direct elections 

Who originally elected senators and what amendment caused this to change? 

The Senate leadership is:

1. The Vice President is the official presiding officer but only votes to break ties

2. The President Pro Tempore (senior majority party member) presides in the VP’s absence

3. Senators can filibuster (delay legislation through extended debate), as the Senate has no speaking limit

What is the Senate leadership?

The unique powers of the Senate are:

1. Approving executive and judicial appointments

2. Ratifying treaties

3. Conducting impeachment trials (after the House of Representatives votes to impeach)

What are the unique powers of Senate?