Legislative branch

Overview of Article One: Legislative Branch

Structure of Government

• Article One of the U.S. Constitution pertains to the Legislative Branch.
    - The Legislative Branch is responsible for making laws and is referred to as Congress.
    - Congress is bicameral, meaning it consists of two chambers: the House of Representatives and the Senate.

House of Representatives

• Composition and Election:
    - Comprises 435 members, all directly elected by the people.
    - Uses proportional representation based on state populations, not land area.
    - States with larger populations receive more representatives.

• Term Length and Qualifications:
    - Members serve two-year terms.
    - Must be at least 25 years old, a U.S. citizen for at least seven years, and a resident of the state they represent.

• Philosophical Basis:
    - Reflects the Enlightenment principles of John Locke, notably the consent of the governed and rule by the people.
    - Known as the "People's House" due to its direct election by the populace.

• Characteristics:
    - Referred to as the lower chamber.
    - Members are generally younger and have less political experience, with potential for high turnover (theoretically all new members every two years).

Senate

• Composition and Election:
    - Consists of 100 members, with each state receiving two senators regardless of population.
    - Originally elected by state legislatures; now, per the 17th Amendment, they are directly elected.

• Term Length and Qualifications:
    - Senators serve six-year terms.
    - Must be at least 30 years old, a U.S. citizen for at least nine years, and a resident of the state they represent.

• Characteristics:
    - Known as the more prestigious body; decisions are made with a longer-term perspective due to staggered elections.
    - Staggered terms mean approximately one-third of the Senate is up for re-election every two years.

Differences Between the House and the Senate

• The Senate serves as a natural check on the House.

• Legislative Pace:
    - The House often seeks quick legislative action, while the Senate emphasizes sustainable, long-term legislation.

• Unique Powers:
    - Revenue bills must originate in the House due to their direct connection to the electorate.
    - The House has the power to impeach officials, holding the authority to accuse government officials of wrongdoing.
    - The Senate approves presidential appointments and treaties and holds the trial during impeachment processes.

Filling Seats in the House

• Census and Redistricting:
    - Every ten years, the Census Bureau conducts a population count.
    - Reapportionment involves redistributing the number of House seats among states based on population changes.
    - Redistricting is the process by which states redraw district boundaries to accommodate their apportioned seats.

• Gerrymandering:
    - The process of drawing district lines to favor a certain political party; it protects the power of the ruling party but not the voters.
    - Subject to litigation and Supreme Court oversight, particularly through:
      - Baker v. Carr: Ensured equal protection in districting.
      - Shaw v. Reno: Prohibited racial gerrymandering.
      - Westbury v. Sanders: Required similar populations across districts (no malapportionment).

Powers of Congress (Article One, Section Eight)

• Enumerated Powers:
    - Known as the Necessary and Proper Clause (Elastic Clause), it allows Congress to expand its powers to meet future needs.
    - Key powers include:
      - Declare war
      - Print and coin money
      - Regulate immigration
      - Commerce Clause allows Congress to regulate interstate commerce (trade between states) while intrastate commerce (trade within a state) is outside their purview.

Restrictions on Congressional Power

• Congress cannot enact certain laws, including:
    - Bill of Attainder: Declares a person or group guilty without a trial.
    - Ex Post Facto Laws: Laws that retroactively make an act illegal after it has been committed.

Unique Powers of Each Chamber

• House of Representatives:
    - All revenue bills must originate here.
    - Has the exclusive power to impeach officials.

• Senate:
    - Approves all presidential appointments and treaties.
    - Holds impeachment trials.

Historical Context

• Historically, three presidents have been impeached: Andrew Johnson, Bill Clinton, Donald Trump.

• Important to understand the roles and functions of each chamber in the legislature, as these concepts commonly appear in examinations and essays.